Republicans in Congress Are Preparing to Break Decades of Precedent to Block Climate Policy

Republicans’ plan to nix California’s gas car ban will also test the Senate parliamentarian on the boundaries of the Congressional Review Act.

Trump talks to reporters after a meeting with Republican leadership.

Sen. Shelley Moore Capito said Republicans are prepared to use the Congressional Review Act to overturn Biden-era EPA waivers given to California. Steve Helber/AP

Republicans are planning to break decades of precedent — and possibly the law — to stop California from banning new gas cars.

If they move forward with the effort, former administration officials and attorneys say it could suddenly give Congress a pathway to easily overturn any agency action — from licensing pipelines, approving mergers or granting permits for big infrastructure projects.

Sen. Shelley Moore Capito, the chair of the Senate Committee on Environment and Public Works, told NOTUS that Republicans will use the Congressional Review Act — which allows the Senate to fast-track the repeal of some regulations with a simple majority — to undo the Biden-era waivers letting California phase out gas cars.