Senate Republicans Seek to Overturn California Emissions Ruling
Senate Majority Leader John Thune and other GOP leaders asked a federal appeals court to reverse a judge's finding on EPA vehicle emissions waivers.
Updated on Nov. 5, 2026 in Electric Vehicles
Live Poll
Should the federal government be able to override California's own vehicle emissions rules?
Senate Majority Leader John Thune and other senior Republicans asked a US appeals court to overturn a ruling that found the EPA's referral of California vehicle emissions waivers to Congress likely unlawful. The ruling came from US District Judge Beryl Howell in August.
Why it matters
The dispute determines whether California can keep its own tailpipe emissions standards for cars, trucks, and lawn-and-garden equipment. Repealing the waivers would bar the state from regulating tailpipe emissions indefinitely.
Repeal under the Congressional Review Act requires only a simple majority rather than the 60 votes needed for most legislation. The Senate did not vote on some of the four California rules in September before running out of time.
The players
John Thune
Thune is the Senate Majority Leader who joined other senior Republicans in asking the appeals court to overturn the ruling.
Beryl Howell
Howell is a US District Judge who found in August that the EPA's referral of California waivers to Congress was likely unlawful.
The details
The EPA granted California waivers under the Clean Air Act to enact its own emission standards and sent them to Congress in June for potential repeal. California sued, arguing that sending waivers to the Senate under the Congressional Review Act was illegal because waivers are not regulations.
Timeline
June 2026: EPA sent California waivers to Congress for potential repeal.
August 2026: Judge Beryl Howell found the EPA action likely unlawful, and Republicans introduced repeal measures.
September 2026: The Senate did not vote on the California rules, running out of time.
November 4, 2026: Republicans asked an appeals court to overturn the ruling.
Roadmap
The fight centers on whether the Congressional Review Act can be used to repeal California's emissions waivers, a tool the Trump administration and congressional Republicans are testing against the state's independent vehicle regulations. Congress last year rescinded California's authority to outlaw gas-powered vehicles after 2035, a move that signals the broader rollback of state-level electric vehicle mandates.
If the waivers are repealed, California drivers would no longer see the state's own tailpipe emissions standards applied to new cars and trucks. The change would also limit the state's ability to reinstate those rules under a future Democratic administration.
The takeaway
The outcome will determine whether California keeps independent authority over vehicle tailpipe emissions. Readers following the state's electric vehicle policy should track the appeals court's decision.
Further reading
For more on the state's rules for electric cars, see Electric Vehicles coverage for California.
Live Poll
Should the federal government be able to override California's own vehicle emissions rules?
