Don’t California America

Last year, Congress made an important statement: California should not be granted special treatment under the Clean Air Act to dictate what kinds of cars and trucks the rest of America can buy. It was a critical step toward preventing the state from exporting some of its worst policies — in this case, a ban on gas-powered cars and trucks — to the rest of the country.But there is more work to be done, and the clock is ticking.For decades, California has sought and received special authority from the Environmental Protection Agency through waivers that allow it to impose vehicle emissions standards more stringent than federal requirements. That’s because when Congress passed the Clean Air Act, it recognized that California already had its own program to combat smog and believed it was important to preserve its ability to continue to do so in certain instances. But what began as a thoughtful accommodation for California’s particular air-quality issues morphed into a mechanism for one state to exert enormous pressure on a host of industries to phase out gas- and diesel-powered engines not just in California, but across the country. Coordinating with the Obama administration and continuing with the Biden administration, California requested and received numerous unlawful waivers that went well beyond addressing the state’s unique air quality challenges, instead impacting cars, trucks, trains, small off-road engines used in gardening equipment, ocean-going vessels at berth, and commercial harbor craft for the rest of the country — all in the name of combating climate change.Last year, Congress began putting an end to this practice by using the Congressional Review Act to disapprove the Clean Air Act waiver for California’s Advanced Clean Cars II regulation, which would have banned the sale of gas-powered cars and trucks and greatly increased the cost of all new vehicles. But six of those waivers are still before Congress for review, touching the cars Americans drive, homeowner equipment such as lawnmowers, and the ships and workboats that move goods through some of the nation’s busiest ports. California should be able to make policy choices for Californians, but when a state’s policies affect national manufacturers, supply chains, distribution networks, and major ports, their economic consequences don’t magically stop at the border. They are felt nationwide, obligating Congress to act. Earlier this month, the American Energy Alliance sent a letter, signed by 25 organizations, to members of Congress urging strong support for CRA resolutions of disapproval targeting the Obama- and Biden-era waivers granted to California. Importantly, disapproval under the CRA does more than eliminate the current actions. Unlike litigation, a successful resolution of disapproval would reach beyond the immediate issue. It generally prevents an agency from issuing a rule “in substantially the same form” without subsequent congressional authorization, meaning future administrations would struggle to reverse course. It allows for a measure of certainty.OPINION: NEWSOM’S CALIFORNIA IS SHAKING DOWN TAXPAYERS — AND THE GETAWAY VEHICLE IS AN AMBULANCELast year’s votes showed that lawmakers know that California’s influence is causing undue national consequences, and they successfully pushed back. Leaving the remaining waivers untouched would still give bureaucrats in Sacramento the ability to California America. And with only this week left before the House adjourns until after the election, prioritizing these waivers is absolutely essential.Congress has a narrow opportunity next week to reaffirm a straightforward principle: California is free to screw up California, but not the rest of the country. Lawmakers started the work last year. This week, they need to finish the job by scheduling votes on all six remaining resolutions of disapproval. Tom Pyle is the president of the American Energy Alliance.