WASHINGTON — Congress has passed a measure to overturn California’s planned 2035 ban on new gas-powered car sales, impacting 11 other states and the District of Columbia, which together represent 40% of the U.S. auto market. The Senate approved the resolution on May 22, 2025, with a 51-44 vote, following House approval earlier in May. The measure now awaits President Donald Trump’s signature, but legal challenges loom as California vows to fight the decision.
The resolution targets a Biden-era Environmental Protection Agency (EPA) waiver, granted in December 2024, that allowed California to implement its Advanced Clean Cars II rule. This rule mandated that 35% of new vehicles sold in model year 2026 be zero-emission vehicles (ZEVs), including battery-electric, plug-in hybrid, and hydrogen fuel cell models, rising to 100% by 2035. States adopting California’s standards, including Massachusetts, New York, Oregon, Vermont, Washington, Colorado, Delaware, Maryland, New Jersey, New Mexico, Rhode Island, and Washington, D.C., would have followed suit, with some starting in model year 2027.
California’s authority to set stricter emissions standards than federal rules stems from its pre-EPA regulations, grandfathered under the 1970 Clean Air Act. The state has received approximately 100 such waivers, but the Congressional Review Act (CRA), which allows Congress to overturn executive actions within 60 legislative days, was used to challenge this one. “These unlawful and unlawful CRA resolutions purport to invalidate clean air act waivers that allow California to enforce state-level emissions standards,” said California Attorney General Rob Bonta at a news conference. “The nonpartisan Government Accountability Office and the Senate parliamentarian … both determined the CRA’s process does not apply to the EPA waivers.”
Bonta announced a lawsuit against the Trump administration, arguing the CRA’s use is illegal. The Senate parliamentarian and Government Accountability Office ruled in 2025 that the waiver is not a rule subject to CRA review, a stance California cites as precedent. “California has received approximately 100 waivers … and the CRA has not been applied,” Bonta said. A similar conflict occurred in 2019 when the first Trump administration revoked a California waiver, leading to lawsuits that were dropped after the Biden administration reinstated it in 2022. A 2022 challenge by states and the energy industry failed when courts ruled they lacked standing, with the Supreme Court agreeing to review that finding.
The ban’s requirements posed challenges for automakers. California’s ZEV sales dropped from 22% in late 2024 to 20.8% in early 2025, despite the state having the nation’s largest EV charging network. Achieving 35% ZEV sales for model year 2026 would have required a 68% market share increase, which Toyota called “impossible to meet.” Automakers faced options like limiting non-ZEV inventory, buying credits from companies like Tesla, or paying $10,000 fines per non-compliant vehicle. Consumers could still buy gas-powered cars in other states or used markets, potentially driving up used car prices nationwide.
Critics highlighted infrastructure concerns. “We need to ‘Make California Affordable again’ by giving consumers options and not boxing them into a single choice and forcing them to purchase expensive electric vehicles they can’t afford,” said state Sen. Tony Strickland, R-Huntington Beach. “Furthermore, as vice chair of the Senate Transportation Committee and a member of the Senate Energy Committee, I am concerned that California is not truly prepared to have 15 million electric vehicles on the road by 2035 … If everyone plugs in and charges their EVs, we will experience rolling blackouts because of inadequate energy capacity.” In 2022, California’s grid operator asked EV owners to avoid charging during a heat wave, and UC Berkeley researchers estimate $20 billion in grid upgrades is needed to support EV adoption.
The resolution’s passage, backed by 35 House Democrats and one Senate Democrat, Sen. Elissa Slotkin of Michigan, reflects bipartisan concerns about feasibility and consumer choice. If Trump signs the measure, California’s lawsuit could escalate to higher courts, potentially resolving decades-long tensions over the state’s emissions authority. The outcome will shape the auto industry and environmental policy nationwide.