Wall Street Journal
The Senate Can End California’s EV Mandate
The bureaucrats at the GAO can’t dictate the actions of the U.S. Senate or the will of the voters.
Senate Majority Whip John Barrasso (R-Wyo.)
May 6, 2025
The editorial board notes that “The Politics of EVs Have Changed” (May 5). Last week House Republicans, joined by 35 Democrats, voted to overturn California’s electric-vehicle mandate. It’s time for the Senate to finish the job.
Roughly 40% of Americans, or 133 million people, are subject to California’s EV mandate. The Golden State isn’t simply setting a stricter standard for itself; it’s setting a new national standard. The Biden administration gave the state permission to export its EV mandate one month before President Trump took office—a classic case of midnight meddling. Republicans weren’t fooled, and Environmental Protection Agency Administrator Lee Zeldin submitted the waivers to Congress as rules earlier this year.
Historically an agency’s declaration that its action is a rule has never been questioned. Yet in an unprecedented move, the Government Accountability Office opined that California’s action isn’t a rule and therefore not subject to the Congressional Review Act. Thankfully the bureaucrats at the GAO can’t dictate the actions of the U.S. Senate or the will of the voters. It has said its opinion matters only when agencies don’t submit administrative actions to Congress that could be considered rules. My colleagues can safely disregard the office’s decision in this case.
The California waivers are clearly major rules. They have already taken root in a dozen states, and they cover 40% of all new light-duty vehicle registrations and a quarter of new heavy-duty vehicle registrations. They affect the price and availability of cars and trucks across the country, even in states that haven’t adopted California’s radical agenda.
The Senate should reject the GAO’s cheerleading for more regulation and use the Congressional Review Act to protect consumer choice, affordability, federalism and congressional authority. My Democratic colleagues should join me in these commendable goals.