H.J.Res.88 - Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision. (119th Congress)
Summary
H.J.Res.88 is a joint resolution passed by the House of Representatives that disapproves of the Environmental Protection Agency's (EPA) rule regarding California's motor vehicle and engine pollution control standards, specifically the 'Advanced Clean Cars II' regulations and the waiver of preemption. The resolution aims to nullify the EPA rule, preventing it from taking effect. The disapproval is enacted under Chapter 8 of Title 5 of the United States Code, which provides a mechanism for Congress to review and potentially overturn agency regulations.
The resolution cites the Federal Register reference for the EPA rule (90 Fed. Reg. 642, January 6, 2025), indicating the specific regulation being targeted. The joint resolution was received in the Senate on May 21, 2025, indicating the next step in the legislative process.
If the Senate also passes the resolution, the EPA rule will have no force or effect, potentially impacting California's ability to set its own stricter vehicle emission standards.
Expected Effects
If enacted, H.J.Res.88 would prevent the EPA's rule regarding California's vehicle emission standards from taking effect. This would mean California would not be able to enforce its 'Advanced Clean Cars II' regulations.
Automakers might face differing standards depending on whether they sell vehicles in California or other states. This could lead to increased costs or a delay in the transition to electric vehicles.
The practical effect is that California's stricter emissions standards would be blocked, potentially leading to higher overall emissions and a slower transition to electric vehicles nationwide.
Potential Benefits
- Could reduce compliance costs for automakers, potentially leading to lower vehicle prices for consumers in the short term.
- May prevent disruptions to the automotive industry caused by differing state and federal regulations.
- Could allow for a more uniform national approach to vehicle emission standards.
- Might protect jobs in industries reliant on traditional combustion engine vehicles.
- Could prevent potential energy grid strain associated with rapid electric vehicle adoption.
Potential Disadvantages
- Could slow down the transition to electric vehicles and reduce the adoption of cleaner technologies.
- May lead to higher levels of air pollution, particularly in California and other states that have adopted stricter emission standards.
- Could undermine California's ability to address its unique air quality challenges.
- May negatively impact public health due to increased emissions.
- Could hinder innovation in the electric vehicle sector by reducing the incentive for manufacturers to develop and sell zero-emission vehicles.
Constitutional Alignment
The resolution is an exercise of Congress's legislative powers under Article I, Section 1 of the Constitution, which vests all legislative powers in the Congress. The disapproval process outlined in Chapter 8 of Title 5, U.S. Code, is a mechanism established by Congress to oversee and check the actions of executive agencies like the EPA.
There is an ongoing debate regarding the extent to which the federal government can preempt state regulations, particularly in areas like environmental protection. Some argue that the Tenth Amendment reserves powers not delegated to the federal government to the states, while others contend that the Commerce Clause grants the federal government broad authority to regulate activities that affect interstate commerce.
This resolution does not appear to infringe upon individual rights or liberties protected by the Bill of Rights. The constitutional alignment score reflects the ongoing debate about federalism and the appropriate balance of power between the federal government and the states.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).