Empire State Review Contributor 
In a significant move, the U.S. House of Representatives voted 246-164 on May 1, 2025, to repeal the Environmental Protection Agency’s (EPA) waiver that permitted California to enforce its plan to ban the sale of new gasoline-powered vehicles by 2035. This decision challenges one of the nation’s most ambitious climate policies, which has been adopted by California and 11 other states, collectively representing about 40% of the U.S. auto market.
Background of California’s 2035 Gas Car Ban
In 2020, California Governor Gavin Newsom signed an executive order directing the state to halt the sale of new gasoline-powered cars and trucks by 2035. The California Air Resources Board (CARB) formalized this directive with the Advanced Clean Cars II rule, which mandates that 100% of new passenger vehicles sold in the state be zero-emission by 2035. The EPA granted California a waiver under the Clean Air Act in December 2024, allowing the state to implement stricter emissions standards than federal guidelines. This waiver also enabled 11 other states, including New York, Massachusetts, and Oregon, to adopt similar standards.
The House Vote and Its Implications
The resolution to repeal the EPA waiver, known as House Joint Resolution 88, was introduced by Representative John Joyce (R-PA). The vote saw 35 Democrats joining 211 Republicans in support, while 164 members opposed it. Proponents of the repeal argue that the ban could lead to increased vehicle costs and limited consumer choices, while opponents believe it undermines efforts to combat climate change.
The resolution now moves to the Senate, where its passage is uncertain. Legal experts note that the Senate parliamentarian and the Government Accountability Office have stated that Congress lacks the authority under the Congressional Review Act to overturn state environmental waivers. However, Senate Republicans may attempt to bypass these rulings, potentially leading to a legal and procedural showdown.
Industry Reactions and Legal Considerations
Automakers and industry groups, including the Alliance for Automotive Innovation, have expressed concerns about the feasibility of meeting the stringent emissions standards. They argue that the rules could depress sales and increase costs, particularly in states where electric vehicle adoption is currently low. The American Petroleum Institute also supports the repeal, stating that the ban could harm jobs and manufacturing.
Conversely, environmental advocates and California officials argue that the ban is essential for reducing greenhouse gas emissions and improving air quality. Governor Newsom criticized the House vote as politically motivated and vowed to continue defending the state’s climate policies. He emphasized that California’s authority to set stricter emissions standards has been upheld by previous administrations and is crucial for the state’s environmental leadership.
Broader Implications for Climate Policy
The outcome of this legislative battle could have far-reaching implications for state and federal environmental regulations. If the repeal is upheld, it may set a precedent for limiting states’ ability to implement stricter environmental standards, potentially undermining decades of progress in air quality and emissions reductions. On the other hand, if the repeal is overturned, it could reinforce states’ rights to enact policies that address local environmental concerns.
As the debate continues, the future of California’s 2035 gas car ban hangs in the balance, with potential consequences for the nation’s approach to climate change and environmental policy.
