Congress can end California’s EV mandates

This week, the House is expected to vote on three important Congressional Review Act (CRA) resolutions of disapproval that would repeal California waivers granted by President Biden’s Environmental Protection Agency (EPA):

H.J. Res. 87 would overturn California’s waiver for the “Omnibus” rule;

H.J. Res. 88 would overturn California’s waiver for Advanced Clean Cars II; and

H.J. Res. 89 would overturn California’s waiver for Advanced Clean Trucks.

Of special importance is H.J. Res. 88. This is a CRA resolution that would repeal the waiver that allows California to ban the sale of new gas-powered cars by 2035, making electric vehicles (EVs) the only options for consumers in the market for a new car.

Additionally, under Section 177 of the Clean Air Act, other states can adopt California’s Advanced Clean Cars II standards, and 11 states plus Washington, DC have already done so. As a result, car buyers in California won’t be the only ones affected by this ban, and the effects could spread beyond just these states. For a more in-depth discussion on this, see my colleague Daren Bakst’s blog here.

Overall, the EPA waiver for California’s Advanced Clean Cars II would limit consumers’ ability to choose vehicles that are best suited to them. Further, this California rule fails to consider the many problems with EVs and the effects the rule will have.

EVs are expensive, and not everyone will be able to afford one. Many low-income families will be priced out from owning cars that they need to meet the requirements of daily life, such as going to school, work, and doctor’s appointments.

Moreover, while EVs may be desirable for some Americans, they still have lots of problems and banning their competitors won’t incentivize EV manufacturers to address these problems. As Michael Shellenberger, co-founder of the Breakthrough Institute, has said, “we didn’t get jet planes by banning propeller planes.” Similarly, we won’t get a better EV by banning gas-powered vehicles.

Further, mandating EVs will only put more stress on a suffering electrical grid that demands more energy every day to power things like AI data centers. California has suffered from blackouts in the past, and an EV mandate would make blackouts more frequent. If this was not bad enough, imagine that there is a wildfire in your community, and you can’t access the news or emergency information because the power is out.

Congress should support overturning this waiver so that Americans are allowed to make their own decisions in the marketplace for cars.