CEI leads coalition letter supporting Senate CRA votes against EPA California waivers

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Dear Senator:

The House recently passed, in a bipartisan manner, three Congressional Review Act (CRA) resolutions rescinding Biden EPA waivers allowing California to reshape the nation’s car and truck industry. This includes the EPA giving California the green light to ban the sale of new gas- powered cars by 2035.

The undersigned organizations strongly urge the Senate to follow the lead of the House and protect Americans from this radical Green New Deal agenda to kill off our cars. Americans, not state and federal bureaucrats, should be able to choose what kind of vehicles best meet their needs. This push for electrification will limit consumer choice, drive up prices, and make it more difficult for Americans to go to work, see their doctor, and visit family members, among other things.

There is no overstating the importance of these resolutions. While the waivers are for California rules, other states can and have adopted these standards. Further, since manufacturers want to avoid duplicative requirements, California could in effect be establishing a national standard.

The CRA gives the Senate a real chance to put a stop to these waivers because the statute allows for simple majority votes. This may explain why there have been arguments by some Democrats that the waivers are not “rules” under the CRA and therefore may not be the subject of resolutions.

The waivers are exactly the type of agency actions that Congress envisioned would be addressed under the CRA: generally applicable policies affecting the rights or obligations of non-agency parties. The waiver for the car ban, for example, will directly affect tens of millions of people and possibly the entire country. It is hard to imagine anything more generally applicable.

The House, by passing their CRA resolutions, has already made it clear they think the waivers are rules. This includes the 35 Democrats who supported the resolution on the gas car ban.

We also want to stress that Senators shouldn’t depend on the Trump EPA putting a stop to this radical anti-gas car agenda. The EPA may very well repeal the waivers, but the regulatory process itself will take time and there will inevitably be years of litigation. Even if the repeal of the waivers survives judicial scrutiny, consumers and car manufacturers will have to live with the California ban (and other rules) for years, barring an injunction. The damage in many ways will have been done.

To its credit, the Senate has passed CRA resolutions this year. None though come even close to the importance of these resolutions. In fact, these are some of the most important regulatory-related votes in recent memory, and likely ever.

Our organizations urge you to take advantage of this unique opportunity to protect individual freedom and consumer choice, and to put a stop to this shocking agency overreach.

Sincerely,

Daren Bakst
Director, Center for Energy and Environment
Competitive Enterprise Institute

James L. Martin
Founder/Chairman
60 Plus Association

Paul Teller
Executive Vice President
Advancing American Freedom

Lisa B. Nelson
CEO
ALEC Action

John Droz, Jr.
Founder and Physicist
Alliance for Wise Energy Decisions (AWED)

Amy Oliver Cooke
President and Chairman of the Board
Always On Energy Research

Carla Sands
Vice Chair, Energy and Environment
America First Policy Institute
US Ambassador to the Kingdom of Denmark (ret.)

Saulius “Saul” Anuzis
President
American Association of Senior Citizens

Phil Kerpen
President
American Commitment

Kristen Walker
Energy Policy Analyst
American Consumer Institute

Thomas Pyle
President
American Energy Alliance

Hon. Jason Isaac
CEO
American Energy Institute

Myron Ebell
Chairman
American Lands Council

Tom DeWeese
President
American Policy Center

Margaret Byfield
Executive Director
American Stewards of Liberty

Robert Romano
Executive Director
Americans for Limited Government

Brent Gardner
Chief Government Affairs Officer
Americans for Prosperity

Grover Norquist
President
Americans for Tax Reform

Rea S. Hederman Jr.
Vice President of Policy
The Buckeye Institute

David Stevenson
Center for Energy & Environmental Policy
Caesar Rodney Institute

Jessi L. Troyan, PhD
Director of Policy and Research
Cardinal Institute for West Virginia Policy

John A. Charles, Jr.
President & CEO
Cascade Policy Institute

Ryan Ellis
President
Center for a Free Economy

Daniel J. Mitchell
President
Center for Freedom and Prosperity

Jeffrey Mazzella
President
Center for Individual Freedom

John Hinderaker
President
Center of the American Experiment

Craig Rucker
President
Committee for a Constructive Tomorrow (CFACT)

Maaneli Derakhshani (PhD)
Senior Science Advisor
CO2 Coalition

André Béliveau
Senior Manager of Energy Policy
Commonwealth Foundation

E. Calvin Beisner, Ph.D.
President
Cornwall Alliance for the Stewardship of Creation

Kristen A. Ullman
President
Eagle Forum

Craig Richardson
President
Energy & Environment Legal Institute (E&E Legal)

George Landrith
President
Frontiers of Freedom Institute

Mark Krebs
Principal
Gas Analytics & Advocacy Services LLP

Cameron Sholty
Executive Director
Heartland Impact

James Taylor
President
The Heartland Institute

Ryan Walker
Executive Vice President
Heritage Action for America

Mario H. Lopez
President
Hispanic Leadership Fund

Tom Harris
Executive Director
International Climate Science Coalition

Annette Olson
Chief Executive Officer
The John K. MacIver Institute for Public Policy, Inc.

Jon Sanders
Director of the Center for Food, Power, and Life
The John Locke Foundation

Seton Motley
President
Less Government

Jason Hayes
Director of Energy and Environmental Policy
The Mackinac Center for Public Policy

Paul Craney
Executive Director
Massachusetts Fiscal Alliance

Mark Miller
Director of Environment & Natural Resources Litigation
Pacific Legal Foundation

Daniel Turner
Founder & Executive Director
Power the Future

Paul Gessing
President
Rio Grande Foundation

Bette Grande
CEO
Roughrider Institute

James E. Enstrom, PhD, MPH
President
Scientific Integrity Institute

David Williams
President
Taxpayers Protection Alliance

Derrick Max
President and CEO
Thomas Jefferson Institute for Public Policy

Frank Lasee
President
Truth in Energy and Climate

Todd Myers
Environmental Director
Washington Policy Center

Melissa Simpson
President
Western Energy Alliance

Lee Brown
COO/Executive Director
Western States Trucking Association

Carol Platt Liebau
President
Yankee Institute