The Trump administration is being urged to finalize the review and potential cancellation of California's environmental waivers before the upcoming midterm elections. These waivers, granted under the Clean Air Act, allow California to implement stricter emissions standards than federal regulations, impacting costs nationwide.
The Congressional Review Act (CRA), passed in 1994, empowers Congress to review and overturn mandates from federal agencies. Proponents argue this process ensures that unelected bureaucrats cannot impose costs without legislative oversight. President Trump has utilized the CRA to roll back regulations, and advocates believe this should extend to California's specific environmental carveouts.
In 2025, the Environmental Protection Agency (EPA) sent several California waivers to Congress for review, including those related to zero-emission vehicle mandates. The EPA noted that these waivers increased vehicle costs and the overall cost of living for American families. Under the CRA, Congress has 60 days to pass a disapproval resolution, which the president can then sign into law, effectively killing the rule and preventing its similar reissue.
Previously, the Biden administration did not submit these waivers for CRA review, contending they did not qualify as rules. However, the EPA has since reversed this stance. In May 2025, Congress passed, and President Trump signed, three disapproval resolutions targeting California waivers, including those for new motor vehicles.
This month, the EPA forwarded four additional California waivers to Congress. These cover regulations on consumer goods such as cars and lawnmowers. Advocates argue that the administration must complete this process swiftly, as potential shifts in congressional majorities following the midterm elections could prevent further action.
One specific waiver under scrutiny is California's "Vessels At-Berth" regulation, which requires ships docked in the state's ports to use shore power instead of their auxiliary diesel engines. California's own analysis estimates the cost of this regulation at $2.23 billion through 2032, with daily penalties for noncompliance reaching $50,288 per ship.
It is argued that any California waiver previously withheld from CRA review by Democratic administrations should now be submitted to Congress. The current interpretation of the law by the EPA, confirmed by Congress and the president, suggests that all eligible waivers requiring submission should undergo this review process. The EPA has reportedly prepared the necessary framework to ensure congressional involvement in these decisions.