GianCarlo Canaparo, a senior legal fellow at The Heritage Foundation, said that future Democratic administrations cannot reauthorize California’s emissions waiver without new legislation under the Congressional Review Act (CRA). This statement was posted on X.
“Huge deal,” said Canaparo. “The Congressional Review Act bans rules of substantially the same form. No future D administration can ever give California a waiver again. unless Congress passes a law authorizing it.”
According to Congress, the CRA allows Congress to overturn federal regulations within 60 legislative days of their finalization. Once a rule is repealed, the issuing agency may not issue a new rule that is “substantially the same” without new legislative authorization. This provision applies broadly, though the statute does not define “substantially the same,” leaving the interpretation potentially subject to judicial or administrative discretion. The CRA has been used sparingly since its enactment in 1996 but gained prominence after 2017.
As reported by the National Conference of State Legislatures (NCSL), 17 states and Washington, D.C., have adopted California’s stricter vehicle emissions standards under Section 177 of the Clean Air Act, representing over 40% of the U.S. auto market. These states rely on California retaining its Clean Air Act waiver to enforce rules that go beyond federal standards. If the waiver were overturned under the CRA, these states would lose their legal authority to apply California’s stricter rules without new congressional authorization.
According to NCSL, since 1967, the Environmental Protection Agency (EPA) has granted California more than 100 waivers or authorizations to set its own vehicle emissions standards, recognizing its unique air quality challenges. These waivers have enabled California to lead the nation in automotive emissions regulation, including adopting zero-emission vehicle programs. The EPA historically bases waiver decisions on whether California’s standards are needed to meet “compelling and extraordinary conditions” and are at least as protective as federal standards.
Canaparo is a senior legal fellow at The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies, where he specializes in constitutional and administrative law. His work often focuses on equal protection, civil rights, and the rule of law. He co-hosts the SCOTUS 101 podcast, which tracks Supreme Court developments. Canaparo previously served as a federal law clerk and practiced at Skadden, Arps, earning his law degree from Georgetown University and a bachelor’s in economics from UC Davis.