As the Environmental Protection Agency (EPA) moves to send additional California vehicle emissions waivers to Congress for potential repeal, the strategy underscores a broader legal and political battle over state authority under the Clean Air Act. The agency’s reliance on the Congressional Review Act highlights a procedural approach that could shape how courts assess the durability of these actions.
“Challenging the waivers on procedural grounds through Congress rather than trying to claw them back administratively likely puts the EPA on a more solid legal footing,” Bracewell’s Holt Edwards told S&P Global.
“They are saying, ‘We’re going to submit them to Congress, and it’s within the purview of Congress whether to act,’” Edwards added. “Anything that happens there is just a congressional action.”
