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US agency blocks California EV repeal vote

The Government Accountability Office stated on Thursday that the Biden administration’s approval of California’s landmark plan to stop the sale of gasoline only vehicles by 2035 does not require review or possible repeal by Congress.

The U.S. Environmental Protection Agency, under President Donald Trump, sent the approval last month to Congress stating that it was correctly considered a regulation under the Congressional Review Act. The GAO stated that the decision is an order, and therefore not subject to review.

Trump pledged as a candidate to revoke waivers granted to California by the EPA in accordance with the Clean Air Act, to demand more EVs, and stricter vehicle emission standards. These rules were adopted by 11 other states, including New York Massachusetts and Oregon.

The EPA has said that it believes the actions taken by California, as a result of three waivers granted by the EPA last month, should be considered by Congress to be rules that can be repealed.

California's rule requires 35% of cars in 2026 to be zero-emission models. Automakers claim this figure is impossible to achieve given current sales. This number will rise to 68% by 2030. California says that the rule is essential to achieving greenhouse gas reduction targets and reducing smog-forming pollution.

Shelley Moore Capito, chair of the Senate Environment and Public Works Committee, said that Republicans are evaluating next steps.

Adam Schiff, a California Democrat Senator, said that the GAO's ruling was "clearly consistent" with previous decisions and will "enormously help in protecting California’s ability to protect their citizens."

Under former president Joe Biden, the EPA took the position the waiver wasn't a rule so it couldn't be reviewed by Congress.

California announced its first plan in 2020, requiring that by 2035, at least 80% new cars sold are electric models and up to 20% hybrid plug-ins.

In December, the EPA granted a waiver of California's "Omnibus", low-NOx regulations for heavy-duty highway vehicles and off-road engines. It also submitted this waiver to Congress.

Separately, the U.S. Transportation Department has taken steps to reverse aggressive fuel efficiency rules that Biden had adopted. (Reporting and editing by Chris Craft, Diane Craft and Chris Shepardson)

(source: Reuters)