Pallone Blasts Republicans For Bringing Illegal, Pro-Pollution CRA Resolutions to House Floor

Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ) delivered the following remarks on the House floor today as prepared in opposition to H.J. Res. 87, H.J. Res. 88, and H.J. Res. 89, resolutions that invoke the Congressional Review Act (CRA) to undo Clean Air Act waivers granted to California for stronger vehicle emissions standards:

Madam Speaker, I yield myself such time as I may consume.

I rise in strong opposition to H.J. Res. 87, H.J. Res. 88, and H.J. Res. 89. Like much of what Republicans do here on the House floor, these three resolutions are a waste of time and are going nowhere. That’s because both the Government Accountability Office (GAO) and the Senate Parliamentarian have determined that Congress cannot nullify these waivers using the Congressional Review Act. And yet, here we are – Republicans are ignoring those rulings and moving ahead – again a giant waste of time. 

These resolutions are nothing more than a ploy to distract hardworking Americans from the fact that President Trump is singlehandedly destroying our economy and driving up costs for American families, including on vehicles. Markets are in turmoil, Americans’ retirement savings are in freefall, and prices for everyday goods continue to rise – all as result of Trump’s trade war with the entire world. Trump’s tariffs are also expected to drive up the costs of vehicles in the United States by up to $15,000. And Republicans silently sit back and let it happen – bringing up resolutions on the floor that are going nowhere. 

These illegal CRA resolutions threaten Clean Air Act waivers of federal preemption that allow stronger pollution standards for cars and trucks for the state of California.   

These resolutions are a direct attack on over 50 years of Congress and the Environmental Protection Agency (EPA) recognizing California’s long-standing authority to set stronger vehicle emissions standards to protect the public health of its residents from the state’s unique air quality challenges.

California started regulating tailpipe emissions in 1966 before the federal Clean Air Act was even enacted. In drafting the Clean Air Act decades ago, Congress recognized California’s air quality challenges that demonstrate compelling and extraordinary circumstances, justifying more protective standards. This waiver mechanism also allows other states with challenging air pollution conditions to voluntarily adopt California’s standards if they fit the state’s needs.

This has allowed the state to be a laboratory of innovation for the auto industry and pioneer emissions reduction technologies such as the check-engine dashboard light, and even the development of zero-emission vehicles. The standards under threat today would continue that legacy. 

But, H.J. Res. 87, 88, and 89 would completely dismantle that progress, at a time when the Trump Administration appears to be determined to cede our global leadership in clean transportation to China. But none of this has to happen. These resolutions are illegal, plain and simple.

My Republican colleagues were informed weeks ago by the independent, non-partisan GAO that California’s waivers cannot be revoked using the CRA on two accounts. First, EPA’s waiver decisions are not rules. Second, even if the waivers were considered rules, they would be rules of particular applicability since they only concern one specific entity – California. These two factors disqualify the waivers from review under the CRA, and the Senate Parliamentarian agreed. That should have been the end of the line, but again Republicans are taking their cues from Trump – and he doesn't care what the law is.

EPA has granted dozens of waivers over five decades, and there is a long bipartisan history of recognizing these waivers as orders – which House Republicans are determined to ignore. 

Their action here on these resolutions would go beyond today’s debate on three California waivers. By using the CRA to nullify orders, House Republicans are setting a dangerous precedent that expands the applicability of the CRA. That means countless numbers of executive actions made across the federal government would be at the mercy of the political winds of a vocal few in Congress. States seeking approvals for energy infrastructure projects would be under threat. Leasing decisions for major oil and gas fields could be targeted. States that submit waivers for their Medicaid programs could be up for Congressional review under this newly expanded applicability. This action opens pandora’s box for Republicans to invalidate other state level programs they deem unfit for their extremist agenda.

This should ring the alarm bells for everyone in this chamber. Today, it’s waivers for California’s clean vehicle standards; tomorrow, it could be a program or project in another state out of favor with Trump and Republicans.

To be clear the transportation sector is the largest contributor to greenhouse gas emissions in the United States, making up nearly one-third of overall pollution. Passing these resolutions would allow more nitrogen oxides, fine particles, and climate disrupting emissions to poison our air.

While it’s disappointing my Republican colleagues are attempting to tear down health protective-standards, it’s not surprising. Just look at their plans to strip health care from millions of Americans with hundreds of billions of dollars in devastating Medicaid cuts. 

Instead of attacking clean vehicle programs, opposing investments in American EV manufacturing, and pushing regressive anti-electrification policies, Congress should focus on supporting market innovation, preserving U.S. competitiveness, and providing regulatory certainty for the clean vehicle industry. Otherwise, we are giving China even more runway to win in the transition to a clean energy economy, especially across the electric vehicle supply chain. 

I strongly oppose all three of these misguided resolutions, and I reserve the balance of my time. 

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