SCOOP: Congress barrels toward showdown over Biden-era rule letting California ban gas cars

FIRST ON FOX: A key House committee is moving to block one of former President Joe Biden’s parting gifts to the U.S.’s largest progressive stronghold.

Rep. John Joyce, R-Pa., vice chairman of the House Energy & Commerce Committee, introduced a resolution of disapproval on Wednesday night targeting a Biden administration-era waiver granted to California that would help the state realize its goal of a full ban on the sale of new gas cars by 2035.

It’s backed by committee Chairman Brett Guthrie, R-Ky., who called the Biden administration waiver a “de facto EV mandate” for the Golden State.

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California Gov. Gavin Newsom’s ambitious electric vehicle agenda is getting severe pushback from House Republicans. (Shutterstock/Getty Images/Smith Collection)

“The American people should choose what vehicle is right for them, not California bureaucrats. Congressman Joyce’s resolution would block a disastrous ban on the gas-powered vehicles that millions of Americans rely on each and every day,” Guthrie told Fox News Digital. 

“The Energy and Commerce Committee has been committed to addressing this issue since California first attempted to create a de facto EV mandate.”

Joyce said his resolution was “long overdue.”

“Since arriving in Washington, I have fought to protect consumer freedom and allow American families to choose the vehicle that best fits their budget and needs,” Joyce said.

A resolution of disapproval, under the Congressional Review Act, allows lawmakers a mechanism to oppose unilateral rules made by federal agencies.

Biden’s Environmental Protection Agency (EPA) approved a waiver for California in December 2024, just over a month before he left office, that would make it possible for the state to phase out new gas-powered car sales by 2035.

Granting the waiver was one of former President Joe Biden’s last major climate actions. (AP Photo/Susan Walsh)

The waiver was granted despite concerns raised by major automakers earlier that year about the feasibility of California’s goals – but state officials pushing the plan have insisted it’s critical to take on climate change.

At the time, the Biden administration argued the waiver amounted to an order rather than a regulatory rule, meaning it would not be subject to congressional review.

But it’s been the subject of a standoff between the Trump administration and the federal bureaucracy since then.

The Trump administration asked Congress to review the waiver in late February of this year – paving the way for a potential repeal under the GOP-controlled House and Senate.

But the Government Accountability Office (GAO) said last month that California’s waiver is not subject to the Congressional Review Act.

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Backers of the Trump administration’s goal, however, still insist it’s Congress’ job alone to review agency rules.

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“Despite misleading reports, the Congressional Review Act is crystal clear: once an agency action is submitted to Congress, it is Congress—and Congress alone—that holds the unassailable power to approve or disapprove that action,” American Energy Alliance President Tom Pyle said last month. “The GAO’s role is purely advisory, with no legal authority to block Congress from exercising its constitutional duty.”

Joyce’s resolution is the first step toward testing those waters. And with the backing of the powerful House Energy & Commerce Committee, the legislation is likely to see wide Republican support.