Bills of Congress May 30, 2025 by U.S. Congress

H.J.Res.88 - Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision. (119th Congress)

Summary

H.J.Res.88 is a joint resolution passed by Congress to disapprove a rule submitted by the Environmental Protection Agency (EPA) regarding California's motor vehicle and engine pollution control standards, specifically the "Advanced Clean Cars II" regulations and the waiver of preemption related to them. The resolution cites the rule as published in the Federal Register (90 Fed. Reg. 642 (January 6, 2025)).

The resolution states that the EPA rule shall have no force or effect.

This action reflects a congressional check on the executive branch's regulatory authority, as outlined in Title 5 of the United States Code, chapter 8, regarding congressional disapproval of agency rules.

Expected Effects

The immediate effect of H.J.Res.88 is to nullify the EPA rule concerning California's Advanced Clean Cars II standards and the waiver of preemption. This means California's ability to set its own, stricter vehicle emission standards would be curtailed.

Automakers would likely face less stringent requirements, at least temporarily, potentially leading to vehicles with higher emissions being sold. The long-term impact would depend on subsequent regulatory actions and legal challenges.

Potential Benefits 2/5

- Could reduce the cost of new vehicles by allowing manufacturers to produce vehicles that meet less stringent emissions standards.
- May provide greater flexibility for automakers in designing and manufacturing vehicles.
- Could potentially lead to lower energy costs if less efficient vehicles are more affordable.
- Could reduce regulatory burden on businesses in the automotive industry.
- May spur innovation in alternative technologies if manufacturers are not forced to comply with specific mandates.

Most Benefited Areas:

Business Prosperity & Innovation ★ ★ ★ ★ ★

Potential Disadvantages

- Could lead to increased air pollution and associated health problems, particularly in California.
- May hinder efforts to combat climate change by allowing vehicles with higher greenhouse gas emissions.
- Could undermine California's ability to innovate and lead in clean vehicle technology.
- May create uncertainty for automakers who have already invested in complying with California's standards.
- Could weaken the overall national effort to reduce vehicle emissions and improve air quality.

Most Disadvantaged Areas:

Environmental Protection & Climate Action ★ ★ ★ ★ ★

Public Health & Healthcare Access ★ ★ ★ ★ ★

Economic Growth & Job Creation ★ ★ ★ ★ ★

Constitutional Alignment 4/5

This resolution is an exercise of Congress's legislative powers under Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. Specifically, it utilizes the Congressional Review Act (CRA), codified in Title 5, to disapprove an agency rule. This is a mechanism for Congress to check the power of the executive branch and ensure that agencies are acting within the bounds of their delegated authority.

The resolution does not appear to infringe upon any specific constitutional rights or protections. The CRA itself has been upheld as a constitutional exercise of legislative power.

However, the underlying EPA rule and California's authority to set its own emissions standards have been subject to legal challenges based on federalism and the Commerce Clause, though these are not directly addressed by the resolution itself.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to citizens. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).