The state of California’s ban on the sale of new, gasoline-powered passenger cars after the year 2035 is in jeopardy, despite a December court ruling that seemed to ensure its safety. Today, the United States Senate voted 51 to 45 to revoke three rules from the California Air Resources Board (CARB), two that regulated the tailpipe emissions of medium- and heavy-duty trucks and one that would mandate the sale of EVs exclusively from 2035 onward. That CARB rule was expected to roll out starting in 2026, with automakers and retailers eventually tapering off their sales of internal-combustion passenger cars in favor of EVs like the Tesla Model Y and Rivian R2.
The Senate Is Breaking From Tradition
Today’s Senate vote is unusual in a few key ways. For starters, the Senate overruled the guidance of its parliamentarian, a non-partisan and non-governing role in the legislative body who interprets rules for how it can act. According to NPR, the parliamentarian’s suggestions have only been overruled a few times in the 90-year history of the position: in 1975, 2013, and 2017. The congressional branch proceeded with the vote under the Congressional Review Act (CRA), which allows Congress to revoke waivers it considers unconstitutional. However, both MacDonough and the Government Accountability Office advised the Senate that this use of the CRA wasn’t legal.
For its part, the State of California has issued several warnings to the feds that it will challenge Congress’ decision on the matter. In a statement to NPR, Attorney General Rob Bonta said that the state has exercised its right under the Clean Air Act to make air quality decisions germane to California citizens and that reducing emissions is crucial to the health and wellbeing of its citizens. Governor Gavin Newsom also expressed economic concerns in a statement on his office’s website.
The United States Senate has a choice: cede American car-industry dominance to China and clog the lungs of our children, or follow decades of precedent and uphold the clean air policies that Ronald Reagan and Richard Nixon fought so hard for. Will you side with China or America?
–California Governor Gavin Newsom
SEMA Praises The Senate’s Decision
In a statement distributed to members of the press, the Specialty Equipment Market Association (SEMA) celebrated the end of EV mandates – perhaps prematurely, if CARB has its day in court. SEMA claimed that the California Advanced Clean Cars II regulation, as the 2035 ICE ban is known, jeopardizes a significant portion of the American economy, threatening 300,000 jobs that presumably lie in the gasoline and diesel performance industries. SEMA claims that it’s not anti-EV, but that it prefers a technology-neutral position that fosters innovation and ingenuity in all sectors.
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Even so, the organization “mobilized an army of advocates” to send more than 56,000 letters to members of Congress, host 56 meetings with aftermarket industry representatives and lawmakers in Washington, DC, and push digital media marketing initiatives to reach 2 million voters in battleground states. According to OpenSecrets.org, SEMA spent nearly $600,000 in the 2024 election cycle through its Driving Force Action SuperPAC, with $566,300 going to anti-Democratic voter education initiatives and $33,600 going to pro-Republican initiatives.
CarBuzz and its writers, editors, and owners have no affiliation with any political entity or party. The CarBuzz team comprises members with a variety of differing political and social views.
Source: NPR, Specialty Equipment Market Association
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