Republicans in Congress have voted to use its authority under the Congressional Review Act to roll back California’s states’ right to protect its own residents’ lungs and pocketbooks with better emissions rules.

But here’s the thing: Congress doesn’t have that authority, and the republican party is once again just farting in the wind with the sole purpose of letting everyone know that it wants to poison Americans and raise their fuel costs.

We’ve heard plenty of stories recently about how the senile felon squatting in the White House wants to harm Americans. But in the last 100 days of the exact kind of incompetent flailing that anyone with half a brain expected out of him, relatively less attention has been paid to the attempts of republicans in Congress to poison Americans.

Well, they’ve decided to jump into the spotlight and remind everyone just how bad the entire party is, as republicans in Congress have voted to increase pollution and fuel costs for California and 11 other states.

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The vote comes in the form of a Congressional Review Act action withdrawing California’s “waiver” from the EPA. For more than half a century, California has asked for and been granted this waiver that allows it to set its own emissions rules. Other states can follow California’s rules (and around 11 states do so, though that amount differs for each rule), as long as they do so exactly, and as long as those rules are stronger than the national ones.

It has this unique authority because California had its own Clean Air Act before the federal Clean Air Act was passed, and because the state had a unique problem with smog at the time and needed stricter rules than the rest of the country. California’s clean air laws have been effective in reducing pollution, with vehicle-based pollutants dropping by 98% in the last 50 years. But of course, there’s still more to be done, as the LA area remains one of the smoggiest in the country.

Despite the protestations of industry at the time and since, these rules have not made it impossible for them to operate, or sell cars, or profit from selling cars, in the region.

And California’s newest set of rules is set to save Californians, and the residents of other states who follow them, hundreds of billions of dollars on health, fuel, and maintenance costs through 2050 by encouraging electrification – and of course will save thousands of lives due to pollution reductions. Republicans are planning to target not just California’s regulation on light duty vehicles today (ACC II), but tried to roll back some other truck emissions rules yesterday (the ACT and HD low-NOx Omnibus rules).

So, Congress has declared it wants to end California’s progress in protecting its own residents. Despite the massive improvement in health and air quality, and reduction in health costs as a result, republicans in Congress are once again making it clear that they favor poisoning Americans, so much so that they’ll even try illegal actions to do it.

The problem with using the Congressional Review Act in this situation is that it is doubly illegal to do. The CRA gives Congress the authority to roll back government agency actions, like those of the EPA, but it has been rarely used since its passing, since doing so results in a dysfunctional government and an unpredictable business environment.

But the CRA has a time limit, and Congress must act to reverse these rules within 60 days. The EPA approved California’s waiver on December 18, 2024, which is more than 60 days ago; therefore, the CRA does not apply.

Further, even if it were within 60 days, the CRA can’t be used to reject California’s waiver, because it isn’t a “rule.” The CRA only allows Congress to change “rules,” and the waiver isn’t a rule itself; it’s just EPA telling California that it can set its own rules. Both the Senate Parliamentarian and the Government Accountability Office (the real government office that holds government to account, unlike Elon Musk’s fake and redundant “Department of Government Efficiency” advisory board), along with many others have recognized that this is the case, and Congress knows it. But hey, at least they have the oil companies on their side.

So, Congress’ action today is illegal, and doubly so. It knows that this vote has no legal backing – but it still took the vote anyway, impotently screaming from the rafters “WE WANT TO KILL YOU!!!”… which apparently some people still need to hear.

For its part, the California Air Resources Board, the organization responsible for California’s regulations, said “CARB will continue its mission to protect the public health of Californians impacted by harmful air pollution.” So, we hope that CARB will continue to act within the law, and ignore Congress’ ridiculous protest.

Meanwhile, doctors, nurses, scientists, environmental groups, many businesses, people who recognize that they have lungs which they would like to continue using, and so on, generally support the strongest regulation possible. This week, more than 100 clean air groups sent a letter supporting the waiver. But who listens to those idiots anyway?

That hasn’t stopped other bad actors from stepping in to show support. The auto lobbyist that represents virtually every car company, which calls itself the “Alliance for Automotive Innovation” despite routinely opposing electrification efforts, came out in favor of ending California’s clean air rules. This is despite the weasel who runs the organization, John Bozzella, appearing on stage to give a speech when the EPA implemented rules with similar goals on a national level.

Bozzella has long stated that he thinks California and the EPA should have the same set of rules – but his organization is the one that originally lobbied Mr. Trump, during his first period squatting in the White House, to shatter the single national standard that had been set up under President Obama, opening this Pandora’s Box to begin with. And in case you need a reminder, California ended up winning that fight, which somebody predicted well ahead of time.

And don’t forget: the Alliance Against Automotive Innovation’s opposition to EVs will signal the nail in the coffin for the US auto industry. China is getting great at building EVs, to the point that other nations are desperately trying to put up barriers to stop them. But it hasn’t worked, and it won’t work. The only thing that will work is getting more serious about EVs, and trying to stop them ain’t it.

And, of course, the oil industry, responsible for untold death and destruction, has also arranged itself on the side of poisoning Americans, alongside republicans in Congress. What a surprise.

We, at least, know what side we’re on.

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