Republicans’ illegal dirty air bill signed, setting up legal fight with California
Republicans have used the Congressional Review Act to roll back California’s states’ right to protect its own residents’ lungs and pocketbooks with better pollution rules.
But here’s the thing: Congress doesn’t have that authority because that’s not how the Congressional Review Act works, so the republican party is once again just letting everyone know that it wants to poison Americans and raise their fuel costs, no matter the legality of doing so.
Update, June 12: Mr. Donald Trump has now placed his childish chickenscratch onto the illegal resolution, setting up yet another legal fight with California.
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 hundred-and-some 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 decided to jump into the spotlight and remind everyone just how bad the entire party is, as republicans in Congress passed a bill to increase pollution and fuel costs for California and 11 other states.
Both the House and Senate narrowly passed the resolutions, led by republicans and with only a smattering of Democratic votes – including Sen. Slotkin of Michigan, who voted for the measure despite the harm it will bring to the auto industry that is so important in her state which will be made less relevant globally as it retreats in the face of rising competition from China; and Reps. Whitesides and Correa of California, both of whom who voted to harm their own state and restrict its freedoms, and who represent areas around LA, which suffers from high pollution.
Then the bill today reached the desk of a convicted felon who is Constitutionally barred from holding office in the US, where he marked it with his chicken-scratch, as he promised the oil industry he would do in exchange for a billion dollars in bribes (which he only received a fraction of).
How republicans are attacking clean air this time
The measure came in the form of three Congressional Review Act (CRA) actions withdrawing three of California’s “waivers” from the EPA, even though the CRA does not apply to the waivers.
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. So a carveout was made in the federal law in recognition of this.
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 due to factors including geography, high car dependency, heavy shipping traffic, and a lack of public transitt.
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 California or any other states that follow its rules.
California’s newest set of rules would 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 targeted not just California’s regulation on light duty vehicles (ACC II), but also some other truck emissions rules (the ACT and HD low-NOx Omnibus rules).
So, the republicans have declared they want to end California’s progress in protecting its own residents, and the restidents of 11 other states. Despite the massive improvement in health and air quality, and reduction in health costs as a result, republicans 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 CRA can’t be used this way, and republicans know 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, we are past the deadline where the CRA can be used.
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, 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 here is illegal, and doubly so, because the waiver is not a rule, and it is outside of the 60 day window. This action is also dangerous to your health, exacerbates climate change, and will raise Americans’ fuel costs and cede ground to China in the changing global auto industry.
Notably, at least one republican Senator, Mike Lee of Utah, correctly acknowledged that this is an illegal action, stating clearly that “California’s CAA federal preemption waivers cannot be reviewed under the Congressional Review Act (CRA) because the waiver granted by EPA is not a rule as that term is defined in the CRA.” However, regardless of publicly acknowledging that this cannot be done in a document that is still up on his own website, Lee still voted for it anyway.
Despite illegality, republicans still agitate for dirty air
They know that this method of revocation has no legal backing – but it still went through with it anyway, impotently screaming from the rafters “WE WANT TO KILL YOU!!!”… which apparently some people still need to hear.
But if republicans know this is illegal, why did they do it? There are likely a number of reasons:
- To avoid the filibuster, which would give Democrats a chance to stand up for clean air, and which is not allowed for CRA actions (at least, within the 60 day window… which we are outside of, so that’s another way republicans are acting illegally).
- To avoid having to amend or repeal the Clean Air Act, which would likely raise more eyebrows from the few republican voters with any remaining rationality or self-interest. This action is harder to understand and therefore more likely to go under the radar.
- To show to their oil donors that they are aligned in their mission to harm life on earth.
- Likely as another meaningless entry into the republican culture war, where the party starts ridiculous fights over nothing in order to stop or distract from positive motion on changes that might help alleviate some of the plight republicans are constantly trying to force on Americans.
- Because they’ve packed the courts with enough partisan operatives who are willing to ignore the law that they think this has a chance of still going through.
California pledges response to protect clean air
California already announced that it will respond with legal action – but despite that republicans’ action here is illegal, the CRA also claims that it is not subject to judicial review, which is a violation of the checks and balances enshrined in the Constitution.
California could alternately seek to achieve the same goals through other measures that have no Congressional oversight, such as charging higher registration fees for gasoline-powered vehicles (something which many states, including California, already stupidly do against electric cars, at the behest of, once again, the oil industry – and yes, republicans want to do this federally, too).
To this end, it has already formed a coalition with 11 other states to expand clean cars in the face of these attacks.
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” after the House’s initial CRA vote. So, we hope that CARB will continue to act within the law, and ignore Congress’ violent action opposing clean air.
And California Governor Gavin Newsom reacted, stating “This Senate vote is illegal. Republicans went around their own parliamentarian to defy decades of precedent. We won’t stand by as Trump Republicans make America smoggy again — undoing work that goes back to the days of Richard Nixon and Ronald Reagan — all while ceding our economic future to China.“
Who even supports this? Polluters, of course
Meanwhile, doctors, nurses, scientists, environmental groups, many businesses, and the vast majority of people who have lungs generally support the strongest regulation possible.
More than 100 clean air groups sent a letter supporting the waiver in the face of republican attacks on your health… and another one led by the American Lung Association, and another one led by the Natural Resources Defense Council, and another one led by the Coalition for Sensible Safeguards. But who listens to those idiots when there’s oil donor money at stake?
A few of the usual suspects did step in to show their support for this attack. 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 these 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 final 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 those barriers haven’t worked, and they won’t work. The only thing that will work is getting more serious about EVs, and trying to stop EVs from flourishing ain’t it.
The dealer lobby, NADA, also reached out to us to let us know that they support this legislation that will kill Americans and cost them money. They apparently appreciate Congress’ attempt to reduce Americans’ choice to breathe clean air, and to force death and sickness upon them.
And, of course, the oil industry, responsible for untold death and destruction, has also arranged itself on the side of this illegal action to poison Americans and raise their fuel costs, alongside republicans in Congress. What a surprise.
We, at least, know what side we’re on.
Another thing republicans are trying to kill is the the rooftop solar credit, which means you could have only until the end of this year to install rooftop solar on your home before the cost of doing so goes up by an average of ~$10,000. So if you want to go solar, get started now, because these things take time and the system needs to be active before you file for the credit.
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Mark Kay’s iconic Pink Cadillac awards are driving into the future for 2025. The company’s first-ever electric Pink Cadillac OPTIQ made its debut during the Mary Kay annual Seminar in Charlotte this weekend, symbolizing a “recharged vision” for the future of the popular brand.
Pioneers in monetizing friendships female empowerment and entrepreneurship, the Pink Cadillac is considered one the most coveted symbols of achievement for Mary Kay sales reps, signifying not just great sales (GM Authority reported that it took ~$102,000 in annual sales to qualify back in 2001), but also leadership, a history of mentoring others, and a sustained reputation of excellence among their peers.
The women you see behind the wheel of the Pink Cadillac are the real deal, in other words, and the big Caddy really does mean something to people in the know.
The iconic pink Cadillac was born in 1968 when Mary Kay Ash purchased a Cadillac Coupe De Ville from a Dallas dealership and promptly had it painted to match the pale pink Mary Kay lip and eye palette. General Motors later named the color Mary Kay Pink Pearl, and the shade is exclusive to Mary Kay.
MARY KAY
Now, the Pink Cadillac is going to stand for environmental sustainability, too, enabling Mary Kay’s top performers to set yet another positive example for anyone aspiring to their success.
“For decades, the Mary Kay pink Cadillac has symbolized accomplishment, aspiration, and the power of recognition,” said Ryan Rogers, Chief Executive Officer of Mary Kay. “With the introduction of the all-electric OPTIQ, we’re honoring that iconic legacy while driving into a transformative future—one grounded in our commitment to sustainability and dedication to inspiring and celebrating the achievements of our independent sales force for generations to come.”
Mary Kay announced its new Pink Cadillac with this video, below.
Same Legacy, New Energy
“The legacy continues with the new, all-electric (and still very pink) Cadillac Otiq [sic],” reads the official Mary Kay copy on YouTube. “The Optiq remains instantly recognizable with the pink pearl exterior, while modernizing with sleek, cutting-edge features. In addition, this vehicle showcases our commitment and dedication to sustainability by reducing our carbon footprint while continuing to inspire.”
Speaking of inspiration, I can’t hardly hear the words “Pink Cadillac” without thinking of the song. But, since “Bruce Springsteen” has become something of a trigger word for the MAGA snowflakes in the audience, I’ll post a different, but similarly great song about rose-tinted GM flagships from Dope Lemon. You can let me know what you think of it in the comments.
As ever, the Cadillac is not a “gift,” per se – but typically takes the form of a two year lease paid for by Mary Kay. No word yet on what the exact shape and form the OPTIQ deal will take.
Electrek’s Take
Whatever you might think of MLMs or businesses like Amway, Avon, or Mary Kay, they play a big part in the social dramas of hundreds (if not thousands) of neighborhoods and online communities. The people at the top are influential, and the people “below” them genuinely try to emulate them and follow their lead.
Thanks to Mary Kay, that might soon mean a decision to buy an electric vehicle – and that result would be a win for everyone.
SOURCE | IMAGES: Mary Kay.
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RBW, a British handcrafted electric car manufacturer, brought its cute little Roadster out to Santa Monica and invited us up for a drive.
RBW has built cars in the UK for a few years now, but is about to set up US manufacturing in Virginia. Along with that comes a version of its Roadster modified for the US market, and we got a sneak peek with a short drive in Santa Monica.
The RBW Roadster is a small, hand-built, retro-style EV, meant as a modern take on British classics. But it’s not an actual classic itself – it’s a newly-built vehicle, with a new body, modern safety features, and even some electronics, like CarPlay and Android Auto (but not much else – there’s no huge, cockpit-defining screen, just a 9″ one, with retro gauges in front of the driver. But it does have a backup camera!).
Our drive was short, just a quick trip up and down the most trafficky part of Pacific Coast Highway in Santa Monica, without much chance to really stretch the vehicle’s legs. So we can’t verify range or tell you how it handles on the limits, but we can tell you about the basic controls and feel of the vehicle.
On a mostly smooth road, the car offered a comfortable ride dynamic. We didn’t get a sense of chassis noise because the top was down (which I surmised was an intentional effort by the company – I’ve used the same trick when showing off my car before).
The steering is tight and has a good weight to it, and the retro-style steering wheel felt great in my hands.
Of particular interest to me, as a long-time EV driver, is how the throttle pedal is tuned. Lots of EVs add some intentional delay or smoothing to throttle inputs, which ends up making the pedal feel mushy and indirect, reducing the control you have over the vehicle.
For reference, the cars I drive most often are the Tesla Roadster and Model 3, which both have excellent direct pedal feel.
And I’m happy to report that the RBW Roadster’s throttle pedal feels very similar to the cars I love to drive. The car feels quick, and responds exactly to what I want it to do, when I want it to do it. But it’s not excessively “punchy” like some of the more absurdly-powered EVs can be (like the Tesla Model S Plaid or the Macan Turbo S).
It does not, however, have off-throttle regenerative braking, aka one-pedal driving. Pressing the brake pedal engages regen, but letting off the throttle lets you simply coast. I personally prefer one-pedal driving, but one consideration RBW had is that since the car does not have traction control, regenerative braking on the rear axle (where the motor is) could potentially present a safety issue on slippery roads. So, fair enough I guess, but I still do prefer one pedal.
Speaking of pedals, the brake pedal was placed quite far from the accelerator. This is a plus and a minus – a minus because it’s quite different from most vehicles these days, where the pedals are placed closer, for ease of reaching them with your right foot. A plus because higher separation might reduce the chance of “crossing the pedals” and accidentally pressing both with the same foot in an emergency situation, and because it enables left-foot braking, which is generally better for performance driving… in the hands of a trained driver, anyway.
That said, this isn’t exactly a performance car. It’s fun, it’s responsive, but it’s not powerful. The version we tested had a 0-60 time of only around 9 seconds, so it didn’t give you the “throw your head back” feeling that so many EVs on the road these days do. It’s responsive, but not fast.
RBW says the American version will have more motor power than the UK version, but it’s still trying to figure out exactly how to tune it. This should bring 0-60 times down by about a second. But we can’t help but think that it would be nice with even a little more power than that, which we think should be possible given the car’s 50kWh battery and ~2,900lb weight, specs that are similar to my similarly-sized Tesla Roadster (as you can see below – along with the GT version of the RBW, on the right).
Here’s an issue: all the specs we were given seem extremely fluid. While talking to the company, I got several different numbers for any given specification. It seems to me like the company is still figuring out exactly what changes it will make for its US models.
This is somewhat to be expected of a small, hand-built manufacturer, especially since buyers can ask for certain modifications or personalizations (seat height, for example, which is important in a small car like this). But it does make it tough to write an article about it.
Nevertheless, the car drives well, and RBW seems to have gotten a lot right about the dynamics of the vehicle. It executes well on its goal – a fun, small British-style roadster, a great weekend car for those who have the means.
As for the means, the RBW Roadster will start in the $140-150k range, so it’s not cheap. But if you’re looking for something like this, it’s just about the only game in town, and it’s a good execution of the feel of a nimble roadster for weekend cruising.
RBW is currently taking $1,000 reservations for 2026 builds, and you can have a look at configurations (paint, roof, interior, wheels) over on its website.
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Canadian startup Beachman has just unveiled its latest electric two-wheeler, the ’64, a vintage-styled electric motorcycle that looks like it rolled straight out of the 1960s. With throwback café racer design and a respectable top speed of 45 mph (72 km/h), it’s a slick little ride with a curious twist: it calls itself an e-bike.
It’s not just a casual reference, but it’s baked into the name. The full model name on Beachman’s website is the ’64 E-Bike.
While I’d generally be inclined to give them the benefit of the doubt, since many motorcyclists refer to electric motorcycles as “e-bikes” and the term has a broad definition in colloquial usage, the company is obviously casting more in the “electric bicycle” end of the spectrum. They even say on their website that it is “rideable as either a Class II E-Bike or a Registered Moped (in most states).”
Despite lacking pedals entirely – and clearly designed more like a lightweight electric motorcycle – the Beachman ’64 comes with a selectable “E-Bike Mode” that limits it to 20 mph (32 km/h). The implication? That riders can use this obvious motorcycle in bike lanes like a Class 2 e-bike. Legally speaking, that’s a stretch, to put it mildly. In fact, I’m not currently aware of any state where that’s explicitly legal, though it could probably pass in many states due to the current state of enforcement we usually see.
According to Beachman, the ’64 has three ride modes:
- E-Bike Mode: 20 mph (32 km/h) top speed, which the company says is “perfect for bike lanes.”
- Moped Mode: 30 mph (48 km/h) top speed, which does match legal definitions for mopeds in some jurisdictions, even without pedals.
- Off-Road Mode: 45 mph (72 km/h) top speed, no pretense – just a motorcycle.
In practice, I don’t think it’s a stretch of the imagination to assume that most riders will likely keep it in Off-Road Mode, where the bike delivers its full 3,000W performance and offers the most fun. And specced with decently large batteries, it could actually do some modest commuting, even at higher speeds. The ’64 comes with a removable 2.88 kWh battery (or optional 3.6 kWh upgrade), and range is estimated at 55–70 miles, depending on configuration. It charges to 80% in three hours and even features regenerative braking.
The company leans heavily on its “timeless design” messaging, and to their credit, the ’64 nails the aesthetic. It looks great. The frame, tank, and seat all channel classic motorcycle vibes while skipping the modern digital overload – no apps or touchscreens here. Just a clean, simple throttle and some retro charm.
But for all the cool factor, the classification confusion raises eyebrows. Calling a 45 mph, pedal-less motorcycle an “e-bike” in any meaningful legal sense is a misfire. Some states allow low-speed mopeds in bike lanes, but others draw the line at motorized vehicles without pedals. The ’64 might get away with it in limited cases, but most jurisdictions will (rightfully) require it to be registered and insured as a motor vehicle. And it’s unclear if explaining to the officer, “But I had it in 20 mph mode…” will help much on the side of the road.
Still, Beachman is aiming at a particular rider who wants motorcycle style and speed without all the baggage. With a starting price of $4,800, the ’64 could be an appealing step-up for e-bike riders looking to graduate into something faster without committing to a full-sized gas bike.
Just don’t expect to blend in on the bike path.
Electrek’s Take
Look: The bike looks fantastic and probably rides well, but come on, it’s a 230 lb (105 kg) motorcycle.
Let’s stop calling every throttle-only EV an e-bike just because it’s got two wheels, a battery, and a button that neuters it to 20 mph. This has gotten silly. You built a great-looking bike. But it’s a bike in the way a motorcycle rider refers to his “bike.” It’s not a bicycle, and it’s not a bike lane vehicle any more than a Sur Ron is. At least not if you respect your fellow two-wheel riders around you.
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