Congress, Not the GAO, Gets to Decide on the California Waiver

WASHINGTON DC (3/7/25) – President Trump has vowed to end the Biden administration’s electric vehicle mandate, which is driven by three key regulatory actions: the EPA’s tailpipe emissions standards, the CAFE standards, and California’s Advanced Clean Cars II (ACC II) regulation. The ACC II regulation, which was granted a waiver from Clean Air Act preemption during Biden’s lame duck period, is crucial, as it allows California to enforce stricter rules that influence other states. This creates a de facto EV mandate, with federal agencies relying on California’s program to justify their own regulations. 

On Thursday, the Government Accountability Office (GAO) released a memo about overturning California’s Clean Air Act waiver under the Congressional Review Act (CRA). Some media outlets misreported the memo as blocking Congress from voting to disapprove of the waiver. This misinterprets both the CRA and the role of the GAO.

The CRA grants Congress, not GAO, the power to approve or disapprove agency actions once submitted for review. GAO’s role is purely advisory and does not affect Congress’s authority to act. The California waiver, which includes a ban on internal combustion engine vehicles, was a clear overreach by the Biden administration. The law is clear – Congress gets to decide whether to validate or overturn the rule. The CRA offers Congress the opportunity to reassert control over regulatory policy and prevent this overreach from disrupting the market.

Tom Pyle, President of the American Energy Alliance, issued the following statement:

“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. The GAO’s role is purely advisory, with no legal authority to block Congress from exercising its constitutional duty. The California waiver, which seeks to impose a nationwide electric vehicle mandate, is a prime example of why the CRA exists: to ensure that Congress retains control over regulatory actions that significantly affect the American public. It is time for Congress to step in and put a stop to California’s electric vehicle mandate. Doing so will protect consumer choice and prevent unelected agencies from dictating the future of American transportation.”

AEA Experts Available For Interview On This Topic:

• Tom J. Pyle, President
• Kenny Stein, Vice President of Policy
• Alex Stevens, Manager of Policy and Communications

Additional Background Resources From AEA:

• Congress Has the Authority to Review EPA “Waivers” of Clean Air Act Preemption – Yale Regulatory Review
• Congress, Not the GAO, Gets to Decide on the California Waiver
• Ending Biden’s EV Mandate Requires Ending California’s Waiver

For media inquiries please contact: 

[email protected]