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clean air act
GOP 'Backdoor Nuclear Option' on Filibuster Spells More Harm for American People, Critics Warn
The CRA allows lawmakers to review and—with the support of a simple majority in both chambers of Congress—overturn federal rules within a limited timeframe. CRA resolutions of disapproval are not subject to the Senate's 60-vote filibuster, a relic of the Jim Crow era that Republicans have selectively defended or scrapped depending on whether they're in the majority.
Republicans want to use the filibuster-proof CRA to block California's Clean Air Act waivers, but the Senate parliamentarian—the chamber's unelected arbiter of Senate rules and procedures—has said the waivers don't qualify as rules subject to the CRA.
Defying the parliamentarian—something Republicans have already done as they craft their bill to slash safety net programs and taxes for the rich—to undo the waivers would effectively gut the filibuster, opponents of the GOP plan warned. Earlier this month, the Republican-controlled House voted to revoke the California waivers using the CRA.
"Anti-democratic and authoritarian measures, corporate giveaways, and rights infringements that could never become law if normal Senate rules were followed—legislation making it harder to vote, repealing core environmental standards, stripping abortion rights, and more—might suddenly become law," Gilbert warned Thursday. "A backdoor nuclear option sets an atrocious precedent and must not be allowed. Critical checks hang in the balance."
"Think about how the Trump administration might abuse this."
Sen. Sheldon Whitehouse (D-R.I.), the top Democrat on the Senate Environment and Public Works Committee, echoed those concerns, saying in a floor speech Thursday that "the import of overruling the parliamentarian extends far beyond CRA resolutions."
"Think about how the Trump administration might abuse this," said Whitehouse. "Everyone knows by now that President Trump has a beef with a whole host of media outlets, some of which are licensed by the Federal Communications Commission. What's to stop the FCC from submitting CBS' license as a 'rule' and members from introducing a disapproval resolution? Is this really the path we want to go down?"
In a floor speech of his own, Sen. Alex Padilla (D-Calif.) directly quoted Senate Majority Leader John Thune's (R-S.D.) warning earlier this year against overruling the parliamentarian.
"That's totally akin to killing the filibuster. We can't go there," Thune said in January. "People need to understand that."
Sen. Alex Padilla (D-Calif.) delivers a speech on the Senate floor on May 8, 2025. (Photo: Sen. Alex Padilla)
Earlier this week, Thune said his caucus is "still looking at" voting on a CRA resolution to revoke the California waivers. Senate Majority Whip John Barrasso (R-Wyo.) told Axios last week that the upper chamber would "absolutely" take up the House-passed CRA resolution.
Gilbert of Public Citizen said Thursday that "this backdoor nuclear option would not only make the Senate more like the House—it would make the Senate more like the chaotic, make-it-up-as-you-go White House."
"That's the last thing the country needs right now," she added.
Vermont Sued for New Law Requiring Big Oil to Pay for Climate Damage
Vermont’s Attorney General’s Office said as of Friday, Jan. 3, they had not been served with the lawsuit.
The lawsuit argues that the U.S. Constitution precludes the act and that the federal Clean Air Act preempts state law. It also claims that the law violates domestic and foreign commerce clauses by discriminating “against the important interest of other states by targeting large energy companies located outside of Vermont.”
The Chamber and the American Petroleum Institute argue that the federal government is already addressing climate change. Because greenhouse gases come from billions of individual sources, they claim it has been impossible to measure “accurately and fairly” the impact of emissions from a particular entity in a specific location over decades.
“For too long, giant fossil fuel companies have knowingly lit the match of climate disruption without being required to do a thing to put out the fire,” Paul Burns, executive director of the Vermont Public Interest Research Group, said in a statement. “Finally, maybe for the first time anywhere, Vermont is going to hold the companies most responsible for climate-driven floods, fires and heat waves financially accountable for a fair share of the damages they’ve caused.”
The complaint is an essential legal test as more states consider holding fossil fuels liable for expensive global warming-intensified events like floods, fires, and more. Maryland and Massachusetts are among the states expected to pursue similar legislation, modeled after the federal law known as Superfund, in 2025.
New York Gov. Kathy Hochul (D) signed a similar climate bill into law - the Climate Change Superfund Act- on Dec. 26, pointing to the need to fund climate adaptation projects.
Downtown Montpelier, Vermont was under water on Monday, July 10, 2023 caused by the flooding of the Winooski River.
(Photo: John Tully for The Washington Post via Getty Images)
Heavy Rains Cause Catastrophic Flooding In Southern Vermont
(Photo by Scott Eisen/Getty Images)
Flooding is seen in downtown Montpelier, Vermont
(Photo: John Tully for The Washington Post via Getty Images)
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