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"There is no reason politicians in Washington should be stepping in at this late date to try and undercut states' protections for their residents," said one climate advocate.
U.S. President Donald Trump on Thursday signed multiple Congressional Review Act resolutions that target California's efforts to adopt electric vehicles statewide and phase out gas-powered cars, in a move that one climate campaigner called "Trump's latest betrayal of democracy."
Trump reversed a U.S. Environmental Protection Agency waiver granted to California during the waning days of the Biden administration that allowed the state to enforce tougher vehicle pollution standards. That decision allowed California to require that gasoline-powered cars be phased out, and implement a ban on the sale of new gasoline-powered cars completely in 2035.
The other resolutions signed by Trump revoked waivers for a policy that required half of all new trucks sold in California be electric by 2035, and overturned a policy that placed limits on "allowable emissions of nitrogen oxide from cars and trucks," according to The New York Times.
Congress, which is Republican-controlled, passed a measure in May that paved the way for Thursday's signing. At the time, the Senate parliamentarian, the unelected arbiter of the chamber's procedures, said that the EPA waivers did not qualify as federal rules for the purpose of the Congressional Review Act (CRA). The Government Accountability Office has also said they aren't subject to the law.
The CRA gives lawmakers a limited window to overturn federal rules, and resolutions brought under the law are not subject to the Senate filibuster.
Green groups sharply condemned Trump's signing of the resolutions.
"Signing this bill is a flagrant abuse of the law to reward Big Oil and Big Auto corporations at the expense of everyday people's health and their wallets," said Dan Becker, director of the Center for Biological Diversity's Safe Climate Transport Campaign, on Thursday.
Simon Mui, managing director for transportation at the Natural Resources Defense Council, said Thursday that "California's vehicle standards reduce costs for drivers, increase customer choice, boost domestic manufacturing, improve air quality, and help address the climate crisis."
"There is no reason politicians in Washington should be stepping in at this late date to try and undercut states' protections for their residents," Mui continued. "The oil industry may be celebrating today, but the rest of us are going to continue to keep fighting for cleaner air, lower energy bills, and a safer climate."
Katherine García, director of the Sierra Club's Clean Transportation for All campaign, said on Thursday that "instead of investing in electric vehicle manufacturing here in the U.S. and leading us towards a healthier future, the administration is dead set on pushing us backwards and ceding EV innovation and leadership to China."
Shortly after Trump signed the resolutions, California officials announced they had filed a lawsuit over the move. A statement from Democratic California Gov. Gavin Newsom's office called the resolutions "illegal."
"The president's reckless, politically motivated, and illegal attacks on California continue, this time with his attempt to trample on our longstanding authority to maintain more stringent clean vehicle standards," said California Attorney General Bonta in a statement Thursday announcing the legal challenge. "The president is busy playing partisan games with lives on the line and yanking away good jobs that would bolster the economy—ignoring that these actions have life or death consequences for California communities breathing dirty, toxic air."
California also recently filed a legal challenge over Trump's decision to order the deployment of National Guard members and Marine troops to Los Angeles in response to protests that sprang up in response to federal immigration raids.
The House budget is the Make America Immobile Act. Trump is doing his best to freeze things in place: on behalf of oil companies that want to keep pumping oil, on behalf of automakers that want to keep churning out SUVs.
Credit where due: I am ever impressed by the feral energy of U.S. President Donald Trump and his crew, who are able to do an extraordinary amount of damage every single damned day. And somehow their energetic cruelty seems to drain my own reserves: I want to stay in bed. But we fight as best we can, and so here’s my assessment of one dire day, and more importantly what we still might be able to do about it.
It began, early Thursday morning, with House passage of the budget bill, which somehow managed to get even worse in the wee hours. Among other things, a single sentence was amended in such a way as to potentially kill off most of the rooftop solar industry in the U.S. As Heatmap’s Matthew Zeitlin explains:
While the earlier language from the Ways and Means committee eliminated the 25D tax credit for those who purchased home solar systems after the end of this year (it was originally supposed to run through 2034), the new language says that no credit “shall be allowed under this section for any investment during the taxable year” (emphasis mine) if the entity claiming the tax credit “rents or leases such property to a third party during such taxable year” and “the lessee would qualify for a credit under section 25D with respect to such property if the lessee owned such property.”
That arcane piece of language was enough to knock 37% off the share price of SunRun today, the biggest rooftop installer in the country. And it was only a cherry on the top of this toxic sundae, which would essentially repeal all of the Inflation Reduction Act (IRA). Nuclear power gets a little bit of a reprieve, and of course ethanol (Earth’s dumbest energy source) does great. But it’s a wipeout far greater than anyone expected even a few weeks ago. Here’s how Princeton’s Jesse Jenkins and his team at REPEAT (Rapid Energy Policy Evaluation and Toolkit) sum it up:
In the midst of all this, the Senate—ignoring its parliamentarian—bowed to the wishes of the auto industry and told California (and the 11 states that had followed it) that it couldn’t demand the phaseout of internal combustion vehicles by the middle of the next decade. (This is among other things federalism in reverse).
“Attacking these waivers will devastate our ability to advance the use of electric vehicles in the state,” California Attorney General Rob Bonta said in a press conference after the vote, flanked by California Gov. Gavin Newsom and other officials. “We won’t let it happen, not when we’re facing an air pollution and climate crisis that’s getting worse by the day.”
The 1970 Clean Air Act permits California to receive waivers from the Environmental Protection Agency that enable the state to enact clean air regulations that go further than federal limits.
Oh, and then at day’s end the Department of Homeland Security told Harvard that 27% of its student body couldn’t study there beginning in the fall because they came from foreign countries.
If you add it up, this is all an effort to keep America precisely where it is now. It’s the Make America Immobile Act. Trump is doing his best to freeze things in place: on behalf of oil companies that want to keep pumping oil, on behalf of automakers that want to keep churning out SUVs. That depends, among other things, on shutting down research at universities, because they keep coming up with things that point us in a different direction, be it temperature readings demonstrating climate change or new batteries that enable entirely different technologies. If America lived alone on this planet that would be truly terrible; luckily for everyone else, there are other places (China, and the E.U.) that are not making the same set of stupid decisions. But if this stands it will kill the future for America.
It will also, of course, kill the present. I’m not bothering to talk about the deep cruelty of the Medicaid cuts (and the fact that they will destroy America’s rural hospital system). There’s also the not-small matter of the intense attacks on transgender people the bill contains. And I won’t bother gassing on about the utter grossness of handing over yet more money to the richest among us. (The top 0.1% of earners gain $390,000 a year on average, while Americans making less than $17,000 lose on average about $1,000. This is, among other things, Christianity in reverse).
So, our job is to do what we can to make it… less worse. The U.S. Senate still has to pass its own version of the bill. Given the GOP majority, they’ll pass something very bad. Perhaps, at Trump’s urging, they’ll rush it through in the next 24 hours; more likely it will take a little longer. We need to put as much pressure as we can on that process, in order to take out the most egregious parts of the bill. Here’s what Third Act sent out on Thursday, and here’s the link we want you to use to register your opposition with Senators. It comes from our very able partners at Solar United Neighbors, who have done as much as anyone in America to help people build clean energy. Fill it out so you can get a call script and the numbers to use. Again, here’s the link. If you want a little inspiration, check out Will Wiseman’s video of rural Americans talking about one particular part of the IRA that’s helping change their lives.
I’m not going to bother pretending that this is guaranteed to work. The bad guys here are riding hard and fast, and they’re trying to shock and cow us into submission. But—don’t go easy. If they can summon the feral energy to wreck the country, we can summon the humane energy to try and save it.
"These bipartisan investments need to start flowing immediately," the top Democrat on the Senate Appropriations Committee said of the GAO finding as a lawsuit over the funding got a boost from green groups.
Key congressional Democrats on Thursday welcomed a government watchdog's finding that the Trump administration unlawfully withheld appropriated funds for building electric vehicle charging infrastructure across the United States‚ a decision that came as advocacy groups joined a related lawsuit filed by state attorneys general.
Shortly after returning to office in January, President Donald Trump issued an executive order directing agencies to pause disbursement of funds appropriated under the Inflation Reduction Act and the bipartisan Infrastructure Investment and Jobs Act, specifically mentioning the National Electric Vehicle Infrastructure (NEVI) Formula Program.
In response, the U.S. Department of Transportation (DOT) and one of its agencies, the Federal Highway Administration, in February canceled previously issued guidance for the NEVI program and suspended plans that states had submitted for grant money—which led to calls for Congress to stand up to the administration's "illegal attempts to halt legally mandated funding."
The Government Accountability Office (GAO) said in its Thursday decision that the department violated the Impoundment Control Act: "DOT is not authorized to withhold these funds from expenditure and DOT must continue to carry out the statutory requirements of the program. While DOT cannot withhold these funds under the ICA, DOT could propose funds for rescission or otherwise propose legislation to make changes to the NEVI Formula Program for consideration by Congress."
"The Trump administration didn't just break the law—it shortchanged the American people."
Politicoreported that "the GAO could issue similar rulings in the coming months, as the independent, nonpartisan watchdog agency works through at least 39 investigations into whether the Trump administration violated the Impoundment Control Act. GAO rulings are nonbinding but could influence Congress' response to... Trump's freezing of billions of dollars lawmakers intended to flow to specific programs and projects, as well as the many ongoing lawsuits challenging the president's tactics."
In a Thursday statement about the GAO findings, U.S. Senate Appropriations Committee Vice Chair Patty Murray (D-Wash.) said, "This legal decision affirms what we've long known: The president is breaking the law to block funding Congress passed on a bipartisan basis and that is owed to the American people—simply because he disagrees with it. This plain fact is unacceptable—and it cannot stand any longer."
"Congress passed the Bipartisan Infrastructure Law by wide margins and specifically provided funding for every state to build out a network of chargers for the electric vehicles that families are increasingly turning to and that are being made right here in America, she continued. "These investments should be getting out the door—creating new jobs and helping Americans get where they need to go without interruption—but President Trump has illegally choked this funding off."
"These bipartisan investments need to start flowing immediately—as do the hundreds of billions of dollars in other investments President Trump is holding up," she added, taking aim at his Office of Management and Budget (OMB) director. "I don't care about Russ Vought's personal interpretation of our spending laws; the Constitution is clear, and President Trump simply does not have the power of the purse—Congress does."
House Budget Committee Ranking Member Brendan Boyle (D-Pa.) released a similar statement welcoming the GAO's new legal opinion that "the Trump administration broke the law when it blocked funding that Congress had already approved."
"That money was supposed to build and maintain a nationwide EV charging network—and with it, create good-paying jobs in communities across the country," he stressed. "Instead, the administration stalled economic growth, delayed critical infrastructure, and undermined job creation—all without a shred of legal authority."
"This wasn't just a legal violation. It was an economic setback for American workers, and a direct hit to the communities counting on these investments," Boyle added. "The Trump administration didn't just break the law—it shortchanged the American people."
According to Politico, while the DOT could not be reached for comment, an OMB spokesperson called GAO's opinion "wrong" and said the department is "appropriately using the authority granted to it by statute to review state plans."
Standing up for cleaner vehicles and clean air. @sierraclub.org @climatesolutions.org @earthjustice.org and allies sue Trump Admin for illegally impounding funds that Congress appropriated for EV charging. www.sierraclub.org/press-releas...
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— Ross Macfarlane (@rossmacfarlane.bsky.social) May 22, 2025 at 3:53 PM
The attorneys general of 16 states and the District of Columbia disagree, and have filed a lawsuit in the U.S. District Court for the Western District of Washington. The Sierra Club, CleanAIRE N.C., Climate Solutions, Earthjustice, Natural Resources Defense Council, Plug In America, the Southern Alliance for Clean Energy, the Southern Environmental Law Center, and the West End Revitalization Association joined that legal challenge on Thursday.
"Donald Trump is trying to cut jobs, increase pollution, and endanger our health. We refuse to let him," said Sierra Club executive director Ben Jealous in a statement. "NEVI benefits everyone, whether you drive an EV or not, and the only people who benefit from blocking it are Big Oil and auto executives seeking to keep us hooked on fossil fuel-powered cars, while communities in every corner of the country lose out on infrastructure investments in our growing clean energy economy."
"The NEVI program is working and states are legally entitled to the money allocated to them by Congress," Jealous added. "Once again, we are taking the Trump administration to court over its reckless and illegal actions."