WASHINGTON — The U.S. Senate is preparing to vote this week on whether to block California’s landmark plan to phase out the sale of gasoline-only vehicles by 2035, a policy that has already been adopted by 11 other states. Senate Majority Leader John Thune announced the vote on May 20, underscoring a growing national debate about the future of electric vehicles in America.
The move comes after the House of Representatives passed a bill on May 1 to revoke a key Environmental Protection Agency (EPA) waiver granted to California by the Biden administration in December. This waiver gave California the authority to require that at least 80 percent of new cars sold by 2035 be electric vehicles. Automakers have pressed lawmakers to act, arguing that the rules are unrealistic given the current market and infrastructure. California officials, however, argue that these regulations are critical to reducing pollution, and contend that the Congressional action is unlawful.
According to Thune, California’s size and influence – and the decision of other states to follow its lead – effectively turns the policy into a de facto national mandate. “Automakers around the country would be forced to close down a significant part of their traditional vehicle production with serious consequences,” Thune warned.
The Alliance for Automotive Innovation, representing major carmakers, has said that companies could be forced to reduce the number of vehicles they sell in order to meet the required proportion of electric vehicle sales. California’s regulations have been adopted by major states such as New York, Massachusetts, and Oregon, now covering nearly 40 percent of the U.S. car market. Some states, including Vermont and Maryland, have delayed their compliance due to feasibility concerns.
The House has also moved to reverse the EPA’s approval of California’s plans for zero-emission heavy-duty trucks, adding another layer to the legal and political battle.
Democrats have criticized the Senate’s actions, arguing that the waivers cannot legally be overturned by a simple majority under the Congressional Review Act. Both the Government Accountability Office and the Senate parliamentarian have stated that such a repeal is not allowed, making this vote historically rare and potentially controversial.
California’s clean car rules require that 35 percent of new light-duty vehicles sold in the 2026 model year be zero-emission, a target automakers say is impossible to reach under current market conditions, with EV sales still hovering at or below 10 percent in some states. By 2030, the target jumps to 68 percent.
Meanwhile, the U.S. Department of Transportation is working to scale back aggressive fuel economy rules adopted during the Biden administration, arguing that the government overstepped its authority by considering electric vehicles in those regulations.
The coming Senate vote is poised to reignite the national debate about states’ rights, the feasibility of rapid EV adoption, and the best path forward for America’s auto industry.
