US Agency Says Congress Can’t Repeal California’s 2035 ZEV Mandate

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Last Updated on: 8th March 2025, 01:52 am

Under the Clean Air Act, the US Environmental Protection Agency (EPA) has historically granted California waivers to set stricter air pollution regulations on vehicles, power plants, and industry within its borders. That deal was reached decades ago so that California wouldn’t be dragged down by more lax federal regulations. Donald Trump thinks he is king — or should be king — and tried to rescind these waivers during his last administration, and vowed to do so again this time around. However, US agencies are saying that California’s right to set its own rules is locked in.

“The Government Accountability Office said on Thursday the Biden administration’s approval of California’s landmark plan to end the sale of gasoline-only vehicles by 2035 is not subject to review and potential repeal by Congress,” Reuters reports.

“Last month, the U.S. Environmental Protection Agency under President Donald Trump sent the approval to Congress saying it was properly considered a rule under the Congressional Review Act. The GAO said the decision should be considered an order and is not reviewable.”

So, that fight is over, right? Well, one can hope and dream, but, again, it looks like California is going to win this battle — because that’s the law.

Importantly, 11 other states have adopted California’s rules, so this goes well beyond already gigantic California. Beyond the 100% zero-emissions vehicle (ZEV) mandate by 2035, California’s regulations mandate 35% of new vehicle sales be ZEV sales by 2026, and 68% by 2030.