Mullin, Capito, Fischer, Introduce Resolutions to Repeal California’s Extreme EV Mandate

Washington, D.C. – U.S. Senators Markwayne Mullin (R-OK), Shelley Moore Capito (R-WV), and Deb Fischer (R-NE) introduced joint resolutions of disapproval under the Congressional Review Act (CRA) to repeal California’s EV waivers that prohibit the sale of new gas-powered light-duty vehicles by 2035, and set unrealistic and stringent requirements for heavy-duty trucks and heavy-duty diesel engines.

Senator Mullin’s CRA, the ‘Omnibus’ Low NOx Regulation, overturns a Biden EPA approved waiver that allowed California to enforce overly burdensome Nitrogen Oxide (NOx) emission limits regulations for heavy-duty highway and off-road vehicles and engines. The regulation includes longer emission control system warranties, new cold start emission requirements, and extended durability requirements over a vehicles operational life. This waiver applies to model year 2024 and later on-road heavy-duty Otto-cycle and heavy-duty diesel engines used to operate Class 3-8 medium- and heavy-duty vehicles, including drayage trucks, buses (except transit buses), refuse trucks, and other commercial work vehicles. 

“This waiver imposes significant compliance costs estimated at upwards of $20,000 per truck making it more difficult for small fleets and independent operators to invest in new equipment. Moreover, this creates a competitive disadvantage for manufactures and fleets by forcing stricter standards to apply unequally across the country. We cannot allow California’s costly and extreme Green New Deal agenda to bankrupt families and eliminate consumer choice for hundreds of millions of American families. Thankfully, after four years of ineffective one-size-fits-all crippling bureaucracy, the Trump administration is bringing back common sense,” said Senator Mullin. “I’m grateful to my colleagues for partnering with me on this effort.”

“By sending these rules to Congress, Administrator Zeldin and the Trump administration followed the law and addressed the Biden administration’s attempt to circumvent Congress in this process. California’s extreme EV mandate imposes unrealistic and stringent requirements, fails to meet the Clean Air Act’s requirements for a waiver, forces the hand of American consumers, and makes our country more reliant on China for critical minerals. The American people have made it clear that they want consumer choice – not an EV mandate,” said Senator Capito. “I will continue to address all options available to strike down these rules and eliminate the consequential impact they would make across our country.”

“As we saw under the Biden administration, what happens in California doesn’t stay in California. Their emissions regulation will cripple the truck manufacturing industry nationwide, overloading companies and truckers with expensive, heavy-handed requirements. This inevitably leads to increased prices for families across the nation. My resolution will overturn the Biden administration’s waiver allowing the ACT regulation to take effect without congressional review,” said Senator Fischer.

The ‘Omnibus’ Low NOx Regulation is supported by the following groups: American Trucking Association, American Petroleum Institute, National Automobile Dealers Association.

Full text of the resolution can be found here.

Background:

  • In December 2024, EPA granted California’s “Omnibus” low-NOx regulation waiver for heavy-duty highway and off-road vehicles and engines.
  • In February 2025, EPA Administrator Zeldin sent over to Congress three of the Biden Administration’s rules granting waivers that allowed California to preempt federal car and truck standards approved by EPA and DOT’s National Highway Traffic Safety Administration. Zeldin’s decision to send over the rules are part of EPA’s “Powering the Great American Comeback” initiative to protect human health and the environment while restoring our economy.

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