Congressman Brett Guthrie, Chairman of the House Committee on Energy and Commerce, along with Congressman Gary Palmer, Chairman of the Subcommittee on Environment, and John Joyce, M.D., Chairman of the Subcommittee on Oversight and Investigations, have sent a letter to the California Air Resources Board (CARB) seeking information about California’s continued implementation of electric vehicle (EV) regulations.
Chairman Guthrie stated, “The law is clear California must put an end to its de-facto EV mandate. Enforcing a ban on the sale of gas-powered vehicles would have dire consequences for American families and businesses. Forcing Americans to buy these vehicles would strain our electric grid, raise costs, and increase our reliance on China. Our investigation will look into whether California is continuing to enforce an EV mandate in violation of federal law.”
The letter raises concerns that CARB may be enforcing vehicle emission regulations that have been preempted by federal law. According to the letter: “The Committee is concerned about reports that California, and other jurisdictions who have adopted California standards for which waivers of preemption have been granted, are enforcing preempted vehicle emission regulations in violation of the Clean Air Act.”
It further notes: “The Committee has been made aware that CARB staff is denying auto manufacturers approval to bring vehicles to market unless the manufacturers agree to comply with the preempted regulations.”
Recent legislative developments are central to this inquiry. On June 12, 2025, President Trump signed three Congressional Review Act resolutions—H.J. Res. 87, H.J. Res. 88, and H.J. Res 89—which revoked waivers previously granted under the Clean Air Act that allowed California to set its own vehicle emission standards. These measures passed Congress with bipartisan support.
Under current law, states are not permitted to issue their own emission standards unless they receive a waiver from the Environmental Protection Agency (EPA). With these waivers now disapproved by Congress under the CRA process, state-level mandates like those implemented by California’s Advanced Clean Cars II and Advanced Clean Trucks programs no longer have legal standing.
Despite these actions by Congress and the President, committee staff report that California continues to require automakers to meet these now-preempted standards as a condition for certifying new vehicles for sale in the state.
The committee’s investigation seeks clarification from CARB regarding these ongoing practices.
