House Oversight Committee announce review of California EV mandate under Congressional Review Act

House Committee on Oversight and Government Reform Chair James Comer, R-Ky., and Rep. Brett Guthrie, R-Ky., announced Tuesday a review of the Government Accountability Office’s (GAO) decision to publish observations on the Environmental Protection Agency’s submission of California’s Clean Air Act waiver as rules under the Congressional Review Act (CRA). 

In a letter to GAO Comptroller General Gene Dodaro, Comer and Guthrie raise concerns about GAO’s decision, noting that it is inconsistent with the office's own plain language description of its role and it undermines congressional authority. To ensure GAO adheres to its nonpartisan mission, the letter requests documents and information pertaining to GAO’s observations.

“In passing the CRA, Congress intended for GAO to help safeguard congressional authority through published observations on agency attempts to side-step CRA requirements. GAO’s decision to adversely opine on an agency’s efforts to comply with the CRA is a distortion of its role and could make agencies less likely to follow the intent of this important statute in the future,” the letter states. 

The Congressional Review Act allows Congress to block certain finalized federal regulations. The waiver, which the EPA granted in the final weeks of the Biden administration, allowed California to ban gas cars. 

Critics say it’s an important component of what’s been called Biden’s EV mandate. Because 17 states and the District of Columbia have adopted California’s regulations, and because manufacturers understand that California is the largest market for new cars by far, California’s ban will likely extend to all other states, experts say.