On Thursday, the U.S. House of Representatives voted to block the state of California from banning the sale of new gas-powered cars in 2035. The question now moves to the Senate. Analysts believe it may not pass there because of questions about whether the House’s move is legal.
How the Ban Works
California was the first of 12 states to make the move in 2022. The rule wouldn’t take gas-powered cars off the streets, ban the sale of used gas-powered cars, or prevent California residents from buying them out of state and titling them at home.
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But it would require dealers to sell an increasing percentage of electric vehicles (EVs) and plug-in hybrids (PHEVs) every year from 2027 until 2035, eventually reaching 100%.
California based its move on a provision of the 1970 Clean Air Act. That law created federal air pollution limits. But it allowed California — the state with the nation’s worst air pollution numbers at the time — to seek waivers from the Environmental Protection Agency (EPA), allowing it to set tougher standards.
The New York Times reports, “As of 2024, it had received more than 100 waivers.” Many were requests from the California Air Resources Board (CARB), a body created by former Gov. Ronald Reagan.
One such waiver, granted in 2024, allowed CARB to restrict sales of gas-powered cars.
Eleven other states have followed CARB’s lead by tying their own rules to California’s.
Related: Maryland Delays 2035 EV-Only Rule
Questions About the House’s Method
The move may die in the Senate. The New York Times explains, “The legality of the congressional action is in dispute. Two authorities, the Senate parliamentarian and the Government Accountability Office, have ruled that Congress cannot revoke the waivers.”
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Industry publication Automotive News explains, “The Congressional Review Act is designed to allow Congress to reject agency rules.” However, both authorities found that the waivers were not agency rules.
The Senate is not bound to follow either’s position, and President Trump would likely sign the bill if it reached his desk.
However, since both authorities found the move illegal, California would have strong grounds to ask the courts to overturn the law.
Despite that possibility, the Washington Post reports, “Groups representing automakers and oil refiners had lobbied lawmakers to rescind the waiver.” The largest auto industry trade group, the Alliance for Automotive Innovation, called the rule “unachievable” in a recent letter to lawmakers.
Fight May Not Matter Much
According to The New York Times, a recent analysis from Harvard University’s Salata Institute for Climate and Sustainability said that “Getting rid of the waivers is projected to affect EV market share by 2030 by less than 1%.”
Economist Elaine Buckberg, who co-wrote the analysis, says, “Current estimates show EVs making up 48% of car sales by 2030.” If the federal government eliminated state-level restrictions on sales of gas-powered cars, ended the $7,500 EV tax credit program, and took away federal funding for new chargers, she says, “EV market share would still reach 32% by that time.”
EV sales globally now outstrip those in the U.S., incentivizing automakers to build more EVs to stay competitive even if U.S. policy changes. The U.S. represents a shrinking portion of the global auto market, now led by China.
America’s EV charging network continues to grow due to private funding, even without government funds. A recent government analysis found that public chargers could make up as little as 4% of all chargers in the long run.
And electric vehicles continue to win praise as fun and inventive cars – the last five winners of the World Car of the Year award have all been EVs.