Senate Republicans blast the Government Accountability Office for transforming from an impartial watchdog into a partisan player in their fight to stop California’s radical emissions regulations that would force Americans to buy electric vehicles.
Key Takeaways
- Senate Republicans successfully voted 51-44 to overturn California’s vehicle emissions standards using the Congressional Review Act, directly challenging GAO guidance
- GOP leaders accuse the Government Accountability Office of overstepping its authority and displaying partisan bias in attempting to shield California’s EV mandate from congressional oversight
- The revoked regulations would have allowed California to force the phase-out of gas-powered vehicles by 2035, potentially creating a de-facto national EV mandate
- Senate Majority Leader John Thune declared the GAO has “no veto power over the Senate” and proceeded with the vote despite the agency’s objections
Watchdog Agency Under Fire for Political Bias
Senate Republicans have launched a direct challenge against the Government Accountability Office, accusing the supposedly nonpartisan agency of undermining congressional authority and displaying political bias in the battle over California’s strict emissions regulations. The controversy centres on the GOP’s successful effort to overturn California’s vehicle emissions standards using the Congressional Review Act (CRA), a tool designed to allow Congress to reject federal regulations. The GAO had controversially claimed that California’s emissions waiver, approved by the Biden administration, didn’t qualify for congressional review.
Senate Majority Leader John Thune led the charge against what Republicans view as GAO overreach, successfully securing a 51-44 vote along party lines to overturn the California waivers, with Democratic Senator Elissa Slotkin breaking ranks to join Republicans. The emissions standards would have allowed California to implement a radical plan to phase out gas-powered vehicles by 2035 and impose stricter regulations on medium and heavy-duty vehicles, creating what critics say would be a de-facto national EV mandate affecting consumers across the country.
“Under the Congressional Review Act, that makes them subject to review. Period. End of story. The GAO has no veto power over the Senate. Not from the Congressional Review Act. Not under the Senate Rules. Not under Senate precedent,” said Senate Majority Whip John Barrasso (R-Wyo.)
Constitutional Showdown Over Regulatory Authority
The conflict represents a significant constitutional battle over who determines the scope of congressional authority. The GAO, established in 1921 as a nonpartisan agency to audit federal government activities, took the unprecedented position that California’s emissions waiver was exempt from the Congressional Review Act, effectively attempting to shield the Biden administration’s environmental agenda from congressional scrutiny. Republicans viewed this move as a dangerous expansion of executive power that undercut the legislative branch’s role in providing checks and balances.
Senate Republicans employed a procedural manoeuvre to bypass the typical 60-vote threshold required for most Senate business, sparking accusations from Democrats that they were using the “nuclear option” to achieve their goals. Senate Majority Whip John Barrasso forcefully rejected this characterization, insisting the move was consistent with the Congressional Review Act’s provisions and did not constitute a change to Senate rules or precedent. The Republicans’ success in this vote signals their determination to rein in what they view as regulatory overreach.
“The question before the body is, is the GAO going to decide this or not?” said Senate Majority Leader John Thune (R-S.D.)
California Democrats Prepare Legal Challenge
California Democrats, led by Governor Gavin Newsom and Attorney General Rob Bonta, have vowed to sue the federal government over the Senate’s vote. The state has historically received more than 100 waivers under the Clean Air Act, allowing it to implement stricter vehicle emissions standards than federal regulations require. The auto industry, particularly the automotive aftermarket sector, has expressed support for revoking the waivers, citing potential economic benefits and consumer choice concerns associated with California’s aggressive EV mandate.
“The law is that the Clean Air Act says California can set its own standards if they are more stringent, more environmentally protective than whatever the federal government standard is,” said Mary Nichols, who was the California Air Resources Board chairwoman from 1975-1982 and then from 2007-2020.
This battle over California’s emissions regulations follows earlier disputes about the GAO’s independence, including controversy during the Trump administration when the agency claimed President Trump’s withholding of Ukraine funding violated the law—a determination that Republicans viewed as politically motivated. The current conflict highlights ongoing tensions about the proper role of oversight agencies and whether they have become tools for advancing partisan agendas rather than serving as objective arbiters of government compliance with established laws and procedures.
