The U.S. Senate stirred political controversy Thursday after overturning California’s electric vehicle sales mandate in a 51–44 vote.

California Gov. Gavin Newsom denounced the decision, pledging legal action against what he contends is an improper use of federal authority to block the state’s clean vehicle regulations, as Breitbart reports.

At the center of the dispute is a Clean Air Act waiver California received from the Environmental Protection Agency under the Biden administration last December. The waiver allows the state to set its own vehicle emissions standards and to advance a plan that phases out gas-powered car sales by 2035. Congress, citing the Congressional Review Act, voted to remove this waiver.

CRA wielded to successful effect

The Congressional Review Act, created in the 1990s, gives Congress the power to overrule recent federal regulations. It has been used infrequently but has gained renewed attention as a tool for political warfare. In this case, legislators applied it to invalidate California’s authority to impose strict emissions and electric vehicle sales requirements.

The House voted earlier in May in favor of removing the California waiver, with support from a bipartisan majority. Thursday’s Senate vote finalized the repeal effort led by Republican lawmakers. The 51–44 vote means the measure now heads to the president for his decision.

Newsom blasted the Senate’s vote, criticizing lawmakers for targeting a policy he said was crucial to environmental progress. “Make America Smoggy Again,” he said sarcastically after the decision was announced.

Newsom, Bonta vow legal fight

In a joint press release, Newsom and California Attorney General Rob Bonta declared their intent to challenge the repeal in court. They accuse Congress of acting beyond its legal authority by targeting a waiver that, according to them, has long-standing protections under federal law.

They argue the Clean Air Act waivers are not subject to repeal through the Congressional Review Act. The statement referenced prior interpretations from the Government Accountability Office and the Senate Parliamentarian, both of which have reportedly concluded that the CRA does not apply to such waivers.

Newsom further alleged that the Senate’s actions were unconstitutional, stating that Republicans were misusing the CRA to disrupt environmental advances. The California administration contends this move contradicts decades of legal precedent.

California EV targets under scrutiny

California’s EV policy has been hailed by environmental advocates but remains controversial among some lawmakers and members of the public. The plan seeks to eliminate the sale of new gasoline-powered vehicles by 2035, a goal that critics say lacks voter backing and practical readiness.

According to a report by NBC affiliate KCRA’s Ashley Zavala, the mandate did not go through a public ballot and thus lacks direct approval from California or U.S. voters. Meanwhile, the state’s current electric vehicle sales are reportedly falling short of the benchmarks outlined in the plan.

This underperformance has fueled opponents of the policy to question its feasibility and economic impact. Skeptics argue that the infrastructure and consumer adoption rates do not yet support such an aggressive shift away from combustion engines.

Federal-state environmental tensions reignite

This is not the first time California’s environmental authority has clashed with federal interests. The state has a history of setting stricter emissions rules than the national standard, with federal waivers granted in recognition of California’s air quality challenges.

In 2019, under the Trump administration, a similar waiver was revoked. That decision was later reversed by the Biden administration, which reinstated California’s authority last year. The current legal battle may again set the stage for the Supreme Court to weigh in on the scope of state vs. federal regulatory power.

As the issue moves toward legal resolution, the stakes are high not only for California but for other states that follow its emissions guidelines. A total of 17 states have adopted some variation of California’s clean vehicle rules, meaning the outcome of this repeal could carry national implications.

Next steps awaited

With Congress having acted, all eyes turn now to the White House, where there seems to be little chance that President Donald Trump would veto the legislative repeal.

As such, environmentalists are likely prepared to suffer a major setback in their goals for California and other states aligned with its standards.

As Newsom prepares for what he promises will be an aggressive legal fight, supporters and opponents alike await the federal government’s next move. The outcome could reshape the balance of power between state environmental leadership and congressional oversight for years to come.