California’s plan to ban gas-powered vehicle sales by 2035 is one of the boldest moves in the fight against consumers, aiming to make electric vehicles (EVs) the new standard. Over a dozen states follow California’s lead, influencing nearly half of U.S. car sales.
But this push faces fierce opposition from Republicans in Congress, EPAs Secretary Lee Zeldin, fuel industry giants, and even the Supreme Court, who argue it’s a costly overreach that limits consumer choice and threatens jobs. Congress soon will face a very important vote that will potentially change direction on this mandate.
This high-stakes debate is on Capitol Hill and could possibly go to the Supreme courts. Knowing the impacts, and what it means for all drivers may surprise you. Let’s dive in.
How the heck did we get here? California wanted to crack down on smog: in the 1960’s it was so bad in Los Angeles, so thick it stung people's eyes and lungs. California created the Air Resources Board in 1967 to tackle air pollution, pushing regulations like catalytic converters that affected the whole country.
When Congress passed the Clean Air Act in 1970, it set federal emissions standards but gave California a unique carve-out to set stricter rules, for its pollution issues. Other states could adopt California’s standards but not create their own.
This is unconstitutional, but it has stood for decades. This move shaped U.S. environmental policy for over 50 years, with California pushing for hybrids and electric vehicles. Today, 17 states, including New York and Massachusetts, follow California’s rules, covering about 40% of the U.S. population.
But this influence is why critics, including the Trump administration, call it a de facto national mandate. One state cannot create the rule for the other 49 states. And no car company will build cars for one or a dozen states, the same product for the entire country is the result, and California gets to make the rules. Now I’m sure you are frustrated to hear this?
The House will soon vote on four Congressional Review Act (CRA) resolutions to block California’s emissions rules, which promote EVs and phase out gas vehicles. The CRA lets Congress overturn federal regulations with a simple majority, bypassing filibusters, and preventing agencies from issuing similar rules without approval. It’s been used only 20 times, but could be a game-changer here. Of course we will be watching every detail.
Here’s what the resolutions target:
- House Joint Resolution 87: Reverses an EPA waiver allowing California to mandate zero-emission trucks, which critics like the American Trucking Association say could raise shipping costs by 20%.
- Resolution 88: Aims to undo California’s Clean Air Act waiver, which bans gas vehicle sales by 2035. This waiver was revoked by Trump in 2019, and reinstated by Biden in 2022. It's central to California’s EV plan.
- Resolution 89: Targets California’s nitrogen oxide standards for heavy-duty vehicles, which opponents, including the Owner-Operator Independent Drivers Association, call unfeasible for small trucking firms.
- Resolution 60: Unrelated to emissions, this resolution would lift restrictions on off-road vehicles in Glen Canyon National Recreation Area, showing how CRA votes often bundle diverse issues.
Republicans, backed by President Trump, argue these rules force EVs on consumers, raise vehicle prices, and hurt industries like oil and trucking. EVs cost about $12,000 more than gas cars on average, which would be a huge burden for middle-class families.
But there’s a catch: the Government Accountability Office says EPA waivers are “orders,” not “rules,” meaning they may not be subject to CRA review. Though some Republicans, like Senator Shelley Capito, say Congress can still act: the EPA itself calls them rules, creating a legal gray area. The Senate parliamentarian will decide if these resolutions can proceed, and if they pass, they could block California’s rules permanently.
On April 23, 2025, the Supreme Court heard Diamond Alternative Energy LLC v. EPA, a case challenging California’s Clean Air Act waiver. Fuel producers, represented by Diamond Alternative Energy, argue the waiver hurts their industry by reducing demand for gasoline as California pushes EVs.
The waiver, reinstated in 2022, lets California enforce stricter emissions and zero-emission mandates through 2025. The D.C. Circuit ruled in 2023 that fuel companies lacked legal standing to fight these mandates because automakers might still prioritize EVs without it.
At the Supreme Court, fuel companies argued the waiver unfairly shrinks their market, but California countered that their claims are shaky since gas demand hinges on many factors, like global markets.
A key question is whether fuel producers have legal standing if automakers are already choosing to build more EVs, as seen with companies like Ford and GM.
This case builds on Massachusetts v. EPA from 2007, which gave states a stronger voice in climate policy. The Court’s decision, due by June 2025, could decide if industries like fuel can challenge state emissions rules and how much power states have to shape environmental policy. This could be a step to reduce the power of the California Air Resources Board which was given more power by Presidents Obama and Biden.
California’s EV push isn’t just about policy—it’s about real people. EVs made up 25% of new car sales in California in 2024, driven by rebates and tax credits, but their average cost of $60,000 remains a hurdle for many. Rural areas face bigger challenges: only 1 in 5 public charging stations are outside urban zones, leaving drivers in places like Fresno County with range anxiety.Source: CARB, 2024 Annual Report; DOE, “Charging Infrastructure Access,” 2024).
For workers, the transition creates both opportunities and risks. EV manufacturing could add 100,000 jobs in California by 2035, but oil and gas industries may lose 50,000 jobs as demand for liquid fuels drops.
Small businesses, like trucking firms, face steep costs to switch to electric fleets. A single electric semi-truck can cost $400,000, compared to $150,000 for a diesel model, and federal subsidies cover only a fraction. Yet, companies like Tesla and Rivian are innovating, with California’s rules spurring advancements in battery range and charging speed.
California’s not alone in this EV revolution. Countries like Norway and China are pushing hard on EVs, and it's being driven by government mandates and cheap batteries from China. It's a global issue. In the U.S., Washington state also plans to ban gas car sales by 2035, while Texas resists, passing a 2023 law to protect gas-powered vehicles.
California’s rules aim to cut emissions by 40% by 2035, equivalent to removing 15 million gas cars from the road. They claim this is for the health of its citizens, but there's no studies to prove that an all EV market will do anything. And California is riddled with brown outs and power shortages. The economic costs are too great for something unproven and the impact could make California and other states go brake. The cost to consumers is too high to be wrong.
So what’s next?
The CRA states that if this is passed, the EPA and federal government cannot re-attempt to approve this rule. This also forces all members to go on the record with their votes. This could effect their re-election bids. If Congress votes to undo a rule, the agency cannot propose a similar regulation. It would require an act of congress to override the CRA.
The CRA votes and Supreme Court ruling will shape whether California can keep leading on EVs. If Congress blocks the waivers, other states may struggle to follow, stalling national climate goals. If the Court limits California’s authority, it could weaken state-led environmental policies nationwide. But even if California prevails, challenges like EV costs and rural infrastructure remain.
This debate touches every driver, worker, and community. It’s about balancing innovation with affordability, freedom with responsibility. What do you think—should California set the pace for EVs, or are gas cars worth preserving? Drop your thoughts in the comments below, and let’s get this debate rolling!
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Lauren Fix, The Car Coach is a nationally recognized automotive expert, media guest, journalist, author, keynote speaker and television host. A trusted car expert, Lauren provides an insider’s perspective on a wide range of automotive topics and safety issues for both the auto industry and consumers. Her analysis is honest and straightforward.