Earthjustice Reacts to Senate Parliamentarian Reaffirming States’ Rights to Clean their Air Under the Clean Air Act

In response to the Senate parliamentarian reaffirming that California’s Clean Air Act waivers are not subject to the Congressional Review Act, Earthjustice issued the following: 

“We are pleased the Senate Parliamentarian has reaffirmed that EPA’s waivers for stronger state tailpipe standards are not subject to the Congressional Review Act. Over a dozen states have chosen to adopt vehicle standards stronger than the federal ones — in some cases for decades — to protect the health of their residents from the largest source of air pollution in the U.S.,” said Raul Garcia, vice president of policy and legislation at Earthjustice. “These standards give states billions in health savings and economic benefits, in part because clean air and good health make everything more affordable. No one voted to be dragged back to darker days when going outside in major U.S. cities made your eyes water and your kids cough, and we’re heartened that today’s decision upholds the law and basic common sense.”  

The Government Accountability Office concluded in 2023 and reiterated in March of 2025 that EPA’s waivers under the Clean Air Act are not subject to the Congressional Review Act. The GAO, often called the “congressional watchdog,” is an independent agency that works for Congress, examining how taxpayer dollars are spent and providing Congress and federal agencies with fact-based information to help government work efficiently.  

The stronger tailpipe standards that states choose to adopt to protect their residents provide billions in economic benefits and public health savings, and save thousands of lives from the heart and lung problems associated with tailpipe pollution.  

Nearly 50 years ago, Congress protected California’s right to adopt standards more protective than the federal government’s regulations in order to address the state’s air quality crisis. After EPA grants a waiver for California’s regulations under the Clean Air Act, other states whose air quality has violated federal standards can adopt California’s more protective regulations for the health of their own residents. So far, over a dozen states have chosen to adopt more protective standards this way in a balanced process that has stood for over five decades.