Congress moves to strip states of clean-air authority over vehicle emissions
S. 996 — Preserving Choice in Vehicle Purchases Act of 2025 · Filed by Markwayne Mullin (R-OK) · 20 cosponsors · Introduced Mar 12, 2025 · Referred to committee
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What it does
This bill amends the Clean Air Act to block states from setting vehicle emission standards that would effectively eliminate internal combustion engine (ICE) vehicles. It adds a new criterion under Section 209(b) that denies California and other states a federal waiver if their standards directly or indirectly limit ICE vehicle sales, and requires the EPA to revoke any waivers granted since January 1, 2022 that fail this test.
Why we flagged it
The bill's operative mechanism strips states of Clean Air Act authority to set vehicle emission standards that would phase out internal combustion engines. It is functionally a deregulation measure that benefits automakers by preventing state-level electrification mandates, framed as 'preserving choice' but actually preserving the status quo for ICE vehicle sales.
What the text implies
- Retroactively invalidates EPA waivers granted to California and other states during 2022–2025, potentially triggering legal challenges and regulatory uncertainty.
- Preempts state authority under Section 209(b) of the Clean Air Act, which has historically allowed California to set stricter emission standards; this narrows a 50-year-old federalism carve-out.
The full analysis lists 4 implications of this text.
Who stands to gain
Internal combustion engine automakers; Fossil fuel industry; Automotive suppliers dependent on ICE technology