EPA again uses extreme and unlawful measures to ask Congress to undermine vital California protections against air pollution

(Washington, D.C. – June 12, 2026) The Trump EPA today announced that it sent four California clean air safeguards to Congress for “review” despite the fact that they are not “rules” that can be considered under the Congressional Review Act (CRA).

“For more than half a century, California has used its Clean Air Act authority to protect its people from deadly air pollution,” said Peter Zalzal, Distinguished Counsel and Associate Vice President for Environmental Defense Fund. “Last year the Trump EPA tried to override these vital safeguards through an unprecedented and extreme use of the Congressional Review Act. EPA is now doubling down on that deeply damaging approach and seeking to use the same unlawful measures to remove other state air pollution safeguards – actions that would put the lives and health of millions of Californians at even greater risk.”

The CRA has only ever applied to federal rules and its plain language precludes applying it to Clean Air Act waivers for the state of California. However, last year Congress used it to try to revoke three already-approved waivers for the state’s clean vehicle standards. That move followed the Senate Parliamentarian, the office specially charged with determining which agency actions are subject to Congressional review, the independent Congressional Research Service, and even Congressional opponents determining that the waivers were not subject to the CRA.

California and 10 other states immediately sued. Environmental Defense Fund, Natural Resources Defense Council (NRDC), and Sierra Club have filed an amicus brief in the case in support of the California standards.

Today, Trump EPA Administrator Lee Zeldin announced that he had sent four more California clean air safeguards to Congress for CRA review, including additional air pollution standards for passenger cars and trucks and standards for small offroad engines.

“California’s clean vehicle standards will provide cleaner, healthier air for millions of people who suffer from severe smog and soot as well as the deadly fires, storms and soaring insurance costs fueled by climate-destabilizing pollution,” said Zalzal. “Thousands of lives will be saved by these vital clean air protections.”