WASHINGTON, D.C. — U.S. Senate Republican Whip John Barrasso of Wyoming wants to throw out electric vehicle regulations, but his planned to do that drew verbal fire from three Senate Democrats on Thursday.
U.S. Sens. Alex Padilla and Adam Schiff of California, plus U.S. Sen. Sheldon Whitehouse of Rhode Island, said Barrasso’s plan runs contrary to the Senate parliamentarian’s opinion on procedure. The parliamentarian is a referee-type officer in the Senate.
The trio of Democrats launched into the issue after Barrasso promised earlier Thursday that Republicans would vote to scrap the regulations by using a law called the Congressional Review Act, or CRA.
The Senate adjourned Thursday without voting on the matter and no word about when a vote might happen.
A spokeswoman for Barrasso did not deny the Democrats’ claim that the parliamentarian’s opinion goes their way.
Instead, the spokeswoman said by email: “This is not a discussion about Senate procedure. This is about Democrats wanting to mandate electric vehicles for all.”
Congressional Review Act
At issue is a Biden-era EPA rule on California’s emission standards.
Barrasso says California’s regulations are being copied by other states to the detriment of gasoline-powered cars in favor of EVs. He says that negatively impacts car and truck prices and availability nationwide.
Republicans this Congress have been using the CRA to throw out Biden-era rules of all sorts, but Democrats say this particular EPA rule is not subject to the CRA.
Previously, Barrasso conceded that the Government Accountability Office (GAO) advised that the CRA should not be used in this case. Barrasso simply said the GAO’s opinion should be ignored. But the Democrats now have the Senate parliamentarian’s opinion aligning with the GAO’s view.
“They’re trying to change the rules of the Senate to please Donald Trump and the Big Oil lobby,” Padilla said of Republicans.
‘Regular Order’
Padilla challenged Senate Republicans to use “regular order” to try to dismantle the California system. They won’t, Padilla said, because that would take a filibuster-proof 60 votes.
The GOP, with its 53-47 Senate majority, does not have the 60 votes and so Republicans are trying to do an end-around by using the CRA, Padilla said. That would only need 51 votes — but it's the method frowned on by the parliamentarian and the GAO.
“The parliamentarian has ruled … this cannot be done on a 51-vote threshold,” Padilla said.
Measure Already Passed House
The House already passed the measure that would scrap the California emissions regime, doing so under the CRA just as Barrasso envisions in the Senate. The House vote was May 1, with 35 Democrats joining Republicans in tossing the EPA rule tied to California's Clean Air Act waivers.
“California wants to export its radical and impractical electric-vehicle mandate to all 50 states,” Barrasso said Thursday on the floor.
“Twelve states copy the California mandate to ban gas-powered cars by 2036. Ten states copy the California mandate to ban gas-powered trucks by 2036,” he said.
'Progressive Power Grab'
“California’s mandates are a progressive power grab. They dictate what cars and what trucks Americans can buy and can drive,” Barrasso said. “These mandates aren’t limited to California. They are calculated to control the policy of the entire nation.
“To my Democratic colleagues who will tolerate California controlling what Americans can drive: Do you think the American people really support what you’re trying to shove down their throats?”
Sean Barry can be reached at sean@cowboystatedaily.com.
