House blocks California truck emissions rules

Industry Debate: Can Congress Revoke an Exemption?

Despite the final vote, the Government Accountability Office (GAO) has questioned the legality of Congress’s decision, issuing an opinion stating that Congress does not have the authority to revoke exemptions already granted by the EPA. The debate centers on whether Congress can repeal an exemption, rather than a regulation directly.

However, the issue has national significance, as its impact reaches beyond California’s borders. Ten states—including New York, Oregon, and Colorado—have already adopted the ACT rule, following California’s lead. This expansion has created tension, particularly among trucking groups concerned about the economic and operational impact of these regulations.

Moreover, the debate complicates the future of the Clean Truck Partnership, an agreement reached in July 2023 between California and engine manufacturers, under which they agreed to federal NOx standards in exchange for implementing the ACT rule. The validity of this agreement is in question if ACT loses its exemption.

In response to the House’s decision, the transportation industry reacted strongly. Groups like the American Trucking Associations (ATA) and the Clean Freight Coalition (CFC) praised the House’s move. Chris Spear, ATA President, stated that “California should never hold the keys to policies that affect our interstate supply chains.”