Cruz, Ricketts, Sullivan, Colleagues to Introduce Bipartisan Legislation Overturning Biden’s EV Mandates

WASHINGTON, D.C. – U.S. Sens. Ted Cruz (R-Texas), Pete Ricketts (R-Neb.) and Dan Sullivan (R-Alaska) along with Reps. John James (R-Mich.-10) and Russ Fulcher (R-Idaho-01) introduced bipartisan Congressional Review Acts in the Senate and House to block the Biden administration’s electric vehicle mandates. The Environmental Protection Agency (EPA) recently finalized new emissions regulations which would require up to two-thirds of new cars and nearly 40% of trucks sold in the U.S. to be electric vehicles (EVs) in eight years.

Upon introduction, Sen. Cruz said, “The Biden administration’s mandate ignores statutory authority and essentially bans gas-powered vehicles. I’m proud to work with Sens. Ricketts and Sullivan to overturn this extreme overreach by the climate radicals working at Joe Biden’s EPA. Texas is an all-of-the-above energy state, and I support the development of alternative energy and new technologies, but the government should not put its thumb on the scales against gas-powered vehicles and the oil and gas industry. Doing so will hurt consumers in our rural communities and only increase our dependence for energy from foreign adversaries.

Ricketts and James introduced the CRA for the light- and medium-duty vehicles rule. Sullivan and Fulcher introduced the CRA for the heavy-duty vehicles rule.

Original Senate co-sponsors of the Ricketts/James CRA include Sullivan and Senators Joe Manchin (D-WV), John Barrasso (R-WY), Marsha Blackburn (R-TN), John Boozman (R-AR), Mike Braun (R-IN), Katie Boyd Britt (R-AL), Ted Budd (R-NC), Shelley Moore Capito (R-WV), Bill Cassidy (R-LA), Susan Collins (R-ME), John Cornyn (R-TX), Tom Cotton (R-AR), Kevin Cramer (R-ND), Mike Crapo (R-ID), Ted Cruz (R-TX), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Lindsey Graham (R-SC), Chuck Grassley (R-IA), Bill Hagerty (R-TN), Josh Hawley (R-MO), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), Ron Johnson (R-WI), John Kennedy (R-LA), James Lankford (R-OK), Mike Lee (R-UT), Cynthia Lummis (R-WY), Roger Marshall (R-KS), Mitch McConnell (R-KY), Jerry Moran (R-KS), Markwayne Mullin (R-OK), Lisa Murkowski (R-AK), Rand Paul (R-KY), Jim Risch (R-ID), Mitt Romney (R-UT), Mike Rounds (R-SD), Marco Rubio (R-FL), Eric Schmitt (R-MO), Rick Scott (R-FL), Tim Scott (R-SC), John Thune (R-SD), Thom Tillis (R-NC), Tommy Tuberville (R-AL), J.D. Vance (R-OH), and Roger Wicker (R-MS).

Original Senate co-sponsors of the Sullivan/Fulcher CRA include Ricketts and Senators Joe Manchin (D-WV), John Barrasso (R-WY), Marsha Blackburn (R-TN), John Boozman (R-AR), Mike Braun (R-IN), Katie Boyd Britt (R-AL), Ted Budd (R-NC), Shelley Moore Capito (R-WV), Bill Cassidy (R-LA), John Cornyn (R-TX), Tom Cotton (R-AR), Kevin Cramer (R-ND), Mike Crapo (R-ID), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Lindsey Graham (R-SC), Bill Hagerty (R-TN), Josh Hawley (R-MO), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), Ron Johnson (R-WI), John Kennedy (R-LA), James Lankford (R-OK), Mike Lee (R-UT), Cynthia Lummis (R-WY), Roger Marshall (R-KS), Jerry Moran (R-KS), Markwayne Mullin (R-OK), Lisa Murkowski (R-AK), Jim Risch (R-ID), Mitt Romney (R-UT), Mike Rounds (R-SD), Marco Rubio (R-FL), Eric Schmitt (R-MO), Rick Scott (R-FL), Tim Scott (R-SC), John Thune (R-SD), Tommy Tuberville (R-AL), J.D. Vance (R-OH), and Roger Wicker (R-MS).

BACKGROUND

Title II of the Clean Air Act (CAA) addresses transportation-based sources of air pollution emissions via the tailpipe by seeking to reduce vehicle emission, as well as fuel. Within Title II, CAA section 202 provides the Environmental Protection Agency (EPA) with the authority to set emission standards for new motor vehicles.

Beginning in 2010, EPA began to interpret CAA section 202 as providing the Agency authority to regulate greenhouse gas (GHGs) emissions from cars and trucks. Between 2010 and the end of 2022, EPA had promulgated three rounds of GHG standards for light-duty vehicles covering model years 2012–2026, and two rounds of GHG standards for medium- and heavy-duty trucks covering model years 2014–2027.

Light and Medium Duty Vehicles Rule: On Wednesday, April 12, 2023, EPA announced the “Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium Duty Vehicles,” a proposed rule to reduce emissions from light-duty and medium-duty vehicles starting with model year (MY) 2027 through MY2032. In this rule, EPA proposed multipollutant emissions standards for light-duty passenger cars and light trucks and Class 2b and 3 vehicles (“medium-duty vehicles”). EPA estimated that, due to this proposal, electric vehicles (EVs) will make up two- thirds of new vehicles by MY2032, a whopping 67% of overall vehicle production. In 2022, EVs accounted for a mere 5.8% of new cars sold in the U.S. The administration unveiled their finalized light and medium-duty vehicles rule March 20, 2024.

Heavy Duty Vehicles Rule: On Wednesday, April 12, 2023, EPA announced the “Greenhouse Gas Standards for Heavy-Duty Vehicles - Phase 3” which would apply to heavy-duty vocational vehicles such as delivery trucks, refuse haulers, dump trucks, public utility trucks, transit, shuttle, school buses and trucks typically used to haul freight. These standards built on the Heavy-Duty NOx standards for MY 2027 and beyond, which EPA finalized in December 2022, representing the third phase of EPA’s “Clean Trucks Plan.” The administration unveiled their finalized heavy-duty vehicles rule on March 29, 2024.