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EXCLUSIVE: In a sharp rebuke, a Kentucky congressman is pressing California’s top environmental agency for answers after learning the state may be ignoring Congress’ reversal of three key electric vehicle standards.
The House Committee on Energy and Commerce wrote to Sacramento that it is “concerned about reports that California, and other jurisdictions who have adopted California standards for which waivers of preemption have been granted, are enforcing preempted vehicle emission regulations in violation of the Clean Air Act.”
Earlier this year, Congress used the Congressional Review Act to nullify Biden-era waivers granted by the Biden EPA to California, allowing them to implement stricter standards than the federal government.
Several states, including Pennsylvania and Delaware, along with the District of Columbia, have adopted California’s low-emissions standards as well.
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“The Committee has been made aware that CARB staff is denying auto manufacturers approval to bring vehicles to market unless the manufacturers agree to comply with the preempted regulations,” the committee continued.
Rep. Brett Guthrie, chair of the House Energy Committee, a Republican, told Fox News Digital that the law is clear that the Golden State must end its “de-facto EV mandate.”
“Enforcing a ban on the sale of gas-powered vehicles would have dire consequences for American families and businesses,” Guthrie said.
“Forcing Americans to buy these vehicles would strain our electric grid, raise costs, and increase our reliance on China. Our investigation will look into whether California is continuing to enforce an EV mandate in violation of federal law.”
Joining Guthrie on the letter were Reps. Gary Palmer, R-Ala., and John Joyce, R-Pa., chairmen of the environment and oversight subcommittees, respectively.
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The committee acknowledged a lawsuit against the recissions from California Attorney General Robert Bonta remains ongoing, but that the intermission does not allow the state to continue enforcing mandates under the nixed waivers.
In a June statement announcing the lawsuit, Bonta called the situation “reckless, politically motivated and illegal.”
The letter, addressed to Dr. Steven Cliff, executive officer of the California Air Resources Board, said the committee had been purportedly made aware of CARB staff denying auto manufacturers’ approval to bring vehicles to market in the state “unless the manufacturers agree to comply with the preempted regulations.”
“These efforts include CARB staff indicating that the agency would deny California Executive Orders (EO) for model year 2026 vehicles that meet all of CARB’s enforceable regulatory requirements and which California allowed for sale in model year 2025, on the basis that these vehicles do not meet the additional requirements in one set of the preempted regulations: ACC-II.”
The committee further alleges that CARB’s online “repository” spreadsheet of model year 2026 vehicles showed the board has “exclusively approved” vehicles that would certify under the ACC-II green regulations.
They closed by demanding documents showing whether CARB is continuing to enforce the car, truck or omnibus regulations Congress undid, and all records from the first of the year onward germane to the regulations and Biden-era waivers.
Fox News Digital reached out to CARB and Gov. Gavin Newsom for comment on accusations that the board is discriminating against certain vehicles.
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