Padilla Places Holds on EPA Nominees Until Republicans Cease Efforts to Abuse the CRA to Revoke California’s Clean Air Act Waivers
Senator Padilla: “If this attempt is successful, the consequences will be far-reaching, not only for our clean energy economy, the air our children breathe, and for our climate, but for the future of the CRA and for the Senate as an institution.”
WASHINGTON, D.C. — U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Committee on Rules and Administration and a member of the Senate Environment and Public Works Committee, placed a hold on the four pending Environmental Protection Agency (EPA) nominees until Republicans stop their reckless attempts to overrule the Senate Parliamentarian’s decision regarding California’s clean air waivers that allow the state to implement more protective air quality standards.
The Trump-led EPA recently submitted three California waivers as “rules” to Congress — despite knowing full well that these waivers were not rules — in a cynical attempt to overturn the waivers with a 50-vote threshold under the Congressional Review Act (CRA). The Senate Parliamentarian determined that any resolutions aimed at overturning California waivers would not be entitled to the CRA’s expedited procedures and would therefore require 60 votes to secure Senate passage. Reporting indicates that Senate Republicans may soon move forward to bypass the filibuster to rescind these waivers, which would require overruling the Parliamentarian.
Revoking California’s waivers would not only cause disastrous public health, environmental, and economic impacts, but would also mean Republicans took the “nuclear option,” undermining longstanding Senate procedures that could be applied to legislation far beyond the CRA and giving agencies significantly more control over the Senate floor.
“This objection is a direct result of the agency’s cynical attempt to weaponize the Congressional Review Act (CRA) by attempting to submit as ‘rules’ three waivers issued to the State of California under the Clean Air Act (CAA),” wrote Senator Padilla. “If this attempt is successful, the consequences will be far-reaching, not only for our clean energy economy, the air our children breathe, and for our climate, but for the future of the CRA and for the Senate as an institution.”
Padilla detailed the longstanding precedent making clear that EPA’s waivers are not rules subject to the Congressional Review Act. None of the more than 100 individual waivers or waiver-related decisions to California — under both Democratic and Republican Administrations — have ever been submitted as a rule since Congress granted the EPA this waiver authority in 1967 in bipartisan fashion. He also underscored the enormous stakes of overruling the Senate Parliamentarian, including for providing essential checks against executive branch agencies trying to exploit the CRA to enact their own agenda on matters that are not rules.
“Here, for the first time in the history of the CRA, an agency submitted matters that they knew were not rules. Some of my Republican colleagues are now arguing that the Parliamentarian should have no role to limit this partisan gamesmanship, and the Senate should throw out the rulebook and overturn the Parliamentarian,” continued Senator Padilla. “If the Trump EPA and Senate Republicans are successful at this ploy, the Senate will have no choice but to accept this as status quo in the future. This would grant agencies unchecked control over the Senate floor — an unprecedented encroachment by the executive branch into the Senate’s internal operations.”
Padilla laid out a list of potential actions that the Trump Administration could take to abuse the CRA, including revoking the broadcast licenses or other approvals for media outlets when they disagree with their news coverage; rescinding Food and Drug Administration approvals of vaccines, birth control, or mifepristone; or targeting the organizations of President Trump’s political opponents for retribution.
“None of these actions are rules, which is why they’ve never been submitted to Congress as rules. But if my Republican colleagues open this door and overturn the Parliamentarian’s wise safeguards on this type of abuse, there would be no practical limit, and the Senate could be forced to vote repeatedly on such matters that are clearly not ‘rules’ notwithstanding the plain language of the CRA,” added Senator Padilla.
By taking the nuclear option to overrule the Senate Parliamentarian, Padilla noted that a future Democratic Administration could target approvals for fossil fuel project leases, loan agreements, or permitting as well as for liquified natural gas (LNG) export terminals. They could also use the CRA to try to reverse the Trump Administration’s actions on matters including immigration, foreign policy, and staffing cuts.
“Since this cynical attempt to weaponize the CRA was triggered by the administration’s political leadership at the EPA, at the urging of their Big Oil allies, I must object to proceeding to any nominations for the EPA pending on the Senate’s executive calendar,” concluded Senator Padilla. “I will continue to object until the agency withdraws its false submissions to Congress or the Majority Leader commits not to overturn the Parliamentarian’s determination on this matter.”
A Senate hold blocks unanimous consent to speed up consideration of a nomination and forces the body to spend time debating and voting on the nominee. The EPA nominees currently pending on the Senate floor include Deputy Administrator nominee David Fotouhi, Chief Financial Officer nominee Catherine Hanson, and Assistant Administrator nominees Jessica Kramer and Aaron Szabo.
Senator Padilla has been outspoken in pushing back against Republican attacks on California’s Clean Air Act waivers. Earlier this month, Senators Padilla, Adam Schiff (D-Calif.), and Sheldon Whitehouse (D-R.I.), Ranking Member of the Senate Committee on Environment and Public Works, took to the Senate floor to sound the alarm on Senate Republicans’ consideration of moving forward with their plan to revoke California’s Clean Air Act waivers. Padilla, Whitehouse, and U.S. Senate Democratic Leader Chuck Schumer (D-N.Y.) also led Democratic Ranking Members in strongly warning Majority Leader John Thune (R-S.D.) and Majority Whip John Barrasso (R-Wyo.) of the dangerous and irreparable consequences if Senate Republicans overrule the Senate Parliamentarian’s decision on California’s waivers.
Last month, Senators Padilla, Whitehouse, and Schiff welcomed the Senate Parliamentarian’s decision that the waivers are not subject to the CRA. Padilla also joined Whitehouse and Schiff in blasting Trump and EPA Administrator Lee Zeldin’s weaponization of the EPA after the Government Accountability Office’s (GAO) similar finding. Padilla and Schiff previously slammed the Trump Administration’s intent to roll back dozens of the EPA’s regulations that protect California’s air and water.
Full text of Padilla’s hold statement is available here.