ICYMI: Padilla, Colleagues Highlight Consequences of Senate Republicans’ Attempt to Abuse the CRA and Revoke California’s Clean Air Act Waivers
WASHINGTON, D.C. — Today, 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, highlighted the growing opposition to Republicans’ shortsighted attempts to rescind California’s clean air waivers by going nuclear on the rules and overruling the nonpartisan Senate Parliamentarian’s decision. Senator Padilla, U.S. Senate Democratic Leader Chuck Schumer (D-N.Y.), and U.S. Senator Sheldon Whitehouse (D-R.I.), Ranking Member of the Senate Committee on Environment and Public Works, held the floor yesterday after Majority Leader John Thune (R-S.D.) said that he would move forward this week with a cynical attempt to rescind California’s Clean Air Act waivers with a 50-vote threshold under the Congressional Review Act (CRA), bypassing the filibuster and its 60-vote requirement by overruling the Senate Parliamentarian.
Senators Padilla, Schumer, Whitehouse, Martin Heinrich (D-N.M.), Ron Wyden (D-Ore.), Adam Schiff (D-Calif.), and Edward J. Markey (D-Mass.) all came out strongly against this reckless effort.
In a joint statement, Padilla, Schumer, and Whitehouse condemned the attacks on California’s Clean Air Act waivers:
“Let us be abundantly clear: if Republicans throw away the rulebook and overrule the Parliamentarian, that would be going nuclear — plain and simple. This move will harm public health and deteriorate air quality for millions of children and people across the country.
“Republicans are overruling a thirty-year tradition of state policies that bolstered a new sector of the economy, helped domestic automakers fend off China’s manufacturing dominance, improved the quality of the air we breathe, reduced planet-warming carbon pollution, and protected the health of American families. Instead of negotiating changes with the states involved, the fossil fuel industry deployed its political operatives in Congress to go nuclear for them.
“If the Trump Administration’s scheme to weaponize the CRA goes forward, the executive branch will control the Senate Floor. Senate Republicans are doing an about face on the filibuster — throwing it aside the first moment it’s convenient and the Senate Floor will not be the same.”
Last night, Padilla, Schumer, and Whitehouse took to the Senate Floor to ask a series of parliamentary inquiries on Senate Republicans’ intention to go nuclear on the California waiver CRAs. Senate Democrats confirmed — on the congressional record — that the Republicans’ plan to move forward would be against the Parliamentarian’s guidance, and thus, the very definition of eliminating the filibuster and going nuclear. The Senators’ remarks and the Presiding Officer’s responses on behalf of the Senate Parliamentarian can be viewed here, and a transcript of the remarks is available here.
Senator Martin Heinrich, Ranking Member of the Senate Energy and Natural Resources Committee, issued a statement emphasizing that once Republicans embrace this significant reversal of precedent and attempt to overturn California’s Clean Air Act waivers, a future Democratic Administration could try to reverse Republicans’ oil and gas priorities, including liquified natural gas (LNG) export terminals.
“If Senate Republicans force a vote on the California Clean Air Act Waivers, they set a precedent that will allow Congress to overturn nearly any agency decision nationwide. I urge my colleagues to reject this gross overreach. If they don’t, Congressional Review Act resolutions will quickly hijack the Senate floor to retroactively invalidate agency permits, adjudications, and licensing decisions – actions that were never previously considered ‘rules.’
“We need a reliable energy permitting and approval system if we are going to meet our growing energy needs. But under Republicans’ proposal, Congress could invalidate permits for new oil and gas wells, established rights of way for transmission lines, and approvals of new LNG export terminals. That includes the Department of Energy’s recent approval of Commonwealth LNG’s application to export liquified natural gas. If not challenged immediately, a future administration could also submit Commonwealth’s authorization as a rule retroactively and halt the project years after it has begun construction.
“By opening this door, Republicans threaten to destroy our permitting and regulatory system, leading to higher energy costs for Americans and making it impossible for new developments to come online. Indeed, nearly every major and minor project the federal government touches could be stalled, creating significant uncertainty if not complete chaos. That is not what the American people want, and it cannot be what Senate Republicans want, either.”
Senator Wyden, Ranking Member of the Senate Finance Committee, warned Republicans against overruling the Senate Parliamentarian and abusing the Congressional Review Act to meddle with California’s clean air policies. He said the Republican plan would backfire if they follow through.
“Republicans should think twice before moving ahead with this unprecedented overreach. If they invoke this nuclear option now, they should expect that a future Democratic government will have to revisit decades worth of paltry corporate settlements, deferred prosecution agreements, and tax rulings that were overly favorable to multinationals and ultra-wealthy individuals. That would only be the beginning. These partisan actions cut both ways.”
Senator Schiff delivered remarks on the Senate floor urging Senate Republicans to consider the implications their decision to throw out the Senate Parliamentarian’s ruling will have on their states if they use the CRA against California’s waivers.
“I urge my colleagues, and the American people, not be distracted by suggestions that nothing is going on here, nothing new is going on here, no precedent is being set here. Because it is.”
“This week’s vote is short-sighted because it’s going to have devastating impacts for our nation’s health, but it’s more than that. And it should send a chill down the spine of legislators in every state and communities across the country, regardless of their political affiliation because the Senate is now setting a new standard, and one that will haunt us in the future. And it will haunt those states whose Senators vote to go down this path. Make no mistake. Today, it is California and our ability to set our own air quality standards.
“But tomorrow, it can be your own state’s priorities made into a target by this vote to open the Pandora’s Box of the Congressional Review Act.”
Senator Markey criticized Republicans’ attempt to change the Senate rules to overturn California’s waivers, both because it reverses California’s clean air progress and because it violates longstanding Senate rules.
As Senate Republicans Consider Procedural Power Grab, Markey Highlights Seriousness of the Moment
“At a moment when Donald Trump is actively undermining the checks and balances enshrined in our Constitution, Senate Republicans are moving ahead with a dangerous change to Senate rules while rolling back clean air regulations.
“It’s not enough for Republicans to promote chaos and conflict in our economy for the sake of billionaires, they now want to create chaos and conflict in Congress by intentionally trashing guardrails and decisions that protect all members. They don’t care about the rule of law, and they don’t seem to care about the rule of Congress. With this action, Senate Republicans are opening the door for future votes on the countless unlawful and unethical actions carried out by the Trump administration. There will be no putting the genie back in the bottle.”
Senator Padilla has been outspoken in pushing back against Republican attacks on California’s Clean Air Act waivers. Yesterday, Padilla placed a hold on the four pending EPA nominees until Republicans stop their reckless attempts to overrule the Senate Parliamentarian. Earlier this month, Senators Padilla, Schiff, and Whitehouse 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 Schumer also led Democratic Ranking Members in strongly warning Majority Leader Thune 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.