Alex Padilla U.S. Senator for California

WASHINGTON, D.C. — Today, U.S. Senators Alex Padilla (D-Calif.), Ranking Member of the Senate Committee on Rules and Administration, Adam Schiff (D-Calif.), and Sheldon Whitehouse (D-R.I.), Ranking Member of the Senate Committee on Environment and Public Works (EPW), took to the Senate floor to sound the alarm on Senate Republicans’ consideration of a dangerous plan 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 House of Representatives last week erroneously voted to revoke three of California’s Clean Air Act waivers for the state’s clean cars and trucks programs, despite the Government Accountability Office’s (GAO) determination that California’s Clean Air Act waivers are not rules under the Congressional Review Act (CRA), and the Senate Parliamentarian’s decision that any CRA resolutions on this subject would therefore require 60 votes to secure Senate passage. Senator Padilla emphasized the harmful environmental, public health, and economic consequences of attempting to revoke California’s waivers, as well as the dangerous precedent this “nuclear option” would set in undermining longstanding Senate procedures that could be applied to legislation far beyond the CRA.

Padilla outlined California’s leadership in driving climate progress that has not only improved air quality, but has helped make California the world’s fourth largest economy through investments in innovative clean technologies.

• “When Donald Trump returned to the White House a few months ago, there was a whole lot of people throughout California and beyond that knew that California had a target on its back. For more than half a century, we’ve been trailblazers in a number of policy areas, but especially in the fight for environmental protections and public health protections. And for the last decade, we’ve been proud to … stand up to each and every one of Donald Trump’s attacks on our clean air and clean water, not just through his rhetoric, but through his actions. So while the particular procedural battle that we find ourselves in today over the Clean Air Act waivers may be new, the larger war on California’s climate leadership and progress is not new.”

• “One of the most outlandish things I’ve heard from my Republican colleagues these past few weeks as it pertains to these Clean Air Act waivers is that they’re concerned that these waivers and other regulations would stifle the California economy. That ‘the market is not ready.’ Or, I’ve heard some say that they’re concerned that this could raise prices on consumers. Really? These are the same Republican members who have stayed silent while Donald Trump’s imposed universal tariffs that are actually already increasing prices. So now you’re worried about increased costs for American families? Where have you been these last several weeks? But I have some good news for you: in case you haven’t heard, California’s proven this argument wrong already. … As of a couple weeks ago, California is now the fourth largest economy in the world.”

• “California didn’t get there by just holding on to technologies of the past. We did so by innovation and investment in clean technologies. So we are proving that you can be for clean air and for business and economic growth.”

Padilla emphasized that Republicans are looking for a “backdoor” to bypass a filibuster since they do not have the votes needed to amend the Clean Air Act, instead trying to use the CRA to kill California’s Clean Air Act authority with a lower, 51-vote threshold. This would require Republicans to overrule the Senate Parliamentarian and GAO, which they have never done on a CRA question. Padilla highlighted that Senate Republicans, including EPW Chair Senator Mike Lee (R-Utah), have even published a fact sheet that says: “California’s power to influence national emissions standards … is not subject to Congressional review.”

• “In plain English, they’re trying to change the rules of the Senate in order to please Donald Trump and the Big Oil lobby.”

• “It’s clear to me that this is about more than just California’s climate policies and leadership. This would set a major new precedent that blows way past the bounds of the Congressional Review Act. It’s not an insignificant change to the rules. It is not an insignificant precedent that you would be setting.”

• “If successful, it would open the door to ignoring the Parliamentarian on any ruling that you don’t like. And if Republicans can ignore the Parliamentarian on a CRA, then why not the tax bill that they’re working so hard on? Or health care? Or anything else?”

He concluded his speech by presenting Senate Republicans’ previous statements saying they would not ignore the parliamentarian. Majority Leader John Thune (R-S.D.) said that ignoring the Senate Parliamentarian would be “totally akin to killing the filibuster. We can’t go there.” Senator John Curtis (R-Utah) said “a red line for [him] is overruling the Parliamentarian,” and Senator Susan Collins (R-Maine) promised she would “never vote to overturn the Parliamentarian.” Padilla warned his Republican colleagues not to cross this critical red line.

• “I will call our attention to the fact that the red line is here now. And each member of this body has a decision to make. The Parliamentarian has ruled that this effort cannot be done on a 51-vote threshold.”

• “If you choose to go forward and overrule the Parliamentarian, just know: there’s no going back. All bets are off.”

Senator Padilla has been outspoken in pushing back against Republican attacks on California’s Clean Air Act waivers. Earlier this week, Padilla, Whitehouse, and U.S. Senate Democratic Leader Chuck Schumer (D-N.Y.) 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 GAO’s 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.

Video of Senator Padilla’s remarks is available here.

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