The Senate took 10 votes Wednesday to approve procedural changes that allow it to take up three joint resolutions that would vacate EPA waivers allowing California to set its own vehicle emissions standards.
Senate Majority Leader John Thune, R-S.D., steered Republicans through party-line votes on a complex set of points of order, motions to table points of order, motions to appeal rulings of the chair, motions to table those motions, and more, all in the service of overcoming a ruling from Senate Parliamentarian Elizabeth MacDonough that agency waivers aren’t rules that can be overturned under the Congressional Review Act.
Minority Leader Charles E. Schumer, D-N.Y., threw up as many hurdles as he could, slowing the process down and dragging out the voting. Thune eventually limited each vote to 15 minutes.
But the Republicans ultimately prevailed, establishing with a 51-46 vote that joint resolutions that meet all requirements of the CRA, or disapprove of agency actions that have been determined to be rules subject to the CRA by the Government Accountability Office would be entitled to expedited procedures. The Senate also voted 51-46 that points of order are allowed under the CRA.
The votes allow Republicans to move forward on the joint resolutions without directly contravening the parliamentarian.
“On this vote, the Republicans will be breaking their commitment and will be going nuclear, and however they try to disguise their actions, this is nuclear, no ands, ifs or buts,” Schumer said before the final vote. “They will not like it the next time they are in the minority.”
The outcome sets the stage for a floor vote on the three joint resolutions as early as Thursday. Thune moved to proceed to one of the joint resolutions that would block the EPA waiver allowing California to effectively phase out the sale of new gasoline-powered cars by 2035. The Senate agreed to the motion, 51-46.
The Senate also is expected to take up joint resolutions to nullify the waiver to set stricter nitrogen oxide engine emissions standards and the waiver to set stricter emissions standards on heavy-duty vehicles.
The CRA statute allows the Senate to overturn agency rules and bar agencies from finalizing any that are “substantially the same” with simple majorities, avoiding any risk of filibuster.
Thune said early this week that the waivers fell within the CRA’s reach because they had the effect of rules and EPA Administrator Lee Zeldin sent them to Congress and suggested using the CRA to nullify them.
But Thune opted to alter the procedures at least in part because some in his own party didn’t want to reject the parliamentarian’s ruling.
“What I didn’t want to do was to vote to overturn the parliamentarian, and with help from a lot of experts the leader came up with an approach that avoids that outcome,” Sen. Susan Collins, R-Maine, told reporters ahead of the votes, adding that she supported the joint resolutions.
Because the CRA says points of order are waived, Thune had to begin by getting the Senate to agree that they are allowed. Schumer sought to table his motion. When Schumer moved to appeal a ruling of the chair, Thune moved to table his motion.
That set the tone for much of what followed. Schumer offered motions to recess for 90, 60, 30, 15 and 10 minutes, and for adjournment, and asked for roll call votes on each.
Democrats said ignoring the parliamentarian on this issue was a sign of things to come.
Sen. Alex Padilla, D-Calif., said the majority was going “to throw out the rulebook and use the CRA against any agency action that an agency submits, no questions asked.”
“Under this logic, the Trump administration could send an endless stream of nonrule actions to Congress, going back to 1996, including vaccine approvals, broadcast licenses, merger approvals and any number of government decisions that apply to President Trump’s long list of enemies,” Padilla said.
Valerie Yurk, Aidan Quigley and Daniel Hillburn contributed to this report.
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