A Victory for Trucking: Congress Revokes California's EV Mandate Waiver

In a major development for the transportation sector, Congress recently voted to revoke California’s Environmental Protection Agency (EPA) waiver that allowed the state to impose stricter emissions standards through its Advanced Clean Trucks (ACT) regulation. This decision marks a significant shift in national environmental policy, and a meaningful win for trucking companies navigating the costly challenges of electrification mandates.

The ACT rule, first granted through a waiver by the EPA, required manufacturers of medium- and heavy-duty trucks to sell an increasing percentage of zero-emission vehicles (ZEVs) starting in 2024. These rules, along with California’s separate Low NOx Omnibus rule, placed substantial financial and operational pressure on the industry, especially in states like Oregon that voluntarily adopted California’s standards early on.

Earlier this year, Oregon officials raised concerns about the feasibility of implementing California’s ACT rule. Oregon State Representative Shelly Boshart Davis acknowledged during a legislative hearing that the cost of fully implementing the regulation would be “extraordinarily high,” citing a lack of infrastructure and the financial burden on businesses. House Bill 3119 was introduced to delay Oregon’s adoption of the mandate in response to these concerns. As of June 2025, the bill is still under consideration.

The recent congressional resolution to revoke California’s waiver was passed using the Congressional Review Act (CRA), a legislative mechanism that allows Congress to overturn certain federal agency rules. However, there is considerable debate as to whether the EPA’s waiver to California qualifies as a “rule” under the CRA. Legal experts, including the Senate parliamentarian and the Government Accountability Office, have raised concerns that it may not. In response, California’s governor and attorney general have already announced plans to challenge the move in court. While the vote represents a significant challenge to California’s regulatory authority, the legal process will ultimately determine whether the waiver revocation takes effect.

It’s important to note that the trucking industry has already made impressive strides in reducing emissions. Compared to trucks on the road decades ago, today’s commercial trucks emit 99% fewer nitrogen oxides and particulate matter. Since 2010 alone, the industry has achieved a more than 40% reduction in total emissions, a testament to ongoing innovation and environmental stewardship.

While the revocation of the waiver does not affect all related regulations – California’s Low NOx rule remains in place for now – this resolution may signal a broader reevaluation of one-size-fits-all environmental mandates.

At Kernutt Stokes, we understand the unique challenges and regulatory pressures facing the transportation industry. Our transportation team is here to help you navigate the road ahead. Whether you’re evaluating the impact of this policy shift, planning capital investments, or exploring ways to improve operational efficiency, we’re ready to be your partner. Contact us to start a conversation about how these changes may affect your business and how we can help you stay ahead.

This is an evolving issue with legal challenges underway. We’re keeping a close watch and will continue to share insights to help you stay informed and prepared.