In a landmark vote, the U.S. Senate overturned California’s gas car ban, rejecting its 2035 electric vehicle (EV) mandate. The reversal defends consumer freedom, state boundaries, and national economic flexibility. It also blocks the spread of this mandate to 11 other states and puts the future of American vehicle choice back in the hands of the people.
California’s Original EV Mandate and Its Spread
California’s Advanced Clean Cars II (ACC II) regulation was designed to phase out the sale of new gasoline-only vehicles by 2035, aiming for 80% EV sales by that date. Approved under a Biden-era EPA waiver, this policy quickly became a blueprint for other states—11 in total—including New York, Oregon, Massachusetts, Washington, and Colorado. Collectively, these states represent about 40% of U.S. vehicle sales. The intention was to reshape the national auto market using state-level regulations—transforming how Americans drive, buy, and fuel their vehicles.
However, this mandate caused alarm across industries and households. With limited EV infrastructure, higher sticker prices, and regional power grid vulnerabilities, many saw the rule as government overreach rather than environmental progress.
Senate Fights Back to Reverse the EV Mandate
On May 22, 2025, the U.S. Senate voted 51-44 to overturn the EPA waivers that allowed California to enforce stricter emission rules. This move repeals H.J. Res. 87, 88, and 89, which nullify the three federal waivers behind the EV mandates. The reversal had already passed the House on May 1 by a 246-164 vote.
Led by Senate Majority Leader John Thune (R-SD), this decision utilized the Congressional Review Act (CRA)—a powerful but rarely used tool allowing Congress to overturn agency rules. Notably, this was the first time Congress has ever revoked a Clean Air Act waiver in the law’s 50-year history.
Supporters of the reversal included nearly all Senate Republicans, joined by Senator Elissa Slotkin (D-MI), who broke with her party to support automakers in her home state. Opponents of the reversal were mostly Democrats who argued the measure undermines climate goals and sets a troubling precedent in limiting state autonomy.
Mixed Signals from the Auto Industry
Not all automakers are aligned on this issue. While Ford, Honda, and a few others supported California’s stricter emissions policies, others voiced concern. The Alliance for Automotive Innovation, representing most U.S. carmakers, criticized the 2035 target as “never achievable,” citing lack of infrastructure and market readiness.
Even General Motors, once a vocal EV supporter, has reportedly softened its position. After a dip in EV sales this spring, GM is reassessing its strategy and backing away from mandates.
The National Automobile Dealers Association (NADA) applauded the Senate’s vote. CEO Mike Stanton argued the EV rule would “drastically reduce consumer choice and raise prices.” Video commentary from NADA leaders and dealership owners echoed these points.
The oil and fuel sector also celebrated. API CEO Mike Sommers and AFPM President Chet Thompson declared this “a massive win for working families,” emphasizing that no state should dictate what Americans drive. Watch the full reaction here.
Why the Reversal Matters for the American Way of Life
The United States has always cherished freedom of choice—especially in the marketplace. From horses and buggies to gas-powered and electric vehicles, Americans have historically chosen their own path forward. No federal or state mandate dictated the end of horse-drawn carriages. Innovation and consumer demand drove that change.
California’s overreach attempted to reverse that spirit by pushing its residents’ priorities onto the rest of the nation. In a country founded on liberty and state sovereignty, no individual state has the right to drag others along with its policy decisions. The CRA’s limited judicial review ensures that this Senate decision will stand strong—even in the face of expected lawsuits from California’s Governor Gavin Newsom and Attorney General Rob Bonta. Hear more from opponents and legal analysts.
As the EV tax credit repeal bill heads to the Senate—potentially ending $7,500 rebates for new EVs and adding a $250 annual federal EV fee—the market may shift again. But this time, it’s the American consumer, not one state government, calling the shots.
Takeaway: Liberty, Innovation, and Choice Win the Day
The reversal of California’s EV mandate restores more than just vehicle options—it reaffirms the right to choose in a free society. It protects state boundaries, stabilizes an economy that thrives on innovation, and respects the millions of American drivers who don’t want to be forced into one transportation model.
The people—not a single state—should decide how we move forward. Just as we once transitioned from horses to horseless carriages by choice, we should transition to EVs only when the people—not lawmakers—are ready. That’s the American way.