An electric vehicle is being charged. Congress has intervened to stop California, Washington and other blue states from mandating increasing sales of zero-emission vehicles. (Courtesy Oregon Department of Transportation)

Congress has stopped the Environmental Protection Agency from allowing California, Washington and other states to ban gasoline- and diesel-powered cars, pickups and freight trucks.

The Senate adopted resolutions May 22 overturning a trio of California rules that require auto makers to ramp up sales of hybrid or zero-emission vehicles. The House adopted the resolutions April 30.

If they hold up in court, the resolutions will undermine California’s push to lead the nation in banning new conventional cars and pickups by 2035 and new heavy-duty trucks by 2036.

Washington, Oregon and 15 other states adopt all or some of California’s vehicle-emission rules. Washington, in particular, strictly adheres to rules set by the California Air Resources Board.

“Today’s decision by Congress is brazenly out of step with the law, science and public will,” Washington Gov. Bob Ferguson said in a statement.

California Attorney General Rob Bonta blamed President Donald Trump for Congress’ action. California will sue the Trump administration, he said.

Bonta alleged Congress misused the Congressional Review Act to overturn decisions by the Biden EPA.

“If it’s the next suit that we bring, it will be our 23rd lawsuit against the Trump administration,” Bonta said at a press conference, standing behind a sign that read, “Trump’s GOP is Making America Smoggy Again.”

Senate Republicans and one Democrat provided the 51 votes to pass the resolutions. The resolutions received support from 35 Democrats in the House.

Sen. Deb Fischer, R-Nebraska, said on the floor of the Senate that banning gas and diesel vehicles was heavy-handed and unrealistic.

“This action is necessary to stop one state from dictating emission policies for the entire country,” she said.

The EPA regulates tailpipe emissions, but can waive the standards for California. Because of its history of battling smog, California can adopt tougher standards. Other states can adopt the national standard or California’s standard.

Red states oppose allowing California to use its special status to ban gas- and diesel-powered vehicles to fight climate change. The issue has yet to come before to the U.S. Supreme Court.

The Congressional Review Act allows lawmakers to overturn federal agency rules. The Government Accountability Office in March concluded the EPA waivers were not “rules” subject to congressional review, but were rather “orders” to address a specific case.

The GAO, in a lengthy legal review, stated, “There is a question as to the precise effect these resolutions would have.”

“We intend to sue the Trump administration over the unlawful use of the Congressional Review Act,” Bonta said.

Fischer said GAO’s position was only advisory.

“We are reclaiming our congressional authority under the Congressional Review Act,” she said.