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Thursday, April 3, 2025

Comer and Guthrie analyze GAO's role in EPA's California vehicle emissions decision

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U.S. Rep. James Comer representing Kentucky's 1st Congressional District | Official U.S. House headshot

U.S. Rep. James Comer representing Kentucky's 1st Congressional District | Official U.S. House headshot

House Committee on Oversight and Government Reform Chairman James Comer and Energy and Commerce Chairman Brett Guthrie are reviewing the Government Accountability Office's (GAO) actions concerning the Environmental Protection Agency's (EPA) submission of Clean Air Act (CAA) waivers under the Congressional Review Act (CRA).

Comer and Guthrie highlighted concerns in a letter to GAO Comptroller General Gene Dodaro, questioning the GAO's decision, which they claim is inconsistent with its role of monitoring agency compliance. They argue this decision undermines congressional authority, requesting further documents and information regarding GAO's observations.

"GAO’s decision to publish observations in this matter is inconsistent with its own plain language description of its role in monitoring ‘agency compliance’ with obligations to ‘submit major and non-major rules to Congress and GAO,’" stated Comer and Guthrie.

California's 2022 law banning new gas-powered vehicles by 2035 led to a request for a waiver from federal pollution standards, requiring EPA approval. The EPA under Biden reviewed the request and approved it in December 2024, prior to President Trump's taking office. However, without submitting the California CAA waivers to Congress, the Trump EPA later reversed this decision, classifying them as rules subject to the CRA process.

Comer and Guthrie noted, "[P]ursuant to a request by three members of the Senate minority, GAO issued a highly unusual adverse declaration after only a matter of weeks."

The chairmen questioned the speed and nature of GAO’s conclusion, suggesting it might indicate an ideological bias, as CRA studies typically take longer.

"GAO... raises questions about the process, motivations of those involved in the decision, and the institutional understanding of GAO’s role in the CRA process,” they added.

The letter to GAO Comptroller General Gene Dodaro can be accessed for further details.

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