NEFI Attends White House Bill Signing Repealing Clean Air Act Waivers

On June 12, NEFI was privileged to receive an invitation from the White House to attend the signing ceremony for repeal of the Clean Air Act waiver for the Advanced Clean Truck (ACT) rule. It was one of three Congressional Review Act resolutions that Congress passed and President Trump signed to block CARB vehicle emissions waivers.

President Trump signed congressional resolutions of disapproval rescinding EPA waivers that allowed the California Air Resources Board (CARB) to impose vehicle emission standards stricter than federal requirements. NEFI President & CEO Jim Collura attended the signing ceremony at the White House alongside coalition partners who fought the overreaching truck emission mandates, including Rob Underwood from EMA, Steve Kaminksi of NPGA, and David Fialkov of NATSO.

The rescinded waivers prevent California and ten other states from enforcing the Advanced Clean Trucks (ACT) rule, which would have required truck manufacturers to sell zero-emission vehicles as an increasing percentage of annual sales from 2024 to 2035. The waivers also enabled states to adopt strict NOx emission rules for heavy trucks and effectively ban gas-powered car sales by 2035. Maryland, Massachusetts, Vermont, and Oregon had already delayed implementing ACT requirements due to federal efforts to rescind the waivers.

NEFI joined state heating fuel associations, trucking groups, and a broad coalition of energy, agriculture, and transportation organizations supporting the Congressional Review Act resolutions.

“It was an honor to be there. This is a major victory for our industry and consumers who would have faced higher costs and supply shortages,” said Collura. “The U.S. supply chain and infrastructure are simply not ready to support these
mandates.”

In March, the coalition highlighted critical concerns about costs, supply chain disruptions, and inadequate charging infrastructure for commercial EVs. The House and Senate passed these resolutions earlier this spring. For NEFI members in affected states, the newly enacted resolutions could provide immediate and lasting relief.

“Immediately after the ceremony, I spoke briefly with Energy Secretary Chris Wright about some of the challenges we face from electrification in the thermal sector. His staff and I exchanged contact information, and we are working to set up a meeting. We will keep you posted on how that goes,” Collura added.

A key legal question remains whether EPA waivers qualify as “final agency rules” under the statute used to rescind the waiver, known as the Congressional Review Act. The Senate Parliamentarian ruled they do not, but Senate Majority Leader John Thune overruled that opinion to allow the floor vote.

California and ten other states have already filed suit challenging the legality of the waiver recission. If courts overturn the rescissions, EPA must conduct new rulemaking to withdraw the waivers administratively.

The Clean Truck Partnership, which is comprised of major truck manufacturers who agreed to comply with ACT requirements even if waivers were rescinded, now faces legal pressure. With regulatory cover removed, the partnership must defend their agreement as commercial cooperation rather than price-fixing.

Nebraska’s Attorney General and several petroleum marketer and renewable fuel associations, including Energy Marketers of America (EMA), have sued the partnership, claiming it violates antitrust law by reducing internal combustion vehicle inventory and inflating prices in non-ACT states.

Related Posts