[LETTER] Oppose S.J. Res. 208 and all other illegitimate CRAs disapproving of EPA’s Clean Air Act Waivers (S.J. Res. 205, 206, 207, 209, 210)

Ahead of the anticipated vote on S.J. Res. 208, which would eliminate the Environmental Protection Agency’s (EPA’s) waivers issued under the Clean Air Act for air pollution limits that allow states to address their unique air quality challenges, the League of Conservation Voters (LCV) urged members of the Senate to oppose the bill. LCV will strongly consider including these votes in our 2026 National Environmental Scorecard.

Read the full letter below.

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September 16, 2026

United States Senate

Washington, DC 20510

Re: Oppose S.J. Res. 208 and all other illegitimate CRAs disapproving of EPA’s Clean Air Act Waivers (S.J. Res. 205, 206, 207, 209, 210)

Dear Senator:

The League of Conservation Voters (LCV) believes that everyone has a right to clean air, clean water, public lands, and a safe climate protected by a just and equitable democracy. Each year, LCV publishes the National Environmental Scorecard, which details the voting records of members of Congress on environmental legislation. The Scorecard is distributed to LCV members, concerned voters nationwide, and the media.

LCV urges you to vote NO this afternoon on the illegal Congressional Review Act (CRA) resolution of disapproval S.J. Res. 208, which seeks to dirty communities’ air and hand the oil and gas industry even bigger profits. Along with S.J. Res. 208, S.J. Res. 205, 206, 207, 209, and 210 seek to eliminate the Environmental Protection Agency’s (EPA’s) waivers issued under the Clean Air Act for air pollution limits that allow states to address their unique air quality challenges.

Eliminating these state preemption waivers would undermine clean air standards that help to reduce health-harming transportation pollution, reduce the cost of operating vehicles, and address the climate crisis. Additionally, if Congress uses the CRA improperly to disapprove of these waivers, which federal courts, the Government Accountability Office, and the Senate Parliamentarian all have deemed are not rules and are not subject to the CRA, it will lay the groundwork for the normalization of this misuse that opens up a nearly limitless number of government actions to the CRA and infringes on states’ rights. Just last week, a federal court twice halted EPA’s efforts to arbitrarily and capriciously attempt to reclassify these waivers, which are administrative orders applicable only to one state, as rules, which are legally subject to the CRA. Republican leadership has pushed ahead with votes on the illegitimate CRAs, potentially running afoul of the court’s injunction.

Advanced Clean Cars (ACC) I – Reconsideration – S.J. Res 208 (Husted)

• In 2019, the first Trump EPA withdrew waivers for California’s ACC I. A few years later, in 2022, the EPA rescinded this withdrawal and reinstated these waivers.
• This resolution would disapprove of those reinstated waivers. More information about the importance of the ACC I waivers is available below under S.J. Res. 207.
• The decades-old ACC I regulations contain the Low-Emission Vehicles III (LEV III) and Zero-Emission Vehicles (ZEV) programs.
• Cleaner cars aren’t just better for the air, they’re better for family budgets. Cleaner, more efficient vehicles mean fewer trips to the gas station, lower driving costs, and more money in Americans’ pockets, instead of oil company CEOs’ bonuses.
• LEV III regulations include health-harming pollutant emission standards that increase in stringency from model year (MY) 2015–25 and GHG emission standards that increase in stringency from MY 2017–25. The MY 2025 LEV III standards apply to all future model years, so many manufacturers are currently certifying vehicles to those standards.
• The ZEV regulations set annual ZEV sales requirements for MY 2018–25, which coincidentally are being exceeded by over 20 states.
• Automakers are already complying. At the exact moment Americans are in need of relief from high gas prices, GOP leaders in Congress are working to take clean cars off the table. That’s not a coincidence. That’s a choice to ignore Americans’ struggles and make sure oil and gas donors pocket more profits every time prices spike.
• Because of the sizable benefits to consumers and public health, more than a dozen other states have adopted elements of ACC I.

Ultimately, these resolutions would do nothing to address the ongoing transportation affordability crisis in this country. They would deliver even bigger profits to oil and gas companies that are already posting record quarterly profits since President Trump started a war with Iran, and deliver dirtier air for communities. We urge you to REJECT the six illegal Congressional Review Act resolutions; S.J. Res. 208, today, and S.J. Res. 205, 206, 207, 209, and 210 if they come for votes in the future because they will make our air dirtier and send a message to vulnerable frontline communities and everyone who breathes that their health is negotiable when there is a chance to further pad oil and gas profits. LCV will strongly consider including votes related to these resolutions in the 2026 National Environmental Scorecard. If you would like more information, please contact a member of our government relations team.

Sincerely,

Pete Maysmith

President