Wins Worth Fighting For: Protecting Consumer Choice

The Fight: Newsom’s 2035 EV Mandate

Back in January, we dug into Governor Gavin Newsom’s 2020 Executive Order N-79-20, which set a bold—and legally enforceable—path for California to phase out all new gas-powered car and truck sales by 2035. That order tasked the California Air Resources Board with crafting regulations, and in 2022, CARB rolled out Advanced Clean Cars II. Starting January 1, 2026, automakers must ensure that 35% of new vehicle sales are zero-emission (all-electric or plug-in hybrid), climbing to 68% by 2030 and 100% by 2035. At the same time, California doubled down on its goal to slash greenhouse gas emissions by 48% below 1990 levels by 2030, extending vehicle emissions-control durability requirements to 15 years or 150,000 miles.

But getting there has proven difficult. Through Q3 of 2024, zero emission vehicles made up just 25.4% of new sales—a mere 0.3-point bump over 2023—far short of the 10-point jump needed to stay on track for 2026. Meanwhile, consumer surveys show 72% of Americans poll that the prices of EVs are too high for them to afford, and 56% doubt California’s grid can handle the load—especially after summer outages hit when EVs accounted for less than 1% of consumption. Auto executives from Toyota to Fisker echoed that the 2035 mandate is a tall order, with manufacturers scaling back EV production in favor of hybrids. All of which begged the question: Is California’s all-electric future realistic—or are we heading for a hard stop?

We also talked about the real-life implications this regulation was already producing, as Newsom’s zero-emission mandate was already having massive consequences for California. We’ve been seeing new regulations that could raise gas prices by up to 65 cents a gallon—on top of already sky-high prices. Local governments are losing control over their own land, with the state forcing clean energy projects into rural communities without their input.

And when it comes to infrastructure, we’re way off track. California needs to build over a million EV chargers by 2030—but we only built 17,000 last year. At $117,000 per charger, that’s a projected $117 billion price tag—money we don’t have in a state already facing a massive deficit.

This is all for a goal that’s not just unrealistic—it’s being pushed down on Californians with no regard for the financial toll or the failures in execution. You can support clean energy and still call out bad policy. And this? This is bad policy.

So, it is safe to say that I am directly opposed to these regulations and to our state basically trying to mandate what consumers want to buy in the marketplace. As I have said before, the government cannot tell consumers what they want. If companies produce a great product, then demand will naturally rise. But, just because the government is forcing car companies to create more of a certain product doesn’t mean that consumers will want that product, and so now you are just forcing private industries to lose money as they sink millions of dollars into research and development for something no one is going to buy. It’s just stupid.

Now, do you remember why I originally covered these EV mandates? Back in January, the Biden Administration took action to approve California’s EV mandates – which is no surprise given Biden’s radical policy track record on climate change and electric vehicles. BUT, President Trump, before he took office later in January, vowed to overturn these approvals and give the choice back to consumers on what car they want to buy, also giving power back to companies for what car they want to produce.

The Win: Senate Revocation

And this, my friends, is where a HUGE WIN has just been announced! We have yet another instance of promises made, promises kept under the Trump Administration, as the United States Senate voted in late May to bar California’s plan to end the sale of gas-powered vehicles by 2035![1]

The U.S. Senate voted 51–44 to revoke this authority. How this works is that this decision nullifies a waiver previously granted by the Environmental Protection Agency under the Clean Air Act, which had allowed California to set stricter vehicle emissions standards than federal regulations.[2] The Senate employed the Congressional Review Act, or CRA, to overturn the EPA's waiver. The CRA permits Congress to repeal federal agency regulations with a simple majority vote. However, this application is contentious; legal experts argue that the CRA is intended for agency rules, not state-specific waivers, making its use in this context unprecedented and legally questionable.[3]

What were the arguments for revoking these mandates? Well, proponents of the repeal, including Senate Republicans and some industry stakeholders, contend that California's mandate imposes undue economic burdens, strains the energy grid, and effectively enforces a de facto national electric vehicle mandate due to the state's significant market influence – which makes sense when you think about how large and influential California is on the rest of the country. They argue that such stringent regulations could limit consumer choice and adversely affect car manufacturers.[4]

California officials do not plan to let this win stand for long, or at least without trying to contest it. Governor Gavin Newsom and Attorney General Rob Bonta have vowed to challenge the decision in court, asserting that it infringes upon state's rights and hampers efforts to combat air pollution and climate change.[5] But, as it stands today, the resolution just has to be passed by President Trump – and I’m recording this episode in late May, so by the time this episode is release he may have already signed the resolution. Especially given his administration's stance on rolling back environmental regulations, it is anticipated that he will sign the measure into law. This development sets the stage for potential legal battles over states' rights and federal authority in environmental policymaking.

The Question of State’s Rights

Now, you know me, you know I advocate for and love state’s rights, local government’s rights – essentially anything small government. So, when you hear that opponents of the Senate’s resolution are citing state’s rights, you’re probably wondering if that applies here, and if so, then if we should agree with the federal government stepping in. Let’s talk about it! There are a few reasons I and others would argue this isn’t strictly a state’s rights issue.

1. The first is because California is basically setting national policy.

Because California’s market is so large, its regulations effectively dictate vehicle policy for the entire country. It isn’t feasible for automakers to produce different types of cars for different states, so many follow California’s lead to keep production costs down. But that effectively undermines the choices of other states and imposes California’s preferences on the rest of the country—which is not “state’s rights,” but overreach. Senator Mark Mullin has been outspoken on this, saying isn’t about California’s rights, but about stopping California from making rules for everyone else.

2. The second reason is that Congress does have the authority to overrule federal agencies.

The resolution passed by the Senate uses the Congressional Review Act, which allows Congress to overturn federal agency actions—and even though this is contested, it is reality that it was the EPA’s waiver that allowed California to impose the mandate – which is a federal agency. So this isn’t entirely just a violation of state sovereignty, but rather a legitimate check on federal bureaucracy. Without the federal agency’s approval, California wouldn’t even be able to pass down the mandates that it did, so it is a matter of federal government approval, not just a state issue.

3. The third reason is that California’s mandate violates the spirit of interstate commerce.

California’s EV policy places undue burdens on interstate commerce by setting up a patchwork of standards that other states and industries are forced to navigate. This is rooted in the Constitution’s Commerce Clause, which gives Congress—not individual states—the power to regulate interstate trade. So, again, this isn’t a state issue, but a federal one.

4. The fourth reason is that environmental policy shouldn’t come at the cost of economic freedom.

Finally, this issue is one of individual liberty and economic impact. California’s mandates could limit consumer choice, increase energy costs, and harm industries dependent on fossil fuels. From this perspective, the involvement of Congress is not about squashing California’s autonomy, but about protecting citizens and markets from top-down mandates that aren’t economically sustainable. Senator Shelley Moore Capito said it well when she said, “I want to be clear, I have no problem with electric vehicles. Consumers should be able to purchase the vehicle of their choice, but I do have a big problem with electric vehicle mandates that replace the will of the consumer and the will of the government,”[6] 

So, do not worry! We are not advocating for big government! In summary, this isn’t about California having the state right to be different—it’s about California forcing everyone else to follow suit. I would argue that the Senate resolution is not federal overreach into a state issue, because we saw this isn’t really even a state issue, but as necessary protection against California’s disproportionate national influence. Plus, the federal government shouldn’t let any state infringe on the rights and freedoms of its citizens, and California has been trying to do exactly that with these mandates.

Real Life Effects of This Win!

It looks like California’s mandates for gas powered and electric cars will be shut down: what does that mean for us? What are the real implications of this?

Well, one great impact is that regulations that increase the cost of fuel — like the ones passed that could raise gas prices by $0.20 to $0.65 per gallon — could be rolled back or weakened. This might offer temporary relief at the pump for California drivers, which is even better after our episode a few weeks ago on how gas prices will be rising anyway due to the closure of oil refineries.

Additionally, when it comes to economics, our state doesn’t have to funnel as much money into things like charging stations. That’s easily billions saved right there! That money can go to better priorities, not this virtue signaling that hurts Californians by wasting money while not actually helping the environment.

But beyond the economic implications, to me, the biggest and best outcome of this is that the free market and consumer choice can reign supreme again. Car manufacturers can produce whatever cars the customer actually wants. Consumers won’t be forced or pressured into buying one type of car the government mandates but can’t sustain. Rural communities don’t have to continue the charade of trying to host clean energy infrastructure without adequate say or support. And any day that the free market reigns supreme over government overreach is a good day, because it recognizes reality, and it supports our freedoms!

This also could mean we see a larger trend away from EVs across the nation. California is the largest auto market in the U.S., and its rules influence what cars manufacturers build and sell. Weakening its mandates could lead to a slower national shift to EVs, which I don’t personally see as a bad thing. Again, this is nohing against EVs. I think new technology is really cool and we should keep advancing it! But this comes down to practicality and what consumers want. Our government should never reach so far into those arenas that they are basically dictating what kind of car you drive – that’s just ridiculous!

SO, what do we take away from all of this? Well, be excited because you won’t be forced to buy an EV if you don’t want to! And we can rest a little more easily knowing our auto industry here in California won’t be absolutely tanked by our government policies. But ultimately, this once again – as we’ve seen with the other wins over the past few weeks as well – underscores the importance of speaking up for change and pushing back on bad policy. This shows us that our voices matter, and that when we elect the right leaders in government, BIG changes can happen! Look at how different this response is under the Trump Administration than it was under Biden. That alone is motivation enough to get out and vote Republican in the next election!

So, we have looked together at why we engage in politics in California, and we have looked at three conservative wins in our state that have directly changed bad policies. Now it’s time to take all of the energy, passion, and excitement that we’ve been stoking during this summer series and turn it into motivation to continue showing up and looking at the hard issues – because those aren’t going anywhere. California is very broken, but we are VERY ready to keep working to fix it! So, celebrate today, and get ready to get back to work tomorrow.

 
References:

[1] Shepardson, David. “US Senate Votes to Block California 2035 Electric Vehicle Rules.” Reuters, May 22, 2025. https://www.reuters.com/sustainability/climate-energy/us-senate-votes-block-california-2035-electric-vehicle-rules-2025-05-22/.

[2] Wise, Lindsay, and Sharon Terlep. “Senate Votes to End California’s EV Mandate.” The Wall Street Journal, May 23, 2025. https://www.wsj.com/politics/policy/senate-vote-end-california-ev-mandate-1ef4fb9b.

[3] Yamashita, Seiji, and Tracy J. Wholf. “Senate Votes to Revoke California’s EV Emissions Waivers.” CBS News, May 22, 2025. https://www.cbsnews.com/news/senate-gop-set-to-revoke-californias-car-emissions-standards-nuclear-option/.

[4] Jalonick, Mary Clare. “Senate Clears Way to Block Clean Air Standards in California | AP News.” AP News, May 22, 2025. https://apnews.com/article/senate-california-emissions-rules-594bc59eb383df4439e9322f67170a11.

[5] Winters, Joseph. “The GOP Says States’ Rights Matter — Unless It’s California.” Vox, May 23, 2025. https://www.vox.com/climate/414243/senate-california-electric-vehicles-gas-car-ban-repeal.

[6] Lazo, Alejandro, and Alejandra Reyes-Velarde. “US Senate Blocks California’S Electric Car Mandate in Historic Vote.” CalMatters, May 22, 2025. https://calmatters.org/environment/2025/05/california-electric-car-mandate-senate-revoke-waiver/.