Judge Blocks the EPA From Sending California's Vehicle Emissions Waivers to Congress for Repeal, Citing "Orwellian Doublethink"

U.S. District Judge Beryl Howell issued a preliminary injunction on Sept. 2, 2026 barring the Environmental Protection Agency from sending four California vehicle emissions waivers to Congress for possible repeal. In June the EPA said the waivers - which let California set standards stricter than federal requirements for cars, trucks and lawn-and-garden equipment, one approved in 2009 - should have been submitted under the Congressional Review Act, a route letting the Senate repeal them by simple majority rather than the 60 votes most legislation requires. California sued, arguing the CRA reaches only regulations and the waivers are not regulations.

Howell wrote that the EPA had asked the court to "engage in Orwellian doublethink," adding that the agency "cannot say one thing to Congress while ignoring any consequence from reclassifying these waivers as rules" and that "such gamesmanship may seem like a clever policy move, but undermines honest compliance with the law."

She directed the EPA to restore the status quo as it stood before June. Lawmakers had been preparing to vote on the waivers as soon as later this month. The EPA did not immediately comment.