- Potential benefitReduces immediate compliance costs for ocean-going vessels and port operators by preventing new at-berth requirements.
- Potential benefitLowers regulatory burden on shipping lines, simplifying operational planning and paperwork.
- Federal agenciesPreserves a single federal or interstate regulatory baseline rather than state-specific standards.
Disapprove EPA At-Berth Ocean-Going Vessel Rule
Referred to the House Committee on Energy and Commerce.
This resolution uses Congress's authority to overturn a recent federal agency rule. It declares that the EPA decision about California's ocean-going vessel at-berth standards has no force or effect. If enacted, the EPA would be barred from issuing a substantially similar rule without new legislation.
California State Nonroad Engine Pollution Control Standards; Ocean-Going Vessels At-Berth; Notice of Decision (88 Fed. Reg. 72461 (October 20, 2023)).
Environmental Protection Agency (EPA)
Under the Congressional Review Act, disapproval resolutions get an expedited process in the Senate that prevents filibusters and allows passage by a simple majority; the joint resolution still must be passed by both chambers and be presented to the President and can be vetoed.
This joint resolution invokes chapter 8 of title 5, United States Code (the Congressional Review Act) to disapprove and nullify an Environmental Protection Agency rule titled "California State Nonroad Engine Pollution Control Standards; Ocean-Going Vessels At‑Berth; Notice of Decision" (88 Fed.
Reg. 72461, Oct 20, 2023).
If enacted, the resolution declares that the specified EPA rule shall have no force or effect.
Very narrow and administratively simple but politically polarized; success hinges on chamber majorities and executive branch willingness to sign.
Relative to its intended legislative type, this joint resolution is a concise and technically sufficient Congressional Review Act disapproval: it names the specific EPA rule, cites the governing statutory authority, and states that the rule shall have no force or effect.
Public health and emissions reductions versus regulatory burden on commerce
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenMay allow higher air pollutant emissions from ships at berth than the EPA-approved standard would have required.
- Potential burdenCould worsen public health outcomes in port communities exposed to ship emissions.
- Local governmentsUndermines California’s ability to implement stricter nonroad engine controls tailored to local needs.
Why the argument around this bill splits.
Public health and emissions reductions versus regulatory burden on commerce
Likely opposes the resolution as an attempt to block state-aligned pollution controls and weaken air quality protections.
Views the EPA decision as supporting public health and environmental justice for port communities.
Mixed view: wants rulemaking to be legally and economically justified.
Will weigh emissions benefits against compliance costs and legal precedent under the CRA.
Likely supports the resolution as a check on perceived federal overreach and to prevent state rules imposing burdensome requirements on interstate commerce.
Sees economic relief for ports and shipping industries.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Very narrow and administratively simple but politically polarized; success hinges on chamber majorities and executive branch willingness to sign.
- Whether the executive will sign or veto
- Majorities in each chamber and leadership prioritization
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Public health and emissions reductions versus regulatory burden on commerce
Very narrow and administratively simple but politically polarized; success hinges on chamber majorities and executive branch willingness to…
Relative to its intended legislative type, this joint resolution is a concise and technically sufficient Congressional Review Act disapproval: it names the specific EPA rule, cites the governing statutory authority, and…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.