Mr. President, I, first of all, thank my colleague from the State of Rhode Island and echo his sentiment and his message that Senate Republicans have crossed the line this evening. They have chosen to overrule the Parliamentarian, thrown…
Mr. President, I, first of all, thank my colleague from the State of Rhode Island and echo his sentiment and his message that Senate Republicans have crossed the line this evening. They have chosen to overrule the Parliamentarian, thrown out some rules, rewritten some rules, established new precedents for how this body operates, despite claiming that that was something they were not going to do, despite the majority leader warning earlier this year that this would be akin to killing the filibuster.
But now we have seen it. It is on the record. They have overruled the Parliamentarian not just once but twice. And the Parliamentarian's determination as to whether or not the action taken this evening was in conformance with the rules that we have or not were buttressed by-- again, as my colleague from Rhode Island has explained--the analysis and the findings of the GAO, which we charge with this input.
And so I want to take a moment to just read some excerpts from the GAO, as written to the Senate. And I will submit the entire letter for the Record, but the key excerpts are important to highlight.
From the GAO:
As background to these issues, we issued a legal decision
concluding that a Clean Air Act preemption waiver was not a
rule subject to CRA but was instead an adjudicatory order.
It couldn't be more clear than that.
Furthermore, we explained that even if the waiver were to
satisfy the APA definition of a rule, it would be considered
a rule of particular applicability and, therefore, would
still not be subject to CRA's submission requirement because
of CRA's exclusions.
Just two other elements that, again, I think are in need of being highlighted here because of the significance of the action taken this evening--quoting still from the letter:
EPA stated that the Notices of Decision were not rules
under CRA, and, in the underlying decision documents for two
of those notices, cited to our 2023 decision in support of
that statement. However, EPA submitted them as rules to GAO
and Congress without any explanation of this discrepancy.
Pretty clear.
And, finally, later in their letter:
The agency still did not address the statements in the
notices regarding the inapplicability of the CRA, and, to
date, EPA has not further responded to our letter.
GAO is charged with establishing this review and making a finding. They heard from the parties involved. They did not get responses from the EPA. Why? They must have something to hide. What are they afraid of? And the GAO shared their conclusions which informed the Parliamentarian in their determination: This was inconsistent with the rules.
Not only have Senate Republicans overruled the Parliamentarian this evening, they have also broken the Congressional Review Act, as has been respected for years, all to bypass the filibuster in order to undermine California's efforts to pursue cleaner air for our constituents. And while today the California waivers may be the target, we don't know what comes next.
In previous statements on this issue earlier today and in previous days, I have given examples of, now that the CRA has been applied in this fashion, there is a whole host of adjudicatory decisions by a wide variety of Agencies across the Federal Government that are now fair game.
But for now, let me continue to focus on the waivers in question that Republicans are seeking to overturn. See, I rise not only in opposition to this power play tonight, I rise in the interest of protecting the health of my constituents, the nearly 40 million Californians that I am honored to represent.
Because, colleagues, leaders in California didn't just wake up one day to find some special privileges to establish our own climate policy and impose it upon the rest of the country. And we certainly didn't cheat the system to jam States represented by Republicans in the Senate or in their Governors' mansions. No. California was explicitly granted waivers because of the unique air quality challenges that we face, different than anywhere else in the country.
California was granted these waivers because California, as a whole, and Los Angeles, in particular--the southern California area, the Los Angeles Basin--is uniquely situated to produce some of the most dangerous air pollution in the Nation. So it means that we had to work harder than other States and other regions to protect the health of our residents.
This is not some new liberal agenda. It actually goes back nearly a century with broad bipartisan support. Way back in the summer of 1943, Angelenos actually started to notice a brown haze descending upon the city. People's eyes and throats began to sting from this smoke, and they could no longer see more than a handful of blocks ahead of them, let alone the beautiful skyline or the views of the city around them.
It was actually in the middle of a World War when Americans feared that breakouts of chemical warfare were imminent and many started to wear gas masks as a result. While it didn't take long to learn that there was no chemical attack targeting Los Angeles, it would take researchers years to learn that the true source of the haze was different. Eventually, they learned it wasn't just factories that were pumping black smoke into the sky; it was in large part due to the cars that were being driven.
Now, unfortunately for us, Los Angeles does create the ideal conditions for smog to thrive. Southern California's sunshine along with a booming population of people reliant on car travel and all the exhaust that comes with it combines to make a photochemical reaction that we call smog. But in addition to that, given the beautiful mountains--and you have all seen the scenes--the mountains that surround the Los Angeles area act as a perfect sort of cradle to hold all those pollutants in, encasing the city in a thick haze of pollution.
For all the beauty of our city--most of you have visited, and you have certainly seen images on television and in the movies--generations of Angelenos know what it is like to feel engulfed by the smog around us.
As I began to share earlier today, that includes me. As many of you know by now, I grew up in the community of Pacoima in the San Fernando Valley, the northern part of the city of Los Angeles. And growing up in the 1970s and 1980s--40 years after the gas masks that I spoke about a minute ago--smog was still ever-present in our sky and part of our daily life.
I still remember what it was like being sent home early from school as a kid because the air was too unhealthy for us just to play on the playground--the stinging in our eyes, the tightness in your chest. Yes, when I was growing up, we were more often waking up to air quality forecasts of unhealthy or hazardous than clean. Imagine just the sheer simplicity of trying to take a deep breath, but not being able to because halfway through taking in a deep breath, your chest would tighten up. You literally choke because of the pollution in the air. While we have come a long way, for too many Californians today, that is still a reality. It doesn't have to be that way.
But that is why, decades ago, Congress recognized both California's unique air quality challenges but also its ingenuity, its creativity, the innovation that is in our DNA and granted California the special authority to do something about those unique air quality challenges.
Thanks to the Clean Air Act, which, again, was adopted in an overwhelming bipartisan basis over 50 years ago, California obtained the legal authority to set its own emissions standards because Congress wisely recognized back then that West Virginia and Wyoming are different than California; and their air quality is different; there are significantly fewer cars on the road in Salt Lake City than there are in Los Angeles; and because California was and still is seen as the innovation center of the United States.
So we earned the right to set California standards for California. We are not setting California standards for national standards. I am sure my colleagues in State government wish we had that kind of power and authority, but that is not the case. And it is certainly not California's agenda to impose our standards on States across the country. We are simply seeking to protect Californians.
And, quite frankly, if Members of this body representing the other 49 States in the Nation are worried about some Federal mandate taking effect
because of California's actions, then you should support California's right to set our own State standards. We know that the EPA and the Federal Government has not effectively done its part to rein in pollution.
So from a government standpoint, let me explain why I get so worked up on this. State and local jurisdictions in California have done all they can to push ambitious but implementable regulatory agendas in the country--some of the most ambitious in the country. But we are out of options when it comes to controlling the pollution sources that State and local governments are allowed to regulate.
What is left--the biggest nut to crack--are the mobile sources of pollution--the cars, the heavy-duty trucks, the locomotives, the ships, and the planes that are the key sources of the bad air quality in regions of California. These are industries that only the Federal Government can regulate.
So California has had no option, but we have embraced the challenge to innovate, to advance creative and indirect source rules or rules that, for example, require ships to plug in when docked in our ports to cut down on pollution.
That is why these waivers are so important. They let us get at these mobile sources of pollution that we need to clean up because unless or until the Federal Government gets more ambitious about setting national standards that meet the moment of this climate crisis, at least let California protect Californians.
I am realistic with the times that we are living in. Under this administration, I doubt we will get the assist from the Federal Government over the course of the next 3\1/2\ years.
I want to acknowledge that it was former President Ronald Reagan, when he was Governor of California, who first created the California Air Resources Board. And 3 years later, it was Republican President Nixon who signed amendments to the Clean Air Act into law, fulfilling a promise that he made at that year's State of the Union, that clean air should be the birthright of every American. What a far, far cry from Republican leadership then to the Republican agenda today.
But the bottom line is, colleagues, by supporting this measure, Republicans are simply making it harder for California to improve air quality in California.
As I did yesterday, I also just have to acknowledge what it means for families throughout the State. You see, as the parents of three growing boys--they are not little kids anymore; they are growing--through the course of their upbringing, we have been able to control certain things, like how we feed our kids. We go to the grocery store, and you are shopping for what you are going to prepare for dinner. You have readily accessible information--nutritional information--not just calorie information, protein information, but ingredients of what is in the product you are about to buy. There are certain things that we cannot control, like the ingredients in the air we breathe.
If you are fortunate enough to live in a part of the State of California, in the part of the country with a great air quality index, good for you. But for those who aren't as fortunate and with the assistance of the Union of Concerned Scientists, let me read off a couple of the ingredients that are in the air that we breathe--not just us, our children too.
Particulate matter, defined as follows:
One type of particulate matter is the soot seen in vehicle
exhaust. Fine particles--less than one-tenth the diameter of
a human hair--[it] pose[s] a serious threat to human health,
as it can penetrate deep into the lungs. [Particulate matter]
can be a primary pollutant or a secondary pollutant from
hydrocarbons, nitrogen oxides, and sulfur dioxides. Diesel
exhaust is major contributor to [particulate matter]
pollution.
How is this for another ingredient: volatile organic compounds, known as VOCs, referred to as VOCs:
These pollutants react with nitrogen oxides in the presence
of sunlight to form ground-level ozone, a main ingredient in
smog.
Though beneficial in the upper atmosphere, at the ground
level, this gas irritates the respiratory system, causing
coughing, choking, and reduced lung capacity.
Now, I know I have felt those things as a kid. It is in the science.
VOCs emitted from cars, trucks and buses--which include the
toxic air pollutants benzene, acetaldehyde, and butadiene--
are linked to different types of cancer.
Just a couple more:
Nitrogen oxides.
Which we refer to as NOX.
These pollutants form ground level ozone and particulate
matter. . . . Also harmful as a primary pollutant,
NOX can cause lung irritation and weaken the
body's defenses against respiratory infections such as
pneumonia and influenza.
I can go on and on--carbon monoxide, sulfur dioxide, greenhouse gases--but in the interest of time and given the late hour, let me say this: All of these ingredients are in the air that we breathe, as I just described, but as you heard me say earlier, it is not just our lungs that are at risk; these toxins can permeate into the bloodstream and spread to other parts of the body. That is what is at stake, again, not just for us but for our children.
But for all the dangers that I see around us, I also see opportunity. Thanks to the allowances afforded to California under the Clean Air Act, we have actually made tremendous progress.
As evidence of that, in 2015, USC--the University of Southern California--published a study that said that the reduction of air pollution was paying off; kids were breathing healthier.
Let me read just briefly from their findings, summarized in a National Geographic article from March of 2015 that said:
In the study published in the New England Journal of
Medicine, researchers followed 2,000 kids from five southern
California cities with some of the worst air, including Long
Beach, Riverside, San Dimas, Upland, and Mira Loma. They
focused on kids ages 11 to 15, whose lungs are growing the
most.
While other studies have compared kids from polluted
neighborhoods to those living with cleaner air, the USC team
tracked children from the same communities over 20 years and
correlated their findings with pollution data from local air
monitors. That allowed them to more clearly weed out other
potential factors.
Regardless of race, exposure to cigarette smoke, or factors
like education and pets, kids tested between 2007 and 2011
had healthier lungs than kids the same ages tested between
1994 and 1998.
I will skip some of the additional scientific details and jump to more of the conclusions because during those decades differential in the study, ``California officials set groundbreaking standards that phased out many inefficient car and truck engines and some of the dirtiest fuels for everything from jet skis and lawnmowers to school buses and heavy-duty trucks. Local smog-fighters in the Los Angeles basin forced cleanup of oil refineries, manufacturing plants, and consumer products such as paints and solvents. Other local and state programs offered incentives for replacing old trucks and buses.''
The result: Some of the most problematic pollutants--smog-
forming nitrogen dioxide and fine particles created by
diesel-engine exhaust and other fossil fuels--declined in the
worst neighborhoods by up to 50 percent in 20 years. Maritime
pollution, particularly in neighborhoods near the massive
ports of Los Angeles and Long Beach, also has dropped
substantially.
As a side note, by the way, the two ports referenced in this, the ports of Long Beach and Los Angeles--sister ports in the San Pedro Sports Complex--account for 40 percent of our Nation's imports, those two ports alone. So you can imagine the intensity of the pollution in that specific region, let alone the air quality and health impacts for Californians.
So I go back to, if the Federal Government, through the EPA, isn't willing to step up to meet the challenge of air quality in California, let California take care of Californians. As these studies and reports lay out, California's leadership is working. Kids are breathing cleaner air.
But we still have a lot more work to do. We have a track record of successfully developing and implementing innovative tools to improve lives, but because of what is transpiring here now in the Senate, our progress is now at risk. It is important, it is urgent, it is significant because we still have so much more work to do.
California plans on continuing to exercise our legal authority under the Clean Air Act to protect kids, to set ambitious but achievable goals, to reduce pollution and, yes, Heaven forbid, set an example, set a model, set a path for other States to follow if they wish because no one is forcing California
standards on States that don't voluntarily choose to follow that simple path.
But what I see transpiring here with the overruling of the Parliamentarian and the overturning of these waivers as if they were rules is the Senators from other States, Republican Senators from other States, imposing their will on California. So much for States' rights, I guess.
And I hope you sleep well at night with the consequences of your decisions in the years ahead.
I yield the floor.