Joined by 12 trade associations, pro-business organization seeks dismissal of Newsom’s complaint, citing lack of subject matter jurisdiction and failure to state any cognizable claim
Washington D.C. – Today, the American Free Enterprise Chamber of Commerce (AmFree Chamber) led a powerful coalition of trade associations in opposition to California’s attempt to restore the state’s unfeasible and damaging electric vehicle (EV) sales mandates. Filed in the Northern District of California, AmFree Chamber moved to intervene in California’s challenge to three bipartisan Congressional Review Act (CRA) resolutions (H.J. Res. 88, H.J. Res. 87 and H.J. Res. 89) that block California’s ability to enforce its radical EV mandates. AmFree Chamber intends to defend the validity of these duly enacted laws to ensure that California remains preempted from enforcing its extreme transportation agenda to ban the internal-combustion engine, which threatens hardworking entrepreneurs and businesses across the nation.
At issue is California’s effort to phase out gas-powered cars by 2035, which also triggered 11 other states to follow suit and which would ban sales of new internal-combustion engine cars and light trucks in about 30% of the U.S. market by 2035. California’s efforts would also dramatically shrink the availability of new heavy-duty gasoline and diesel trucks over the next decade, undermining the trucking fleets that are the backbone of the nation’s freight and logistics operations. California can only enforce it standards if the U.S. Environmental Protection Agency (EPA) allows it to. In midnight regulatory actions, the Biden EPA gave California the go-ahead through a series of “waivers.” But bipartisan majorities in Congress disagreed and passed CRA resolutions repealing those waivers. President Trump signed those repeals into law in June 2025. Within hours, California and 10 other progressive states that had adopted California’s mandates sued.
AmFree Chamber argues that the “entire complaint should be dismissed with prejudice,” observing that the court lacks jurisdiction for at least three reasons:
- The CRA expressly shields any aspect of the CRA process from judicial review
- California lacks “standing” for their challenge
- Courts have no constitutional authority to interfere with the internal workings of Congress.
Whether to use the procedures provided under the CRA—or any other procedures—to pass a law is a determination the Constitution reserves to Congress, which the courts are powerless to second guess. AmFree Chamber also argues that California’s claims are meritless, since Congress properly used the CRA to invalidate the Biden EPA waivers.
“President Trump and members of Congress deserve tremendous credit for putting California’s EV mandates on the trash heap where they belong,” said Gentry Collins, CEO of AmFree Chamber. “If allowed to move forward, these onerous regulations would have been catastrophic for the U.S. economy. Electric vehicles are more expensive, unfeasible and threaten the automotive industry, workers, and the millions of ordinary Americans who depend on cars and trucks with internal combustion engines every day. Just because Governor Newsom doesn’t like the outcome doesn’t mean he can weaponize the courts to subvert the will of elected representatives who answer to voters.”
Read the entire motion to intervene and motion to dismiss here.
AmFree Chamber is represented by Boyden Gray PLLC.
Groups joining AmFree Chamber’s legal motion include: the Illinois Corn Growers Association, Indiana Corn Growers Association, Iowa Corn Growers Association, Kansas Corn Growers Association, Kentucky Corn Growers Association, Michigan Corn Growers Association, Missouri Corn Growers Association, Nebraska Corn Growers Association, Tennessee Corn Growers Association, Texas Corn Producers, Wisconsin Corn Growers Association, and National Corn Growers Association.
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About AmFree Chamber
The American Free Enterprise Chamber of Commerce (AmFree Chamber) is a trade organization representing American businesses of all sizes. It is dedicated to advancing the principles of free enterprise, free markets, limited government, and American leadership globally. AmFree Chamber is chaired by the Honorable Terry E. Branstad, who previously served as Ambassador to China and was the longest serving Governor in American history.
AmFree Chamber has members representing dozens of industries and from across the United States. Since its founding in 2022, AmFree Chamber has aggressively represented its members’ interests through legislative outreach, regulatory comments, and judicial briefing.