Top agency staffer trying to block crucial Trump directive once managed DEI team

"A far-left radical whose main job is pushing DEI nonsense is trying to undermine American prosperity. What a surprise. These bad actors should be removed from government swiftly," Sen. Jim Banks, R-Indiana., told Fox News Digital in a statement. 

While some Republicans discredit Emmanuelli Perez's decision as "DEI nonsense," other Republicans denied the "democratic legitimacy" of banning California's gas vehicles without a vote. Rep. Kevin Kiley, R-Calif., told Fox News Digital the House will move forward with a Congressional Review Act resolution regardless of the GAO decision. 

"The GAO's conclusion that California can ban 95 percent of the state's cars, without a vote of the Legislature and with no recourse from Congress, defies basic notions of democratic legitimacy and common sense. We will be moving forward with our Congressional Review Act resolution to reverse this insane ban and restore choice for California consumers," Kiley said in a statement. 

Emmanuelli Perez shut down any insinuation from Republicans that she ruled independently on the case, telling Fox News Digital in a statement that the GAO's decisions are "institutional, not individually authored, products."

The GAO released its decision earlier this month in response to a request from Congress on whether EPA waivers that grant California permission to enforce its 2035 gas car ban are subject to the Congressional Review Act (CRA). 

The GAO determined that California's EPA waiver is not subject to the CRA, so Congress cannot use the CRA to overturn California's aggressive zero-emission goals. Kiley, however, has committed to moving forward with the CRA despite the GAO's ruling. 

The Trump administration announced the EPA waiver transmitted to Congress included "California's Advanced Clean Cars II, Advanced Clean Trucks, and Omnibus NOx rules," arguing the waivers on trucks increased the cost of vehicles, goods, and therefore, the cost of living for Americans.  

"The Biden Administration failed to send rules on California's waivers to Congress, preventing Members of Congress from deciding on extremely consequential actions that have massive impacts and costs across the entire United States. The Trump EPA is transparently correcting this wrong and rightly following the rule of law," Zeldin said alongside the president in the Oval Office. 

Following Zeldin and Trump's announcement, Sens. Sheldon Whitehouse, D-R.I., Alex Padilla, D-Calif., and Adam Schiff, D-Calif., requested a legal decision from the GAO on whether the EPA's decision to grant California waivers under the Clean Air Act could be overturned using the CRA. 

The Democratic senators championed the GAO's ruling and slammed the Trump administration for trying to eliminate the "California emission standards [that] have protected generations of Americans against fossil fuel emissions."