WASHINGTON— Senate Republicans agreed today to override Senate rules and use the Congressional Review Act to block California’s clean car waivers, which allow the state to set stronger standards to protect people and wildlife.

The action, expected Wednesday, would be illegal. Both the Government Accounting Office and the Senate parliamentarian ruled that the waivers are not subject to the CRA since they are adjudicatory orders, not rules.

“The Senate vote would be illegal and a fundamental betrayal of democracy. Republicans plan to kill clean air protections based on a lie about the law,” said Dan Becker, director of the Center for Biological Diversity’s Safe Climate Transport Campaign. “In their fervor to repay Big Oil and Big Auto campaign donors, Republicans are willing to defy the law, poison the air and cook the planet. We’re now witnessing one of the greatest payoffs in history.”

Congress voted decades ago to allow California, with the nation’s most smog-choked cities, to adopt stronger vehicle air pollution standards than the federal government as long as the EPA grants the state a waiver under the Clean Air Act. The EPA has issued these waivers to California more than 100 times. Although California’s waivers have dramatically improved air quality, more work needs to be done. Five of the 10 cities with the country’s worst smog pollution are in California.

“This vote will set a dangerous precedent of overturning state law protecting tens of millions in California and 11 other states that have adopted its strong clean air protections,” said Becker. “Trump and his congressional allies have declared war on the environment and this is the first major legislative battle.”

The EPA has also proposed rollbacks of 31 anti-pollution rules that would deal a huge blow to public health and the climate to benefit polluters.