Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Nonroad Engine Pollution Control Standards; Small Off-Road Engines Regulations; Notice of Decision".

This joint resolution is an exercise of Congress's legislative power under Article I, Section 7, for it is presented to the President and requires bicameral approval. The Congressional Review Act merely provides a mechanism by which Congress may disapprove an agency rule through a law of the United States, exactly as the Constitution contemplates. The rule of the Environmental Protection Agency, though delegated statutory authority, remains subject to the sovereign legislature's authority to control executive action through subsequent legislation. As I argued in Federalist No. 16, the laws of …

This bill seeks to disapprove a federal rule that preempts California's own pollution control standards for small off-road engines. Under the Tenth Amendment, powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The Constitution does not grant Congress or the EPA explicit authority to regulate intrastate pollution from nonroad engines, which is a matter of local police power. However, if the rule is based on a valid exercise of Congress's enumerated powers under Article I, Section 8, such a…

This bill exercises the legislative power vested in Congress under Article I, Section 1 by employing a statutory mechanism—the Congressional Review Act—to disapprove an administrative rule. The Constitution grants Congress authority to make laws and to oversee the execution of those laws, and the necessary and proper clause permits the establishment of procedures for reviewing agency actions. As I argued in Federalist No. 51, the separation of powers and checks among departments are essential to preserve liberty; here, Congress checks the Executive's rulemaking through a constitutionally valid…

This bill seeks to disapprove an EPA rule that approved California's nonroad engine pollution standards. Under the Constitution, Congress possesses the power to regulate interstate commerce, which includes the authority to set uniform national standards for emissions that affect commerce among the states. However, the Clean Air Act, as a valid exercise of Congress's commerce power, may delegate to the EPA the authority to waive federal preemption for California's stricter standards, given California's unique circumstances. The question is whether this congressional disapproval, exercised under…