Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions".

SI-generated grade · five published checks · not individually reviewed by a person · methodology

HJRES 35 uses lawful congressional oversight to nullify an EPA methane fee rule, reducing federal exactions and compliance control without infringing rights, taking property, or consolidating power. It is a constitutional rollback of executive action.

• ✓ Passes · Enumerated powers
  Congress acts within explicit authority. Article I, Section 7 gives Congress lawmaking power including approval or disapproval of executive rules, and Article I, Section 8, Clauses 3 and 18 support regulation of interstate commerce and laws necessary and proper to check executive implementation. The Congressional Review Act, chapter 8 of title 5, United States Code, is the statutory vehicle. Disap…
• ✓ Passes · Bill of Rights
  This resolution infringes no right in Amendments 1-10. It imposes no restriction on speech, religion, press, assembly under the First Amendment, no restriction on arms under the Second Amendment, and no search, seizure, or surveillance implicating the Fourth Amendment. By nullifying an annual emissions charge and related compliance mandates, it reduces Fifth Amendment property and due process burd…
• ✓ Passes · Individual sovereignty
  The resolution lessens federal restraint on use of private property, labor, and enterprise by eliminating a per-ton waste emissions charge and associated netting and exemption compliance regime. No new compulsion on person, speech, belief, or labor is imposed. Any residual state authority must still justify restrictions, but this federal action expands rather than contracts sovereignty.
• ✓ Passes · Decentralization
  Individuals and local counties cannot directly regulate interstate oil and gas system methane accounting, so questions 1-2 are no. States can regulate local production facilities under their police powers, so question 3 is yes. The action does not consolidate power upward; it removes a federal charge and returns discretion to operators, states, and Congress under the Tenth Amendment, so question 4…
• ✓ Passes · Due process and takings
  No taking or punishment without process occurs here. Under the Fifth Amendment Due Process and Takings Clauses, repealing a federal fee that operated as a property exaction without individualized adjudication reduces takings concern and restores notice and legislative authorization requirements. No person is deprived of life, liberty, or property by this disapproval.

Sources: Congress.gov: HJRES 35 summary