H.J.Res. 61 explained · 119th Congress · Became law
Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing".
Cosponsors: 20 (0 D, 20 R) · per Congress.gov, 2026-10-11
Introduced: 2025-02-25
Latest action (2025-05-23): Became Public Law No: 119-14.
What H.J.Res. 61 does, in plain terms
This joint resolution removes emission regulations on hazardous air pollutants under the rubber tire manufacturing source category, specifically from the rubber processing subcategory. The joint resolution nullifies the Environmental Protection Agency (EPA) rule titled National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing, which addresses the decision in Louisiana Environmental Action Network v. EPA (D.C. Cir. 2020) that requires the EPA to address unregulated emissions from a major source category when it conducts the 8-year technology review. The rule implemented emissions standards for the rubber processing subcategory.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-08
SI-generated grade · five published checks · not individually reviewed by a person · methodology
Congress used lawful oversight to nullify an agency emissions rule, acting within enumerated legislative power while infringing no rights, taking no property, and pushing control downward toward states and communities.
-
✓ Passes · Enumerated powers
Congress acts within explicit authority: Article I, Section 8, Clause 18 to make laws necessary and proper for overseeing executive implementation, Article I, Section 8, Clause 3 over interstate commerce affected by manufacturing emissions, and Article I, Section 7 legislative power exercised through the Congressional Review Act. Disapproving an agency rule is a restraint on federal power, not an … -
✓ Passes · Bill of Rights
This resolution removes rather than imposes a federal restriction, so it infringes no right in the first ten amendments. No speech, religion, press, assembly, arms, search, trial, jury, or punishment provision is implicated. Under the First Amendment and Ninth Amendment, reducing a prior restraint on lawful manufacturing and labor favors liberty. No Tenth Amendment violation because it returns pow… -
✓ Passes · Individual sovereignty
The resolution lessens federal restraint on a person's property, labor, and enterprise by removing federal emission standards for the rubber processing subcategory. The burden was on the government to justify the restriction; Congress found the agency rule unwarranted and withdrew it. No belief, speech, bodily autonomy, or use of property is newly restricted. -
✓ Passes · Decentralization
The action moves decision-making downward by nullifying a federal agency rule and leaving control to states, localities, markets, and common-law remedies. While an individual family cannot manage interstate pollutant dispersion alone, a local community or county and especially a state can regulate local plants under state police powers, consistent with the Tenth Amendment reservation to the states… -
✓ Passes · Due process and takings
No person is deprived of life, liberty, or property under the Fifth Amendment Due Process Clause and no property is taken under the Fifth Amendment Takings Clause. The resolution imposes no penalty, no seizure, no forfeiture, and no retroactive liability. It was enacted through bicameralism and presentment under Article I, Section 7, with public notice via chapter 8 of title 5, satisfying procedur…
Sources: Congress.gov: HJRES 61 summary
Report an error in this grade
What should pass
“VFA SI Solution”
No solution yet
A sourced SI draft appears here once it passes automated checks (Constitution citation, source verification, independent SI critic). How publication works.
Related on VFA
For journalists and bloggers
“Embed this grade”
Free to use with the link back. The badge and card update when the grade changes. Embed terms →