Constitution Index · H.J.Res. 35 · 2025-02-04

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".

Latest official status (2025-03-14): Became Public Law No: 119-2.

Official source ↗

Constitutional grade

A

Constitutional

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.

Article I, Section 7 Article I, Section 8 Amendment I Amendment II Amendment IV Amendment V Amendment X

SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com

The five checks

Enumerated powers · passes

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. Disapproving an agency rule returns power to the legislature rather than asserting new unenumerated federal power.

Bill of Rights · passes

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 burdens rather than creating them.

Individual liberty · passes

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.

Decentralization · passes

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 is no consolidation.

Due process and takings · passes

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.

Provenance

Grade ID
219
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-08 10:50 UTC
Engine
primary SI engine
Source fetched
2026-10-08 09:43 UTC
Source SHA-256
79fd50e62aed707fce6a5375c2997a56cfbd7f1dae46bc6a75113967498846cd
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #219 2026-10-08 vfa-constitutional-grade/1.0 79fd50e62aed current

Cite this

Values for America. “Constitutional grade: H.J.Res. 35, 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"..” VFA Constitution Index, grade 219 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/219. Accessed 2026-10-19.

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