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; Ocean-Going Vessels At-Berth; Notice of Decision".

Enumerated powers · passes

Congress has explicit authority to enact this disapproval. Article I, Section 1 vests legislative power in Congress; Article I, Section 7 prescribes the presentment process used by a joint resolution; Article I, Section 8, Clause 3 grants power to regulate commerce with foreign nations and among the several states, which directly covers ocean-going vessels in interstate and foreign commerce; and Article I, Section 8, Clause 18 supports use of the Congressional Review Act at chapter 8 of title 5, United States Code, to disapprove agency actions. Oversight and revision of an EPA decision under the Clean Air Act is therefore within enumerated federal power, not an extra-constitutional assertion.

Bill of Rights · passes

The resolution imposes no restriction on speech, religion, assembly, press, arms, quartering, searches, self-incrimination, trial rights, jury, punishment, or unenumerated rights. First Amendment, Second Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Eighth Amendment and Ninth Amendment are not implicated. It removes a regulatory authorization rather than compelling speech, search, or seizure. Tenth Amendment reserved powers are not infringed because control of foreign and interstate vessel emissions is within federal commerce authority, not a power reserved to the states.

Individual liberty · passes

The resolution restricts no person, property use, speech, labor, or belief. It nullifies an EPA authorization that would have permitted expanded auxiliary-engine emissions controls on additional vessel categories at-berth, thereby reducing prospective compliance burdens on vessel operators, ports, and related labor. The burden justification runs in favor of liberty here: Congress withdraws rather than imposes a restriction, consistent with the Fifth Amendment liberty interest and the Ninth Amendment retention of unenumerated rights.

Decentralization · passes

Ocean-going vessel emissions involve foreign and interstate commerce calling at multiple ports and cannot be managed by individuals, families, or counties without fragmenting control of mobile sources. A single-state add-on standard for vessels in interstate and foreign commerce burdens interstate movement and undermines the uniform federal baseline under Article I, Section 8, Clause 3. Nullifying the EPA authorization restores the uniform minimum federal standard rather than consolidating new power upward, and leaves states free under the Clean Air Act framework otherwise. It therefore operates at the minimum effective level.

Due process and takings · passes

The resolution effects no deprivation of life, liberty, or property under the Fifth Amendment Due Process Clause and effects no taking under the Fifth Amendment Takings Clause. It provides no adjudication against any person, imposes no penalty, search, or seizure, and requires no notice-and-hearing beyond the legislative process itself under Article I, Section 1 and Article I, Section 7. By voiding an authorization, it relieves rather than imposes compliance costs, so no just compensation question arises.