Constitution Index · H.R. 1346 · 2025-02-13
To amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes.
Latest official status (2026-05-14): Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Constitutional grade
B
Mostly sound
HR 1346 is mostly constitutional but has minor federalism concerns. The bill falls within Congress's Commerce Clause authority to regulate interstate fuel markets and air pollution. It does not infringe individual rights or due process. However, nullifying existing state exclusions under the Clean Air Act, even with a reapplication process, creates a temporary federal override of state determinations, raising a mild Tenth Amendment tension. The decentralization test shows unnecessary consolidation at the federal level, though states retain an opt-out mechanism. Overall, the bill is sound with fixable issues.
Amendment X Article I, Section 8, Clause 3 Amendment V
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 has authority under the Commerce Clause (Article I, Section 8, Clause 3) to regulate gasoline volatility and renewable fuel standards because these activities substantially affect interstate commerce. The Clean Air Act is a longstanding exercise of this power. The bill's modifications to the Reid Vapor Pressure waiver and Renewable Fuel Standard are within this scope.
Bill of Rights · passes
The bill does not implicate any of the first ten amendments. It regulates commercial fuel standards and does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process (beyond procedural), fair trial, jury, cruel and unusual punishment, or unenumerated rights. No infringement on the Bill of Rights.
Individual liberty · passes
The bill imposes obligations on commercial entities (fuel retailers, small refineries) rather than directly restricting individual liberty. The Ninth and Tenth Amendments protect unenumerated rights, but economic regulation of this nature does not violate individual sovereignty when applied to businesses engaged in interstate commerce. The burden is on the government to justify restrictions, and here the regulation serves environmental and energy policy goals that are within constitutional bounds.
Decentralization · raises concerns · severity: minor
The bill fails the decentralization test because it consolidates decision-making at the federal level beyond the minimum necessary. An individual or family cannot handle fuel volatility standards (question 1: false). A local community cannot effectively regulate interstate fuel markets (question 2: false). A state could handle this through its own environmental and fuel standards (question 3: true). The bill nullifies existing state exclusions and sets a national waiver, consolidating upward (question 4: true). However, the bill allows states to opt out after enactment, which mitigates the centralization. The Tenth Amendment is not directly violated because the Clean Air Act is a valid exercise of commerce power, but the temporary nullification of state exclusions creates unnecessary federal overreach.
Due process and takings · passes
The bill does not deprive any person of life, liberty, or property without due process. It returns compliance credits to small refineries, which is a benefit, not a taking. The nullification of state exclusions does not involve private property; states are not protected by the Takings Clause. Procedural due process is satisfied because states can reapply for exclusions after enactment. No Fifth Amendment violation.
Provenance
- Congress.gov: HR 1346 summary · fetched 2026-10-07 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #314 | 2026-10-09 | vfa-constitutional-grade/1.0 | 9ef0feb1491e | current |
Cite this
Values for America. “Constitutional grade: H.R. 1346, To amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes..” VFA Constitution Index, grade 314 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/314. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/314
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