Congressman Griffith's Weekly E-Newsletter 11.9.15

Energy, EPA, Jobs

Last week, my colleagues and I on the Energy and Power Subcommittee passed two Resolutions of Disapproval (H.J.Res 71 and H.J.Res 72) under the Congressional Review Act (CRA) to block two final rules for new and existing power plants issued by the Environmental Protection Agency (EPA).  

As described by the Congressional Research Service, the CRA “…is an oversight tool Congress can use to overturn certain agency actions.  The CRA requires agencies to report the issuance of ‘rules’ to Congress and provides Congress with special procedures under which to consider legislation to overturn rules, in the form of a joint resolution of disapproval. ... If a CRA joint resolution of disapproval is approved by both houses and signed by the President, or if Congress overrides a presidential veto, the rule at issue cannot go into effect or continue in effect.”

Additionally, “When a CRA joint disapproval resolution meets certain criteria, it cannot be filibustered in the Senate.”

The Congressional Research Service notes that the CRA process has been used to overturn one rule, but regardless, it is an important, powerful tool for Congress to have.

The Senate needs to join us in this fight, and I am encouraged that bipartisan Resolutions of Disapproval have been introduced there as well.  This process is the best chance we have of getting legislation on the President’s desk to protect consumers of electricity and our mining jobs from a regulatory cap-and-trade scheme imposed by unreasonable, unelected bureaucrats at the EPA.

Speaking of EPA bureaucrats, last week I reintroduced the EPA Maximum Achievable Contraction of Technocrats (MACT) Act, H.R. 3939, which would reduce EPA staffing levels by 15 percent over 3 years to bring EPA staffing closer to its historic staffing levels.  EPA regulators are waging a war on common sense, American manufacturers, jobs, and more.  Real businesses have closed and real people lost their jobs as a result of unreasonable EPA actions.  The American people need some relief without delay.

As you may remember, I crafted EPA MACT to reflect the same “opportunities” for the EPA that the EPA has over the last few years given to businesses they regulate.  Many of the regulations proposed by the EPA during this Administration have given businesses three years to come into compliance.  Often there is a process to appeal if the business can’t comply for an extension of one year.  If EPA MACT were to pass and the EPA could not make the reductions through attrition, I am sure Congress would listen to the EPA’s appeal to lengthen their compliance time.  Likewise, I have no doubt Congress would listen to their concerns.

This year, I am proud to be joined in introducing this legislation by Congressmen Bob Goodlatte (VA-06), Dr. Phil Roe (TN-01), Mike Kelly (PA-03), Evan Jenkins (WV-03), and Alex Mooney (WV-02).

While I appreciate the Congressional support, I am saddened and disappointed by Virginia Attorney General Mark Herring’s recent announcement that the Commonwealth is joining in a legal effort to support the Obama Administration’s so-called Clean Power Plan regulations for new and existing power plants.  Many, including liberal law professor Laurence Tribe, believe this plan is an unconstitutional example of bureaucratic overreach.

Regrettably, the Attorney General is not willing to simply remain neutral or voice his opinion but not take action.  Instead, he will spend Virginians’ taxpayer dollars on legal action in defense of a policy that will likely lead to higher electric rates and further job loss in Southwest Virginia.  I found it surprising that the Attorney General of all of Virginia has taken this position, since it will hurt the working poor and an entire region of the state.  As you know, a part of the Commonwealth’s obligation is to make sure that all regions have basic K-12 education needs met.  With the job losses and loss of dollars from the coal severance tax, I suspect more money will have to be sent from the state to Southwest Virginia to meet that constitutional requirement.

But it’s not just Southwest Virginia that suffers.  Jobs across the Commonwealth are affected, and coal exports from the Port of Norfolk are down by a third over the last year.

Though Virginia’s Attorney General seems not to care about jobs in our region, rest assured the fight against the war on coal will continue.

If you have questions, concerns, or comments, feel free to contact my office.  You can call my Abingdon office at 276-525-1405 or my Christiansburg office at 540-381-5671.  To reach my office via email, please visit my website at www.morgangriffith.house.gov.  Also on my website is the latest material from my office, including information on votes recently taken on the floor of the House of Representatives.

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