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SENATE-JOINT-RESOLUTION 12119th Congress

SENATE-JOINT-RESOLUTION 12: S.J.Res.12 - A joint resolution 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".

Introduced: February 4, 2025
Status: Introduced
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Senate Joint Resolution 12 aims to disapprove a rule established by the Environmental Protection Agency (EPA) concerning waste emissions charges that primarily affect the petroleum and natural gas sectors. The resolution addresses significant themes related to environmental regulation, public health, and the balance of powers between legislative and executive branches. Key provisions include the nullification of the EPA rule, which may lead to reduced regulatory oversight and increased emissions, thereby posing risks to public health and the environment. The implementation of this resolution could occur promptly following its passage, but specific timelines are not detailed. Potential impacts include heightened health risks for individuals and environmental degradation due to decreased regulatory enforcement. This resolution raises constitutional concerns regarding due process and equal protection under the law, implicating Article I, Section 1 (legislative powers), Article II, Section 2 (executive powers), the Fifth Amendment (due process rights), and the Fourteenth Amendment (equal protection). Furthermore, it conflicts with House Joint Resolution 35, which addresses similar issues regarding environmental regulations, indicating a broader legislative effort to challenge EPA authority.

Detailed Analysis

Section 1

Summary
Individual Implications

The resolution disapproves a rule by the Environmental Protection Agency (EPA) that may have implications for individuals, particularly those in the petroleum and natural gas sectors. The rule in question relates to waste emissions charges, which could affect compliance costs and environmental regulations that impact public health and safety.

Constitutional Rights

The resolution may implicate the rights to due process and equal protection under the law, as well as the powers of Congress to regulate commerce and the environment. The disapproval of the EPA rule could affect individuals' rights to a clean environment and public health protections.

Constitutional Concerns

There may be concerns regarding the separation of powers, as Congress is using its authority to disapprove an executive agency's rule. This raises questions about the extent of legislative oversight over executive actions and whether such disapproval undermines the agency's ability to enforce environmental protections.

Key Points

The resolution seeks to nullify an EPA rule that could impose charges on waste emissions from petroleum and natural gas systems. This could lead to reduced regulatory oversight and potentially increase emissions, impacting public health and the environment. Individuals may face increased health risks and environmental degradation as a result of this disapproval.

Existing Legal Context
Conflicting Bills

The resolution conflicts with House Joint Resolution 35, which may address similar issues regarding environmental regulations.

Related Bills

House Joint Resolution 35 overlaps with this resolution, indicating a legislative push against EPA regulations.

Constitutional Provisions
  • Article I, Section 1 - Legislative powers vested in Congress
  • Article II, Section 2 - Executive powers and the role of the President in enforcing laws
  • Fifth Amendment - Due process rights
  • Fourteenth Amendment - Equal protection under the law

Constitutional Analysis

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Legal Framework

The legal framework behind this bill — the statutes it references, the constitutional provisions it implicates, and other bills it relates to.

Related Legislation

100% confidence

both bills seek to disapprove the same EPA rule

90% confidence

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Timeline

February 4, 2025

Bill Introduced

Current

Introduced

June 12, 2026

Last Updated

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