Environment, Manufacturing, & Critical Materials

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Oversight and Acoountability Committee Chair James Comer (R-KY) sent letters to eight federal agencies today following the recent Supreme Court decision on Loper Bright Enterprises v. Raimondo , in which the court overruled Chevron deference. Science, Space, and Technology Committee Chair Frank Lucas (R-OK) and House Agriculture Committee Chair GT Thompson (R-PA) joined Chairs Rodgers and Comer on an additional letter sent to the Environmental Protection Agency. KEY LETTER EXCERPT: “We write to call to your attention Loper Bright Enterprises v. Raimondo, a recent Supreme Court decision that precludes courts from deferring to agency interpretations when the statutes are ambiguous. In its decision, the Court explicitly overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required deference to agency interpretations of ambiguous statutes. By allowing such deference, the Court in Chevron enabled the ‘Administrative State’ to usurp the legislative authority that the Constitution grants exclusively to Congress in Article I. The Chevron decision led to broader, more costly and more invasive agency regulation of Americans’ lives, liberty, and property.   “Perhaps no administration has gone as far as President Biden’s in issuing sweeping Executive edicts based on questionable assertions of agency authority. The Biden administration has promulgated far more major rules, imposing vast costs and paperwork burdens, than either its most recent predecessors. Many of these rules...have been based on overreaching interpretations of statutes enacted by Congress years ago, before the issues now regulated were even imagined.   “The expansive Chevron deference has undermined our system of government, creating an unaccountable Administrative State. Thankfully, the Court has now corrected this pattern, reaffirming that ‘[i]t is emphatically the province and duty of the judicial department to say what the law is.’ Given the Biden administration’s record of agency overreach, we are compelled to underscore the implications of Loper Bright and remind you of the limitations it has set on your authority.”   CLICK HERE to read the letter to the Environmental Protection Agency. CLICK HERE to read the letter to the Federal Communications Commission.  CLICK HERE to read the letter to the Consumer Product Safety Commission.  CLICK HERE to read the letter to the Federal Trade Commission.  CLICK HERE to read the letter to Department of Commerce.   CLICK HERE to read the letter to the Department of Energy.  CLICK HERE to read the letter to the Federal Energy Regulatory Commission.  CLICK HERE to read the letter to the Nuclear Regulatory Commission.  CLICK HERE to read the letter to the National Highway Transportation and Safety Administration.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Environment, Manufacturing, and Critical Materials Subcommittee Chair Buddy Carter (R-GA) sent Environmental Protection Agency (EPA) Administrator Michael Regan a letter demanding additional details regarding the agency’s efforts to designate additional per- and polyfluoroalkyl (PFAS) substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). KEY LETTER EXCERPT: “We are particularly concerned with the scope of any new designations made by EPA, including the EPA’s ability to obtain and use the data necessary to understand the technical and economic feasibility of such a designation. “The Agency’s purposeful cooperation with scientific experts, who know these substances, is relevant to the cleanup levels for which those sites might be subject and will, ultimately, determine how quickly these sites will be cleaned up under CERCLA’s strict, joint and several, and retroactive liability scheme. For these reasons, it is imperative this Committee follow up with you and seek additional information about the potential scope of additional actions under CERCLA to address PFAS releases.”   BACKGROUND: PFAS are not a single chemical, but rather an entire group of 14,000 synthetic chemicals used in a wide variety of common applications.   On April 17, 2024, the EPA designated two PFAS substances, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under CERCLA.   During Administrator Regan’s appearance before the Committee on Energy and Commerce’s Subcommittee on Environment, Manufacturing, and Critical Materials, he was asked if the EPA would designate PFAS substances beyond PFOA and PFOS as “hazardous substances.” In response, he stated, “We will.” Later, the EPA stated the agency “will go through a rulemaking process” for the designation of additional PFAS chemicals as CERCLA hazardous substances.  Given that PFOA and PFOS are just a fraction of the entire PFAS class, the Chairs are demanding details regarding the EPA’s efforts to designate additional PFAS chemicals as hazardous substances under CERCLA, and whether they will be transparent with the public regarding those efforts. CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) Ranking Member Frank Pallone Jr. (D-NJ), Senate Environment and Public Works (EPW) Committee Chair Tom Carper (D-DE), and Ranking Member Shelley Moore Capito (R-WV), today celebrated President Joe Biden’s signing of S. 870, which includes the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act , into law.  “The Energy and Commerce Committee has a rich history of advancing major bipartisan solutions, and I’m extremely proud that our years of hard work to strengthen American nuclear energy have paid off with this significant legislation that will improve energy reliability and reduce costs for American families and businesses,” said Chair Rodgers. “This is a major victory for the American people and will help cement U.S. energy leadership for decades to come. I want to thank everyone who has worked tirelessly to get this legislation signed into law, especially the Chair of our Energy Subcommittee and bill author Rep. Jeff Duncan.”  “Nuclear power plays an important role in producing carbon-free power for our electric grid, and now our nuclear industry will have the framework it needs to strengthen America’s energy leadership,”  said Ranking Member Pallone.  “By ensuring we can deploy safer and more reliable nuclear power, the ADVANCE Act will help combat our dependence on dirty fossil fuels, strengthening our energy independence and securing our economic security. I’m grateful to have worked alongside my colleagues to get this across the finish line.” “Today is a momentous day for our climate and America’s clean energy future,” said Chairman Carper . “The urgency of the climate crisis demands a swift transition to cleaner energy sources. Fortunately, the ADVANCE Act  will support this transition. This bipartisan law will strengthen our energy and national security, lower greenhouse gas emissions and create thousands of new jobs, while ensuring the continued safety of this zero-emissions energy source. I’m thankful to each of my colleagues who helped write and pass this bill and to President Biden for signing it into law.” “With the ADVANCE Act being signed into law, we secured a landmark win for the future of nuclear energy here in America,”  Ranking Member Capito said. “Getting substantive, bipartisan policy across the finish line isn’t always easy, but this is the result of years of work to build widespread consensus about the benefits of advanced nuclear reactors to our electric grid, economy, and environment. I’m thrilled the ADVANCE Act is now law to enable the deployment of new nuclear and help keep the United States as the world’s nuclear energy leader.”

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Oversight and Acoountability Committee Chair James Comer (R-KY) sent letters to eight federal agencies today following the recent Supreme Court decision on Loper Bright Enterprises v. Raimondo , in which the court overruled Chevron deference. Science, Space, and Technology Committee Chair Frank Lucas (R-OK) and House Agriculture Committee Chair GT Thompson (R-PA) joined Chairs Rodgers and Comer on an additional letter sent to the Environmental Protection Agency. KEY LETTER EXCERPT: “We write to call to your attention Loper Bright Enterprises v. Raimondo, a recent Supreme Court decision that precludes courts from deferring to agency interpretations when the statutes are ambiguous. In its decision, the Court explicitly overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required deference to agency interpretations of ambiguous statutes. By allowing such deference, the Court in Chevron enabled the ‘Administrative State’ to usurp the legislative authority that the Constitution grants exclusively to Congress in Article I. The Chevron decision led to broader, more costly and more invasive agency regulation of Americans’ lives, liberty, and property.   “Perhaps no administration has gone as far as President Biden’s in issuing sweeping Executive edicts based on questionable assertions of agency authority. The Biden administration has promulgated far more major rules, imposing vast costs and paperwork burdens, than either its most recent predecessors. Many of these rules...have been based on overreaching interpretations of statutes enacted by Congress years ago, before the issues now regulated were even imagined.   “The expansive Chevron deference has undermined our system of government, creating an unaccountable Administrative State. Thankfully, the Court has now corrected this pattern, reaffirming that ‘[i]t is emphatically the province and duty of the judicial department to say what the law is.’ Given the Biden administration’s record of agency overreach, we are compelled to underscore the implications of Loper Bright and remind you of the limitations it has set on your authority.”   CLICK HERE to read the letter to the Environmental Protection Agency. CLICK HERE to read the letter to the Federal Communications Commission.  CLICK HERE to read the letter to the Consumer Product Safety Commission.  CLICK HERE to read the letter to the Federal Trade Commission.  CLICK HERE to read the letter to Department of Commerce.   CLICK HERE to read the letter to the Department of Energy.  CLICK HERE to read the letter to the Federal Energy Regulatory Commission.  CLICK HERE to read the letter to the Nuclear Regulatory Commission.  CLICK HERE to read the letter to the National Highway Transportation and Safety Administration.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Environment, Manufacturing, and Critical Materials Subcommittee Chair Buddy Carter (R-GA) sent Environmental Protection Agency (EPA) Administrator Michael Regan a letter demanding additional details regarding the agency’s efforts to designate additional per- and polyfluoroalkyl (PFAS) substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). KEY LETTER EXCERPT: “We are particularly concerned with the scope of any new designations made by EPA, including the EPA’s ability to obtain and use the data necessary to understand the technical and economic feasibility of such a designation. “The Agency’s purposeful cooperation with scientific experts, who know these substances, is relevant to the cleanup levels for which those sites might be subject and will, ultimately, determine how quickly these sites will be cleaned up under CERCLA’s strict, joint and several, and retroactive liability scheme. For these reasons, it is imperative this Committee follow up with you and seek additional information about the potential scope of additional actions under CERCLA to address PFAS releases.”   BACKGROUND: PFAS are not a single chemical, but rather an entire group of 14,000 synthetic chemicals used in a wide variety of common applications.   On April 17, 2024, the EPA designated two PFAS substances, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under CERCLA.   During Administrator Regan’s appearance before the Committee on Energy and Commerce’s Subcommittee on Environment, Manufacturing, and Critical Materials, he was asked if the EPA would designate PFAS substances beyond PFOA and PFOS as “hazardous substances.” In response, he stated, “We will.” Later, the EPA stated the agency “will go through a rulemaking process” for the designation of additional PFAS chemicals as CERCLA hazardous substances.  Given that PFOA and PFOS are just a fraction of the entire PFAS class, the Chairs are demanding details regarding the EPA’s efforts to designate additional PFAS chemicals as hazardous substances under CERCLA, and whether they will be transparent with the public regarding those efforts. CLICK HERE to read the full letter.

Washington, D.C. — In a new letter, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), House Foreign Affairs Committee Chair Michael McCaul (R-TX), Senate Foreign Relations Committee Ranking Member Jim Risch (R-ID), and Senate Environment and Public Works Committee Ranking Member Shelley Moore Capito (R-WV) are pressing Secretary of State Antony Blinken to clarify the leadership structure of the Biden administration as it sets climate policy on the international stage.  BACKGROUND :  In January 2024, the White House announced that Secretary John Kerry would be leaving the Special Presidential Envoy for Climate (SPEC) role and that John Podesta would “continue to lead […] global climate efforts” by assuming the role of Senior Advisor to the President for International Climate Policy  Rather than nominate Mr. Podesta to the SPEC role, which would require confirmation with the advice and consent of the Senate under legislation signed into law in 2021, President Biden appointed Mr. Podesta to a new position based in the White House that appears to have striking similarities to the SPEC role previously held by Secretary Kerry.  As the Republican leaders of the House Energy and Commerce Committee and the Senate Environment and Public Works Committee described in a March 5, 2024, letter to President Biden, the administration appears to be deliberately evading congressional oversight of its international climate policy by appointing Mr. Podesta to an advisory position in the White House.  The response from the White House Counsel’s office to the Committees stated, “On January 31, 2024, the White House announced President Biden’s appointment of Mr. Podesta to serve as Senior Advisor to the President for International Climate Policy. Mr. Podesta now leads interagency coordination of the Administration’s international climate policy agenda.”  It also stated, “Mr. Podesta’s role is not a replacement for SPEC, and the State Department will continue to lead international climate diplomacy, including negotiations, for the United States.”  Despite the White House’s assertion that Mr. Podesta would coordinate “interagency” efforts, he has met with foreign leaders on at least two occasions since assuming his new position.  KEY EXCERPT :  “Mr. Podesta’s coordination with the SPEC office and international representation of the United States in meetings with foreign leaders to discuss international climate policy appear to far exceed the characterization of Mr. Podesta’s role in the initial response to the Committees as merely leading ‘interagency coordination’ for the administration’s international climate policy.  “In light of this apparent overlap of duties between what Secretary Kerry undertook as the SPEC and what Mr. Podesta is now undertaking as a ‘Senior Advisor,’ we request information on the roles and responsibilities of the SPEC and the Senior Advisor to the President for International Climate Policy, as well as information on ongoing or planned coordination between these two entities.”  CLICK HERE to read the full letter.