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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) released this statement following the Supreme Court’s decision in Ohio v. EPA : “The Supreme Court made the right decision to stay enforcement of the Biden EPA’s harmful rule and to allow completion of judicial review. This decision relieves states of the tremendous costs and harms from complying with a rule that is likely to be overturned. The compliance burdens this rule requires threaten to further undermine electric reliability and raise utility bills for Americans. The agency clearly overstepped its statutory authority to usurp states’ responsibilities for putting together emissions plans to address their responsibilities to neighboring states. I hope this decision compels President Biden to reverse course on his radical rush-to-green agenda and start working with states to bring more reliable, affordable power online, not less.” CLICK HERE to read about Chair Rodgers's April 2024 amicus brief with Senators Capito and Wicker. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issued the following statement after the United States Supreme Court struck down the “Chevron Deference” in Loper Bright Enterprises, et al. v. Raimondo : “Article I of the Constitution established Congress’s role to write the laws of the land—not the Executive Branch. The Supreme Court’s ruling today will help restore the proper balance of power as the Founders envisioned it. Moving forward, major decision-making authority will no longer automatically be deferred to unelected, unaccountable bureaucrats. Power has been placed back in the hands of the American people and their elected representatives, as the Constitution prescribes.” 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) today announced a Full Committee markup of 11 bills this Thursday, June 27.  “The Energy and Commerce Committee is continuing to deliver solutions for the American people. At this week’s markup, we will consider nearly a dozen bills, including legislation to establish a national data privacy and security standard for Americans, protect kids online, extend telehealth services for seniors, continue to incentivize important innovation for pediatric rare diseases, and repeal harmful regulations that are jeopardizing America’s economic and energy security, ” said Chair Rodgers. WHAT: A Full Committee markup of 11 bills. DATE: Thursday, June 27, 2024 TIME: 10:00 AM ET LOCATION: 2123 Rayburn House Office Building LEGISLATION TO BE CONSIDERED: H.R. 7188 , Shandra Eisenga Human Cell and Tissue Product Safety Act (Reps. Moolenaar and Dingell)  H.R. 3433 , Give Kids a Chance Act of 2024 (Reps. McCaul and Eshoo)  H.R. 670 , Think Differently Database Act (Reps. Molinaro and Sherrill)  H.R. 7623 , Telehealth Modernization Act of 2024 (Reps. Carter and Blunt Rochester)  H.J.Res. 163 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule” (Rep. Balderson)  H.J.Res. 136 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles” (Rep. James)  H.J.Res. 133 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3” (Rep. Fulcher)  H.J.Res. 117 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Reconsideration of the National Ambient Air Quality Standards for Particulate Matter” (Rep. Allen)  H.R. 8818 , American Privacy Rights Act of 2024 (Reps. Rodgers, Pallone, Bilirakis, and Schakowsky)  H.R. 7891 , Kids Online Safety Act (Reps. Bilirakis, Bucshon, Castor, Houchin, and Schrier)  H.R. 8449 , AM Radio for Every Vehicle Act (Reps. Bilirakis and Pallone) This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Alex Khlopin with the Committee staff at Alex.Khlopin@mail.house.gov . If you have any press-related questions, please contact Sean Kelly at Sean.Kelly@mail.house.gov and Christopher Krepich at Christopher.Krepich@mail.house.gov . 

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Environment, Manufacturing, and Critical Materials Subcommittee hearing titled “Securing America’s Critical Materials Supply Chains and Economic Leadership.” “Today’s hearing is an opportunity to examine how we reduce our dependence on China and take the steps necessary to maintaining American economic leadership for decades to come. “An important step to achieving this is to significantly increase our domestic production and supply of critical materials, which are foundational to America’s ability to manufacture goods like batteries, electric grid components, semiconductors, and advanced energy technologies, which are crucial to our economic and national security. “If we fail, America will continue to be dangerously reliant upon others for these critical materials, in particular, adversaries, like China, and vulnerable to supply chain disruptions and market manipulation. “It starts with having an honest conversation about what has led us to where we are today and how we have become so dependent on others. “Only then will we be able to advance the solutions necessary to creating the regulatory predictability needed for mining, processing, and refining of these materials domestically, ending our reliance on others, ensuring stable access to critical materials, boosting American manufacturing, and protecting America’s economic future and national security.” HOW WE GOT HERE “Over the last several decades, America’s capacity to mine, process, and refine minerals has been decimated. “The United States was once one of the world’s leading producers of the minerals and metals that are foundational to America’s economic success and national security. “Today, more than 90 percent of those minerals are under the control of the Chinese Communist Party. “Their supply chains stretch from the jungles of the African Congo to smelters and refineries in China. “We have allowed them to establish a monopoly on the core components needed to produce the batteries powering our smartphones, computers, electric cars, and many renewable sources of energy. “To make matters worse, they do this with zero regard for any environmental, labor, or human rights standards. “The Biden administration’s rush to green agenda will only further solidify China’s stranglehold on the market. “By advancing policies that mandate technologies whose core components can only be sourced from China while failing to advance policies to onshore production of those core components, we are only further enriching China—the largest polluter in the world. “The Inflation Reduction Act and Infrastructure Investment and Jobs Act were filled with these mandates and pumped hundreds of billions of taxpayer dollars into subsidizing the purchasing of these technologies, exasperating the problem. “We cannot continue doing the same thing over and over again and expect anything to change.” BIDEN’S CRUSHING REGULATIONS “We have to get serious about getting to the root cause of the problem, which is overburdensome regulation and start advancing the policies necessary to onshoring production of critical materials. “The U.S. has enacted the strongest environmental laws in the world, which have helped us clean up our air and water over the last half century. “It’s possible to continue building on our legacy of environmental stewardship without pushing our supply chains overseas. “To do this, however, we need reasonable solutions rather than a continuation of the current regulatory and legal environment that has all but forced U.S. mines and smelters out of business or out of the country. “The good news is that the U.S. has been blessed with tremendous natural resources. We have a rich history of harnessing and leveraging these resources through free market principles. “Today I look forward to discussing what is necessary to continue building on that legacy. “We do it by standing up for American values of free market competition, innovation, environmental stewardship; better aligning our environmental goals with our goals for economic growth and national security, and securing and growing our critical material supply chains to end America’s dependence on adversaries like China.”

Washington D.C. – The House Energy and Commerce Committee Environment, Manufacturing, and Critical Materials Subcommittee hearing  will now start at 11:30 AM ET.         WHAT:  An Environment, Manufacturing, and Critical Materials Subcommittee hearing to discuss ways to secure America’s critical material supply chains and reduce our dependence on foreign adversaries, like China.  DATE: Thursday, June 13, 2024        WHEN: 11:30 AM ET  LOCATION: 2322 Rayburn House Office Building       This notice is at the direction of the Chair. The hearings will be open to the public and press and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the Subcommittee on Communications and Technology hearings, please contact Noah Jackson at Noah.Jackson@mail.house.gov . If you have any press-related questions, please contact Sean Kelly at Sean.Kelly@mail.house.gov . 

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) announced a hearing titled “Securing America’s Critical Materials Supply Chains and Economic Leadership.” “If America is going to continue its manufacturing and energy leadership, we must significantly increase our domestic supply of the necessary critical materials," said Chairs Rodgers and Carter. "These materials are crucial for manufacturing everything from batteries, electric grid components, and semiconductors, to advanced energy technologies. Our current regulatory landscape runs counter to the reasonable predictability necessary for permitting the mining, processing, and refining of these materials domestically. We look forward to hearing from stakeholders and experts on how to grow and secure our critical material supply chains—while maintaining our environmental leadership—and also ensure America isn’t dependent on adversaries like China, which pose a threat to our national and economic security.” Subcommittee on Environment, Manufacturing, and Critical Materials hearing titled “Securing America’s Critical Materials Supply Chains and Economic Leadership” WHAT: Environment, Manufacturing, and Critical Materials Subcommittee hearing on securing our critical materials supply chains and reducing our dependence on foreign adversaries, like China. DATE: Thursday, June 13, 2024 TIME: 10:30 AM ET LOCATION: 2322 Rayburn House Office Building This notice is at the direction of the Chair. The hearing will be open to the public and press and will be livestreamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Kaitlyn Peterson at Kaitlyn.Peterson@mail.house.gov . If you have any press-related questions, please contact Sean Kelly at Sean.Kelly@mail.house.gov .