House Science, Space and Technology Committee Chairman Rep. Lamar Smith (R-Texas) joined a group of lawmakers in submitting an amicus brief on Monday to the U.S. Supreme Court that challenges EPA’s power to bypass Congress in its interpretation of the Clean Air Act.
The question at hand is whether emissions standards for cars and trucks set by the EPA under CAA’s mobile source program also affect stationary facilities.
“The EPA continually attempts to sidestep Congress and expand its role in advancing a partisan political agenda,” Smith said. “Costly and burdensome regulations put American jobs at risk. Disregarding the authority of Congress to set environmental policy undermines the democratic process…”
Allowing such a wide EPA interpretation of the CAA would shift power to the executive branch and afford it the authority enact social and economic policies without congressional checks, according to the amicus brief.
“…Our Constitution reserves the power to enact, amend or repeal statutes to Congress alone,” the legislators said.
The House Science, Space and Technology Committee is responsible for oversight of the science and technology that support EPA’s environmental policies, including greenhouse gas emissions.
Amicus briefs, which are filed by individuals who are not a party to a court case, can be used to supplement legal arguments and highlight certain aspects of a case.