Senator Lisa Murkowski (R-AK) has introduced her long anticipated resolution regarding EPA’s greenhouse gas endangerment finding. The simple, nine-line resolution states, "Congress disapproves the rule submitted by the Environmental Protection Agency relating to the endangerment finding entitled 'Endangerment and Cause and Contribute Findings for Greenhouse Gases under the Clean Air Act' . . . and such rule shall have no force or effect." If the resolution is passed (and assuming it is a constitutional exercise of congressional power), it would void the endangerment finding and undercut almost entirely the authority of the EPA to regulate greenhouse gases under the Clean Air Act. However, it is not clear that the resolution would be constitutional. Effectively, the resolution would amount to a legislative veto of the executive branch's implementation of the Clean Air Act. In the past, actions such as this that have challenged the traditional separation of powers have been struck down as void; so, the fate of the resolution, even if passed, is unclear.
Also, Sen. Murkowski received surprising bipartisan support for the resolution. Sens. Ben Nelson (D-NE), Mary Landrieu (D-LA), and Blanche Lincoln (D-AR) are all listed as cosponsors of the resolution. Sens. Dorgan (D-ND) and Webb (D-VA) are also considering whether to support the resolution.