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 "Air Plan Approval; West Virginia; Regional Haze State Implementation Plan for the Second Implementation Period".
- Sponsor
- Sen. Whitehouse, Sheldon [D-RI]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Jul 22, 2025
Bottom line
This resolution uses the Congressional Review Act to overturn an EPA rule concerning air quality regulations for regional haze in West Virginia, effectively removing federal requirements for the state's implementation plan.
What it actually does
This joint resolution invokes the Congressional Review Act (CRA) to disapprove and nullify a specific rule issued by the Environmental Protection Agency (EPA). The targeted rule, titled "Air Plan Approval; West Virginia; Regional Haze State Implementation Plan for the Second Implementation Period," was published in the Federal Register on July 7, 2025. If enacted, the resolution would prevent the EPA from reissuing a substantially similar rule in the future without new statutory authorization.
Proponents argue
Supporters of this resolution argue that the EPA's rule represents an overreach of federal authority, imposing unnecessary and costly burdens on West Virginia's industries, particularly its energy sector. They contend that the state is better equipped to manage its own environmental regulations and that the EPA's intervention undermines state autonomy and economic development without providing commensurate environmental benefits.
Opponents contend
Opponents of the resolution assert that the EPA's rule is a vital measure to protect public health and improve air quality, especially in national parks and wilderness areas affected by regional haze originating from West Virginia. They argue that the EPA is acting within its statutory mandate under the Clean Air Act to ensure states meet federal air quality standards, and that nullifying the rule would undermine efforts to reduce harmful pollutants and could lead to adverse health outcomes and environmental degradation.
The bill text is extremely short and straightforward, making it very accessible for a quick read and understanding its direct action.
Resolved by the Senate and House of Representatives...
Disapproval of EPA Regional Haze Rule for West Virginia
This provision formally disapproves the Environmental Protection Agency (EPA) rule concerning "Air Plan Approval; West Virginia; Regional Haze State Implementation Plan for the Second Implementation Period," which was published in the Federal Register on July 7, 2025. By doing so under the Congressional Review Act (CRA), the resolution ensures that this specific EPA rule will have no force or effect. Furthermore, the CRA mechanism prevents the EPA from issuing any substantially similar rule in the future unless Congress explicitly authorizes it through new legislation.
Supporters argue
Supporters of the resolution argue that the EPA's rule imposes an unnecessary and costly burden on West Virginia's economy and industries, particularly its energy sector, without sufficient consideration for the state's unique circumstances or its own efforts to manage air quality. They contend that the federal government is overstepping its authority and that states are better equipped to develop tailored solutions for regional haze.
Critics contend
Opponents of the resolution assert that the EPA's rule is a crucial measure to protect public health and improve air quality, especially in national parks and wilderness areas affected by regional haze originating from West Virginia. They argue that the EPA is acting within its mandate under the Clean Air Act to ensure states meet federal air quality standards, and that nullifying the rule would undermine efforts to reduce harmful pollutants and could lead to adverse health outcomes and environmental degradation.
Tradeoffs
The resolution highlights the ongoing tension between federal environmental regulation aimed at achieving national air quality goals and state autonomy, as well as the balance between economic development interests in states like West Virginia and the public health and environmental benefits of stricter emissions controls.