Two prominent Senate Republicans are throwing their weight behind the Trump administration’s repeal of the greenhouse gas endangerment finding.
A “friend of the court” brief filed Monday evening by Sens. Ted Cruz of Texas and Cynthia Lummis of Wyoming argues that EPA lacks the clear congressional authorization required to regulate most greenhouse gases.
The duo wrote to provide supporting legal arguments for EPA’s conclusion that the endangerment finding violated the “major questions doctrine,” the Supreme Court’s holding that agencies can’t use statutes in novel ways to address major questions of economic or political importance without express permission from Congress.
“EPA correctly concluded that the major questions doctrine independently barred the Agency from regulating [greenhouse gas] vehicle emissions to address global climate change,” Cruz and Lummis wrote.