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Rep. Frank Guinta Joins House-Senate Supreme Court Brief to Stop Illegal EPA Regulations


Date: Feb. 23, 2016
Location: Washington, DC

Today, Congressman Frank Guinta and 170 House Republicans petitioned the Supreme Court to "vacate in its entirety" the Obama Administration's sweeping new regulations of the country's energy sector -- regulations the Court halted this month in an unprecedented move to check executive power.

Thirty-four senators joined the amicus brief, or petition, responding to a lawsuit by 27 states against the Environmental Protection Agency (EPA).

"When Democrats controlled Congress, the President and his party could not pass cap-and-trade legislation, failing to generate enough popular support," said Rep. Guinta, announcing his support. "Now in a lame duck year, the President and the EPA are bypassing Congress to enact job-killing regulations."

Senators Mitch McConnell and Jim Inhofe requested Rep. Guinta's support of the amicus brief, asserting Congress' power under the Constitution to make law, specific limitations on the EPA, as well as the federal agency's failure to comply with previous Supreme Court decisions.

Supporters also say the EPA failed to present compelling environmental and economic rationales for changes to standing law. A congressional study indicates the EPA's proposed "Clean Power Plan" could cost American consumers up to $79 billion in total higher energy costs, annually.

New Hampshire's energy costs are some of the highest in nation, said Rep. Guinta, who voted last year to cancel the EPA's proposed regulations. "Granite Staters struggling in this slow economy are depending on affordable energy," he said. "An obsolete line in an obscure passage of federal law does not give the EPA authority to dictate our national economy."

"New rules could render New Hampshire's own legislative authority meaningless."

On February 9, the Supreme Court voted 5-4 to block the rules, intervening in a lower court's decision. The recent death of Justice Antonin Scalia complicates a final ruling. The Court could delay hearing State of West Virginia, et. al. v. Environmental Protection Agency or allow the EPA's power plant regulations to move forward.