SENATE RESOLUTION NO. 52

(By Senators Hall, Edgell, Plymale, Stollings, Minard, Sypolt and Browning)

Urging the members of the West Virginia delegation to the United States Congress to: (1) Adopt legislation prohibiting the EPA, by any means necessary, from regulating greenhouse gas emissions, including if necessary defunding EPA greenhouse gas regulatory activities; (2) impose a moratorium on promulgation of any new air quality regulation by the EPA by any means necessary, except to directly address an imminent health or environmental emergency, for a period of at least two years, including defunding EPA air quality regulatory activities; and (3) require the Obama administration to undertake a study identifying all regulatory activity that the EPA intends to undertake in furtherance of its goal of "taking action on climate change and improving air quality" and specifying the cumulative effect of all of these regulations on the economy, jobs and American economic competitiveness.

    Whereas, The United States Environmental Protection Agency (EPA) has proposed or is proposing numerous new regulations, particularly in the area of air quality and regulation of greenhouse gases, that are likely to have major effects on the economy, jobs and U.S. competitiveness in worldwide markets; and

    Whereas, The EPA's regulatory activity as to air quality and greenhouse gases has become known as the "train wreck" because of the numerous and overlapping requirements and because of the potentially devastating consequences this regulatory activity may have on the economy; and

    Whereas, Concern is growing that, with cap-and-trade legislation having failed in Congress, the EPA is attempting to obtain the same results through the adoption of regulations; and

    Whereas, EPA over-regulation is driving jobs and industry out of America; and

    Whereas, Neither the EPA nor the Administration has undertaken any comprehensive study of what the cumulative effect of all of this new regulatory activity will have on the economy, jobs and competitiveness; and

    Whereas, The EPA has not performed any comprehensive study of what the environmental benefits of its greenhouse regulation will be in terms of impacts on global climate; and

    Whereas, State agencies are routinely required to identify the costs of their regulations and to justify those costs in light of the benefits; and

    Whereas, Since the EPA has identified "taking action on climate change and improving air quality" as its first strategic goal for the 2011-15 time period, the EPA should be required to identify the specific actions it intends to take to achieve these goals and to assess the total cost of all these actions together; and

    Whereas, The Legislature supports continuing improvements in the quality of the nation's air and believes that such improvements can be made in a sensible fashion without damaging the economy so long as there is a full understanding of the cost of the regulations at issue; and

    Whereas, The primary goal of government at the present time must be to promote economic recovery and to foster a stable and predictable business environment that will lead to the creation of jobs; and

    Whereas, Public health and welfare will suffer without significant new job creation and economic improvement, because people with good jobs are better able to take care of themselves and their families than the unemployed and because environmental improvement is only possible in a society that generates wealth; therefore, be it

    Resolved by the Senate:

    That the members of the West Virginia delegation to the United States Congress are urged to: (1) Adopt legislation prohibiting the EPA by any means necessary from regulating greenhouse gas emissions, including if necessary defunding EPA greenhouse gas regulatory activities; (2) impose a moratorium on promulgation of any new air quality regulation by the EPA by any means necessary, except to directly address an imminent health or environmental emergency, for a period of at least two years, including defunding EPA air quality regulatory activities; and (3) require the Obama administration to undertake a study identifying all regulatory activity that the EPA intends to undertake in furtherance of its goal of "taking action on climate change and improving air quality" and specifying the cumulative effect of all of these regulations on the economy, jobs, and American economic competitiveness; and, be it

    Further Resolved, That this study should be a multiagency study drawing on the expertise both of the EPA and of agencies and departments having expertise in and responsibility for the economy and the electric system and should provide an objective cost-benefit analysis of all of the EPA's current and planned regulation together; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to members of the West Virginia Congressional Delegation and the President of the United States.