Senate Concurrent Resolution 1

By Senators Cole (Mr. President), Gaunch, Karnes, Trump and Leonhardt

Urging Congress to propose the regulation freedom amendment to the United States Constitution.

Whereas, The Legislature is deeply concerned about the economic impact of federal regulations imposed upon West Virginia and the other states without adequate legislative oversight; and

Whereas, The growth and abuse of federal regulatory authority threatens our constitutional liberties, including those guaranteed by the Bill of Rights of our Constitution; and      Whereas, The production of coal is critically important to West Virginia and the United States of America, to the economy of West Virginia and of the nation, and to the way of life of the citizens of West Virginia and to the survival of the inhabitants of West Virginia, of the United States of America and of the world; and

Whereas, The United States Environmental Protection Agency (EPA) has proposed and implemented a number of regulations in recent years that have crippled coal production in West Virginia and the United States; and

Whereas, The EPA has expanded dramatically its jurisdiction and authority, in ways that are neither necessary or advisable and in ways that were never contemplated by the Congress of the United States when it enacted the Clean Air Act; and

Whereas, This unwarranted expansion of federal jurisdiction and authority by the EPA is extremely detrimental to the continuation of normal mining activities in West Virginia and other states and, ultimately, the energy supply for the entire nation; and

Whereas, The growth and abuse of federal regulatory authority threatens our Constitutional liberties, including those guaranteed by the Bill of Rights in the first, second, fourth and fifth amendments of the United States Constitution; and

Whereas, Federal regulators, such as the EPA, must be more accountable to elected representatives of the people and not immune from such accountability; and

Whereas, The United States House of Representatives has passed with bipartisan support the Regulations from the Executive in Need of Scrutiny Act (REINS ACT) to require that Congress approve major new federal regulations before they can take effect; and

Whereas, Even if enacted, a law may be repealed or waived by a future Congress and President; and

Whereas, An amendment to the United States Constitution does not require the President’s approval and cannot be waived by a future Congress and President; and

Whereas, The proposed Regulation Freedom Amendment to the U.S. Constitution would require Congress to approve major new federal regulations as follows: One quarter of the Members of the U. S. House or the U.S. Senate transmit to the President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House and Senate to adopt that regulation”; and

Whereas, Fifteen state legislative chambers have now adopted resolutions urging Congress to propose and adopt The Regulation Freedom Amendment; and

Whereas, The American Farm Bureau Federation and the Southern States Energy Board have also resolved to support The Regulation Freedom Amendment; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby urges the United States Congress to propose and adopt The Regulation Freedom Amendment; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the representatives and senators elected by the citizens of West Virginia serving the citizens of West Virginia in the Congress of the United States in Washington, D.C.