Senators Cynthia Lummis of Wyoming and Ted Cruz of Texas filed an amicus brief on April 15 in support of the Trump administration’s effort to repeal the Environmental Protection Agency’s (EPA) greenhouse gas endangerment finding. The senators argue that the EPA is acting without proper congressional authorization to enforce regulations related to greenhouse gases.
The filing highlights ongoing debates over how much authority federal agencies have in regulating issues with broad economic and political impact, such as environmental standards. Lummis currently chairs the Subcommittee on Clean Air, Climate, and Nuclear Innovation and Safety for the Senate Committee on Environment and Public Works, while Cruz chairs a Judiciary subcommittee focused on federal courts and agency action.
In their brief, Lummis and Cruz said, “Amici share an interest in ensuring that the judiciary serves as an appropriate check on the executive branch and vigilantly safeguards the Constitution’s separation of powers.” They further stated that when executive agencies issue regulations with significant economic or political consequences, “the courts must invoke the major questions doctrine to protect the Constitution’s separation of powers.”
The senators also emphasized their unique perspective as members of Congress regarding judicial review of agency actions. They wrote that their proposed brief explains how applying this doctrine would ensure Congress remains responsible for resolving important policy questions instead of administrative agencies.
Lummis has a background rooted in Wyoming public service; she grew up on a cattle ranch in Laramie County according to her official website. She earned degrees in animal science, biology, and law from the University of Wyoming according to her official website, dedicated years to public service at various levels including state treasurer, legislative roles, U.S. House representative duties according to her official website, and has championed responsible budgeting as well as stewardship over public lands according to her official website.
The Court will consider whether it will grant leave for this separate amicus filing. The senators concluded their motion by saying they believe their contribution is both necessary and relevant: “The Court must uphold that necessary conclusion to ensure that Congress maintains its role as supreme lawmaker in the face of Executive overreach.”
