Amicus Curiae Brief — West Virginia, et al., Petitioners v. Environmental Protection Agency, et al.

Supreme Court briefJan 25, 2022

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Nos. 20-1530, 20-1531, 20-1778, and 20-1780

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In The

Supreme Court of the United States

---------------------------------♦--------------------------------WEST VIRGINIA, et al.,

Petitioners,

v.

ENVIRONMENTAL PROTECTION AGENCY, et al.,

Respondents.

---------------------------------♦--------------------------------On Writs Of Certiorari To The

United States Court Of Appeals

For The District Of Columbia Circuit

---------------------------------♦--------------------------------BRIEF OF 192 MEMBERS OF CONGRESS

AS AMICI CURIAE

IN SUPPORT OF RESPONDENTS

---------------------------------♦--------------------------------AGATHA M. COLE

Counsel of Record

MAX E. RODRIGUEZ

ALISON BOROCHOFF-PORTE

RAPHAEL JANOVE

ADAM POLLOCK

POLLOCK COHEN LLP

60 Broad Street, 24th Floor

New York, NY 10004

(212) 337-5361

agatha@pollockcohen.com

Counsel for Amici Curiae

================================================================================================================

COCKLE LEGAL BRIEFS (800) 225-6964

WWW.COCKLELEGALBRIEFS.COM

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TABLE OF CONTENTS

Page

INTEREST OF AMICI CURIAE .........................

1

SUMMARY OF ARGUMENT ..............................

2

ARGUMENT ........................................................

6

I.

THE CLEAN AIR ACT CONFERS

BROAD AUTHORITY ON THE EPA TO

REGULATE GREENHOUSE GAS EMISSIONS ........................................................

6

A. The text of Section 111(d) plainly authorizes the EPA to set standards for

air pollution from existing stationary

sources, such as greenhouse gas emissions from fossil fuel-fired power

plants ...................................................

9

B. Congress recently reaffirmed its intent to confer such authority on the

EPA under Section 111(d) of the Clean

Air Act .................................................. 12

C. This Court’s precedents further confirm the EPA’s authority to regulate

greenhouse gases pursuant to the

Clean Air Act ....................................... 14

II.

SUBSEQUENT LEGISLATIVE ENACTMENTS HAVE ONLY REINFORCED

THE BROAD REGULATORY AUTHORITY ORIGINALLY CONFERRED ON

THE EPA THROUGH THE CLEAN AIR

ACT ............................................................ 18

ii

TABLE OF CONTENTS—Continued

Page

III.

SUBSEQUENT LEGISLATIVE EFFORTS

TO REPEAL OR RESTRICT THE EPA’S

AUTHORITY TO REGULATE GREENHOUSE GASES THROUGH THE POLITICAL PROCESS HAVE FAILED .................. 23

CONCLUSION..................................................... 26

APPENDIX

List of Amici ......................................................... App. 1

iii

TABLE OF AUTHORITIES

Page

CASES

Ali v. Fed. Bureau of Prisons,

552 U.S. 214 (2008)............................................... 10

Am. Elec. Power Co. v. Conn.,

564 U.S. 410 (2011)......................................... 15, 16

Am. Lung Ass’n v. EPA,

985 F.3d 914 (D.C. Cir. 2021) ....................................3

Bostock v. Clayton Cty., Ga.,

___ U.S. ___, 140 S. Ct. 1731 (2020) .................. 11, 12

Branch v. Smith, 538 U.S. 254 (2003) ........................21

Cent. Bank of Denver v.

First Interstate Bank of Denver,

511 U.S. 164 (1994) .................................................23

Chamber of Com. of U.S. v. Whiting,

563 U.S. 582 (2011) .................................................11

Epic Sys. Corp. v. Lewis,

___ U.S. ___, 138 S. Ct. 1612 (2018) ........................21

FDA v. Brown & Williamson Tobacco Corp., 529

U.S. 120 (2000) ........................................................12

J.E.M. Ag Supply, Inc. v.

Pioneer Hi-Bred Int’l, Inc.,

534 U.S. 124 (2001) .................................................21

Mass. v. EPA, 549 U.S. 497 (2007) ............ 12, 15, 16, 22

Nat’l Ass’n of Home Builders v.

Defenders of Wildlife,

551 U.S. 644 (2007) .................................................22

iv

TABLE OF AUTHORITIES—Continued

Page

Olijato Chapter of Navajo Tribe v. Train,

515 F.2d 654 (D.C. Cir. 1975) ..................................17

Reg’l Rail Reorganization Act Cases,

419 U.S. 102 (1974) .................................................22

Sierra Club v. Costle,

657 F.2d 298 (D.C. Cir. 1981) ..................................17

Union Elec. Co. v. EPA, 427 U.S. 246 (1976).................7

United States v. Gonzales, 520 U.S. 1 (1997)..............11

Util. Air Regulatory Grp. v. EPA,

573 U.S. 302 (2014) ..................................... 15, 16, 17

Whitman v. Am. Trucking Ass’ns,

531 U.S. 457 (2001) ............................................. 9, 12

STATUTES AND REGULATIONS

5 U.S.C. § 801 ..............................................................13

23 U.S.C. § 149 ............................................................20

42 U.S.C. § 16091 ........................................................20

42 U.S.C. §§ 7401–7671q .................................... passim

42 U.S.C. § 7401 ............................................................6

42 U.S.C. §§ 7408-7410 .................................................7

42 U.S.C. § 7411 .................................................. passim

42 U.S.C. § 7412 ............................................................7

42 U.S.C. § 7521 ..........................................................15

40 Fed. Reg. 53,340 (Nov. 17, 1975) ..............................7

80 Fed. Reg. 64,662 (Oct. 23, 2015) ..............................3

v

TABLE OF AUTHORITIES—Continued

Page

84 Fed. Reg. 32,520 (July 8, 2019) ................................3

85 Fed. Reg. 57,018 (Sept. 14, 2020)...........................13

OTHER AUTHORITIES

167 Cong. Rec. S2283 (daily ed. Apr. 28, 2021) ..........14

Ann E. Carlson & Megan M. Herzog,

Text in Context: The Fate of Emergent

Climate Regulation After UARG and

EME Homer, 39 Harv. Envtl. L. Rev. 23

(2015) .......................................................................17

Antonin Scalia & Bryan A. Garner, READING

LAW: THE INTERPRETATION OF LEGAL TEXTS

(2012) ................................................................... 9, 21

Diane Pamela Wood,

Coordinating the EPA, NEPA,

and the Clean Air Act,

52 Tex. L. Rev. 527 (1974) .........................................7

H.R. 3409, 112th Cong. (2012)....................................24

H.R. 3826, 113th Cong. (2014)....................................24

H.R. 4286, S. 2170, 113th Cong. (2014) ......................24

H.R. Rep. No. 91-1146 (1970), as reprinted in

1970 U.S.C.C.A.N. 5356 .............................................7

H.R. Rep. No. 117-64 (2021) .......................................14

H.R. 2, 113th Cong. (2014) .........................................24

Pub. L. No. 95-95, 91 Stat. 685 (1977).......................17

Pub. L. No. 115-123, 132 Stat. 64 (2018) .............. 18, 19

vi

TABLE OF AUTHORITIES—Continued

Page

Pub. L. No. 116-260, 134 Stat. 2243 (2020) .......... 18, 20

Pub. L. No. 117-23, 135 Stat. 295 (2021) ....................13

Pub. L. No. 117-58, 135 Stat. 429 (2021) .............. 18, 19

S. 1905, 113th Cong. (2014) ........................................24

S. 2199, 112th Cong. (2012) ........................................24

S. Amdt. 183 to S. 439, 112th Cong. (2011) ................24

S. Consideration of H.R. Conf. Rep. No. 91-1783,

1970 CAA Legis. Hist. at 130 (Dec. 17, 1970)...........8

S.J. Res. 24, 114th Cong. (2015) .................................25

S. Rep. No. 91-1196 (1970) ............................................8

Sanne H. Knudsen, Regulating Cumulative

Risk, 101 Minn. L. Rev. 2313 (2017) .........................6

The Obama Administration’s Clean Power Plan,

Republican Members of the Committee on

Energy and Commerce, U.S. House of Representatives, republicans-energycommerce.house.gov/

power-plan/ (last visited Jan. 21, 2022) ..................25

1

INTEREST OF AMICI CURIAE1

Amici are 192 currently-elected members of the

United States Senate and United States House of Representatives,2 who support the proper interpretation of

the Clean Air Act, 42 U.S.C. §§ 7401–7671q [hereinafter, “the Act” or “CAA”], as conferring broad authority

upon the Environmental Protection Agency (“EPA”) to

regulate emissions of greenhouse gases. Many of the

signatories either actively serve on, or have previously

served on, committees with jurisdiction over the CAA

and/or the EPA.

Based on their experience as members of Congress, amici understand the importance of relying on

the expert judgment of administrative agencies in

technical areas where scientific knowledge, regulatory

best practices, and market conditions continue to

evolve.

As explained herein, the 1970 Amendments conferred broad regulatory authority on the EPA to devise

and implement standards addressing both new and

existing sources of air pollution, and did so, in part,

through the addition of Section 111(d), 42 U.S.C.

§ 7411(d). As is relevant here, that provision broadly

authorizes the EPA to establish new regulatory

1

In accordance with Supreme Court Rule 37.6, amici curiae

state that neither the parties, nor their counsel, had any role in

authoring, nor made any monetary contribution to fund the preparation or submission of this brief. All parties, to the extent blanket consent was not already given, were timely notified and

consented to the filing of this brief.

2

A full listing of amici appears in the Appendix hereto.

2

“standards of performance” for “any existing sources of

air pollution” from stationary sources, for which “air

quality criteria have not been issued” pursuant to various other sections in the Act, 42 U.S.C. § 7411(d)(1).

Amici have a strong interest in the proper interpretation of this provision, insofar as it effectuates the

intent of Congress to ensure that the scope of EPA’s

authority under legislation as significant and consequential as the CAA would not be limited to addressing

only those pollutants that were known and specifically

identified in the enumerated provisions of the 1970

Amendments.

Accordingly, amici submit this brief to affirm that,

consistent with the plain text of Section 111(d)(1), 42

U.S.C. § 7411(d)(1), that provision was, indeed, intended to confer broad authority on the EPA to regulate and respond to both new and existing air

pollutants, as needed to carry out the stated purpose

of the CAA.

Finally, amici further submit this brief to address

various arguments raised by other members of Congress as amici in support of Petitioners. See Br. of

Amici Curiae 91 Members of Cong. (Dec. 20, 2021).

---------------------------------♦---------------------------------

SUMMARY OF ARGUMENT

In 2015, to address the air pollution significantly

contributing to climate change, the EPA exercised its authority under Section 111(d)(1), 42 U.S.C. § 7411(d)(1), to

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issue the Clean Power Plan, see Carbon Pollution

Emission Guidelines for Existing Stationary Sources:

Electric Utility Generating Units, 80 Fed. Reg. 64,662

(Oct. 23, 2015). The Clean Power Plan was rescinded in

2019, through the implementation of the so-called

“ACE Rule,” see 84 Fed. Reg. 32,520 (July 8, 2019),

which was subsequently vacated by the U.S. Court of

Appeals for the D.C. Circuit. See Am. Lung Ass’n v.

EPA, 985 F.3d 914 (D.C. Cir. 2021).

Notwithstanding this complex procedural history,

the case that is presently before this Court concerns

neither the Clean Power Plan nor the subsequent ACE

Rule—but rather, the proper interpretation of a discrete provision in the CAA, and the scope of EPA’s authority to implement future regulations thereunder. To

that end, it is worth noting, at the outset, that this case

raises considerable justiciability issues arising from

what appears to be a request for a declaratory judgment on the precise intent of Congress with respect to

the scope of authority that it conferred upon the EPA

under Section 111(d)(1), 42 U.S.C. § 7411(d)(1). See

Non-Governmental Org. and Trade Ass’n Resp’ts Br.

23-31; Fed. Resp’ts Br. 23-31; Amicus Curiae Br. of

U.S. Sens. Sheldon Whitehouse, Richard Blumenthal,

Bernie Sanders, and Elizabeth Warren at 2-7 (Jan. 24,

2022). While the undersigned members of Congress

certainly share these concerns and hereby endorse the

view that this case should be dismissed as having been

improvidently granted—this brief only seeks to address the merits question before this Court.

4

The question presented before this Court essentially concerns the scope of EPA’s authority to regulate

existing sources of air pollution from stationary

sources like fossil fuel-fired power plants, as contemplated in Section 111(d)(1), 42 U.S.C. § 7411(d).

As explained herein, that provision plainly authorizes the EPA to regulate greenhouse gases through

what the agency determines to be the best system of

emissions limitation, subject to the statutory constraints imposed by Congress. Specifically, the text of

Section 111(d)(1), 42 U.S.C. § 7411(d)(1), authorizes the

EPA to regulate “any existing sources of air pollution”

for which “air quality criteria have not been issued”

pursuant to various other sections in the Act, 42 U.S.C.

§ 7411(d)(1), which plainly encompasses the implementation of regulatory standards for greenhouse gas

emissions from stationary sources, such as fossil fuelfired power plants, infra, at 9-12 (section I-A). And as

further set forth herein, the only other legislative enactment that has spoken directly to the purpose and

effect of this provision to date is a Congressional Disapproval Resolution that expressly refuted the Trump

Administration’s attempt to advance an artificially

narrow reading of Section 111(d)(1), 42 U.S.C.

§ 7411(d)(1), through a regulation about methane

emissions standards, infra 12-14 (section I-B). Moreover, this Court’s precedents further establish that

Section 111(d), 42 U.S.C. § 7411(d), must be read as

broadly authorizing the EPA to address new and evolving air pollution problems, including greenhouse gas

5

emissions from existing stationary sources, infra 14-18

(section I-C).

Contrary to the arguments advanced by the minority of those members of Congress who support the

repeal of Section 111(d), 42 U.S.C. § 7411(d), and who

filed a brief in support of the Petitioners for that reason—no other subsequent legislative enactments have

either expressly or by implication, curtailed the EPA’s

continuing authority to regulate air pollution from

stationary sources under that provision, infra 18-23

(section II).

Furthermore, to the extent that Petitioners and

their supporting amici seek to invoke the major questions doctrine as support for their artificially narrow

reading of Section 111(d), 42 U.S.C. § 7411(d), the legislative history of the CAA and the various unsuccessful efforts by certain members of Congress to repeal or

restrict the EPA’s broad authority thereunder, further

demonstrate the political process has functioned as it

should—and that the decisions of elected members of

Congress merely reflect the American public’s overwhelming support for sound public policy directed towards the regulation of greenhouse gases that

significantly contribute to climate change, infra 23-26

(section III). Having failed to achieve sufficient support

to ratify these changes through the legislative process,

Petitioners now turn to this Court, seeking what is

fundamentally a legislative and political end, through

judicial means. This Court should not reward this attempted end-run around the legislative process.

6

For these reasons, this Court should either dismiss

this case as having been improvidently granted, or

reaffirm, once again, that the text of the CAA plainly

authorizes the EPA to regulate greenhouse gas emissions—including those arising from existing stationary sources, such as fossil fuel-fired power plants—as

set forth in Section 111(d)(1), 42 U.S.C. § 7411(d)(1).

---------------------------------♦---------------------------------

ARGUMENT

I.

THE CLEAN AIR ACT CONFERS BROAD

AUTHORITY ON THE EPA TO REGULATE

GREENHOUSE GAS EMISSIONS.

The stated purpose of the Clean Air Act is to “protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare

and the productive capacity of its population.” 42

U.S.C. § 7401(b)(1). This purpose was informed by the

Congressional finding in 1963, when the CAA was enacted, that the cumulative effects from “the growth in

the amount and complexity of air pollution brought

about by urbanization, industrial development, and

the increasing use of motor vehicles,” had already resulted in “mounting dangers to the public health and

welfare.” See Sanne H. Knudsen, Regulating Cumulative Risk, 101 Minn. L. Rev. 2313, 2326 (2017) (quoting

42 U.S.C. § 7401(a)(2)).

The statutory provision that is currently at issue

before this Court was added through the 1970 Amendments to the CAA, which sought to “speed up, expand,

7

and intensify the war against air pollution in the

United States.” H.R. Rep. No. 91-1146 (1970), as reprinted in 1970 U.S.C.C.A.N. 5356, 5356; see also Union Elec. Co. v. EPA, 427 U.S. 246, 256 (1976) (“the 1970

Amendments to the Clean Air Act were a drastic remedy to what was perceived as a serious and otherwise

uncheckable problem of air pollution”); Diane Pamela

Wood, Coordinating the EPA, NEPA, and the Clean Air

Act, 52 Tex. L. Rev. 527, 551 (1974) (explaining that

“Congress intended to expedite all procedures under

the Clean Air Act,” through the 1970 Amendments).

The 1970 Amendments to the CAA conferred broad

regulatory authority on the EPA to devise and implement standards addressing both new and existing

sources of air pollution, and did so, in part, through the

addition of Section 111, 42 U.S.C. § 7411.

As is relevant here, Section 111(d)(1) authorizes

the EPA to establish “standards of performance” for air

pollution that endangers public health or welfare from

existing stationary sources “for which air quality criteria have not been issued,” 42 U.S.C. § 7411(d)(1), under

the CAA provisions covering criteria pollutants (the

National Ambient Air Quality Standards Program), id.

§§ 7408-7410, and hazard pollutants (the National

Emission Standards for Hazardous Air Pollutants program), id. § 7412. See also State Plans for the Control

of Certain Pollutants from Existing Facilities, 40 Fed.

Reg. 53,340 (Nov. 17, 1975) (explaining that Section

111(d) covers air pollutants that “are (or may be)

harmful to public health or welfare but are not or cannot be controlled” under the other programs covering

8

standards of performance for existing stationary

sources).

As demonstrated by the legislative history of the

1970 Amendments, these changes were designed to ensure that there would be “no gaps in control activities

pertaining to stationary source emissions that pose

any significant danger to public health or welfare.” S.

Rep. No. 91-1196, at 20 (1970); see also id. at 4 (“this

bill would extend the Clean Air Act of 1963 as amended

in 1965, 1966, and 1967 to provide a much more intensive and comprehensive attack on air pollution”); S.

Consideration of H.R. Conf. Rep. No. 91-1783, 1970

CAA Legis. Hist. at 130 (Dec. 17, 1970) (statement of

Sen. Ed Muskie) (explaining, as the 1970 CAA Amendment’s lead Senate sponsor, that Section 111’s “system

of emission reduction” language authorizes the EPA to

develop standards “based on the latest available control technology, processes, operating methods, and

other alternatives”).

Simply put, Section 111(d), 42 U.S.C. § 7411(d), is

a critical provision that gives the EPA flexibility to set

standards addressing air pollution from existing stationary sources, including new and evolving air pollution threats like greenhouse gas emissions from power

plants.

9

A. The text of Section 111(d) plainly authorizes the EPA to set standards for

air pollution from existing stationary

sources, such as greenhouse gas emissions from fossil fuel-fired power plants.

Applying this Court’s precedents concerning basic

principles of statutory interpretation, the precise

meaning of Section 111(d), 42 U.S.C. § 7411(d), should

initially be guided by the plain text of that provision.

See Whitman v. Am. Trucking Ass’ns, 531 U.S. 457, 471

(2001) (Scalia, J.) (“courts may choose only between

reasonably available interpretations of a text”); see

also Antonin Scalia & Bryan A. Garner, READING LAW:

THE INTERPRETATION OF LEGAL TEXTS 16 (2012) (“In

their full context, words mean what they conveyed to

reasonable people at the time they were written.”).

To that end, Section 111(d) provides that:

The Administrator shall prescribe regulations

which shall establish a procedure . . . under

which each State shall submit . . . a plan

which (A) establishes standards of performance for any existing source for any air

pollutant (i) for which air quality criteria have not been issued or which is not included [in criteria pollutant or hazardous

pollutant categories], . . . and (B) provides for

the implementation and enforcement of such

standards of performance.

42 U.S.C. § 7411(d)(1) (emphasis added).

10

The meaning of this provision is further elucidated by the following definitions:

The term “standard of performance”

means a standard for emissions of air pollutants which reflects the degree of emission

limitation achievable through the application

of the best system of emission reduction

which . . . the Administrator determines has

been adequately demonstrated.

The term “new source” means any stationary source, the construction or modification of

which is commenced after the publication of

regulations . . . prescribing a standard of performance under this section which will be applicable to such source.

The term “stationary source” means any

building, structure, facility, or installation

which emits or may emit any air pollutant . . .

...

The term “existing source” means any stationary source other than a new source.

Id. § 7411(a)(1)-(3), (6) (emphasis added).

This text does not demonstrate ambiguity or uncertainty. Rather, these definitions, read in combination with the text of Section 111(d) itself, explicitly

confer expansive authority on the Administrator of the

EPA to “establish[ ] . . . standards of performance for

any existing source for any air pollutant” from a stationary source, for which other applicable “air quality

criteria have not been issued.” Id. § 7411(d)(1); cf. Ali v.

Fed. Bureau of Prisons, 552 U.S. 214, 219 (2008)

11

(Thomas, J.) (“We have previously noted that ‘[r]ead

naturally, the word “any” has an expansive meaning,

that is, “one or some indiscriminately of whatever

kind.” ’ ” (alteration in original) (quoting United States

v. Gonzales, 520 U.S. 1, 5 (1997))).

Petitioners and their amici may disagree with the

policy wisdom of Congress’s decision in 1970 to write

Section 111(d), 42 U.S.C. § 7411(d), broadly, or the

EPA’s decisions in 2015 about how to use it when

promulgating the Clean Power Plan, or even how they

speculate it may be used in the future. But those disagreements do not transform the clear into the ambiguous. “ ‘[T]he fact that [a statute] has been applied in

situations not expressly anticipated’ . . . does not

demonstrate ambiguity; instead, it simply ‘demonstrates [the] breadth’ of a legislative command.” Bostock v. Clayton Cty., Ga., ___ U.S. ___, 140 S. Ct. 1731,

1749 (2020) (Gorsuch, J.) (quoting Sedima, S.P.R.L. v.

Imrex Co., 473 U.S. 479, 499 (1985)). Section 111(d), 42

U.S.C. § 7411(d), “means what it says” and “[t]here is

no basis in the text for limiting” it according to the policy preferences of Petitioners and their amici. Gonzales, 520 U.S. at 5; see also Chamber of Com. of U.S. v.

Whiting, 563 U.S. 582, 599 (2011) (Roberts, C.J.) (rejecting narrow textual interpretation where “no such limit

is remotely discernible in the statutory text”).

Petitioners and their amici’s attempt to breathe

ambiguity into the unambiguous is not persuasive.

Nor is their invocation of the major questions doctrine.

The major questions, or so-called “no-elephants-inmouseholes cannon,” Bostock, 140 S. Ct. at 1753,

12

“recognizes that Congress ‘does not alter the fundamental details of a regulatory scheme in vague terms

or ancillary provisions.’ ” Id. (quoting Whitman, 531

U.S. at 468). But Section 111(d), 42 U.S.C. § 7411(d), is

neither vague nor ancillary. It is a core part of the regulatory scheme concerning air pollution from stationary structures. In other words, the EPA’s authority

under Section 111(d) may well be “an elephant. But

where’s the mousehole?” Bostock, 140 S. Ct. at 1753.3

B. Congress recently reaffirmed its intent

to confer such authority on the EPA under Section 111(d) of the Clean Air Act.

The only other legislative enactment that speaks

directly to the scope of Section 111(d), 42 U.S.C.

§ 7411(d), is the Joint Resolution Providing for Congressional Disapproval under Chapter 8 of Title 5,

3

Amici respectfully submit that the major questions doctrine

is inapplicable in this case for several reasons. First, as explained

above, there is no need to consider the major questions doctrine

when the statutory text is unambiguous, as it is here. See Mass.

v. EPA, 549 U.S. 497, 529 (2007) (explaining the CAA is “unambiguous” and broadly defines “any air pollutant” to include greenhouse gas emissions). Second, no agency decision “of such

economic and political significance” would implicate the major

questions doctrine because the Clean Power Plan has been rescinded. FDA v. Brown & Williamson Tobacco Corp., 529 U.S.

120, 133 (2000). Third, there is no “backdrop of the [agency’s] consistent and repeated statements that it lacked authority under

the [authorizing statute]” that might support a narrower textual

interpretation. Id. at 144; see also Mass., 549 U.S. at 530-32 (distinguishing application of major questions doctrine to Food, Drug

& Cosmetic Act in Brown & Williamson from application to CAA

in case at bar).

13

United States Code, of the Rule Submitted by the Environmental Protection Agency relating to “Oil and

Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review,” Pub. L. No.

117-23, 135 Stat. 295 (2021) [hereinafter, the “Congressional Disapproval Resolution”]. The Congressional

Disapproval Resolution further reinforces that Section

111(d), 42 U.S.C. § 7411(d), conferred broad statutory

authority on the EPA to regulate greenhouse gases

from existing stationary sources.

On June 30, 2021, the President signed into law

this joint resolution of Congress, adopted by a bipartisan vote pursuant to the Congressional Review Act,

disapproving a 2020 regulation promulgated by the

EPA. See Oil and Natural Gas Sector: Emission Standards for New, Reconstructed and Modified Sources

Review, 85 Fed. Reg. 57,018 (Sept. 14, 2020) [hereinafter, the “Methane Rescission Rule”]. The Methane Rescission Rule, among other things, concluded that

“EPA is not authorized to promulgate CAA section

111(d) guidelines for existing sources” of methane.

Methane Rescission Rule, 85 Fed. Reg. at 57,033. A

regulation for which Congress adopts a resolution of

disapproval under the Congressional Review Act “shall

be treated as though such rule had never taken effect.”

5 U.S.C. § 801(f )(2).

Through the Congressional Disapproval Resolution, Congress expressly rebuked the artificially narrow and incorrect interpretation of the EPA’s authority

under Section 111(d), 42 U.S.C. § 7411(d), that Petitioners now seek to advance in this case. To the extent

14

there is any doubt about the intended purpose of the

Congressional Disapproval Resolution, the legislative

history confirms that it was enacted to, inter alia, clarify the “EPA’s statutory obligation to regulate existing

oil and gas sources under Section 111(d). . . . ” H.R.

Rep. No. 117–64, at 4 (2021); see also 167 Cong. Rec.

S2283 (daily ed. Apr. 28, 2021) (joint statement of Sens.

Charles Schumer, Tom Carper, Martin Heinrich, Angus

King, Edward Markey) (“In rejecting the methane rescission rule’s misguided legal interpretations, the

resolution clarifies our intent that EPA should regulate methane and other pollution emissions from all

oil and gas sources, including production, processing,

transmission, and storage segments under authority of

section 111 of the Clean Air Act.”); id. (“In addition, we

intend that section 111 of the Clean Air Act obligates

and provides EPA with the legal authority to regulate

existing sources of methane emissions in all of these

segments.”).

In sum, through the Congressional Disapproval

Resolution, Congress spoke again to affirm that Section

111’s scope includes authority for the EPA to regulate

greenhouse gas emissions from stationary sources.

C. This Court’s precedents further confirm

the EPA’s authority to regulate greenhouse gases pursuant to the Clean Air

Act.

This Court’s precedents further confirm that Section 111(d), 42 U.S.C. § 7411(d), must be read as

15

broadly authorizing the EPA to address new and evolving air pollution problems, including greenhouse gas

emissions from existing stationary sources. Indeed,

this Court has repeatedly affirmed the scope of the

EPA’s authority to regulate greenhouse gases pursuant to its authorities under the CAA. See, e.g., Util. Air

Regulatory Grp. v. EPA, 573 U.S. 302 (2014) [hereinafter, “UARG”]; Am. Elec. Power Co. v. Conn., 564 U.S. 410

(2011) [hereinafter, “AEP”]; Mass., 549 U.S. 497.

This Court first recognized that the CAA authorizes EPA to regulate greenhouse gases in Massachusetts v. EPA, which held that the use of the phrase “air

pollutant,” as used in 42 U.S.C. § 7521(a)(1), “unquestionably” and “unambiguous[ly]” encompasses greenhouse gases, which Congress specifically sought to

address through its passage of the 1970 Amendments.

Mass., 549 U.S. at 506, 529 n.26, 532. This Court further explained that the CAA uses broad language to

“confer the flexibility necessary to forestall . . . obsolescence.” Id. at 532 (observing that “without regulatory

flexibility, changing circumstances and scientific developments would soon render the [CAA] obsolete”).

In AEP, the scope of the EPA’s authority to regulate greenhouse gas emissions under the CAA was

again before this Court. 564 U.S. 410. This Court explained that “Congress [had] delegated to EPA the decision [of ] whether and how to regulate carbon-dioxide

emissions from powerplants” under the CAA, id. at

426, and acknowledged the common-sense rationale

for doing so. As this Court further explained: “[t]he

appropriate amount of regulation in any particular

16

greenhouse gas-producing sector cannot be prescribed

in a vacuum: As with other questions of national or international policy, informed assessment of competing

interests is required,” and “[t]he Clean Air Act entrusts

such complex balancing to EPA in the first instance, in

combination with state regulators.” Id. at 427; see also

id. at 428 (“It is altogether fitting that Congress designated an expert agency, here, EPA, as best suited to

serve as primary regulator of greenhouse gas emissions.”). Moreover, this Court’s decision in AEP pointed

specifically to Section 111, 42 U.S.C. § 7411, as a provision that “speaks directly to emissions of carbon dioxide from . . . [power] plants.” Id. at 424.

Finally, in UARG, this Court again confirmed that

Massachusetts v. EPA is settled law. In validating the

EPA’s interpretation of the CAA to require that certain

standards apply to greenhouse gases emitted from socalled “anyway” sources—facilities otherwise subject

to a specific type of review and permitting—seven

members of this Court rejected petitioners’ “urge[s]”

that the Court disallow the EPA from ever requiring

certain pollution control methods for greenhouse

gases. See UARG, 573 U.S. at 329, 331-32. This Court

reaffirmed the EPA’s authority to interpret the CAA’s

provisions as applying to greenhouse gas emissions

from stationary sources. See id. at 334 (holding that

“EPA may . . . continue to treat greenhouse gases as a

‘pollutant subject to regulation under this chapter [of

the CAA]’ for” stationary sources of greenhouse gases

that were already subject to relevant CAA program

regulations).

17

Here, as in UARG, “[w]e are not talking about extending EPA jurisdiction over millions of previously

unregulated entities, but [rather,] about . . . the demands EPA (or a state permitting authority) can make

of entities already subject to its regulation.” UARG,

573 U.S. at 332;4 see also Ann E. Carlson & Megan M.

Herzog, Text in Context: The Fate of Emergent Climate

Regulation After UARG and EME Homer, 39 Harv.

Envtl. L. Rev. 23, 33 (2015) (“Section 111(d) contains

broad grants of authority. . . . Moreover, adding a layer

of regulation to the power sector is far from a significant expansion of regulatory authority into a previously unregulated sector of the economy, as was at

4

To the extent that UARG separately held that the EPA had

exceeded its statutory authority by interpreting the CAA as imposing “the PSD and Title V permitting requirements . . . to all

stationary sources with the potential to emit greenhouse gases in

excess of the statutory thresholds . . . ,” UARG, 573 U.S. at 310,

amici note that: (1) neither the PSD nor Title V programs are implicated by the ACE Rule (nor, to the extent it is even at issue,

the Clean Power Plan); and (2) in this case, Section 111 applies

only to categories of stationary sources the EPA determines

“cause[ ], or contribute[ ] significantly to, air pollution which may

reasonably be anticipated to endanger public health or welfare.”

42 U.S.C. § 7411(b). “Source categories,” including power plants,

have been subject to regulation (and related litigation) under the

CAA—and Section 111 in particular—for decades. See, e.g., Sierra

Club v. Costle, 657 F.2d 298, 318 (D.C. Cir. 1981); Olijato Chapter

of Navajo Tribe v. Train, 515 F.2d 654, 656-57 (D.C. Cir. 1975),

superseded by statute on other grounds, Pub. L. No. 95-95,

§ 305(c)(3), 91 Stat. 685 (1977); cf. UARG, 573 U.S. at 328 (noting

that the PSD and Title V programs, as the EPA read the CAA at

the time, would create “newfound authority to regulate millions

of small sources”).

18

issue in UARG. . . . Power plants have been subjects of

CAA regulation since the CAA’s inception.”).

Accordingly, Petitioners’ artificially narrow reading of Section 111(d), 42 U.S.C. § 7411(d), is not only

belied by the plain text of the statute but is also irreconcilable with this Court’s prior precedents.

II.

SUBSEQUENT LEGISLATIVE ENACTMENTS

HAVE ONLY REINFORCED THE BROAD

REGULATORY AUTHORITY ORIGINALLY

CONFERRED ON THE EPA THROUGH THE

CLEAN AIR ACT.

The 91 members of Congress that support Petitioners in this case seek to suggest that the passage of

subsequent legislation on greenhouse gas emissions

somehow evinces the intent of Congress to weaken or

implicitly repeal the EPA’s scope of authority under

Section 111(d), 42 U.S.C. § 7411(d). See 91 Members Br.

at 13-19.

Specifically, those members point to the FUTURE

Act of 2018, Pub. L. No. 115-123, 132 Stat. 64, 162–68

(2018), the Consolidated Appropriations Act of 2021,

Pub. L. No. 116-260, 134 Stat. 2243 (2021), and the

Infrastructure Investment and Jobs Act of 2021, Pub.

L. No. 117-58, 135 Stat. 429 (2021),5 as examples of

5

Among other provisions, the Infrastructure Investment

and Jobs Act made substantial investments that could have an

enormous influence on the mix and environmental impact of

power generation sources in the United States. See Pub. L. No.

117-58, § 40323 ($6 billion for nuclear power plant operations); (2)

19

legislation that have specifically targeted greenhouse

gases, and attempt to characterize these subsequent

enactments as evidence that Congress did not intend

for the EPA to continue exercising its authority to regulate greenhouse gases under the CAA. That is simply

not how legislation works.6

id. § 41004 ($3.5 billion for carbon capture demonstration projects); (3) id. § 40314 ($8 billion for clean hydrogen hubs); id.

§§ 40101-40127 (new program, including $5 billion in grants, to

modernize the electrical grid).

This Court should not circumvent the plain text to unnecessarily narrow the EPA’s statutory authority before the agency has

even had an opportunity to develop and promulgate any new regulations pursuant to Section 111(d) it might consider in light of

these additional tools and investments. Substantial new investments in, inter alia, nuclear power, carbon capture and sequestration, hydrogen power, and electrical grid modernization over

the next several years will likely have a material impact on the

EPA’s analysis of the economic impact and national energy necessity of fossil fuel-based power sources that can be regulated under

Section 111(d). If some justiciable dispute arises from future regulations, those issues can be litigated at the appropriate time

when there has been a complete rulemaking process.

6

While Congress has enacted additional laws designed to

specifically reduce the proliferation of greenhouse gas emissions

in the United States, none of those provisions have sought to

curtail, either expressly or by implication, the EPA’s continuing

authority to regulate greenhouse gases, pursuant to various provisions of the CAA.

For example, the FUTURE Act references the CAA only by

adopting its definition of “lifecycle greenhouse gas emissions,”

Pub. L. No. 115-123, § 45Q(f )(3)(B)(ii), and does not create any

competing duties concerning the creation of air pollution standards for existing stationary sources not otherwise regulated by

the CAA.

Similarly, the Infrastructure Investment and Jobs Act only

refers to the CAA to incorporate relevant statutory definitions

20

As an initial matter, this argument misapplies the

“implied repeal” doctrine. It also fundamentally misconstrues the duty of Congress to consider and adopt

multi-faceted approaches to complex policy problems.

Congress has done exactly that to address a complex

challenge like climate change, giving federal agencies,

states, municipalities, and the private sector a combination of authorities, appropriations, incentives, and

duties that help to solve the problem.

To the extent the Congressional amici supporting

Petitioners seek to invoke the doctrine of implied repeal, they have plainly failed to meet their “heavy burden of showing ‘a clearly expressed congressional

and standards therefrom. See Pub. L. No. 116-260,

§ 11115(1)(C)(II) (amending 23 U.S.C. § 149 to include the definition of motor vehicles from “section 216 of the Clean Air Act”); id.

§ 11516(b)(4) (incorporating “national ambient air quality standards under section 109 of the Clean Air Act” into reports Congress will require of the Comptroller General of the United

States); id. § 71101 (amending 42 U.S.C. § 16091 to incorporate

“[a]ny air pollutant . . . listed pursuant to section 108(a) of the

Clean Air Act” into the Energy Policy Act of 2005).

And finally, the Consolidated Appropriations Act of 2021,

Pub. L. No. 116-260, directed the EPA to create an incentive program directed towards the development and implementation of

carbon sequestration technologies, id., Division S § 102, and expanded the EPA’s authority to regulate hydrofluorocarbons used

in manufacturing processes, id., Division S § 103, making clear it

was only amending “[s]ections 113, 114, 304, and 307 of the Clean

Air Act,” id., Division S § 103, but did not amend or otherwise

implicate any of the language contained in Section 111. Finally,

the Consolidated Appropriations Act of 2021 made several

amendments to the Energy Policy Act to improve research and

incentives related to emissions reduction, id., Division Z, Title IV,

VI.

21

intention’ that” the prior statute was impliedly repealed. Epic Sys. Corp. v. Lewis, ___ U.S. ___, 138 S. Ct.

1612, 1624 (2018) (quoting Vimar Seguros y Reaseguros, S.A. v. M/V Sky Reefer, 515 U.S. 528, 533

(1995)). Moreover, it is well-established that “[w]hen

confronted with two Acts of Congress allegedly touching on the same topic, this Court is not at ‘liberty to

pick and choose among congressional enactments’ and

must instead strive ‘to give effect to both.’ ” Epic Sys.,

138 S. Ct. at 1624 (quoting Morton v. Mancari, 417 U.S.

535, 551 (1974)).

This Court has “repeatedly stated . . . that absent

‘a clearly expressed congressional intention,’ . . . [a]n

implied repeal will only be found where provisions in

two statutes are in ‘irreconcilable conflict,’ or where the

latter Act covers the whole subject of the earlier one

and ‘is clearly intended as a substitute.’ ” Branch v.

Smith, 538 U.S. 254, 273 (2003) (plurality op.) (quoting

Morton v. Mancari, 417 U.S. 535, 551 (1974)); see also

J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred Int’l, Inc., 534

U.S. 124, 142 (2001) (“The rarity with which [the Court

has] discovered implied repeals is due to the relatively

stringent standard for such findings, namely that

there be an irreconcilable conflict between the two federal statutes at issue.” (alteration in original) (quoting

Matsushita Elec. Indus. Co., Ltd. v. Epstein, 516 U.S.

367, 381 (1996))); Scalia & Garner, READING LAW: THE

INTERPRETATION OF LEGAL TEXTS, at 327 (“Repeals by

implication are disfavored. . . . But a provision that

flatly contradicts an earlier-enacted provision repeals

it.”).

22

Implied amendments of prior statutes “are no

more favored than implied repeals.” Nat’l Ass’n of

Home Builders v. Defenders of Wildlife, 551 U.S. 644,

664 n.8 (2007); see also, e.g., Reg’l Rail Reorganization

Act Cases, 419 U.S. 102, 134 (1974) (“ ‘A new statute

will not be read as wholly or even partially amending

a prior one unless there exists a ‘positive repugnancy’

between the provisions of the new and those of the old

that cannot be reconciled.’ ” (quoting In re Penn Central

Transp. Co., 384 F. Supp. 895, 943 (Sp.Ct.R.R.R.A.

1974))).

In this case, there is no conflict between the text of

Section 111(d), 42 U.S.C. § 7411(d), and any subsequent legislative enactments—including those referenced by the 91 members of Congress that support

Petitioners in this case—that implement complementary strategies to tackle the policy challenge of climate

change. As this Court has previously observed, it would

indeed be impossible to tackle a challenge as vast and

multi-faceted as climate change without an equally

multi-faceted policy response. See Mass., 549 U.S. at

500 (“The Court has no difficulty reconciling Congress’

various efforts to promote interagency collaboration

and research to better understand climate change with

the Agency’s pre-existing mandate to regulate ‘any air

pollutant’ that may endanger the public welfare.”); id.

at 529-30 (“EPA never identifies any [post-CAA] action

remotely suggesting that Congress meant to curtail its

power to treat greenhouse gases as air pollutants. That

subsequent Congresses have eschewed enacting binding emissions limitations to combat global warming

23

tells us nothing about what Congress meant when it

amended [the CAA.]”).

In short, no complementary subsequent legislation references or conflicts with Section 111, 42 U.S.C.

§ 7411, in any way. This legislation merely shows that

Congress takes climate change extremely seriously

and has enacted additional legislation to complement

the EPA’s authority to regulate greenhouse gases, including its broad delegated authority under Section

111(d), 42 U.S.C. § 7411(d).

III. SUBSEQUENT LEGISLATIVE EFFORTS

TO REPEAL OR RESTRICT THE EPA’S AUTHORITY TO REGULATE GREENHOUSE

GASES THROUGH THE POLITICAL PROCESS HAVE FAILED.

Despite various invocations of the “major questions doctrine” to advance the view that issues relating

to the regulation of greenhouse gases should be addressed by elected officials who are accountable to the

public—the reality is that this case represents an attempt by Petitioners and their supporting amici to

end-run and avoid the legislative process altogether,

because it has not favored their interests.

Although “failed legislative proposals” are not

strongly probative in interpreting other enacted statutes, Cent. Bank of Denver v. First Interstate Bank of

Denver, 511 U.S. 164, 187 (1994), it is worth noting that

several current and former members of Congress, including some of Petitioners’ supporting amici, have

24

sponsored, participated in, or otherwise supported numerous unsuccessful efforts to prevent the EPA from

regulating greenhouse gases in a variety of contexts.7

As an example of one such proposed bill, the Electricity Security and Affordability Act. H.R. 3826, 113th

Cong. (2014) [hereinafter, the ESAA],8 sought to preclude the EPA from issuing any standards of performance for greenhouse gas emissions from existing

stationary sources under Section 111(d) unless separate federal legislation “specif[ied] such rule’s or guidelines’ effective date.” ESAA § 3(b). But, like all other

attempts to repeal or amend the EPA’s authority to

regulate greenhouse gases, the ESAA never gained the

support necessary to be enacted into law.

7

See, e.g., American Energy Renaissance Act of 2014, H.R.

4286 § 7002, S. 2170 § 7002, 113th Cong. (2014) (copying language

from prior proposed “Energy Tax Prevention Act,” seeking to expressly forbid the EPA from taking any action “to address climate

change” and redefining “air pollution” in the CAA); Stop the War

on Coal Act of 2012, H.R. 3409 § 330(b), 112th Cong. (2012)

(same); Grow America Act of 2012, S. 2199 § 371, 112th Cong.

(2012) (same); S. Amdt. 183 to S. 439, 112th Cong. (2011) (rejected

amendment to Small Business Innovation Research (SBIR) and

Small Business Technology Transfer (STTR) Reauthorization Act

of 2011 proposing to “prohibit” the EPA “from promulgating any

regulation concerning, taking action relating to, or taking into

consideration the emission of greenhouse gas to address climate

change”).

8

The ESAA passed the House but was not enacted by the

Senate. S. 1905, 113th Cong. (2014). Later in the 113th Congress,

the ESAA was incorporated into an energy policy omnibus bill.

H.R. 2, §§ 212-14, 113th Cong. (2014). This legislation was not

enacted either.

25

Members of Congress, including some of Petitioners’ supporting amici, have also attempted to use the

Congressional Review Act—as amici here successfully

did through the Congressional Disapproval Resolution—to rescind what they consider to be overreaching

regulations by the EPA like the Clean Power Plan.

Though Congress passed this resolution, the President

vetoed it. See S.J. Res. 24, 114th Cong. (2015). There

was not sufficient support to override the President’s

veto and the resolution failed.

Members of Congress, including some of Petitioners’ supporting amici, have also acted in their capacities as members of relevant committees responsible

for oversight of the EPA to hold hearings, request information from the EPA related to its regulatory decisions, and otherwise seek to hold the agency

politically accountable for what was, in their view, a

supposed misuse of its statutory authority. See, e.g.,

The Obama Administration’s Clean Power Plan, Republican Members of the Committee on Energy and

Commerce, U.S. House of Representatives, republicansenergycommerce.house.gov/power-plan/ (last visited

Jan. 21, 2022) (describing oversight activities by members of Congress critical of the Clean Power Plan).

These oversight efforts have not advanced their goal of

repealing or curtailing the EPA’s clear statutory authority to regulate greenhouse gas emissions under the

CAA.

Having failed to achieve sufficient support to ratify these changes to the CAA through the legislative

process, Petitioners and their amici now turn to this

26

Court to achieve what is fundamentally a legislative

and political end through judicial means.

Where the text of a statute is clear, albeit broad,

members of Congress and their constituents who disagree with an agency’s use of that clearly delegated authority have numerous options before them to

challenge or change that authority. Members of Congress supporting Petitioners as amici, among others,

have used them all many times over. But where there

is insufficient support in Congress to successfully effect those changes, seeking re-interpretation of the

statute by this Court should not be the next step.

---------------------------------♦---------------------------------

CONCLUSION

For these reasons, the judgment of the Court of

Appeals of the District of Columbia Circuit should be

affirmed.

January 25, 2022

Respectfully submitted,

AGATHA M. COLE

Counsel of Record

MAX E. RODRIGUEZ

ALISON BOROCHOFF-PORTE

RAPHAEL JANOVE

ADAM POLLOCK

POLLOCK COHEN LLP

60 Broad Street, 24th Floor

New York, NY 10004

(212) 337-5361

agatha@pollockcohen.com

Counsel for Amici Curiae

App. 1

APPENDIX:

LIST OF AMICI

Representative Kathy Castor of Florida,

14th Congressional District

Representative Frank Pallone, Jr. of New Jersey,

6th Congressional District

Senator Thomas R. Carper of Delaware

Speaker Nancy Pelosi of California,

12th Congressional District

Majority Leader Steny Hoyer of Maryland,

5th Congressional District

Majority Whip James E. Clyburn of South Carolina,

6th Congressional District

Assistant Speaker Katherine Clark of Massachusetts,

5th Congressional District

Democratic Caucus Chairman Hakeem Jeffries of

New York,

8th Congressional District

Senate Majority Leader Charles E. Schumer of

New York

Senate Majority Whip Richard J. Durbin of Illinois

Representative Alma S. Adams, Ph.D. of North Carolina,

12th Congressional District

Representative Pete Aguilar of California,

31st Congressional District

Representative Colin Allred of Texas,

32nd Congressional District

App. 2

Representative Jake Auchincloss of Massachusetts,

4th Congressional District

Representative Nanette Diaz Barragán of California,

44th Congressional District

Representative Karen Bass of California,

37th Congressional District

Representative Joyce Beatty of Ohio,

3rd Congressional District

Representative Donald S. Beyer Jr. of Virginia,

8th Congressional District

Representative Earl Blumenauer of Oregon,

3rd Congressional District

Representative Lisa Blunt Rochester of Delaware,

At-Large Congressional District

Representative Suzanne Bonamici of Oregon,

1st Congressional District

Representative Carolyn Bourdeaux of Georgia,

7th Congressional District

Representative Jamaal Bowman, Ed.D. of New York,

16th Congressional District

Representative Anthony G. Brown of Maryland,

4th Congressional District

Representative Shontel M. Brown of Ohio,

11th Congressional District

Representative Julia Brownley of California,

26th Congressional District

Representative Cori Bush of Missouri,

1st Congressional District

App. 3

Representative G. K. Butterfield of North Carolina,

1st Congressional District

Representative Salud Carbajal of California,

24th Congressional District

Representative Tony Cárdenas of California,

29th Congressional District

Representative André Carson of Indiana,

7th Congressional District

Representative Troy A. Carter, Sr. of Louisiana,

2nd Congressional District

Representative Matt Cartwright of Pennsylvania,

8th Congressional District

Representative Sean Casten of Illinois,

6th Congressional District

Representative Joaquin Castro of Texas,

20th Congressional District

Representative David N. Cicilline of Rhode Island,

1st Congressional District

Representative Yvette D. Clarke of New York,

9th Congressional District

Representative Emanuel Cleaver, II of Missouri,

5th Congressional District

Representative Steve Cohen of Tennessee,

9th Congressional District

Representative Gerald E. Connolly of Virginia,

11th Congressional District

Representative Jim Costa of California,

16th Congressional District

App. 4

Representative Joe Courtney of Connecticut,

2nd Congressional District

Representative Charlie Crist of Florida,

13th Congressional District

Representative Jason Crow of Colorado,

6th Congressional District

Representative Danny K. Davis of Illinois,

7th Congressional District

Representative Madeline Dean of Pennsylvania,

4th Congressional District

Representative Peter A. DeFazio of Oregon,

4th Congressional District

Representative Diana DeGette of Colorado,

1st Congressional District

Representative Suzan K. DelBene of Washington,

1st Congressional District

Representative Mark DeSaulnier of California,

11th Congressional District

Representative Ted Deutch of Florida,

22nd Congressional District

Representative Debbie Dingell of Michigan,

12th Congressional District

Representative Lloyd Doggett of Texas,

35th Congressional District

Representative Michael F. Doyle of Pennsylvania,

18th Congressional District

Representative Veronica Escobar of Texas,

16th Congressional District

App. 5

Representative Anna G. Eshoo of California,

18th Congressional District

Representative Adriano Espaillat of New York,

13th Congressional District

Representative Dwight Evans of Pennsylvania,

3rd Congressional District

Representative Bill Foster of Illinois,

11th Congressional District

Representative Lois Frankel of Florida,

21st Congressional District

Representative Ruben Gallego of Arizona,

7th Congressional District

Representative John Garamendi of California,

3rd Congressional District

Representative Jesús G. “Chuy” García of Illinois,

4th Congressional District

Representative Jimmy Gomez of California,

34th Congressional District

Representative Raúl M. Grijalva of Arizona,

3rd Congressional District

Representative Jahana Hayes of Connecticut,

5th Congressional District

Representative Jared Huffman of California,

2nd Congressional District

Representative Sheila Jackson Lee of Texas,

18th Congressional District

Representative Sara Jacobs of California,

53rd Congressional District

App. 6

Representative Pramila Jayapal of Washington,

7th Congressional District

Representative Eddie Bernice Johnson of Texas,

30th Congressional District

Representative Henry C. “Hank” Johnson of Georgia,

4th Congressional District

Representative Mondaire Jones of New York,

17th Congressional District

Representative Kaiali'i Kahele of Hawaii,

2nd Congressional District

Representative Marcy Kaptur of Ohio,

9th Congressional District

Representative William R. Keating of Massachusetts,

9th Congressional District

Representative Daniel T. Kildee of Michigan,

5th Congressional District

Representative Derek Kilmer of Washington,

6th Congressional District

Representative Andy Kim of New Jersey,

3rd Congressional District

Representative Raja Krishnamoorthi of Illinois,

8th Congressional District

Representative Ann McLane Kuster of

New Hampshire, 2nd Congressional District

Representative James R. Langevin of Rhode Island,

2nd Congressional District

Representative John B. Larson of Connecticut,

1st Congressional District

App. 7

Representative Brenda L. Lawrence of Michigan,

14th Congressional District

Representative Barbara Lee of California,

13th Congressional District

Representative Teresa Leger Fernández of New Mexico,

3rd Congressional District

Representative Andy Levin of Michigan,

9th Congressional District

Representative Mike Levin of California,

49th Congressional District

Representative Ted W. Lieu of California,

33rd Congressional District

Representative Alan Lowenthal of California,

47th Congressional District

Representative Stephen F. Lynch of Massachusetts,

8th Congressional District

Representative Tom Malinowski of New Jersey,

7th Congressional District

Representative Carolyn B. Maloney of New York,

12th Congressional District

Representative Sean Patrick Maloney of New York,

18th Congressional District

Representative Kathy Manning of North Carolina,

6th Congressional District

Representative Doris Matsui of California,

6th Congressional District

Representative Lucy McBath of Georgia,

6th Congressional District

App. 8

Representative Betty McCollum of Minnesota,

4th Congressional District

Representative Donald McEachin of Virginia,

4th Congressional District

Representative James P. McGovern of Massachusetts,

2nd Congressional District

Representative Jerry McNerney of California,

9th Congressional District

Representative Gregory Meeks of New York,

5th Congressional District

Representative Grace Meng of New York,

6th Congressional District

Representative Kweisi Mfume of Maryland,

7th Congressional District

Representative Gwen Moore of Wisconsin,

4th Congressional District

Representative Seth Moulton of Massachusetts,

6th Congressional District

Representative Jerrold Nadler of New York,

10th Congressional District

Representative Joe Neguse of Colorado,

2nd Congressional District

Representative Marie Newman of Illinois,

3rd Congressional District

Representative Eleanor Holmes Norton of the District

of Columbia, At-Large Congressional District

Representative Alexandria Ocasio-Cortez of New York,

14th Congressional District

App. 9

Representative Tom O’Halleran of Arizona,

1st Congressional District

Representative Jimmy Panetta of California,

20th Congressional District

Representative Bill Pascrell, Jr. of New Jersey,

9th Congressional District

Representative Donald M. Payne, Jr. of New Jersey,

10th Congressional District

Representative Ed Perlmutter of Colorado,

7th Congressional District

Representative Scott H. Peters of California,

52nd Congressional District

Representative Chellie Pingree of Maine,

1st Congressional District

Representative Mark Pocan of Wisconsin,

2nd Congressional District

Representative Katie Porter of California,

45th Congressional District

Representative Ayanna Pressley of Massachusetts,

7th Congressional District

Representative David E. Price of North Carolina,

4th Congressional District

Representative Mike Quigley of Illinois,

5th Congressional District

Representative Jamie Raskin of Maryland,

8th Congressional District

Representative Kathleen M. Rice of New York,

4th Congressional District

App. 10

Representative Deborah K. Ross of North Carolina,

2nd Congressional District

Representative Bobby L. Rush of Illinois,

1st Congressional District

Representative Linda T. Sánchez of California,

38th Congressional District

Representative Michael F.Q. San Nicolas of Guam,

At-Large Congressional District

Representative John Sarbanes of Maryland,

3rd Congressional District

Representative Mary Gay Scanlon of Pennsylvania,

5th Congressional District

Representative Jan Schakowsky of Illinois,

9th Congressional District

Representative Adam B. Schiff of California,

28th Congressional District

Representative Bradley S. Schneider of Illinois,

10th Congressional District

Representative Kurt Schrader of Oregon,

5th Congressional District

Representative Kim Schrier of Washington,

8th Congressional District

Representative David Scott of Georgia,

13th Congressional District

Representative Robert C. “Bobby” Scott of Virginia,

3rd Congressional District

Representative Terri A. Sewell of Alabama,

7th Congressional District

App. 11

Representative Mikie Sherrill of New Jersey,

11th Congressional District

Representative Albio Sires of New Jersey,

8th Congressional District

Representative Adam Smith of Washington,

9th Congressional District

Representative Darren Soto of Florida,

9th Congressional District

Representative Jackie Speier of California,

14th Congressional District

Representative Haley Stevens of Michigan,

11th Congressional District

Representative Marilyn Strickland of Washington,

10th Congressional District

Representative Thomas R. Suozzi of New York,

3rd Congressional District

Representative Mark Takano of California,

41st Congressional District

Representative Mike Thompson of California,

5th Congressional District

Representative Dina Titus of Nevada,

1st Congressional District

Representative Rashida Tlaib of Michigan,

13th Congressional District

Representative Paul D. Tonko of New York,

20th Congressional District

Representative Norma J. Torres of California,

35th Congressional District

App. 12

Representative Ritchie Torres of New York,

15th Congressional District

Representative Lori Trahan of Massachusetts,

3rd Congressional District

Representative David Trone of Maryland,

6th Congressional District

Representative Marc Veasey of Texas,

33rd Congressional District

Representative Nydia M. Velázquez of New York,

7th Congressional District

Representative Debbie Wasserman Schultz of Florida,

23rd Congressional District

Representative Maxine Waters of California,

43rd Congressional District

Representative Bonnie Watson Coleman of

New Jersey, 12th Congressional District

Representative Peter Welch of Vermont,

At-Large Congressional District

Representative Susan Wild of Pennsylvania,

7th Congressional District

Representative Nikema Williams of Georgia,

5th Congressional District

Representative Frederica S. Wilson of Florida,

24th Congressional District

Representative John Yarmuth of Kentucky,

3rd Congressional District

App. 13

Senator Tammy Baldwin of Wisconsin

Senator Michael F. Bennet of Colorado

Senator Cory A. Booker of New Jersey

Senator Sherrod Brown of Ohio

Senator Benjamin L. Cardin of Maryland

Senator Robert P. Casey, Jr. of Pennsylvania

Senator Christopher A. Coons of Delaware

Senator Tammy Duckworth of Illinois

Senator Dianne Feinstein of California

Senator Kirsten Gillibrand of New York

Senator Martin Heinrich of New Mexico

Senator Mazie K. Hirono of Hawaii

Senator Angus S. King, Jr. of Maine

Senator Amy Klobuchar of Minnesota

Senator Patrick J. Leahy of Vermont

Senator Ben Ray Luján of New Mexico

Senator Edward J. Markey of Massachusetts

Senator Robert Menendez of New Jersey

Senator Jeffrey Merkley of Oregon

Senator Alex Padilla of California

Senator Brian Schatz of Hawaii

Senator Jeanne Shaheen of New Hampshire

Senator Tina Smith of Minnesota

App. 14

Senator Debbie Stabenow of Michigan

Senator Chris Van Hollen of Maryland

Senator Ron Wyden of Oregon

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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