Memorandum of Disapproval Concerning Legislation Regarding Congressional Disapproval of an Environmental Protection Agency Rule on Carbon Pollution Emission Guidelines
Issued 2015-12-18 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Obama blocked a congressional resolution that would have nullified the Clean Power Plan, which established the first national standards to address greenhouse gas pollution from existing power plants. The resolution, known as S.J. Res. 24, attempted to use congressional disapproval procedures to eliminate the Environmental Protection Agency rule on carbon pollution emission guidelines. Obama withheld his approval of the resolution through a memorandum of disapproval, effectively vetoing it.
The Clean Power Plan was projected to reduce carbon pollution from power plants by 32 percent from 2005 levels by 2030. According to the administration, eliminating the plan would have removed public health benefits valued at up to $54 billion per year by 2030, including preventing thousands of premature deaths from air pollution and thousands of childhood asthma attacks annually. The plan gave states time and flexibility to develop their own cost-effective plans to reduce emissions.
Obama's action preserved the Clean Power Plan, which the administration described as essential for addressing the largest source of greenhouse gas pollution in the country. The President cited the EPA's 2009 determination that greenhouse gas pollution endangers Americans' health and welfare, and referenced concerns from the Pentagon about climate change posing risks to national security.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum of Disapproval Concerning Legislation Regarding Congressional Disapproval of an Environmental Protection Agency Rule on Carbon Pollution Emission Guidelines") provides direction to executive branch agencies. The stated purpose: "climate-destabilizing greenhouse gas pollution from existing power plants." Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.
Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.
Official Summary
Administration of Barack Obama, 2015 Memorandum of Disapproval Concerning Legislation Regarding Congressional Disapproval of an Environmental Protection Agency Rule on Carbon Pollution Emission Guidelines December 18, 2015 S.J. Res. 24 is a joint resolution providing for congressional disapproval under chapter 8 of title 5 of the United States Code of a rule submitted by the Environmental Protection Agency (EPA) relating to "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units." This resolution would nullify the Clean Power Plan, the first national standards to address climate-destabilizing greenhouse gas pollution from existing power plants. Accordingly, I am withholding my approval of this resolution. (The Pocket Veto Case, 279 U.S. 655 (1929)). Climate change poses a profound threat to our future and future generations. Atmospheric levels of carbon dioxide, a primary greenhouse gas, are higher than they have been in at least 800,000 years. In 2009, EPA determined that greenhouse gas pollution endangers Americans' health and welfare by causing long-lasting changes in the climate that can have, and are already having, a range of negative effects on human health, the climate, and the environment. We are already seeing the impacts of climate c