Memorandum of Disapproval Concerning Legislation Regarding Congressional Disapproval of an Environmental Protection Agency Rule on Standards of Performance for Greenhouse Gas Emissions
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 vetoed a congressional resolution that would have blocked Environmental Protection Agency standards limiting carbon pollution from new, modified, and reconstructed power plants. Congress had passed this resolution under a law that allows it to disapprove federal agency rules, but the President rejected it through a memorandum of disapproval in December 2015.
The EPA standards being protected affect power plants, which are identified as the largest source of greenhouse gas pollution in the country. These standards would require that when major investments are made in new power generation infrastructure, available technologies must be used to reduce carbon emissions as much as possible. Without these standards, the resolution would have allowed continued construction of what the administration described as outdated, high-polluting infrastructure.
The President based his veto on concerns about climate change, citing the EPA's 2009 determination that greenhouse gas pollution endangers Americans' health and welfare. The memorandum notes that carbon dioxide levels are higher than they have been in at least 800,000 years and references anticipated impacts including stronger storms, deeper droughts, and longer wildfire seasons. The Pentagon had also determined that climate change poses immediate risks to national security.
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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 Standards of Performance for Greenhouse Gas Emissions") provides direction to executive branch agencies. The stated purpose: "Climate change poses a profound threat to our future and future generations." 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 Standards of Performance for Greenhouse Gas Emissions December 18, 2015 S.J. Res. 23 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 "Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units." This resolution would nullify EPA's carbon pollution standards for new, modified, and reconstructed 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 cli