REFERENCE TITLE: clean air act; EPA powers

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SCM 1004

Introduced by

Senators Carroll: Angius, Gowan, Payne, Shamp, Shope

A CONCURRENT MEMORIAL

Urging the Congress of the United States to limit the authority of the united states Environmental Protection Agency.

(TEXT OF BILL BEGINS ON NEXT PAGE)

To the Congress of the United States of America:

      Your memorialist respectfully represents:

      Whereas, in 1970, the United States Environmental Protection Agency (EPA) was established to reduce environmental risks and ensure that Americans have clean air, land and water; and

      Whereas, the Clean Air Act of 1970 authorized the development of comprehensive federal and state regulations to limit emissions from both stationary industrial sources and mobile sources; and

      Whereas, section 112 of the Clean Air Act allows for the regulation of hazardous air pollutants but does not include carbon dioxide (CO2) or methane; and

      Whereas, greenhouse gases like CO2 and methane are not acutely toxic like other hazardous pollutants and have no direct impact on human health; and

      Whereas, there is no consensus as to whether global warming is a problem or a benefit or how current temperatures fit into the broader climate context; and

      Whereas, global temperatures, droughts, floods and hurricanes have not increased with increasing global CO2 emissions; and

      Whereas, the EPA has no explicit statutory authority to regulate greenhouse gases; and

      Whereas, under the "major questions doctrine" as applied in West Virginia v. Environmental Protection Agency in 2022, the United States Supreme Court ruled that the EPA does not have the authority to regulate a fundamental sector of the economy without clear authorization from Congress; and

      Whereas, Congress has not amended the Clean Air Act to provide such authorization to the EPA; and

      Whereas, the continued regulation of greenhouse gases by the EPA violates the separation of powers doctrine.

Wherefore your memorialist, the Senate of the State of Arizona, the House of Representatives concurring, prays:

      1. That the Congress of the United States clearly define the EPA's powers and duties and end the EPA's regulation overreach on the economy.

      2. That the Secretary of State of the State of Arizona transmit a copy of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.