Letter to Senate: Halt EPA, support Murkowski-Lincoln resolution

To All Members of the U.S. Senate

Dear Senator:

In the near future, the Senate will take up consideration of S. J. Res. 26, a resolution to disapprove EPA's proposal to regulate greenhouse gases. Our organizations, representing millions of workers in every state of the nation, in every walk of life, across a broad spectrum of the economy from rural communities to the largest cities, urge you to vote in favor of this resolution.

Members from both sides of the aisle have said throughout the climate change debate that this matter should be decided by Congress, not by the EPA. We agree. In recent days, bipartisan legislation has been introduced in the House to amend the Clean Air Act to prevent EPA from regulating greenhouse gases. In the Senate, Senator Rockefeller and others are now working on legislation to forestall EPA from moving forward. There clearly is strong, bipartisan support for Congress to intervene in this matter. The only outstanding question is how.

S. J. Res. 26 provides the clearest and most sensible approach and has already gained the bipartisan support of 41 Senators. Most importantly, it directly addresses several fundamental problems with allowing EPA to pursue its regulatory course:

• EPA's 'tailoring' concept has little legal foundation. If Congress allows the rule to move
  forward, thus permitting the agency to ignore explicit statutory language defining what is a
  major source, it will acquiesce to the agency, establishing a breathtaking legal precedent. We urge Congress not to grant the agency this precedent.
• In her letter of February 22, 2010, the Administrator states that the agency 'does not intend to
  subject the smallest' sources of GHG emissions to permitting before 2016. Even if the courts ratify EPA?s intentions, we are greatly concerned that small businesses, small farms, hospitals and small manufacturers will be brought under a regulatory regime that will be expensive, onerous and crippling to our economy – while providing little to no environmental benefit.

Only S. J. Res. 26 addresses these critical questions and does so in a responsible way that protects the prerogatives of Congress. While we respect proposals to amend the underlying statute and are
prepared to work with members on both sides of the aisle on a permanent solution that may build upon those legislative initiatives, the undersigned organizations, all of whom face regulation by EPA, cannot wait.

We strongly urge all Senators to vote "Yes" on S. J. Res. 26.

Sincerely,

Agricultural Retailers Association
Alabama Coal Association
Alabama Petroleum Council
Alaska Miners Association
American Coal Council
American Exploration & Production Council
American Farm Bureau Federation
American Foundry Society
American Meat Institute
American Sugar Alliance
American Sugarbeet Growers Association
API
Arizona Mining Association
Arkansas Petroleum Council
Associated Builders and Contractors, Inc.
Associated Petroleum Industries of Michigan
Associated Petroleum Industries of Pennsylvania
Black Hills Corporation
Brick Industry Association
Carpet and Rug Institute
Coal Operators & Associates
Colorado Mining Association
Congress of Racial Equality
Connecticut Petroleum Council
Cotton Warehouse Association of America
CropLife America
Dairy Farmers of America
Delaware Petroleum Council
Family Farm Alliance
Florida Petroleum Council
Forging Industry Association
Friends of Coal
Gas Processors Association
Georgia Mining Association
Georgia Petroleum Council
Idaho Mining Association
Illinois Coal Association
Illinois Petroleum Council
Independent Petroleum Association of America
Indiana Coal Association
Indiana Petroleum Council
Industrial Energy Consumers of America
Industrial Fasteners Institute
Kansas Petroleum Council
Kentucky Coal Association
Lignite Energy Council
Louisiana Mid-Continent Oil & Gas Association
Maryland Coal Association
Maryland Petroleum Council
Massachusetts Petroleum Council
Metal Treating Institute
MiningMinnesota
Minnesota Corn Growers Association
Missouri Petroleum Council
Montana Petroleum Association
National Association for Convenience Stores
National Association for Surface Finishing
National Black Chamber of Commerce
National Federation of Independent Business
National Milk Producers Federation
National Mining Association
National Petrochemical & Refiners Association
National Roofing Contractors Association
Natural Gas Supply Association
New Jersey Petroleum Council
New Mexico Mining Association
New York State Petroleum Council
North American Die Casting Association
North Carolina Petroleum Council
Northwest Mining Association
Ohio Cast Metals Association
Ohio Coal Association
Ohio Petroleum Council
Petroleum Association of Wyoming
Petroleum Marketers Association of America
PolymerOhio, Inc
Small Business and Entrepreneurship Council
South Carolina Petroleum Council
Southwest Council of Agribusiness
Steel Founders? Society of America
Steel Manufacturers Association
Tennessee Mining Association
Tennessee Petroleum Council
The Fertilizer Institute
United States Beet Sugar Association
US Chamber of Commerce
US Oil & Gas Association
US Oil & Gas Association, Mississippi/Alabama Division
Utah Mining Association
Virginia Coal Association
Virginia Mining Association
Virginia Petroleum Council
West Virginia Coal Association
Western Business Roundtable
Western Growers Association
Western States Petroleum Association
Wisconsin Petroleum Council
Wyoming Mining Association