Senator Cynthia Lummis of Wyoming and Senator Ted Cruz of Texas filed an amicus brief on April 15 in support of the Trump administration’s efforts to repeal the Environmental Protection Agency’s greenhouse gas endangerment finding. The senators argue that the EPA is acting without congressional authorization to enforce such regulations.
The issue centers on whether executive agencies like the EPA have authority from Congress to issue regulations with broad economic and political impact. Lummis, who chairs the Subcommittee on Clean Air, Climate, and Nuclear Innovation and Safety for the Senate Committee on Environment and Public Works, joined Cruz in submitting their perspective as members of Congress.
“Namely, both have a strong interest in judicial interpretations that preserve the legislative powers that Article I of the Constitution vests exclusively in Congress. Amici share an interest in ensuring that the judiciary serves as an appropriate check on the executive branch and vigilantly safeguards the Constitution’s separation of powers. In addition, amici have an interest in ensuring that executive agencies–– like the EPA––exercise only the authority Congress delegated to them, meaning that Congress retains all federal legislative power. When an executive agency issues regulations with vast economic and political significance, the courts must invoke the major questions doctrine to protect the Constitution’s separation of powers,” Lummis and Cruz said in their filing.
The senators emphasized their unique perspective as lawmakers regarding how legal doctrines apply to significant regulatory actions by federal agencies. They said their brief was necessary because it analyzes how invoking what is known as “the major questions doctrine” preserves congressional lawmaking authority when repealing rules such as those related to greenhouse gas emissions standards for vehicles.
Lummis has a background rooted in Wyoming agriculture; she grew up on a cattle ranch in Laramie County according to her official website. She earned degrees in animal science, biology, and law from the University of Wyoming according to her official website, before dedicating years to public service including roles supporting state government operations according to her official website. Her experience includes serving as state treasurer, representing Wyoming at both state legislative levels and later as a member of U.S. House of Representatives according to her official website.
In addition to her committee work focused on responsible budgeting and stewardship over public lands—including energy policy—Lummis previously helped found a congressional caucus advocating for limited government spending according to her official website.
As this legal challenge moves forward, Lummis’s involvement highlights ongoing debates about federal agency authority versus congressional power over environmental regulation.
