Inhofe, Capito Statement on CAA 321(a) Court Decision


WASHINGTON – U.S. Sen. Jim Inhofe (R-Okla.), chairman of the Senate Environment and Public Works (EPW) Committee, and U.S. Sen. Shelley Moore Capito (R-W.Va.), chairwoman of the EPW’s Clean Air and Nuclear Safety Subcommittee, today released a statement on the West Virginia federal district court’s decision that the U.S. Environmental Protection Agency (EPA) has not been in compliance with section 321(a) of the Clean Air Act and must start evaluating how regulations impact American jobs.


“This decision from the West Virginia federal district court is long overdue,” Inhofe said. “Despite clear requirements in the Clean Air Act, the EPA has failed to conduct analyses of how it’s unilateral regulations are affecting businesses and hard-working Americans across the country. Given that the EPA under this administration has greatly increased the volume of job-killing regulations, this court decision is a welcome and necessary step to protecting American jobs. I have worked to legislatively hold EPA accountable to the law, and I will continue to closely monitor the agency to ensure this review is done right.”


“For years, I have called on EPA to follow the law and consider the economic impacts of its regulations,” Capito said. “EPA has gone to great lengths to avoid the concerns of those most affected by its far-reaching regulations, crafting policies that fail to consider true economic costs like the thousands of jobs that have been lost throughout West Virginia. I’m pleased that Judge Bailey has ordered EPA to finally start the process of considering those impacts.”





On March 26, 2014, Sen. Inhofe and 30 co-sponsors introduced S. 2161,  the EPA Employment Impact Analysis Act, a bill that would prohibit the Environmental Protection Agency (EPA) from finalizing any major regulation until the agency analyzes the economic impact of its current air regulations as required under Section 321(a) of the Clean Air Act.


On March 23, 2015, Sen. Capito held an EPW field hearing in Beckley, West Virginia, entitled, “Hearing to Examine Impacts of EPA’s Carbon Regulations in Coal-dependent West Virginia.” 


On June 23, 2015, Sen. Capito held an EPW Subcommittee on Clean Air and Nuclear Safety hearing entitled, “The Impacts of EPA’s proposed Carbon Regulations on Energy Costs for American Businesses, Rural Communities and Families, and a legislative hearing on S. 1324.”


On Feb. 3, Sen. Inhofe sponsored S. Amdt. 3008 to S. 2012, The Energy Policy Modernization Act of 2015. This amendment would prohibit EPA from issuing any proposed or final rule under the Clean Air Act until EPA improves certain employment analyses under the Act. 


On Oct. 5, Sen. Capito held an EPW Subcommittee on Clean Air and Nuclear Safety field hearing  in Logan West, Virginia, entitled, “Examining the Local Impacts of EPA’s Climate Regulations.”