WASHINGTON, D.C. – U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works (EPW) Committee, and a group of her colleagues recently re-introduced the Real Emergencies Act, legislation to clarify that the president does not have the authority to declare a national emergency on the premise of climate change.

“The Biden administration has repeatedly governed by executive overreach when it comes to energy and environmental regulations, ignoring the law and doing so without congressional approval. These regulations have made us less energy independent, led to higher prices for consumers, and created uncertainty for employers and workers across the country. The Real Emergencies Act would ensure the president cannot go further by declaring a national emergency, which would grant him more executive authority and grow the size of government all in the name of climate change,” Ranking Member Capito said.

Cosponsors of Ranking Member Capito’s Real Emergencies Act include U.S. Senators John Barasso (R-Wyo.), John Boozman (R-Ark.), Kevin Cramer (R-N.D.), John Hoeven (R- N.D.), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Pete Ricketts (R-Neb.), Dan Sullivan (R-Alaska), and Roger Wicker (R- Miss.).

A companion bill has been introduced in the House of Representatives by U.S. Rep. August Pfluger (R-Texas-11).


Specifically, the Real Emergencies Act would prohibit the president from using the three primary statutory authorities available (the National Emergencies Act, the Stafford Act, and section 319 of the Public Health Service Act) to declare a national emergency solely on the basis of climate change. Actual national emergencies or major disasters (hurricanes, flooding, etc.) may still be declared. 

In the last Congress, Capito led the introduction of the Real Emergencies Act in April 2022.

Click here to read the full bill text.

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