ABSTRACT
The EPA is attempting an unconstitutional trifecta: usurping the prerogative of the states, Congress and the federal courts all at once. A strategy has been to use Continuing Resolutions to attempt to remove the EPA's capacity to fund its regulatory initiatives. A Continuing Resolution is, in effect, a contingency appropriations bill used to fund federal agencies in the absence of a formal budget. In an attempt to close off litigation as a proxy for climate regulation, GOP officials have increasingly made concerted efforts to remove the clauses allowing for citizen suits in environmental statutes. Two such bills put forth by congressional Republicans would remove all civil litigation provisions under the Clean Air Act, the National Environmental Policy Act, and the Endangered Species Act. Arizona was the first state to signal its intention to leave, as Republican Governor Jan Brewer issued an executive order prohibiting any system of regulations that would raise energy costs for businesses or consumers.
