Sen. Cramer Discusses West Virginia v. EPA Supreme Court Ruling, Federal Agency Overreach on Kudlow

Statement

U.S. Senator Kevin Cramer (R-ND), member of the Senate Environment and Public Works Committee, joined Fox Business's Kudlow to discuss the Supreme Court's ruling on West Virginia v. EPA and the pattern of federal agency overreach. He also highlighted how the conservative Supreme Court majority is keeping federal agencies in check and adhering to the Constitution. Excerpts and full video are below.

On West Virginia v. EPA Supreme Court Ruling:

"I think West Virginia v. EPA, which North Dakota was a party to, is precedent-setting in sort of a broad way. It certainly gives a clear signal from this Court that the overreach of the federal government will not be tolerated. In fact, there are limits on the rules and regulations that environmental and other agencies can force on industry unless, of course, it's something that the people's representatives in Congress have passed into law. What we have seen are these agencies doing extra-legal, extra-statutory, and even extra-constitutional rules and getting by with them until now. This is a major victory. I think West Virginia v. EPA is just the beginning of the pushback against the [administrative] state."

On Federal Agency Overreach:

"Let's first go to the source of the problem and that is the agencies. The agencies, if they're paying any attention, should recognize that they do not have this extra-statutory, extra-constitutional authority. Hopefully, the rules that come out from them and the regulations that come from the White House will be more in line with this thinking and with what is foundational to our constitution -- that is federalism, states' rights, and individual rights. But then if [agencies] don't, the district courts, and certainly the appellate courts will have to look at the West Virginia v. EPA ruling and say, "maybe not so much federal agencies. We don't defer to you, we defer to the Constitution, we defer to states, and we defer to Congress.' When Congress doesn't speak to something that doesn't imply the absence means you can do whatever you want."

"This is why Donald Trump was President for four years. This is why Mitch McConnell was Majority Leader, so we could restore states' rights. What I think, ultimately, the best outcome would be is if we just had a lot less need for federal government. Now states can take back control what states are supposed to have control of."

"You have Pete Buttigieg over at the Department of Transportation doing his thing with greenhouse gas emission standards for State [Departments of Transportation], which is a direct assault on states' rights. By the way, in the infrastructure bill, we specifically excluded the ability of the federal government to do this. Maybe I was expecting too much to think agencies were going to behave better, but I do think they have to look at the entire value chain all the way up to the Supreme Court of the United States and know that these [actions] are not going in the direction the Supreme Court says."

On the Conservative Supreme Court Majority:

"What I think is so important and so impressive about this Supreme Court is they stick to the Constitution. They stick to statute. They expect agencies to stick to what has been passed in law and the authorities that have been given by elected representatives -- not to add these extra-statutory, extra-constitutional authorities."

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