WASHINGTON – As radical environmental groups pressure President Biden to issue a national climate emergency, U.S. Senator John Boozman (R-AR) and Shelley Moore Capito (R-WV), Ranking Member of the Senate Environment and Public Works (EPW) Committee, are leading legislation to prevent the abuse of executive action with the introduction of the Real Emergencies Act. 

The Real Emergencies Act would prohibit the president from using the three primary statutory authorities available to him (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 such as tornadoes, hurricanes and flooding may still be declared.   

“As prices rise at the pump, the answer to containing costs is to unleash the abundance of American energy. I’ve long championed an all-of-the-above energy strategy and it’s time President Biden take action to strengthen our resources and reject enacting extreme environmental policies that will make it more expensive to fill up our vehicles and heat our homes,”  Boozman said. 

“Right now, Americans are paying astronomical rates at the pump—with our country having already surpassed the highest recorded average gas price ever. Instead of addressing this problem head on and promoting policies that encourage American energy independence, President Biden and his administration would rather ignore these problems. In the meantime, they are coordinating with extreme environmental groups behind the scenes to lay the groundwork to implement the administration’s zealous climate agenda by declaring a ‘national climate emergency.’ Our legislation would ensure the president cannot use made-up powers to circumvent Congress and govern by executive overreach,” Capito said. 

In addition to Boozman and Capito, the legislation is supported by Senators Jim Inhofe (R-OK), Kevin Cramer (R-ND), Cynthia Lummis (R-WY), Roger Wicker (R-MS), John Barrasso (R-WY), John Cornyn (R-TX), Rick Scott (R-FL), John Hoeven (R-ND), Marsha Blackburn (R-TN) and James Lankford (R-OK).

Companion legislation was introduced in the U.S. House of Representatives by David B. McKinley (R-WV). 

Click here to read a one-pager on the legislation.