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May 19, 1999 CONGRESSIONAL RECORD Ð Extensions of Remarks E1015 EXTENSIONS OF REMARKS THE COURTS THWART THE EPA'S doing nothing at all and shutting down an CONGRATULATING THE MEN'S POWER GRAB industry. The governing case (Lead Indus- VOLLEYBALL TEAM OF BYU tries Association v. EPA) gave the EPA this broad power because it was issued by the HON. MICHAEL G. OXLEY D.C. Circuit five days before the Supreme HON. CHRIS CANNON OF OHIO Court's benzene decision, and thus was unaf- OF UTAH IN THE HOUSE OF REPRESENTATIVES fected by the latter ruling. But it was only a IN THE HOUSE OF REPRESENTATIVES matter of time before the EPA's power would Wednesday, May 19, 1999 collide with the Supreme Court's limita- Wednesday, May 19, 1999 Mr. OXLEY. Mr. Speaker, many of us tions. Mr. CANNON. Mr. Speaker, on May 8, 1999 voiced serious concern when the U.S. Envi- For those subject to the EPA's unchecked in Los Angeles, Brigham Young University ronmental Protection Agency approved strict authority, the day of reckoning came none won its first-ever NCAA men's volleyball title in new NAAQs standards affecting ozone and too soon. EPA issued these rules in July 1997 despite: their first-ever NCAA Tournament appearance. particulate matter levels. We warned that EPA They finished the season with a record of 30± was not basing the standards on good Its science advisory board's admonition that the new ozone rule did not deal with 1, suffering their only loss to Long Beach science, and indeed questioned whether the any new significant risk not already ad- State whom they beat in the finals. Joining agency was running amok. This issue was of dressed by the rule it replaced. Penn State, BYU became the second non- particular importance in my home state of The board's inability to identify any prop- California team to win the Championship. Ohio, which faced billions of dollars in compli- er level of fine particulate matter to regu- BYU men's volleyball program began NCAA ance costs with little prospect of any real ben- late. competition in 1990, headed by current coach efit to human health and the environment. In Universal recognition that extensive re- Carl McGown. Initially struggling through some a vindication, these rules have now been over- search was necessary to develop any imple- difficult seasons, they quickly rose to ardently menting regulations for particulate matter. turned by an appeals court. I commend the compete with traditionally strong California following Wall Street Journal article to the at- Unrebutted evidence that the ozone rule could cause more public health harm than teams. They deftly handled big name schools tention of my colleagues. good. like UCLA, USC, Pepperdine, and UCSB. THE COURTS THWART THE EPA'S POWER GRAB Unconstrained by any coherent principle, I congratulate the fine athletes, coaches, (By C. Boyden Gray and Alan Charles Raul) the rules were the ultimate example of legis- and trainers who comprise the BYU men's Last week a three-judge panel of the U.S. lative horse trading. The EPA declared that volleyball program. Their dedication, endur- Court of Appeals for the District of Columbia in order to defuse some political opposition, ance, and commitment are examples to all threw out the Environmental Protection it was going to exempt or favor its political who seek lofty, worthwhile goals. Agency's sweeping ozone and particulate- allies, such as farmers, certain small busi- f matter rules. Citing a doctrine known as ness, and that section of the country (the ``nondelegation,'' the judges held that the Northeast) that provided political support CONGRATULATIONS TO THE MUSIC EPA was exercising too much power, effec- for the rules. ``The new rules do not reflect DEPARTMENT OF OTTAWA the inescapable result of the available tively making rather than enforcing the law. TOWNSHIP HIGH SCHOOL The decision could have far-reaching impli- science, but simply the judgment of a polit- cations for all government rulemaking, but ical appointee,'' said Rep. John Dingell (D., it should not have come as a shock. The Mich.), one of the principal architects of the HON. JERRY WELLER EPA's usurpation of legislative power has Clean Air Act. OF ILLINOIS The D.C. Circuit's decision to overturn provoked significant controversy in recent IN THE HOUSE OF REPRESENTATIVES years, and the only surprise is how long it these rules is not inherently took for the courts to bring it under control. antienvironmental. It leaves the EPA with Wednesday, May 19, 1999 Contrary to much prevailing opinion considerable power to decide how much envi- ronmental protection the country needs. The Mr. WELLER. Mr. Speaker, I rise today to among both journalists and lawyers, the offer congratulations to the Music Department nondelegation doctrine is not some arcane, court simply said the EPA is not omnipo- obscure and benighted legal relic of the pre- tent. Its power must be limited by ``intel- of Ottawa Township High School of Ottawa, New Deal era. The doctrine has been alive ligible principles'' that Congress incor- IL, for the remarkable achievement of winning and well, serving primarily as a canon of ju- porated into the Clean Air Act. The rep- the Illinois State Championship in Music com- dicial construction to save otherwise overly resentatives who face the voters' music must petition for the third consecutive year. broad statutory grants or agency claims of call the agency's tune. For nearly the past two decades, the Ottawa legislative authority from being held uncon- This decision does nothing to impair the Township High School Music Department has stitutional. EPA's implementation of Congress's explicit dominated the Illinois High School Association directives in the 1990 amendments to the The most important regulatory example of music competition by finishing in the top three the doctrine's use was in the Supreme Clean Air Act, such as its recent auto and Court's 1980 decision Industrial Union De- gasoline rules. The real question is whether places fourteen times and never lower than partment v. American Petroleum Institute, future policy will be set by Congress or the ninth place. On only four occasions in the his- which involved the Occupational Safety and unelected managers of the EPA. At present, tory of the music competition have schools Health Administration's regulation of ben- EPA has presented no reason for going be- compiled more than 1,000 points. Two of zene. The court was faced with a claim that yond the provisions of the 1990 Clean Air Act these four 1,000-plus point finishes belong to OSHA has untrammeled discretion to choose Amendments, which the agency has not yet Ottawa Township High School. The Ottawa any regulatory policy in the spectrum be- fully implemented. EPA's backdoor efforts Township High School Music Department also to regulate green-house gases will also come tween not regulating at all and imposing holds the State record for most points earned rules so stringent that they take an industry in for closer constitutional scrutiny. With- to the brink of economic ruin. The justices out express congressional authorization to in the Illinois High School Association Solo used the nondelegation doctrine essentially address ``global warming,'' the agency should and Ensemble contest. to rewrite the statute, limiting OSHA to reg- not be deciding for itself how to do so. Clearly, Ottawa Township High School of- ulation of ``significant'' risks. A decade The dissenting opinion in the D.C. Circuit fers its students and community many out- later, the D.C. Circuit, in the so-called decision closed with the observation that if standing music education opportunities. Cur- ``lock-out, tag-out'' decisions written by the states had difficulty implementing the rently, 270 students take advantage of these Judge Stephen Williams (who wrote last new EPA standards, they could go back to opportunities by participating in Concert Choir, Congress and ask for repeal. But this formu- week's EPA decision as well), invoked the Treble Choir, Freshman Girls Choir, Sym- doctrine and the benzene decision to place lation turns the Constitution on its head. additional limits on OSHA. It's not Congress's job to review EPA initia- phonic Band, Jazz Choir, and Jazz Band. An accident of timing allowed the EPA to tives, but rather the EPA's job to carry out Special congratulations must be offered to escape these constraints for nearly two dec- congressional initiatives. And it's the courts' Mr. Roger Amm, Vocal Music Director, and to ades and retain its license to choose between role to keep the other players honest. Ms. Sarah Reckmeyer, Director of Bands. · This ``bullet'' symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1016 CONGRESSIONAL RECORD Ð Extensions of Remarks May 19, 1999 Their hard work, commitment, and leadership well as your District office staff members. Bob Gilbert won second place for a photo se- have undoubtedly played a major role in build- VETS offices are listed in the Blue Pages of ries of a heart transplant operation. David ing the statewide dominance of Ottawa Town- local telephone directories under the U.S. De- Trozzo won first place for general news photo ship High School's Music Department. partment of Labor. with a photo depicting a tribute to a shooting In closing, Mr. Speaker, I am proud and f victim. Christopher B. Corder won first place pleased to be able to offer to my colleagues for sports photo with a photo of a baseball in the U.S.

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