Sen. Cramer, Colleagues Introduce Bill to Clarify Biden Cannot Unilaterally Declare “Climate Emergency”

WASHINGTON – U.S. Senator Kevin Cramer (R-ND), member of the Senate Environment and Public Works (EPW) Committee, joined EPW Ranking Member Shelley Moore Capito (R-WV) in introducing the Real Emergencies Act, to clarify President Biden cannot use climate change as the premise to declare a national emergency.

“House Progressives’ shortsighted attempt to double down on President Biden’s failed energy policies by encouraging him to declare a national climate emergency and ban fossil fuel development would be an unprecedented abuse of his authority, cripple America’s energy stability, and devastate global energy markets,” said Senator Cramer. “The Real Emergencies Act applies a much-needed check on the executive branch. We should instead focus on an all-the-above energy solution which is crucial to defeat our adversaries, lower energy prices, and address global greenhouse gas emissions.”

“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,” said Ranking Member Capito. “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.”

Continuing in the spirit of the “Green New Deal,” radical environmental groups continue to call for President Biden to invoke the President’s National Emergency authorities to address climate change. Liberal Congressional Democrats are following suit.

The Real Emergencies Act clarifies that the president does not have the authority to declare a national emergency on the premise of climate change. Specifically, the legislation 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 (hurricanes, flooding, etc.) may still be declared.  

Senators Cramer and Capito are joined by Senators Jim Inhofe (R-OK), Cynthia Lummis (R-WY), John Boozman (R-AR), 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). 

U.S. Representative David B. McKinley (R-WV) introduced the companion bill in the House of Representatives.

Click here for bill text.