Summary — H.J.Res. 35 (Public Law No. 119‑2)

Purpose

H.J.Res. 35 is a Congressional Review Act (CRA) joint resolution disapproving a specific Environmental Protection Agency (EPA) final rule titled “Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions” (89 Fed. Reg. 91094, Nov. 18, 2024). The resolution declares that the EPA rule “shall have no force or effect.”

Key provisions

• Express congressional disapproval of the EPA rule (89 Fed. Reg. 91094) and nullification of that rule.
• By operation of the CRA, the disapproval prevents the EPA from issuing the same rule again in “substantially the same form” unless Congress subsequently authorizes it by law.

The text of the joint resolution is short and consists solely of the disapproval statement; it does not amend underlying statutes or substitute alternative procedures.

Who is affected

• Petroleum and natural gas companies and other entities that would have been subject to the EPA’s waste emissions charge procedures (including provisions for netting and exemptions).
• The EPA, which is barred from enforcing or reissuing the nullified rule in substantially the same form.
• States, regulatory agencies, and stakeholders (industry, environmental groups, and affected communities) that were preparing to implement, comply with, or respond to the rule.
• Potential federal revenues or fee structures that the rule would have established or generated (the resolution removes any regulatory basis for such charges).

Legislative history and procedural timeline

• Introduced in House: Feb. 4, 2025; referred to House Committee on Energy and Commerce.
• House passage (roll call): Feb. 26, 2025 — Yeas 220, Nays 206, 1 Present (Roll No. 52).
• Senate passage: Feb. 27, 2025 — Yeas 52, Nays 47 (Record Vote No. 97).
• Presented to President: Mar. 4, 2025.
• Signed into law by the President: Mar. 14, 2025 — became Public Law No. 119‑2.

Primary sponsor: Rep. August Pfluger; multiple cosponsors (see bill record). Related companion measures included SJRes 12 (Senate) and H.Res. 161 (House rules resolution for consideration).

Practical effects and limitations

• Immediate legal effect: the specified EPA rule is void and may not be enforced.
• Under the CRA, the EPA cannot promulgate a replacement rule that is “substantially the same” without new enabling legislation from Congress; however, the disapproval does not change the underlying statutes authorizing the agency’s actions.
• The resolution does not itself provide alternative regulatory requirements or procedural guidance for affected parties; it simply removes the specific EPA rule from effect.