U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

98–251 2016

114th Congress, 2d Session – – – – – – – – – – – – – Senate Document 114–9 

VETO—S.J. RES. 23 

(PM 34) 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

RETURNING

WITHOUT MY APPROVAL S.J. RES. 23, PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, UNITED 

STATES CODE, OF A RULE SUBMITTED BY THE ENVIRONMENTAL PROTECTION AGENCY RELATING TO ‘‘STANDARDS OF 

PERFORMANCE FOR GREENHOUSE GAS EMISSIONS FROM NEW, 

MODIFIED, AND RECONSTRUCTED STATIONARY SOURCES: ELECTRIC UTILITY GENERATING UNITS’’, RECEIVED DURING ADJOURNMENT OF THE SENATE ON DECEMBER 18, 2015 

JANUARY 11, 2016.—Ordered to be printed 


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To the Senate of the United States: 

S.J. Res. 23 is a joint resolution providing for congressional disapproval under chapter 8 of title 5 of the United States Code of a 

rule submitted by the Environmental Protection Agency (EPA) relating to ‘‘Standards of Performance for Greenhouse Gas Emissions 

from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units.’’ This resolution would nullify EPA’s 

carbon pollution standards for new, modified, and reconstructed 

power plants. Accordingly, I am withholding my approval of this 

resolution. (The Pocket Veto Case, 279 U.S. 655 (1929)). 

Climate change poses a profound threat to our future and future 

generations. Atmospheric levels of carbon dioxide, a primary greenhouse gas, are higher than they have been in at least 800,000 

years. In 2009, EPA determined that greenhouse gas pollution endangers Americans’ health and welfare by causing long-lasting 

changes in the climate that can have, and are already having, a 

range of negative effects on human health, the climate, and the environment. We are already seeing the impacts of climate change, 

and established science confirms that we will experience stronger 

storms, deeper droughts, longer wildfire seasons, and other intensified impacts as the planet warms. The Pentagon has determined 

that climate change poses immediate risks to our national security. 

Power plants are the largest source of greenhouse gas pollution 

in our country. Although we have limits on other dangerous pollutants from power plants, the carbon pollution standards and the 

Clean Power Plan ensure that we will finally have national standards to reduce the amount of carbon pollution that our power 

plants can emit. 

The carbon pollution standards will ensure that, when we make 

major investments in power generation infrastructure, we also deploy available technologies to make that infrastructure as low-emitting as possible. By blocking these standards from taking effect, 

S.J. Res. 23 would delay our transition to cleaner electricity generating technologies by enabling continued build-out of outdated, 

high-polluting infrastructure. Because it would overturn carbon 

pollution standards that are critical to protecting against climate 

change and ensuring the health and well-being of our Nation, I 

cannot support the resolution. 

To leave no doubt that the resolution is being vetoed, in addition 

to withholding my signature, I am returning S.J. Res. 23 to the 

Secretary of the Senate, along with this Memorandum of Disapproval. 

BARACK OBAMA. 

THE WHITE HOUSE, December 18, 2015. 

Æ 


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