Will Cuccinelli sue the EPA to stop Chesapeake Bay restoration?

UPDATE: A House of Delegates subcommittee on Jan. 26 recommended tabling the resolution, which, in Richmond parlance, is a polite way of dismissing the idea.


A House resolution (HJ 129) asks Attorney General Ken Cuccinelli to “explore a challenge to the constitutionality” of theU.S. Environmental Protection Agency-led effort to restore the Chesapeake Bay.

Introduced by Del. J. Randall Minchew, R-Leesburg, it stands a good chance of clearing the Republican-led House. It also could pass the Senate, which Republicans split with Democratic lawmakers.

It seems unlikely that Gov. Bob McDonnell, a Republican and critic of the EPA, or his administration would oppose the resolution. The real question, it seems, is whether Cuccinelli is spoiling for another fight against the federal government.

He doesn’t need the General Assembly’s assent to start an investigation — former University of Virginia climate scientist Michael Mann, anyone? Also, Cuccinelli has used a General Assembly action — the Virginia Health Care Freedom Act of 2010, which preemptively opposed federal healthcare reform — as a platform to file a lawsuit.

Remember, Cuccinelli is running for governor in 2013.

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