A House resolution (HJ 129) asks Attorney General Ken Cuccinelli to "explore a challenge to the constitutionality" of the U.S. Environmental Protection Agency-led effort to restore the Chesapeake Bay.I'm not a lawyer, and I don't even play one on TV, but these days in the era of the dominance of the commerce clause, I doubt there's any realistic chance of this being found unconstitutional.
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.