Is the Chesapeake Bay Diet Unconstitutional?

Virginia Legislator ask Attorney General to Check:

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.

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.

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.