Monday, January 04, 2010

January 20 Senate Vote on EPA Endangerment Finding

The Senate will hold a roll call vote on January 20 on a “Motion of Disapproval” sponsored by Senator Lisa Murkowski, left, to countermand the EPA’s efforts to push forward regulations aimed at tackling GHG emissions [Endangerment Finding & Tailoring Rule]. Supporters need 60 votes to succeed and will certainly lose. If the motion gets more than 40 votes, it could mean that there is little appetite for the battle ahead on the issue and any legislation is likely off the table until after the 2010 election cycle. (Frank Maisano)

The Center supports Boxer/Kerry and Waxman/Markey [with free allocation of allowances] and believes Congressional legislation is preferred to EPA regulation under the current Clean Air Act. EPA and the Obama administration agree with us.

Motion of Disapproval:

If a disapproval resolution is enacted, the rule may not take effect and the agency may issue no substantially similar rule without subsequent statutory authorization. If a rule is disapproved after going into effect, it is “treated as though [it] had never taken effect.” If either house rejects a disapproval resolution, the rule may take effect at once. If the President vetoes the resolution, the rule may not take effect for 30 days of session thereafter, unless the House or Senate votes to sustain the veto.

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