Does New Congress Threaten Trump Energy Agenda? Not So Fast

Congress returns with a renewed focus on climate change and clean energy under the direction of the newly minted House Democratic majority. But with President Donald Trump still in control of the White House and a Republican majority in the Senate, prospects for major shifts in policy remain slim. Even in the House where a crush of new progressive freshmen are pushing the party further to the left, climate and energy issues may take a backseat to oversight and the broader goal of serving as a check on the administration. But even if the divided 116th Congress is unlikely to result in a consensus on major legislation, the refocusing of the debate on energy and environmental policy on climate change is notable. Unrequited priorities tend to pop up in other, unrelated debates as amendments or poison pills, infrastructure for example. Longshot policy proposals can also form the foundations of future law. Look no further than criminal justice reform to see how, with enough time, a minority proposal can evolve into the majority consensus. Climate change policy fits that bill. Drawing the most headlines on the climate front is the proposal championed by newly elected New York Democrat Rep. Alexandria Ocasio-Cortez…

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What the Midterms Mean for Energy & Environment Policy

Big picture – voters rejected policies that would raise energy costs on consumers when put before them on the ballot last night – the carbon tax initiative in Washington state, renewable energy mandate in Arizona and limits on exploration and drilling in Colorado and Alaska. In Arizona, voters overwhelmingly rejected a 50-percent renewable energy mandate. In Washington, voters rejected placing a proposed fee on carbon emissions for a third time. In Nevada, voters approved a 50-percent renewable energy mandate, but rejected a proposal to deregulate the state’s power market. At a local level – House members who signed on to or flirted with carbon tax legislation lost (Curbelo & Love) or barely hung on (Fitzpatrick). Only Rooney – who focused more on a hyper local issue (nutrient driven algae blooms) managed a decisive victory. With the defeat of Leonard Lance in NJ-7, all 8 Republicans who voted for cap and trade in 2009 have been defeated or retired. Democrats lost three members of the climate caucus and Republicans lost thirteen. The climate caucus recruits in pairs to keep the membership bipartisan. Democrats immediate task is to recruit 10 Republican House members into the caucus to give it balance. With a…

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Only days remain for Senate to repeal methane rule using CRA

Thursday is the final day for the Senate to make use of the Congressional Review Act’s expedited procedures to repeal the Bureau of Land Management’s venting and flaring rule. Members of the Senate are expected to vote Wednesday on a disapproval resolution to nullify the rule. That’s cutting it close for a resolution requiring only a simple majority of those present to pass. Republican leaders have been working for weeks to round up the necessary 51 votes (less if not all Democrats happen to be in town for the vote). The effort has been made more challenging by the early defections of Republican Sens. Susan Collins of Maine and Lindsey Graham of South Carolina. The absence from Washington of Republican Sen. Johnny Isakson of Georgia, who has been recovering from back surgery, has also complicated the logistics of holding a vote. A handful of GOP senators has also kept a close hold on how they would vote on a disapproval resolution. Whether to avoid outside pressures or as leverage in negotiations on other legislative priorities, nearly all Republicans are now expected to support repeal of the methane rule. And then there’s ethanol. Bloomberg reported last week that four Midwest Republicans, led…

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Infrastructure Investment Essential to U.S. Interests in the Arctic

Alaska received a C-minus for the general condition of its infrastructure on its most recent report card from the American Society of Civil Engineers, and even lower grades for the shape of its ports, marine highways, and other facilities. The report highlights one of the biggest challenges facing state leaders grappling to close a nearly $3 billion budget deficit – how to rebuild the economy while simultaneously reducing government outlays. The mediocre marks are doubly troubling given the essential role of infrastructure in providing a strong foundation for economic growth. In the Arctic – a region quickly emerging as a new theater of economic importance – the report underscores the near lack of infrastructure altogether. It’s an open question where the funding will come from to rehabilitate and replace aging infrastructure, while also underwriting the deep-water ports, bridges, roads, pipelines, telecommunications, schools, water treatment facilities and other infrastructure necessary to support an emerging Arctic. Legislators, already tied up in knots over proposals to increase taxes on the oil industry as well as on individual Alaskans, show little appetite for major capital expenditures. Federal coffers are a potential source – particularly if President Trump can be convinced of the national economic…

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Senate has until week of May 8 to vote on methane rule

We all knew there was a possibility of last minute additions to the president’s executive order on energy and environmental policy – and that’s appears to be what happened with the decision to include methane restrictions under the broad call for agencies to review the policies of the previous administration. But while President Trump included the methane in Tuesday’s EO, that action should not be construed to mean Sen. John Barrasso’s (R-Wyo.) Senate Joint Resolution 11 to nullify the Bureau of Land Management’s rule on the venting and flaring of methane is no longer needed. The Congressional Review Act (CRA) process is still preferred. Unraveling the methane rule at the agency level will require months of staff work and will undoubtedly face vigorous legal challenges from environmental groups that could delay it for up to two years. On the other hand, Senate passage of a disapproval resolution under the CRA would be quick and efficient, saving both the agency time and resources. Senate Republican leaders remain committed to bringing up Sen. Barrasso’s resolution as soon as they have the votes. That whip operation continues. A CRA resolution of disapproval requires a simple majority of 51 votes to pass the Senate,…

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