Murkowski Offers Measure to Overturn EPA’s Greenhouse Gas Controls

On January 21, Senate Energy and Natural Resources Ranking Member Lisa Murkowski (R-AK) introduced a “resolution of disapproval” to block the Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the Clean Air Act. In April 2007, the Supreme Court ruled that GHGs qualify as an air pollutant, requiring the EPA to consider regulating the gases if the agency found they endanger the public. In December 2009, the EPA announced its finding that GHGs did indeed pose a danger to public health and welfare, compelling the agency to prepare rules to regulate the gases in the absence of Congressional legislation. The disapproval resolution was filed pursuant to the provisions of the Congressional Review Act (CRA) and included 38 co-sponsors: 35 Republicans and three Democrats (Sens. Blanche Lincoln of Arkansas, Mary Landrieu of Louisiana and Ben Nelson of Nebraska).

“Our bipartisan resolution deals with an incredibly important question: whether or not members of this body are comfortable with the actions EPA will take under its current interpretation of the Clean Air Act. I’m not comfortable with those actions, and neither are the senators who have already agreed to add their names to this effort,” Murkowski said ( see her press release here ). “The Clean Air Act was written by Congress to regulate criteria pollutants, not greenhouse gases, and its implementation remains subject to oversight and guidance from elected representatives. We should continue our work to pass meaningful energy and climate legislation, but in the meantime, we cannot turn a blind eye to the EPA’s efforts to impose back-door climate regulations with no input from Congress.” While the senator has stated her belief that climate change is a real threat that must be addressed, the question remains, will Sen. Murkowski help lead efforts to bring serious and comprehensive climate legislation to the Senate floor?

Upon introduction, a disapproval resolution is referred to the committee of jurisdiction, which in this case will be the Senate Committee on Environment and Public Works. If the committee does not favorably report the resolution, it may be discharged upon petition by 30 Senators. Once a disapproval resolution is placed on the Senate calendar, it is then subject to expedited consideration on the Senate floor, and not subject to filibuster. In order to become law, the resolution must also be passed by the House of Representatives and signed by the President.

On January 8, EESI and 36 other organizations sent a letter to the Senate expressing opposition to Murkowski’s actions against the EPA.