U.S. Sen. Shelley Moore Capito, R-W.Va, says she is “determined” to move legislation through the U.S. Senate that will serve as the principal legislative vehicle to rollback President Barack Obama’s controversial job-killing carbon emission reduction plan.

Obama’s plan has come under sharp scrutiny by energy-producing states since it was unveiled nearly a year ago. Capito, chairman of the Senate Environment and Public Works Committee’s Clean Air and Nuclear Safety Subcommittee, correctly argues that the administration’s new rules will drastically reduce coal-related jobs, increase energy prices and reduce stability. So far, 26 senators have signed on to co-sponsor the Affordable Reliable Energy Now Act. Capito says the ARENA bill will ensure reliable and affordable energy, put jobs and the economy first, and curb federal overreach.

As expected, U.S. Sen. Joe Manchin, D-W.Va., is the lone Democrat in the U.S. Senate supporting 

Capito’s measure so far. That means U.S. Sen. Mark Warner, D-Va., and U.S. Sen. Tim Kaine, D-Va., are not currently supporting this common-sense measure — despite the fact that Virginia is a coal-producing state. We certainly believe that Warner and Kaine should join Manchin and sign-on as co-sponsors of this bill. Virginia is not only a coal-producing state, but also home to the Virginia City Hybrid Energy Center in Wise County, a clean-coal technology driven power plant that could be the last of its kind in the country if crippling new EPA regulations targeting coal-fired power plants are not stopped.

Manchin says he needs to convince at least six Democrats in the Senate to vote for Capito’s bill, if all Republicans voted in favor as well. “We’re not asking for something unreasonable,” Manchin told the Register-Herald in Beckley.

We agree. And we see no reason why Kaine, Warner and other Democrats won’t join Manchin and Capito in fighting for our nation’s energy future.

“The Affordable Reliable Energy Now Act enables us to fight back against the assault on coal, and the broader threat to affordable, reliable energy nationwide,” Capito said. “I am proud to lead the charge against the ‘Clean Power Plan’s’ sweeping regulations and look forward to working with my Senate colleagues to move this very important legislation forward.”

Senate Majority Leader Mitch McConnell, R-Ky., is among those lawmakers joining Capito and Manchin in the fight. “I applaud Sen. Capito for introducing legislation that would allow states to better protect middle-class families from the ramifications of the Obama administration’s regressive, and likely illegal, energy regulations,” McConnell said Tuesday.

The ARENA act would specifically:

  • Prevent mandates for unproven technology: Before EPA can set a technology-based standard for new power plants, the standard must first be achieved for at least one year at several separate power facilities throughout the country.
  • Extends compliance dates: The bill would extend the rule’s compliance dates pending final judicial review, including the dates for submission of state plans.
  • Holds EPA accountable: This bill would require EPA to issue state-specific model plans demonstrating how each state could meet the required emissions reductions under the rule.
  • Enables states to protect rate payers: The bill would provide that no state shall be required to implement a state or federal plan that the state’s governor determines would negatively impact economic growth, negatively impact the reliability of the electricity system or negatively impact electricity rate payers.
  • Protects highway fund dollars: The bill would prevent the EPA from withholding highway funds from any states for noncompliance with ABM’s power rules.

The ARENA Act, which takes into account EPA’s proposed regulations for both new and existing power plants, also requires the EPA to submit to Congress a report describing the quantity of greenhouse gas emissions the “Clean Power Plan” is expected to reduce, and to conduct modeling to show the impacts of the rule on the climate indicators used to develop the rule.

We welcome the fighting spirit from Capito in advancing this key legislative vehicle aimed at ensuring affordable and reliable energy while also putting a long-overdue stop to the EPA’s federal overreach. The ARENA Act merits immediate approval in the U.S. Senate.