Congress comes back from its month-long break ready to tackle a number of landmark energy initiatives, starting with an assault on President Obama's climate change plans.
Senate Majority Leader Mitch McConnell of Kentucky is expected to make stopping the Environmental Protection Agency's Clean Power Plan a top agenda item in the fall, according to congressional aides.
McConnell has been an outspoken opponent of the climate change plan, which he says will place increased strain on the economy by driving up energy prices. The plan puts states on the hook for eliminating one-third of their greenhouse gas emissions by 2030. The Republican leader, who hails from a large coal-producing state, says the reduction in emissions is unachievable.
The EPA plan is the centerpiece of President Obama's climate change agenda, which is being contested by more than a dozen state attorneys general, including from McConnell's home state.
Two legislative measures are being looked at to block the climate plan:
The EPA in its final rule included a "reliability safety valve" in response to concerns about power outages resulting from coal plant retirements. With the safety valve, the EPA would grant exceptions to plants if closing them would harm the grid. But it doesn't allow a state to opt out.
McConnell is an original cosponsor of the bill. Capito also is working with Democratic counterpart in West Virginia, Sen. Joe Manchin, to build support in his party, said Capito spokeswoman Amy Graham. The bill was voted out of committee along party lines, but its approval means it has moved one step closer to a floor vote. The White House would more than likely veto the bill if passed. That means it would require a veto-proof majority to get it through, which could prove tough.
"We are surveying all of our options, which includes introducing [Congressional Review Act] resolutions of disapproval for the president's carbon mandates, including the Clean Power Plan," said environment committee spokeswoman Kristina Baum, representing Republicans on the committee. "To date, we are awaiting publication of the final rule in the Federal Register and the formal transmittal by the EPA to Congress, which is required before the CRA process can begin."
The Justice Department told federal judges Aug. 31 that it will be months before the EPA rule is published in the Federal Register. That could mean action to counter the Clean Power Plan may occur at the end of the year when President Obama is in Paris to negotiate a global deal on climate change. The plan is seen as key to the U.S. meeting its obligations under any international deal.
A Congressional Review Act resolution can be passed with a simple majority. But that means it would be subject to a presidential veto, in which case it would need a super majority to make it veto-proof, say former staffers. That would require the GOP to persuade Democrats to support the measure. It's a long shot, given that many Democrats support the climate plan with the exception of a few, such as Manchin, from coal states.
Beyond the climate fight, the GOP and Democrats also will be working to pass energy legislation that has nothing to do with the EPA. The Senate Energy and Natural Resources Committee will urge McConnell to move the first major energy bills to the floor since 2007.
The bills include:
It's not certain when a floor vote will occur. "The chairman will pursue every possible vehicle with a chance for success for lifting the oil export ban," said committee spokesman Robert Dillon.
The bill avoids controversial issues, such as approving the Keystone XL Pipeline, which is considered a poison pill in getting legislation passed these days. Efforts to approve the pipeline legislatively, which has been under review by the State Department for more than six years, have been blocked by Obama.
In the House, Speaker John Boehner, R-Ohio, appears to be readying similar action on energy and EPA rules. Boehner is conducting a poll to understand America's energy priorities, consisting of three questions: ending the ban on oil exports; concerns that EPA rules will raise electric rates; and what the energy policy of the U.S. should be.
"Your priorities are my priorities," reads the caption above the survey on the speaker's website.