The House and Senate are planning to come back for a lame duck session the week of November 16th. What House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Harry Reid (D-Nev.) decide to bring to the floor depends largely on how the elections turn out. There is a rumor that they may attempt quietly to insert a provision to overturn a recent federal court ruling on the Clean Air Act in order to make it easier to regulate carbon dioxide emissions. The U. S. Court of Appeals for the District of Columbia in July overturned the EPA’s Clean Air Interstate Rule. One of the things the court ruled was not permissible under the Clean Air Act was the use of a cap-and-trade program to reduce air pollutants.
On the same day the court ruling was made, the EPA released an Advance Notice of Proposed Rulemaking (or ANPR) for regulating carbon dioxide emissions under the Clean Air Act. One of the key elements of their plans is to use cap-and-trade. But the court ruling prohibits the EPA from using cap-and-trade, unless of course the Congress changes the Clean Air Act. Hence talk of a little amendment slipped into one of the big omnibus bills that the Congress may pass during the lame duck session.
The public comment period for the ANPR ends on November 28th. People interested in commenting can find a wealth of information at several web sites. The U. S. Chamber of Commerce has a comprehensive one. There is another at the Heritage Foundation.The EPA has a site with all the official documents and a page for filing comments. My colleague, Marlo Lewis, is one of the leading experts on the issue. His recent testimony before the Senate Environment and Public Works Committee can be found here.
It will be up to the next President to decide whether to use the Clean Air Act to regulate carbon dioxide emissions. As Marlo discussed in last week’s Digest, a key adviser for Senator Barack Obama’s (D-Ill.) campaign recently said that an Obama Administration would use the Act to require emissions reductions. Senator John McCain’s (R-Az.) campaign advisers said that McCain has not decided whether to do so. Both candidates favor enactment of cap-and-trade legislation to reduce emissions by rationing use of coal, oil, and natural gas.