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US House passes bill preventing EPA regulation of GHGs, Senate rejected similar bill the day before

The US House of Representatives yesterday passed legislation coauthored by Congressman Fred Upton (R-MI), chairman of the House Energy and Commerce Committee, which prevents the Environmental Protection Agency (EPA) from regulating the emission of greenhouse gases (GHGs) to address climate change.  HR 910, the Energy Tax Prevention Act of 2011, passed the House by a vote of 255-172.  On Wednesday, the US Senate voted on a similar bill and rejected it.

“Today’s vote was a victory for Michigan families who stand to bear the greatest costs of EPA’s overreaching regulations,” said Upton. “This is the same debate we had last year when both Congress and the American people soundly rejected the cap-and-trade regulatory scheme.  The rules supported by EPA seek the same ends as cap-and-trade and are no less costly in terms of lost American jobs and higher energy prices.  Left unchecked, EPA’s actions would have a devastating impact on jobs, U.S. competitiveness, and domestic energy prices.  Southwest Michigan’s families and small business owners have struggled and sacrificed long enough.  They will not stand by as a group of unelected bureaucrats indefinitely prolong our economic recovery.”

The Energy Tax Prevention Act simply prevents EPA from using the Clean Air Act to regulate GHGs, an intention that Congress explicitly rejected when the Clean Air Act was last reauthorized in 1990.  HR 910 preserves the Clean Air Act as it stands today and does not prevent EPA from continuing to monitor and reduce nearly 200 hazardous pollutants (like lead and ozone) that damage public health.

The American Petroleum Institute weighed in on the House vote.  Marty Durbin, API executive vice president, called the House’s action an important step toward stopping the EPA’s regulations.

“We welcome today’s bipartisan vote to stop the EPA from overstepping its authority and to restore the Clean Air Act to its original purpose. We must continue to improve air quality, but we must also protect Americans from higher energy bills and from regulations that could cost hundreds of thousands of American jobs,” he said.  “We also welcome the support of a clear majority of senators, including 17 Democrats, who yesterday supported efforts to keep EPA from moving forward with its greenhouse gas regulations.”

In the near term, though, it does not appear that Congress is ready to curtail the EPA’s regulation of GHGs.   In the Senate, a bill identical to the House bill was defeated on Wednesday, by a vote of 50-50.  This means that, for the time being, both Houses are deadlocked on the issue and no legislation will be emerging for signature into law by the President.

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