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Senate Republicans Push Two Resolutions to Nullify Clean Power Plan; Obama Vows Veto

A majority of Americans favor cutting carbon emissions to protect air and water and address the impacts of climate change and global warning. 400,000 joined the People's Climate March in New York City in 2014. Republicans in Congress are trying to nullify Obama's Clean Power Plan in advance of the Climate Summit in Paris © 2015 Karen Rubin/news-photos-features.com
A majority of Americans favor cutting carbon emissions to protect air and water and address the impacts of climate change and global warning. 400,000 joined the People’s Climate March in New York City in 2014. Republicans in Congress are trying to nullify Obama’s Clean Power Plan in advance of the Climate Summit in Paris © 2015 Karen Rubin/news-photos-features.com

The Office of Management & Budget is vowing that President Obama would veto two resolutions proposed by Senate Republicans intended to nullify his Clean Power Plan and undermine the international climate summit that gets underway in December in Paris.

“Senate Leader, and King Coal cohort, Mitch McConnell and his fellow Senate coal cronies will introduce two resolutions via the Congressional Review Act, a rarely used, filibuster-proof legislative scheme that only requires a simple majority to pass,” writes Anthony Rogers-Wright of Environmental Action.

“Even though President Obama has promised to veto any resolution that attempts to block his climate agenda, senators from coal-y rolling states are pushing ahead. Why the rush if they can’t get this legislation signed into law, you ask? Their real agenda is to reduce international confidence in the president’s ability to deliver on U.S. climate commitments2 – it’s a classic case of Paris sabotage. Should these senators succeed, it would send the wrong message to the world and reduce the U.S.’s standing as a global leader.”

Sally King added, “Moments after the Clean Power Plan was formally published last month, opponents of the rule filed suit to strike it down. In a congressional hearing last month the Environmental Protection Agency’s (EPA) critics continued to claim the plan will create economic catastrophe and violates the constitution. Although they can’t stop Obama’s plan, they’re hoping that the clamor will embolden governors and state policymakers to resist complying with the rule.

“But these claims should be taken for what they are: noise. The EPA’s flexible, cost-minimizing approach to reducing carbon pollution from power plants is consistent with the Clean Air Act and the Constitution.”

The OMB explains its objections to the resolutions and why the President would veto:

S.J.Res. 23 – Disapproving EPA Rule on Greenhouse Gas Emissions from New, Modified, and Reconstructed Electric Utility Generating Units

(Sen. McConnell, R-KY, and 47 cosponsors)

The Administration strongly opposes S.J.Res. 23, which would undermine the public health protections of the Clean Air Act (CAA) and stop critical U.S. efforts to reduce dangerous carbon pollution from power plants.  In 2007, the Supreme Court ruled that the CAA gives the U.S. Environmental Protection Agency (EPA) the authority to regulate greenhouse gas (GHG) pollution.  In 2009, EPA determined that GHG pollution threatens Americans’ health and welfare by leading to long-lasting changes to the climate that can, and are already, having a range of negative effects on human health and the environment.  This finding is consistent with conclusions of the U.S. National Academy of Sciences, the Intergovernmental Panel on Climate Change, and numerous other national and international scientific bodies.  Power plants account for roughly one-third of all domestic GHG emissions.  While the United States limits dangerous emissions of arsenic, mercury, lead, particulate matter, and ozone precursor pollution from power plants, the Carbon Pollution Standards and the Clean Power Plan put into place the first national limits on power plant carbon pollution.  The Carbon Pollution Standards will ensure that new, modified, and reconstructed power plants deploy available systems of emission reduction to reduce carbon pollution.

S.J.Res. 23 would nullify carbon pollution standards for future power plants and power plants undertaking significant modifications or reconstruction, thus slowing our country’s transition to cleaner, cutting-edge power generation technologies.  Most importantly, the resolution could enable continued build-out of outdated, high-polluting, and long-lived power generation infrastructure and impede efforts to reduce carbon pollution from new and modified power plants – when the need to act, and to act quickly, to mitigate climate change impacts on American communities has never been more clear.

Since it was enacted in 1970, and amended in 1977 and 1990, each time with strong bipartisan support, the CAA has improved the Nation’s air quality and protected public health. Over that same period of time, the economy has tripled in size while emissions of key pollutants have decreased by more than 70 percent.  Forty-five years of clean air regulation have shown that a strong economy and strong environmental and public health protection go hand-in-hand.

Because S.J.Res. 23 threatens the health and economic welfare of future generations by blocking important standards to reduce carbon pollution from the power sector that take a flexible, common sense approach to addressing carbon pollution, if the President were presented with S.J.Res. 23, he would veto the bill.

S.J.Res. 24 – Disapproving EPA Rule on Carbon Pollution Emission Guidelines for Existing Electric Utility Generating Units

(Sen. Capito, R-WV, and 48 cosponsors)

The Administration strongly opposes S.J.Res. 24, which would undermine the public health protections of the Clean Air Act (CAA) and stop critical U.S. efforts to reduce dangerous carbon pollution from power plants.  In 2007, the Supreme Court ruled that the CAA gives the U.S. Environmental Protection Agency (EPA) the authority to regulate greenhouse gas (GHG) pollution.  In 2009, EPA determined that GHG pollution threatens Americans’ health and welfare by leading to long-lasting changes to the climate that can, and are already, having a range of negative effects on human health and the environment.  This finding is consistent with conclusions of the U.S. National Academy of Sciences, the Intergovernmental Panel on Climate Change, and numerous other national and international scientific bodies.  Power plants account for roughly one-third of all domestic GHG emissions.  While the United States limits dangerous emissions of arsenic, mercury, lead, particulate matter, and ozone precursor pollution from power plants, the Clean Power Plan and the Carbon Pollution Standards put into place the first national limits on power plant carbon pollution.  The Clean Power Plan empowers States to cost-effectively reduce emissions from existing sources and provides States and power plants a great deal of flexibility in meeting the requirements.  EPA expects that under the Clean Power Plan, by 2030, carbon pollution from power plants will be reduced by 32 percent from 2005 levels.

By nullifying the Clean Power Plan, S.J.Res. 24 seeks to block progress towards cleaner energy, eliminating public health and other benefits of up to $54 billion per year by 2030, including thousands fewer premature deaths from air pollution and tens of thousands of fewer childhood asthma attacks each year.  Most importantly, the resolution would impede efforts to reduce carbon pollution from existing power plants – the largest source of carbon pollution in the country – when the need to act, and to act quickly, to mitigate climate change impacts on American communities has never been more clear.

Since it was enacted in 1970, and amended in 1977 and 1990, each time with strong bipartisan support, the CAA has improved the Nation’s air quality and protected public health.  Over that same period of time, the economy has tripled in size while emissions of key pollutants have decreased by more than 70 percent.  Forty-five years of clean air regulation have shown that a strong economy and strong environmental and public health protection go hand-in-hand.

Because S.J.Res. 24 threatens the health and economic welfare of future generations by blocking important standards to reduce carbon pollution from the power sector that take a flexible, common sense approach to addressing carbon pollution, if the President were presented with S.J.Res. 24, he would veto the bill.