While Sen. Lisa Murkowski's (R-Alaska) amendment to bar the Environmental Protection Agency from regulating greenhouse gases under the Clean Air Act narrowly failed, sources indicated the Democratic leadership will allow John D. Rockefeller IV (D-WVa.) to offer a similar amendment later this summer. Should EPA keep pressing ahead with new greenhouse gas rules, or should it accept Congress will shape the future of any mandatory limits on carbon dioxide?"
The EPA can and must proceed with new rules--but it must do so using market-based mechanisms that will not clash with possible future congressional actions. It is bound by law to proceed, but it can move wisely by laying groundwork that will come at the lowest possible costs to business and will mesh well with the legislation Congress will hopefully enact someday soon.
Posted by Richard L. Revesz, on June 17, 2010 11:05 AM
The first thing that Congress should now do is to make its intent clear by legislative action, either by passing Senator Rockefeller's proposal or using the appropriations process to deny EPA funds to regulate CO2.
Posted by William O'Keefe, on June 16, 2010 11:08 AM
So the good news, I guess, is that Murkowski's resolution went down. The bad news is that in a 60-vote Senate, it's hard to imagine a climate bill, or even a mere energy bill that does something about coal-fired plants, getting through.