• Murkowski EPA Resolution Update
  • June 3, 2010
  • Law Firm: Alston & Bird LLP - Atlanta Office
  • Sen. Lisa Murkowski’s (R-AK) draft resolution, which would effectively negate EPA’s endangerment finding, is scheduled to reach the Senate floor for a June 10 vote.  The amendment essentially vetoes the finding, which would, in turn, revoke much of EPA’s existing authority to regulate carbon dioxide emissions.

    The resolution is gaining momentum, according to Sen. Lindsey Graham (R-SC), a co-sponsor of the legislation who also helped Sen. Kerry (D-MA) and Sen. Lieberman (I-CT) with much of their recently introduced climate legislation.  Graham said, “I think it will pass. There are a lot of people who will be in the camp of, 'We should do it, not the EPA.'"

    The resolution will be debated on the Senate floor for 10 hours, and no filibusters or amendments will be allowed.  Only 51 votes are needed to pass the resolution out of the Senate, and Murkowski already has 41 co-sponsors, including three Democrats.

    It is important to note that, even if the resolution is successful in the Senate, it doesn’t mean it will be successful as it moves forward.  In the House, it would be an uphill battle to obtain enough votes to pass, and, in any event, the President is likely to veto the resolution.  However, the Senate resolution should be taken as a strong sign that many would rather see Congress deal with regulating carbon dioxide than leave such matters to the EPA.