legislation

Lands bill clears first Senate hurdle

The Senate approved a motion to move forward with the omnibus lands bill on Sunday, a bill that would protect more than 2 million acres of wilderness in nine states.

The bill combines more than 150 separate pieces of legislation on wilderness areas and other federal lands, and was put together last Congress. It has been repeatedly held up by procedural stalling from several Republican senators, most notably Oklahoma's Tom Coburn. The cloture motion, which passed 66-12, allows the Senate to proceed to debate.

Coburn was nonplussed. "I'm disappointed the Senate majority leader has refused to allow senators the opportunity to improve, amend or eliminate any of the questionable provisions in his omnibus lands bill," said Coburn in a statement.

The Democratic leader, Harry Reid (Nev.), has said he would like this and another pieces of legislation passed before the Martin Luther King Jr. holiday and the inauguration next week. "I'm gratified by the impressive bipartisan support my colleagues showed today in voting to advance this bill," said bill sponsor Jeff Bingaman (D-N.M.) in a statement on Sunday. "I look forward to proceeding to the legislation next week."

Wilderness advocates were pleased as well. "By voting to protect mountains and pristine wildlands, Congress is starting out on the right foot," said Environment America Preservation Advocate Christy Goldfuss. "This Congress is serious about protecting the environment and the outstanding lands that Americans treasure."

Court to hear case that interprets Clean Water Act's purview over mine fill

The future of America's streams, rivers and lakes is on the agenda of U.S. Supreme Court justices this Monday, Jan. 12, when they hear arguments on whether a pristine Alaskan lake may be killed by operators of Kensington gold mine.

Earthjustice attorney Tom Waldo, who has kept the lake alive through a series of successful battles in lower courts, will again take the lead in this final showdown -- but the stakes have become much greater.

"The whole reason Congress passed the Clean Water Act was to stop turning our lakes and rivers into industrial waste dumps," Waldo said. "The Bush Administration selected the Kensington Mine to test the limits of the Clean Water Act. The Army Corps had never issued a permit like this before."

That the high court even agreed to review the case is troubling because of the damage that may be inflicted on the federal Clean Water Act. A ruling in favor of the dumping scheme would allow reinterpretation of the Act so that mining waste could be dumped into waterways throughout the United States. Should the worst happen, defenders of the country's waterways would almost certainly have to rely on Congress and the Obama administration for relief.

The case is being closely followed in Alaska because of its immediate implications for Pebble Mine, a massive gold mine proposed for development above the headwaters of Bristol Bay, the world's richest sockeye salmon fishery.

Senate session will kick off with vote on big wilderness and lands bill

Action in the Senate will begin this year with a Sunday vote on an omnibus public-lands bill, Senate Majority Leader Harry Reid (D-Nev.) announced on Wednesday.

The legislation was reintroduced on Wednesday by Jeff Bingaman (D-N.M.), chair of the Energy and Natural Resources Committee. It combines more than 150 bills on wilderness areas and other federal lands, and would protect more than 2 million acres of wilderness in nine states.

Tom Coburn (R-Okla.) repeatedly blocked the bill last year, and has threatened to do so again, using any parliamentary tactic necessary. "The decision by Senate leaders to kick off the new Congress with an earmark-laden omnibus lands bill makes a mockery of voters' hopes for change," said Coburn in a statement on Tuesday. "This package represents some of the worst aspects of congressional incompetence and parochialism. Congress should spend the next few weeks holding hearings on an economic stimulus package and identifying areas of the budget to cut to pay for that proposal. Instead, the Senate is set to resume business as usual."

With Markey in place, the House is geared for ambition on climate and energy

As Kate reported earlier today, new House Energy and Commerce Committee Chair Henry Waxman (D-Calif.) is reorganizing the committee, unifying oversight of climate, energy, air quality, and water issues under a single subcommittee: the Energy and Environment Subcommittee.

The Boston Globe just broke the news that Ed Markey (D-Mass.) will chair the new subcommittee.

This is a big deal, even if you don't particularly care about inside Congressional baseball.

Right now Markey chairs the Subcommittee on Telecommunications and the Internet, and reportedly enjoys working on telecom policy. Due to his seniority, he had his choice of subcommittees this session -- which meant he could, if he wanted, take the reins of the Energy and Air Quality Subcommittee from coal lover and Dingell ally Rick Boucher (D-Va.). That alone would have been, as Joe noted the other day, "almost as big a deal as Waxman defeating Dingell for committee chair."

But now Waxman has consolidated environment and energy jurisdiction in one subcommittee. Gone is the Environment and Hazardous Materials Subcommittee, chaired by Gene Green [D-Texas], another Dingell ally.

Apparently that sweetened the pot enough to make it irresistible to Markey.

Markey will remain chair of the Select Committee for Energy Independence and Global Warming. Joe said the other day that he "can't see the point in keeping the Select committee if Markey switches positions," but I think that misses something important.

Democratic aides leak list of Reid's top priorities for 2009

TAPPED's Tim Fernholz posts a list of the first 10 bills that Senate Majority Leader Harry Reid (D-Nev.) is planning to move on in the 111th Congress, according to Democratic aides. Energy and environmental issues will be addressed by some of the legislation, including the stimulus bill, which may have notable green elements. Here's the summary of the stimulus plan:

S.1 -- American Recovery and Reinvestment Act of 2009. "To create jobs, restore economic growth, and strengthen America's middle class through measures that modernize the nation's infrastructure, enhance America's energy independence, expand educational opportunities, preserve and improve affordable health care, provide tax relief, and protect those in greatest need, and for other purposes."

Also on tap:

S.5 -- Cleaner, Greener, and Smarter Act of 2009. This is a bill that focuses mainly on green investment and updating infrastructure to be more efficient and less polluting. But since a lot of those priorities are expected to be rolled into the stimulus package, one wonders if this is a vehicle for cap-and-trade and the Kyoto Protocols, given this provision: "requiring reductions in emissions of greenhouse gases in the United States and achieving reductions in emissions of greenhouse gases abroad."

Fernholz also lists the "Returning Government to the American People Act," a bill intended to "return the Government to the people by reviewing controversial 'midnight regulations' issued in the waning days of the Bush Administration." This too could have green implications.

Senate and House divided over state emission standards in auto bailout plan

It seems the House and Senate have reached an impasse on the automaker bailout bill, and it focuses on whether to force automakers to abide by state emissions regulations. The disagreement over the rules on doling out the $15 billion in loans centers on a single word — “federal.” The Senate bill says in order […]

Hill briefing tries to stir support for a carbon tax

With more than a month yet to go before the new Congress is officially sworn in (and the old Congress still kicking around in lame duck session), some wonk-types were on the Hill today trying to stir up support for a carbon tax. Rep. John Larson (D-Conn.), who last year introduced a carbon tax bill […]

Congress and Obama team signal that they will be ready for Copenhagen

In a letter from U.S. groups making the rounds here in Poznan, delegates are being urged to make the decisions needed in Poznan to keep us on schedule for making a final deal in Copenhagen next year, as promised in the historic consensus reached last December in Bali. While the December 2009 meeting in Copenhagen […]

CARB does not recognize the meaning of ‘maximum emission reductions’

The California Air Resources Board is finalizing its Scoping Plan for implementation of the state’s global warming law, AB 32, which could establish a precedent for federal legislation by the 111th Congress. Barbara Boxer recently announced plans for a cap-and-trade initiative to be introduced in January, and she earlier indicated that the next go-round on […]