Washington
The 51 to 49 vote marked the first time since President Donald Trump’s election that Republicans have failed in their attempt to use the Congressional Review Act to overturn Obama-era rules.
Thirteen earlier resolutions, based on the 1996 law that allows Congress to overturn rules within 60 days of their adoption, all succeeded.
The methane emissions rule, issued by the Interior Department’s Bureau of Land Management in November, addresses a potent greenhouse gas that is accelerating climate change.
The previous administration estimated the rule would prevent roughly 180,000 tons a year of methane from escaping into the atmosphere and would boost federal revenue because firms pay only royalties on the federal resources they capture and contain.
Sen. John McCain, R-Ariz., unexpectedly voted no against a motion to proceed with consideration of the resolution, along with GOP Sens. Susan Collins, Maine, and Lindsey Graham, S.C. Two Democrats who had considered backing the rule’s elimination — Heidi Heitkamp, of North Dakota and Joe Manchin, of West Virginia — voted against the motion as well.
In a floor speech after the vote, Sen. Tom Udall, D-N.M., said “the very first victory” lawmakers have had in beating back a Congressional Review Act bill this year came from a combination of Democratic unity and a few Republicans’ willingness to buck their leadership. “Thank you so much for coming forward and seeing the common sense nature of this issue,” Udall said, referring to Collins, Graham and McCain.
Jamie Williams, president of The Wilderness Society, praised the lawmakers who chose to support the rule. “In recent months, thousands of Americans asked the Senate to stand up for clean air and against the oil lobby, and their efforts were successful today,” he said.
Republicans and industry officials said they would now switch their focus to getting the Interior Department to rewrite the rule.
Barry Russell, president of the Independent Petroleum Association of America, said his group “looks forward to working with the Interior Department on a targeted, meaningful solution that will achieve the common goal of ensuring the American taxpayers receive a fair and equitable return in the form of royalties while developing a workable regulation, instead of this one-size-fits-all approach.”
And Senate Environment and Public Works Committee Chairman John Barrasso, R-Wyo., said in a statement that Interior should withdraw the regulation outright. “If left in place, this regulation will only discourage energy production, job creation, and economic opportunity across the West.”
Before this year, Congress had only nullified one rule, a regulation on ergonomics Bill Clinton enacted during his final year in office. In less than four months, Republicans have easily wiped away rules covering everything from limits on the dumping of waste from surface mining operations to giving states greater power to offer retirement accounts to private-sector workers.
