OVERNIGHT ENERGY: Senate climate battle begins with two bills

STATE OF PLAY: Dueling bills to block federal climate change rules landed in the Senate Monday, signaling interest by conservative Republicans and centrist Democrats in curtailing the Environmental Protection Agency.

But it’s not clear whether the presence of two measures creates political momentum for halting greenhouse gas regulations, or instead reveals divides among EPA foes that can’t be bridged.

Sen. John Barrasso (R-Wyo.), who is a member of the GOP leadership team, introduced a sweeping bill with several Republican colleagues that would completely upend the ability of federal agencies to regulate emissions or consider climate change when implementing various environmental statutes. (It would, however, allow current tailpipe standards to remain in place.)

Sen. Jay Rockefeller (D-W.Va.) introduced a less aggressive bill with several centrist Democrats that would delay EPA’s rules for stationary emissions sources like power plants and refineries for two years.

Frank O’Donnell, head of the advocacy group Clean Air Watch, worries that the sweeping Republican bill could create a political opening for Rockefeller’s measure, a bill he said would set a bad precedent by suspending enforcement of clean air protections.

“One of the lessons of political history is that extremes help define the middle, and in this case, even though we believe that Rockefeller is extreme, Barrasso is ultra, ultra extreme,” O’Donnell said of the two bills.

He said some Democrats who are up for reelection may be “looking for a place to land, and they may land on Rockefeller’s shoulders.”

Indeed the half-dozen Democratic co-sponsors of Rockefeller’s measure include senators likely to face tough reelection battles in 2012, such as Ben Nelson (D-Neb.) and Claire McCaskill (D-Mo.).

Opponents of emissions rule allege they will hinder the economy.

A refinery industry lobbyist said the idea behind the Barrasso measure is to “create enough space for Rockefeller plus something else.”

“A two-year delay by itself does nothing except kick the can down the road. What is needed is for the agency's ability to do certain things relative to GHG emissions to be checked for some time longer than that, or for the issue to be teed up for the 2012 elections,” this source said.

But one Senate Democratic aide said the dueling bills make it less likely that climate regulation foes will find common ground. “I would say it harms the cause of those who want to diminish EPA GHG authority by splitting forces,” the aide said.

Liberal Senate Democrats, meanwhile, were quick to bash the GOP bill Monday. Senate Environment and Public Works Committee Chairwoman Barbara Boxer (D-Calif.) said Barrasso’s measure would shatter bipartisan environmental efforts that date back to the late Richard Nixon.

“Since President Nixon signed the Clean Air Act in 1970, Republicans and Democrats in Congress have worked together to protect American families from dangerous pollution,” Boxer said in a statement.

“The Republican effort now to turn their back on the health of the American people will be resisted by those of us who believe it is our responsibility to make life better for the people we serve,” she added.

ON TAP TUESDAY

U.S. Chamber of Commerce to lay out energy agenda

The U.S. Chamber’s Institute for 21st Century Energy on Tuesday will unveil what they’re calling “a realistic energy plan that will feature a more practical approach to our nation’s energy challenges.”

“Our plan focuses on five top items with bipartisan support that Congress and the Administration can get to work on right away that will make a real difference in our energy future,” said Matt Letourneau, a spokesman for the Institute.

Letourneau said the group won’t just let the plan collect dust. “We’ll be launching the second phase of our Energy Reality Tour with stops across the country to build support for our plan from the business community, and we look forward to working with Congress and the Administration in the coming months to see action on these items,” he said.

Nuke waste panel to meet

A body that the Obama administration created to advise the Energy Department on nuclear waste policy — called the Blue Ribbon Commission on America's Nuclear Future — hold its next meeting in Washington, D.C. on Tuesday and Wednesday.

The group is exploring long-term waste solutions now that the White House has walked away from the planned high-level waste dump at Yucca Mountain in Nevada.

State energy officials to hear from Obama administration officials

The National Association of State Energy Officials continues its meeting in Washington, D.C. Tuesday. The group is slated to hear from several Energy Department officials and Gina McCarthy, who is EPA’s top air pollution regulator.

NEWS BITES

Administration outlines new mine safety rules

The Obama administration laid out more stringent mine safety rules Monday.

The Department of Labor’s Mine Health and Safety Administration said it will propose regulations meant to expedite “pattern of violations” procedures, which are meant to identify serious safety problems at mines and enable regulators to take action against repeat violators.

“As I’ve said many times before, the current POV system is broken, and this regulation is the next critical step in reforming the enforcement program under the existing statute,” Joseph Main, assistant secretary of labor for mine safety and health, said in a statement. “It would require mine operators to be much more proactive in monitoring their compliance performance.”

Bingaman: Obama proposal to cut oil industry tax breaks won’t gain traction

Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (D-N.M.) said Monday that President Obama’s proposal to repeal billions of dollars in industry tax breaks is unlikely to gain support in Congress.

“I would be surprised if it got a great deal of traction in the 112th Congress,” Bingaman said Monday.

Obama administration to ‘mentor’ clean tech startups

Under the Obama administration’s new “Startup America” initiative, the Small Business Administration and the Department of Energy will launch a program to mentor clean energy startups.

Here’s more from a White House fact sheet on the initiative.

FEMA warns Midwest to be prepared for massive storm

A massive winter storm is supposed to pound the Midwest this week. And Federal Emergency Management Agency Administrator Craig Fugate is warning Americans to be prepared.

“Already this winter we've seen how snow and ice can knock out power and affect transportation,” Fugate said in a statement. “If you haven't already, take steps now to get your homes and families ready, and be sure to check on your neighbors, especially the elderly and young children — those who can be most vulnerable during emergencies."

Industry attorney says House Dems present ‘revisionist history’ or ‘fracking’ rules

Bracewell and Giuliani Attorney Matt Armstrong said Monday that an investigation by Rep. Henry Waxman (D-Calif.) and other House Democrats into the use of diesel fuel in hydraulic fracturing is misleading. In a letter to EPA Administrator Lisa Jackson Monday, the lawmakers said oil and gas services companies might be breaking the law by not securing permits for the use of diesel fuel in a drilling practice called hydraulic fracturing, or “fracking.”

In an email, Armstrong said:

“Waxman's letter does nothing to square the fact that the data cited is from 2005-2009 and EPA's first public statement to the effect that it would require a permit under the SDWA [Safe Drinking Water Act] was in June 2010. Prior to June 2010, EPA's public position was that federal SDWA regulations did not expressly address or prohibit the use of diesel fuel in fracturing fluids. Waxman's letter thus rests on a revisionist history of EPA's regulation in this area.”

IN CASE YOU MISSED IT…

We reported Monday on the White House messaging battle over its “clean energy standard,” as well as an upcoming Senate hearing on ethanol. We also told you about the findings of an investigation by House Democrats on hydraulic fracturing and the oil industry’s new argument for loosening upcoming rules on disclosing payments to foreign governments.

Then we gave you a rundown of Bingaman’s energy priorities for the 112th Congress. We also told you about two new bills to limit EPA’s climate rules: one from Barrasso and one from Rockefeller.

And, for good measure, we told you about the oil implications of the unrest in Egypt, Bono’s foray into the energy policy world and a senior House Democrat’s efforts to get copies of industry groups’ replies to Rep. Darrell Issa (R-Calif.) on burdensome Obama administration regulations.

Please send tips and comments to Ben Geman, This e-mail address is being protected from spambots. You need JavaScript enabled to view it , and Andrew Restuccia, This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Follow us on Twitter: @E2Wire, @AndrewRestuccia.