“We are talking about a situation in which unelected bureaucratic government employees are systemically going about regulating every emission of CO2 in the country on very attenuated authority,” said Sen. Jeff SessionsJefferson (Jeff) Beauregard SessionsFeinstein, Harris call for probe of ICE after employee resigns House Judiciary chair subpoenas DOJ for FBI documents Sen. Gardner won’t let Jeff Sessions tread on Colorado’s cannabis boom MORE (R-Ala.). “They were never given the explicit authority by Congress to do so.”

Senate leadership reached a deal late Tuesday evening that will allow that amendment, offered by Sen. Jim InhofeJames (Jim) Mountain InhofeHouse members urge Senate to confirm Trump's NASA nominee Senators to Trump: Keep pressure on North Korea while exploring talks Why did this administration back the Palestine Liberation Organization in terrorism case? MORE (R-Okla.) and Senate Minority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSenate approves .3 trillion spending bill, sending to Trump GOP senator threatened to hold up bill over provision to honor late political rival: report Paul: Shutting down government not my goal MORE (R-Ky.) to receive a vote.

The measure is being offered to a Small Business Administration (SBA) bill that has been stuck in the Senate for more than two weeks.

A number of other amendments to the bill would also affect the EPA, including one sponsored by Sen. Jay RockefellerJohn (Jay) Davison RockefellerSenate GOP rejects Trump’s call to go big on gun legislation Overnight Tech: Trump nominates Dem to FCC | Facebook pulls suspected baseball gunman's pages | Uber board member resigns after sexist comment Trump nominates former FCC Dem for another term MORE (D-W.Va.) that would implement a two-year moratorium on further EPA regulations on greenhouse gases.

Legislation identical to the McConnell-Inhofe amendment, sponsored by Rep. Fred Upton (R-Mich.), is pending in the House and is nearly certain to pass. President Obama, however, has threatened to veto it if it reaches his desk.

“There is not one chance in 10 trillion that the McConnell bill will become law," Rockefeller said. “It will never happen. I doubt it will pass the Senate, it certainly will not pass on any other level where it counts.”