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Ethanol fight complicates push to repeal Obama drilling rule

Ethanol fight complicates push to repeal Obama drilling rule
© Keren Carrion

A handful of GOP senators have said they might hold up legislation to repeal an Obama administration oil and natural gas drilling rule to secure a vote on an ethanol policy change.

The group, led by Sens. Chuck GrassleyCharles (Chuck) Ernest GrassleyPavlich: The claim Trump let the mentally ill get guns is a lie Congress fails miserably: For Asian-Americans, immigration proposals are personal attacks Grassley, Dems step up battle over judicial nominees MORE (R-Iowa) and John ThuneJohn Randolph ThuneFlake to try to force vote on DACA stopgap plan Congress punts fight over Dreamers to March The 14 GOP senators who voted against Trump’s immigration framework MORE (R-S.D.), have long pushed legislation to overturn federal policy that effectively prevents sales of gasoline with 15 percent ethanol — known as E15 — during the summer months due to volatility concerns.

Now they want to trade a Senate vote on that bill for a vote on a resolution that would overturn limits on methane emissions from oil and natural gas drilling on federal land.

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Thune said Wednesday that he and his allies tried and failed to get the provision into the omnibus spending bill that was unveiled Sunday and will get a vote this week. Since the methane legislation is a Congressional Review Act (CRA) resolution, it cannot be combined into a single bill with the ethanol policy change.

“We tried to get it included in the omni, unsuccessfully. So we’re looking now for other vehicles and seeing … how methane fits into that picture,” Thune said.

Lobbyists familiar with the discussions say that Thune, Grassley, Sen. Joni Ernst (R-Iowa) and Sen. Deb FischerDebra (Deb) Strobel FischerSenate Republicans call on Trump to preserve NAFTA US trade deficit rises on record imports from China Flake, GOP senators to meet with Trump on trade MORE (R-Neb.) are leading the charge for the ethanol vote.

“I can’t give you an update on it,” Grassley said on Wednesday.

“I can say, as of yesterday, no," there isn't a deal, he said, adding, "but if there’s been anything done overnight, I don’t know.”

Fischer declined to say whether she is involved in the move to exchange a vote on methane for the ethanol provision, only noting that she is the lead sponsor of the ethanol legislation.

“I think it’s an issue that needs to be addressed,” she said.

Sen. John HoevenJohn Henry HoevenSenate Republicans call on Trump to preserve NAFTA GOP anxious with Trump on trade GOP lawmakers to Trump: Don't fire Mueller MORE (R-N.D.), a strong supporter of the methane legislation, said the ethanol change makes sense and he wants to resolve it. But it should be dealt with separately, he said.

“I think it’s something we can straighten out, but I don’t think that should be a problem as far as the vote that we’re going to have on the CRA,” he told reporters. “I think that’s an issue we can get figured out, but it would obviously have to be separate from this.”

Time is running out for the methane resolution. Under the terms of the Congressional Review Act, which provides the Senate a window of 60 legislative days to overrule a regulation, the Senate has a May 11 deadline for passing the bill, Hoeven said on Tuesday.

Even before the ethanol issue rose to the surface, Republican supporters of the methane resolution have struggled to secure the votes they need to move it to the floor.

Two Republican senators — Lindsey GrahamLindsey Olin GrahamCongress punts fight over Dreamers to March Pence tours Rio Grande between US and Mexico GOP looks for Plan B after failure of immigration measures MORE (S.C.) and Susan CollinsSusan Margaret CollinsOvernight Tech: Judge blocks AT&T request for DOJ communications | Facebook VP apologizes for tweets about Mueller probe | Tech wants Treasury to fight EU tax proposal Overnight Regulation: Trump to take steps to ban bump stocks | Trump eases rules on insurance sold outside of ObamaCare | FCC to officially rescind net neutrality Thursday | Obama EPA chief: Reg rollback won't stand FCC to officially rescind net neutrality rules on Thursday MORE (Maine) — have indicated opposition to the methane bill, meaning supporters can only afford to lose one more vote before the resolution flounders.

Four senators are believed to be undecided on the measure: Cory GardnerCory Scott GardnerThe siren of Baton Rouge Senate confirms John Demers to head DOJ national security division Senate rejects bipartisan measure as immigration votes begin MORE (R-Colo.), Rob PortmanRobert (Rob) Jones PortmanCommittee chairman aims for House vote on opioid bills by Memorial Day Flake to try to force vote on DACA stopgap plan Congress punts fight over Dreamers to March MORE (R-Ohio), Dean HellerDean Arthur HellerThe siren of Baton Rouge Big Republican missteps needed for Democrats to win in November What to watch for in the Senate immigration votes MORE (R-Nev.) and Heidi HeitkampMary (Heidi) Kathryn HeitkampSenate rejects Trump immigration plan Cramer to announce North Dakota Senate run on Friday Senate Democrats not sold on bipartisan immigration deal MORE (D-N.D.). If any of them decide to oppose the resolution, it will fall short of the 51-vote threshold Republicans need for passage.

Outside groups have waged a lobbying war over the methane rule, an Obama administration effort to limit venting and flaring of methane pollution from drilling sites on federal land.

The oil industry support the CRA resolution, saying it would unwind a regulation that could hamstring producers who are already working to cut down on methane leaks on their own.

Environmentalists say the rule is necessary for limiting emissions of methane, a greenhouse gas with 25 times the global warming potential of carbon dioxide.

The White House has not telegraphed its position on the resolution, though Sen. John BarrassoJohn Anthony BarrassoThe 14 GOP senators who voted against Trump’s immigration framework Overnight Energy: Senate panel advances Trump pick for EPA No. 2 | Pruitt questions ‘assumptions’ on climate | Dems want Pruitt recused from climate rule review Senate panel advances Trump pick for No. 2 official at EPA MORE (R-Wyo.), its lead sponsor, said he expects President Trump would sign it.

Trump has signed 12 other CRA resolutions stripping rules issued late in the Obama administration from the books. Trump signed an executive order in March to start undoing numerous Obama rules, including the methane one, though that process goes through agency rulemaking and would take much longer than an instantaneous congressional effort.