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 GrassleyFlake threatens to limit Trump court nominees: report On The Money — Sponsored by Prudential — Markets roiled by Trump's new tariff threat | Trump lashes out at Canada over trade | Warren looks to block Trump pick for consumer agency The Hill's Morning Report — Sponsored by PhRMA — Defiant Trump meets with House GOP amid border blowback MORE (R-Iowa) and John ThuneJohn Randolph ThuneSenate moving ahead with border bill, despite Trump On The Money — Sponsored by Prudential — Senators hammers Ross on Trump tariffs | EU levies tariffs on US goods | Senate rejects Trump plan to claw back spending Senators hammer Ross over Trump tariffs 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 FischerErnst, Fischer to square off for leadership post McConnell will ask Cornyn to stay on GOP leadership team Graham downplays need for bill reining in Trump on tariffs after White House meeting 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 HoevenGOP senators introduce bill to prevent family separations at border GOP senators want NAFTA deal from Trump by Labor Day Senate GOP urges Trump administration to work closely with Congress on NAFTA 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 GrahamTrump says he will sign executive order to end family separations Trump backs narrow bill halting family separations: official Overnight Health Care — Presented by the Association of American Medical Colleges — Trump officials move to expand non-ObamaCare health plans | 'Zero tolerance' policy stirs fears in health community | New ObamaCare repeal plan MORE (S.C.) and Susan CollinsSusan Margaret CollinsSenate moving ahead with border bill, despite Trump On The Money — Sponsored by Prudential — Senators hammers Ross on Trump tariffs | EU levies tariffs on US goods | Senate rejects Trump plan to claw back spending Senate moderates hunt for compromise on family separation bill 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 GardnerSenate moving ahead with border bill, despite Trump 13 GOP senators ask administration to pause separation of immigrant families Sessions floats federal law that would protect states that decriminalize marijuana MORE (R-Colo.), Rob PortmanRobert (Rob) Jones PortmanSenate moving ahead with border bill, despite Trump 13 GOP senators ask administration to pause separation of immigrant families Lawmakers, businesses await guidance on tax law MORE (R-Ohio), Dean HellerDean Arthur HellerThe Hill's Morning Report — Sponsored by PhRMA — GOP lawmakers race to find an immigration fix 13 GOP senators ask administration to pause separation of immigrant families The Hill's Morning Report — Sponsored by PhRMA — Defiant Trump meets with House GOP amid border blowback MORE (R-Nev.) and Heidi HeitkampMary (Heidi) Kathryn HeitkampElection Countdown: Family separation policy may haunt GOP in November | Why Republican candidates are bracing for surprises | House Dems rake in record May haul | 'Dumpster fire' ad goes viral Poll: GOP challenger narrowly leads Heitkamp in North Dakota Trump plan to claw back billion in spending in peril 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 BarrassoGOP senators introduce bill to prevent family separations at border Overnight Energy: Senate panel sets Pruitt hearing | Colorado joins California with tougher emissions rules | Court sides with Trump on coal leasing program Pruitt to testify before Senate panel in August 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.