Clarification on debt ceiling and EPA ‘endangerment’ rule

Yesterday I wrote that Democrats may offer a second degree amendment to protect EPA’s authority to regulate carbon dioxide if Sen. Lisa Murkowski (R-Alaska) moves to block the agency.

That’s not quite right. The unanimous consent agreement that sets debate rules for the debt ceiling legislation, the bill Murkowski is eyeing for her amendment, doesn’t allow for second degree amendments.

It does however include placeholders for reserve amendments Democrats could offer. Democrats may push to codify EPA’s tailoring rule or offer other language to strengthen EPA’s authority to regulate carbon dioxide and other greenhouse gas emissions if Murkowski moves in the opposite direction. The counterpunch just wouldn’t come in the form of a second degree amendment.