Bid to kill EPA coal plant regulations thwarted in Senate

Senate lawmakers on Wednesday blocked a GOP-led effort to scuttle Environmental Protection Agency regulations that mandate cuts in mercury pollution and other toxic emissions from coal-fired power plants.

The 46-53 vote against Sen. James InhofeJames (Jim) Mountain InhofeDefense strategy report warns of grave erosion in US military superiority Divided Congress to clash over Space Force, nuclear arsenal Midterms poised to shake up US-Saudi defense ties MORE’s (R-Okla.) resolution staves off what would have been a stinging election-year rebuke of the White House green agenda.

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Five Republicans joined 48 Democrats in blocking Inhofe’s measure to overturn regulations that coal industry groups and other critics contend will hurt the economy, cause power costs to spike and force numerous plants to shutter.

Sens. Kelly AyotteKelly Ann AyotteElection Countdown: O'Rourke brings in massive M haul | Deal on judges lets senators return to the trail | Hurricane puts Florida candidates in the spotlight | Adelson spending big to save GOP in midterms GOP mulls having outside counsel question Kavanaugh, Ford Pallbearers, speakers announced for McCain's DC memorial service and Capitol ceremony MORE (N.H.), Olympia Snowe (Maine), Susan CollinsSusan Margaret CollinsDems vow swift action on gun reform next year Collins reiterates call for legislation to protect Mueller investigation GOP nerves on edge after Sinema takes lead over McSally MORE (Maine), Scott Brown (Mass.), and Lamar AlexanderAndrew (Lamar) Lamar AlexanderCongress needs to wake up to nuclear security threat Blackburn keeps Tennessee seat in GOP hands  Overnight Health Care — Presented by Purdue Pharma — Judge urges insurers to drop challenge over non-ObamaCare plans | Azar vows to push ahead with drug pricing proposal | No increase for ObamaCare outreach budget MORE (Tenn.) opposed Inhofe's plan. Democratic Sens. Mary LandrieuMary Loretta LandrieuLobbying world Former New Orleans mayor: It's not my 'intention' to run for president Dems grasp for way to stop Trump's Supreme Court pick MORE (La.), Joe ManchinJoseph (Joe) ManchinSchumer reelected as Senate Democratic Leader Mellman: The triumph of partisanship Senate GOP readies for leadership reshuffle MORE (W.Va.), Ben Nelson (Neb.), Mark WarnerMark Robert WarnerOn The Money: Trump, Senate leaders to huddle on border wall funding | Fed bank regulator walks tightrope on Dodd-Frank | Koch-backed groups blast incentives for corporations after Amazon deal Schumer told Warner to back off of Facebook: report Schumer reelected as Senate Democratic Leader MORE (Va.), and Jim Webb (Va.) joined most Republicans in supporting Inhofe's failed proposal.

“A substantial amount of the electricity we produce in the country comes from coal. And this new regulation would devastate the jobs that depend on this cheap, abundant resource,” said Senate Minority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellRand Paul blocking Trump counterterrorism nominee On The Money: Trump, Senate leaders to huddle on border wall funding | Fed bank regulator walks tightrope on Dodd-Frank | Koch-backed groups blast incentives for corporations after Amazon deal Congress is going to make marijuana moves MORE (R-Ky.) on the Senate floor Wednesday ahead of the vote.

But backers of the rules say the claims of economic harm are vastly overblown, and argue that planned coal-plant closures stem from an array of factors, including competition from low-cost natural gas.

They point to projections of major public health benefits from the regulation. EPA estimates that the air toxics standards will prevent 11,000 premature deaths, 4,700 heart attacks and 130,000 cases of childhood asthma per year, among other benefits.

EPA projects the value of the health benefits — stemming from reducing air toxics as well as sulfur dioxide and fine particulate matter — could reach $90 billion per year. The rule will have estimated costs of $9.6 billion annually, according to EPA.

The White House threatened to veto Inhofe’s plan on Monday.

“The Mercury and Air Toxics Standards will ensure that the Nation's power plants install modern, widely available technologies to limit harmful pollution — leveling the playing field for power plants that already have such controls in place,” the White House said.

The White House action illustrates President Obama’s collision with Mitt Romney on EPA rules, including the so-called maximum achievable control technology (MACT) standards for coal plants.

Romney, the presumptive GOP White House nominee, criticized the EPA rule but did not comment directly on Inhofe’s resolution.

“Governor Romney has made clear that he opposes the Utility MACT, which costs more than $1,500 for every one dollar reduction in mercury pollution,” said Romney spokeswoman Andrea Saul.

Earlier in the day Sen. Roy BluntRoy Dean BluntMcConnell: Congress aiming for deal on sexual harassment bill this year The Hill's 12:30 Report — Sponsored by Delta Air Lines — Leadership elections in Congress | Freshman lawmakers arrive | Trump argues he can restrict reporter access Ernst elected to Senate GOP leadership MORE (R-Mo.) said that the EPA regulation is an example of Obama ignoring Congress.

"His administration has bypassed the Congress, bypassed the will of the people, and they're clearly trying to do by regulation what I believe the Congress would never do," Blunt said.

In a floor speech Wednesday, Manchin expressed support for Inhofe's resolution ahead of the vote, splitting with 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.) who strongly opposed it.

"From the day I arrived in the Senate I've been determined to stop the EPA's job-killing agenda, and this resolution of disapproval takes an important step to rein in this out of control agency," Manchin said.

The vote marks the second time in recent months that Senate lawmakers have defeated resolutions brought under the Congressional Review Act (CRA) to overturn an EPA power plant rule.

In November the Senate turned back Sen. Rand PaulRandal (Rand) Howard PaulRand Paul blocking Trump counterterrorism nominee Overnight Defense — Presented by Raytheon — Mattis defends border deployment during visit to troops | Bolton aide exits WH after clash with first lady | House blocks Yemen war resolution | Report warns of erosion in US military superiority On The Money: Trump, Senate leaders to huddle on border wall funding | Fed bank regulator walks tightrope on Dodd-Frank | Koch-backed groups blast incentives for corporations after Amazon deal MORE’s (R-Ky.) CRA resolution to nullify the Cross-State Air Pollution Rule, which requires curbs in smog and particulate-forming pollution from plants in 27 states in the eastern half of the country.

The CRA is a mid-1990s law that allows Congress to nullify final agency regulations but has been used successfully just once.

Resolutions under the CRA are immune from filibuster, but it’s a blunt instrument, forcing lawmakers to vote on whether they want to nullify pollution standards rather than just modify regulations.

Inhofe’s measure was likely harmed by a proposal by Alexander and Sen. Mark PryorMark Lunsford PryorMedicaid rollback looms for GOP senators in 2020 Cotton pitches anti-Democrat message to SC delegation Ex-Sen. Kay Hagan joins lobby firm MORE (D-Ark.) that would extend the compliance period for EPA’s air toxics rule by several years without nullifying it — a plan that gave some lawmakers cover to oppose Inhofe.