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 InhofeChamber of Commerce endorses McSally for reelection Overnight Defense: Top admiral says 'no condition' where US should conduct nuclear test 'at this time' | Intelligence chief says Congress will get some in-person election security briefings Top admiral: 'No condition' where US should conduct nuclear test 'at this time' 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 AyotteBottom line Bottom line Bottom Line MORE (N.H.), Olympia Snowe (Maine), Susan CollinsSusan Margaret CollinsJeff Flake: Republicans 'should hold the same position' on SCOTUS vacancy as 2016 Trump supporters chant 'Fill that seat' at North Carolina rally Momentum growing among Republicans for Supreme Court vote before Election Day MORE (Maine), Scott Brown (Mass.), and Lamar AlexanderAndrew (Lamar) Lamar AlexanderToobin: McConnell engaging in 'greatest act of hypocrisy in American political history' with Ginsburg replacement vote Chamber of Commerce endorses McSally for reelection Trump health officials grilled over reports of politics in COVID-19 response MORE (Tenn.) opposed Inhofe's plan. Democratic Sens. Mary LandrieuMary Loretta LandrieuBottom line A decade of making a difference: Senate Caucus on Foster Youth Congress needs to work to combat the poverty, abuse and neglect issues that children face MORE (La.), Joe ManchinJoseph (Joe) ManchinMomentum growing among Republicans for Supreme Court vote before Election Day Gardner on court vacancy: Country needs to mourn Ginsburg 'before the politics begin' Barrett seen as a front-runner for Trump Supreme Court pick MORE (W.Va.), Ben Nelson (Neb.), Mark WarnerMark Robert WarnerIntelligence chief says Congress will get some in-person election security briefings Overnight Defense: Trump hosts Israel, UAE, Bahrain for historic signing l Air Force reveals it secretly built and flew new fighter jet l Coronavirus creates delay in Pentagon research for alternative to 'forever chemicals' House approves bill to secure internet-connected federal devices against cyber threats 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 McConnellMomentum growing among Republicans for Supreme Court vote before Election Day Trump expects to nominate woman to replace Ginsburg next week Video of Lindsey Graham arguing against nominating a Supreme Court justice in an election year goes viral 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 BluntCDC tells Congress it urgently needs billion for vaccine distribution On The Money: Trump undercuts GOP, calls for bigger COVID-19 relief package | Communities of color hit hardest financially by COVID-19 | Businesses, states pass on Trump payroll tax deferral Trump undercuts GOP, calls for bigger COVID-19 relief package 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 RockefellerBottom Line World Health Day: It's time to fight preventable disease Lobbying World 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 PaulSecond GOP senator to quarantine after exposure to coronavirus GOP senator to quarantine after coronavirus exposure The Hill's Morning Report - Sponsored by National Industries for the Blind - Trump seeks to flip 'Rage' narrative; Dems block COVID-19 bill 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 PryorCoronavirus poses risks for Trump in 2020 Tom Cotton's only Democratic rival quits race in Arkansas Medicaid rollback looms for GOP senators in 2020 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.