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 GrassleyMulvaney faces uncertain future after public gaffes State cites 38 people for violations in Clinton email review Lawmakers from both sides of the aisle mourn Cummings MORE (R-Iowa) and John ThuneJohn Randolph ThuneHillicon Valley: Zuckerberg would support delaying Libra | More attorneys general join Facebook probe | Defense chief recuses from 'war cloud' contract | Senate GOP blocks two election security bills | FTC brings case against 'stalking' app developer The Memo: Trump 'lynching' firestorm is sign of things to come Senate Republicans block two election security bills 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 FischerFormer Nebraska Sen. Bob Kerrey endorses Biden Lawmakers toast Greta Van Susteren's new show Statue of Chief Standing Bear to be unveiled in Capitol 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 HoevenBottom Line Poll: McConnell is most unpopular senator McConnell ups pressure on White House to get a budget deal 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 GrahamGraham to introduce resolution condemning House impeachment inquiry Overnight Defense: Trump's Syria envoy wasn't consulted on withdrawal | McConnell offers resolution urging Trump to rethink Syria | Diplomat says Ukraine aid was tied to political investigations Partisan squabbles endanger congressional response to Trump's course on Syria MORE (S.C.) and Susan CollinsSusan Margaret CollinsCNN: Biden likened Clinton impeachment to 'partisan lynching' in 1998 The Memo: Trump 'lynching' firestorm is sign of things to come Susan Collins calls on Trump to retract tweet comparing impeachment inquiry to 'lynching' 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 GardnerTrump donor hosting Romney fundraiser Bennet reintroduces bill to ban lawmakers from becoming lobbyists GOP warns Graham letter to Pelosi on impeachment could 'backfire' MORE (R-Colo.), Rob PortmanRobert (Rob) Jones PortmanRural broadband in jeopardy unless Congress fixes taxing problem Overnight Defense — Presented by Boeing — Pence says Turkey agrees to ceasefire | Senators vow to move forward with Turkey sanctions | Mulvaney walks back comments tying Ukraine aid to 2016 probe On The Money: Senate fails to override Trump veto over border emergency | Trump resort to host G-7 next year | Senators to push Turkey sanctions despite ceasefire | McConnell tees up funding votes MORE (R-Ohio), Dean HellerDean Arthur HellerThis week: Barr back in hot seat over Mueller report Trump suggests Heller lost reelection bid because he was 'hostile' during 2016 presidential campaign Trump picks ex-oil lobbyist David Bernhardt for Interior secretary MORE (R-Nev.) and Heidi HeitkampMary (Heidi) Kathryn HeitkampThe Hill's Morning Report — Biden steadies in third debate as top tier remains the same Trump wins 60 percent approval in rural areas of key states Pence to push new NAFTA deal in visit to Iowa 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 BarrassoConservation gains in Senate bill would help all Americans To stave off a recession, let's pass a transportation infrastructure bill Overnight Defense: GOP wary of action on Iran | Pence says US 'locked and loaded' to defend allies | Iran's leader rules out talks with US 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.