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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 GrassleyChuck GrassleyConservatives launch 'anti-cancel culture' advocacy organization Lawmakers bicker over how to go after tax cheats On The Money: Biden says workers can't turn down job and get benefits | Treasury launches state and local aid | Businesses jump into vax push MORE (R-Iowa) and John ThuneJohn Randolph ThuneSenators shed masks after CDC lifts mandate Lawmakers bicker over how to go after tax cheats GOP split on counteroffer to Biden's spending 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 FischerMcCarthy and Biden haven't spoken since election Against mounting odds, Biden seeks GOP support for infrastructure plan The Hill's 12:30 Report: Biden meets with bipartisan lawmakers for infrastructure negotiations 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 sees immigration as path to regain power The Hill's 12:30 Report - Presented by Facebook - All US adults now eligible for COVID vaccines The Hill's Morning Report - Presented by Facebook - All US adults can get vaccine; decision Friday on J&J vax 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: 'I accept the results of the election' Juan Williams: The GOP's losing bet on Trump Pro-Trump lawyer Lin Wood causes headache for GOP in key S.C. race MORE (S.C.) and Susan CollinsSusan Margaret CollinsOvernight Health Care: Supreme Court takes case that could diminish Roe v. Wade | White House to send US-authorized vaccines overseas for first time White House: Biden committed to codifying Roe v. Wade regardless of Miss. case CDC's about-face on masks appears politically motivated to help a struggling Biden 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 GardnerBiden administration reverses Trump changes it says 'undermined' conservation program Gardner to lead new GOP super PAC ahead of midterms OVERNIGHT ENERGY: Court rules against fast-track of Trump EPA's 'secret science' rule | Bureau of Land Management exodus: Agency lost 87 percent of staff in Trump HQ relocation | GM commits to electric light duty fleet by 2035 MORE (R-Colo.), Rob PortmanRobert (Rob) Jones PortmanSenators shed masks after CDC lifts mandate Bipartisanship has become a partisan weapon Carper urges Biden to nominate ambassadors amid influx at border MORE (R-Ohio), Dean HellerDean Arthur HellerOn The Trail: Democrats plan to hammer Trump on Social Security, Medicare Lobbying World Democrats spend big to put Senate in play MORE (R-Nev.) and Heidi HeitkampMary (Heidi) Kathryn HeitkampEffective and profitable climate solutions are within the nation's farms and forests Bill Maher blasts removal of journalist at Teen Vogue Centrist Democrats pose major problem for progressives 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 BarrassoThe 'frills' of Biden's infrastructure plan are real needs Sunday shows preview: House GOP removes Cheney from leadership position; CDC issues new guidance for fully vaccinated Americans Biden says he and GOP both 'sincere about' seeking infrastructure compromise 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.