OVERNIGHT ENERGY: GOP previews arguments against climate rule

AN ORAL ARGUMENT SNEAK PEEK?: Attorneys general from West Virginia and Oklahoma detailed their concerns over the legality of President Obama's climate rule for power plants at a Senate hearing on Tuesday. 

West Virginia's Patrick Morrisey said the Clean Power Plan is based on conflicting provisions within a federal statute and warned that his state would continue to pursue legal action against the rule once it's finalized this summer. 

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Oklahoma's Scott Pruitt said the rule represented "an attempt by the [Environmental Protection Agency] to expand federal bureaucrats' authority over states' energy power generation mixes." He said the EPA was overstepping its bounds in setting emission targets for states and setting reduction pathways for states that don't write their own (such as Oklahoma). 

Lawyers and the EPA defended the plan as lawful and, in fact, an example of federalism.

"This plan sets out what states are to do, gives them the targets to meet, gives them the flexibility to choose the way they want to meet those targets," former EPA lawyer Lisa Heinzerling said. 

Read more here.

ON TAP WEDNESDAY I: The Senate Environment and Public Works Committee will hold a hearing on President Obama's Fish and Wildlife Service budget request and a slate of bills dealing with the Endangered Species Act. Fish and Wildlife Service Director Dan Ashe will testify.

ON TAP WEDNESDAY II: The Conference of Western Attorneys General will host its Energy Exports Summit to discuss oil and natural gas exports, bringing together 10 state attorneys general or their deputies, along with various representatives of the private sector. Sens. Heidi HeitkampMary (Heidi) Kathryn HeitkampOn The Money: Stocks sink on Trump tariff threat | GOP caught off guard by new trade turmoil | Federal deficit grew 38 percent this fiscal year | Banks avoid taking position in Trump, Dem subpoena fight Fight over Trump's new NAFTA hits key stretch Former senators launching effort to help Dems win rural votes MORE (D-N.D.), John BarrassoJohn Anthony BarrassoTrump boxed in on trade Export-Import Bank back to full strength after Senate confirmations Mike Enzi announces he'll retire from Senate after 2020 MORE (R-Wyo.) and Steve Daines (R-Mont.) will give speeches.

Rest of Wednesday's agenda ...

Doug Settles, chief of oil and natural gas producer Encana Corp., will speak at a Chamber of Commerce Foundation discussion on the economic value of domestic oil and gas production.

The Center for Strategic and International Studies will hold a discussion on the future of the Strategic Petroleum Reserve. Department of Energy Assistant Secretary for Fossil Energy Christopher Smith and Bob Corbin, the deputy assistant secretary at the Office of Petroleum Reserves, participate.

AROUND THE WEB:

A study of drinking water in Pennsylvania has shown trace amounts of fracking chemicals, the New York Times reports.

A committee of the New Jersey Senate approved a bill to mandate that utilities get 80 percent of their electricity from renewable sources, NJ Spotlight reports.

IN CASE YOU MISSED IT:

Check out Tuesday's stories ... 

-Crude oil rail supply jumps for East Coast refiners
-EPA sends ethanol proposals for final review
-Green group launches smog text alert system
-States preview arguments against Obama's climate rule
-Feds to require climate change plans for states seeking disaster relief
-White House: Prepare for climate change in infrastructure planning

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