Senate Democrats say they will oppose a bid by Sen. Lisa Murkowski (R-Alaska) to remove EPA's authority under the Clean Air Act to regulate carbon dioxide and other greenhouse gas emissions. The target of Murkowski's amendment is an EPA endangerment finding announced by the agency Dec. 7 that linked greenhouse gas emissions to public health concerns, the first step toward regulating such emissions from vehicles and ultimately other sources such as power plants and factories.
At this time, it is unclear how Murkowski and her supporters will proceed. She already has received agreement from Senate Majority Leader Harry Reid (D-Nev.) to have her proposal taken up as early as Jan. 20 during debate over legislation to raise the federal debt ceiling. However, that process would require 60 votes to avert a filibuster threat.
As an alternative, Murkowski could use procedures under the Congressional Review Act to vote down federal regulations using a joint resolution of disapproval. Congress also can block federal regulatory actions through other means, such as by attaching appropriations riders barring the use of funds for rulemaking activity or enforcement, but the Congressional Review Act offers one distinct advantage: once the resolution is opened for debate on the Senate floor it requires just 51 senators to approve rather than the 60 traditionally needed to end a filibuster.
