Return of Senate’s Comprehensive Energy Bill to Move Prior to July 4th Recess; Administration Reviews Clean Power Plan


Legislative Activity

Revival of the Comprehensive Energy Bill

Last week, by unanimous consent, the House Energy and Commerce Committee advanced 11 bills governing energy infrastructure and efficiency. The bills address a range of issues including:  skill preparation for energy-related jobs; improvement to hydroelectric licensing; retrofits for schools; increasing energy and water efficiency for federal facilities and amending monetary thresholds for mergers of FERC-regulated facilities. Several of the issue areas that these bills address were included in the larger comprehensive energy bill that Congress had tried but failed to pass last session.

In the Senate, Chairman Lisa Murkowski (R-AK) of the Energy and Natural Resources Committee has begun the effort to revive the bi-partisan comprehensive energy bill. The all-encompassing 800-page bill from the 114th Congress, S. 2012, as engrossed by the Senate, will serve as the base bill. It will also include several of the agreed-upon items from conference (such as the SAVE Act). The Chairman intends have the bill ready to move to the Senate Floor prior to the July 4 recess. 

This Week’s Hearings:

Regulatory Activity

Clean Power Plan

Last Thursday, the Environmental Protection Agency (EPA) sent its proposed review of the Clean Power Plan (CPP) to the Office of Management and Budget (OMB) for review. While the notice did not include details, the proposal is anticipated to seek the repeal of the CPP. This follows EPA Administrator Pruitt’s statements last month that he has not decided whether to craft new rules in addition to repealing the CPP. OMB is anticipated to spend the next few months reviewing the proposal before it is publicly released.

WOTUS

On Thursday, June 29, the EPA’s Small Communities Advisory Subcommittee (SCAS) and Local Government Advisory Committee (LGAC) will meet to discuss and formulate recommendations on revising the definition of ‘‘Waters of the U.S.’’ (WOTUS) under the Clean Water Act, as well as other environmental issues effecting small communities and local governments. This follows EPA’s letter to state governors last month soliciting comments as to how the agency should rewrite WOTUS in response to President Trump’s February 28 executive order directing the agencies to revise the contested Obama Administration rule. The meetings are open to all interested parties who would like to participate. More information on how to submit comments can be found here


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National Law Review, Volume VII, Number 163