The top Republicans on six committees with jurisdiction over the Senate climate bill have sent a letter to Environment and Public Works committee Chairman Barbara Boxer urging her to back off of her decision to force the bill through the committee without Republican participation.

Democrats will need bipartisan support to overcome a possible filibuster of the legislation when it reaches the full Senate. Sen. John Kerry, (D-Mass.), and Lindsay Graham, (R-S.C.) have been working to build GOP support for the bill.

But Boxer's push to pass the bill out of committee, warn Republicans, could backfire.

"From our viewpoint, such an approach would severely damage, rather than help, the chances of enacting changes to our nation's climate and energy policies," the Republican senators wrote
WashPost: Climate bill faces hurdles in Senate - DEMOCRATS DEEPLY SPLIT (November 2, 2009) - The climate-change bill that has been moving slowly through the Senate will face a stark political reality when it emerges for committee debate on Tuesday: With Democrats deeply divided on the issue, unless some Republican lawmakers risk the backlash for signing on to the legislation, there is almost no hope for passage. Like the measure adopted by the House, the legislation favors a cap-and-trade system that would issue permits for greenhouse gas emissions, gradually lower the amount of emissions allowed, and let companies buy and sell permits to meet their needs -- all without adding to the federal deficit, according to projections. But key Republicans are making their opposition clear, even as Sen. John F. Kerry (D-Mass.) has enlisted Sen. Lindsey O. Graham (S.C.) as his most visible GOP ally in gathering support for the bill. Sen. George V. Voinovich (Ohio), a member of the Environment and Public Works Committee who was initially seen as one of the few Republicans who might consider backing the majority, is helping lead the opposition. "Why are we trying to jam down this legislation now?" he asked during a hearing last week. "Wouldn't it be smarter to take our time and do it right?" He wrote Environmental Protection Agency Administrator Lisa P. Jackson twice this summer to ask for a more detailed economic analysis of the House-passed climate legislation, and he has joined the other six Republicans on the committee in boycotting the climate bill's markup, scheduled for Tuesday. The measure has deeply divided Democrats. With states in the Midwest, South and Rocky Mountain West dependent on fossil fuels for energy, many senators are worried about the legislation's impact on industry and consumers. "I think at the end of the day, the people who turn the switch on at home will be disadvantaged," Sen. Ben Nelson (D-Neb.) told CNBC on Friday, explaining why he did not think the bill Kerry had sponsored along with Environment and Public Works Chairman Barbara Boxer (D-Calif.) could pass.

E&E; News Boxer pushes ahead with "Toxic" Maneuver (11/02/2009) - Chairwoman Barbara Boxer (D-Calif.) plans to proceed under a rarely used interpretation of the committee's rules that allows her to start and finish the markup so long as a majority of the panel's members are present, rather than longstanding precedent requiring two minority members to be in attendance, according to sources on and off Capitol Hill. Boxer's justification for the move is that Republicans are trying to stall on a climate bill that they have no intention of voting for anyway. And with a 12-7 majority favoring Democrats, she does not need their support to report the bill favorably. "We believe that there's no reason for them to stay away," Boxer told reporters last week. "It'd be remarkably bad faith if they did."...But some question whether Boxer's efforts now could foretell trouble as Kerry tries to work with moderate Democrats and Republicans. A former Senate Democratic staffer warned that an end-run around the committee's process may not be the best strategy when appealing to swing-vote senators. "That product is totally toxic," the former staffer said. "It's basically worthless." Wheeler, the former EPW Republican staff director, said that Boxer's move to bypass longstanding rules could hurt the Democrats' chances on the floor for winning the votes of committee members like Voinovich and Alexander, as well as GOP moderates off the committee like Sens. Susan Collins and Olympia Snowe of Maine, and Judd Gregg of New Hampshire. "They all believe in the process and minority rights," Wheeler said. "The fastest way to ensure that no Republican ever supports this is to do something like that."

The Environment and Public Works committee is engaged in public partisan warfare over a climate bill, a battle that foreshadows the deep struggle the Obama administration will face as Democrats attempt to push a version of the sweeping legislation through the Senate.

Chairman Barbara Boxer (D-Ca.) was expected to move forward with her bill on Friday, even as all seven Republicans on the committee threatened to boycott any mark-up hearing held next week.

Republicans say that EPW rules prohibit Boxer from holding a mark-up without two Republicans present. Democratic aides for Boxer and other members indicated that they had found a way around that rule, saying that they expected to proceed with the hearing on Tuesday, even if Republicans don't attend.
"Democrats could also break with a long-standing EPW Committee precedent that requires two minority members to be in attendance for a markup to even begin. According to the committee rules, Boxer appears to have an exception available that would pave the way for votes on both amendments and the overall bill so long as a majority of the committee's members are present."

"Going this route, according to one former Senate Democratic aide, could spell trouble for the overall legislation as Boxer and her allies continue their search for 60 votes among moderate Democrats and Republicans. 'That product is totally toxic," the former staffer warned. "It's basically worthless.'"
Senate Commerce Chairman Jay Rockefeller (D-W.Va.) may not mark up his panel's portions of the Senate climate bill this year, he said yesterday.
Although he confirmed plans to hold a markup eventually, Rockefeller's comments are another sign that with dwindling days left this year and health care legislation not yet on the floor, a major climate bill will be pushed into 2010.

"I am a conferee on health. If you can tell me how long we will be negotiating with the House, then I can give you a better answer to your question," he said when asked whether a Commerce Committee markup would occur this year. "I think it is going to be a long time."

The Senate Environment and Public Works Committee plans to begin marking up the climate bill next week. But the time frames and plans of committees that oversee pieces of the measure -- notably Finance and Agriculture -- remain uncertain.

A cap-and-trade bill to address climate change cannot pass the Congress this session, Sen. Ben Nelson (D-Neb.) claimed Friday.

Nelson, a centrist Democrat whose vote is key to leaders wielding its 60-vote majority in the Senate, said he and his constituents had not been sold on the cap-and-trade system proposed in House and Senate bills to address global warming.

"No," Nelson simply responded when asked if those cap-and-trade bills can pass through this Congress during an interview on CNBC.

"I haven't been able to sell that argument to my farmers, and I don't think they're going to buy it from anybody else," Nelson said. "I think at the end of the day, the people who turn the switch on at home will be disadvantaged."
WASHINGTON - Just before another short-term extension on highway programs moved forward, U.S. Sen. Jim Inhofe pulled the plug Thursday on his own efforts to pass a longer-term extension and protect Oklahoma and other states from more losses in road money.

All week the Oklahoma Republican had worked with fellow lawmakers in both the House and the Senate on a deal for a six-month extension, but another continuing resolution passed to take the current transportation law until Dec. 18.

"This is terrible for Oklahomans, and it is being repeated across the nation,'' Inhofe said.

He said the short-term extension, the second passed so far, will fund highway programs at levels 33 percent lower than what states had been receiving.

Oklahoma Sen. Jim Inhofe stands out like a heretic in a world in which political correctness has become its own religion. One of the chief tenets of this new faith is that manmade global warming will be the ruination of us all. Inhofe is on a one man crusade to debunk the idea.

It doesn't matter that the "global warming" vocabulary is subtly being switched to "climate change," and for a very good reason. There is some question about how much, if any, the earth is still warming despite ever increasing carbon emissions.

Posted by: David Lungren David_Lungren@epw.senate.gov

 

 

Transcript of Voinovich-Boxer Exchange: EPW legislative hearing on Kerry-Boxer Cap-and-Trade Bill, October 29, 2009:

 

Voinovich: Thank you Madam Chairman.  Serious problems deserve serious solutions.  This bill lacks analytical support and open dialogue.  Even much less significant or costly bills are subject to EIA and EPA analysis well in advance of the final committee actions.  Lesser bills are subject to legislative hearings, not so here.  Lesser bills are designed to meet somewhat realistic assumptions about the real state of technology, not so here.   I'd like to put into the record an editorial from the Post referencing Senator Cardin, it's called the ‘Public Fisker - Washington can help build plug in-hybrid, but who will buy them?'  At the end of the article it says such are the risks of the Obama Administration policy which seems to be ‘fertilize the fields of green technology and hope at the end at least some of it sells.' 

This may be the single most significant piece of legislation that's come before the committee, touching every sector of the economy and having immense energy, economic, environmental, and national security consequences.  At this point, we do not fully understand how this legislation will impact the price supply and reliability of electricity, gasoline, and other commodities which millions of Americans depend on every day.   Once more, we don't know if the bill will have an appreciable impact on climate change.  On Tuesday, Administrator Jackson admitted that they have not done a complete analysis of this bill.  We are talking about a bill that's going to go to 2050.  You'd think that we'd wait for that data. 

Madame Chairman, I have a Washington Post article, 'Economics of climate change at the forefront.'  I'll submit that, which talks about the argument over estimates.  The best information that we have right now is an analysis by the American Council for Capital Formation, which says this bill is an economic disaster.  The fact of the matter is, is if you look at this bill, for example, states like Ohio are going to get 70% of our allowances taken care of, and your state of California is going to get 140%. That means a shifting of 385 million dollars from some states to other states around the country.  And I've got a poster here, a chart. If you see the votes in the House, folks, these are the people who voted against the bill in the House. Here are the states of the people who voted for it in the House. And you can see the regional differences in the United States. Here we are, we're in the Midwest, the manufacturing sector of this country, and we've got problems with it.  But those over here, they think it's okay, California is going to make out like a bandit with this legislation.  So Madam Chairman, I think it's time...

(Gavel)

Voinovich: I'm going to finish up.

Boxer: You can ask unanimous consent to get another minute if you want.

Voinovich: I think that we need a sense of bipartisanship in this committee, and I don't think we have it.  You complained the other day that Senator Warner was no longer on this committee. 

Boxer: I did.

Voinovich: I ask, does your definition of bipartisanship mean someone that agrees with you? I mean, this is a big bill.  We need to really get at it. I'm willing to work with the people on the other side of the aisle. But if you jam this thing through here, it's not going to be good and America is going to be very, very upset about it, and I'll tell you one thing, the people in Ohio will be very upset about it.

Boxer: I'll take my two minutes now. If you had asked for unanimous consent I would have been happy to grant it. Now here's my definition of bipartisanship.  Working together like we do on the Highway bill, like we do on the Water bills, we know how to work together. Senator Inhofe and I are working together right now, along with other colleagues.  We would have had an extension on the highway bill, Senator Voinovich, you were the only one on this committee to object to it.  Now, here's the situation.  I think the speech you just made is flat wrong and I want to explain why.  I have the EPA analysis and they say there are barely any regional differences whatsoever.

Voinovich: It's not a complete analysis, and the head of the Department said it was not a complete analysis.

Boxer: I did not interrupt you Senator.

Voinovich: Well, you're editorializing on my comments as you do everybody else's comments here.

Boxer: Senator, I'm taking my time because I didn't take my two minutes in the beginning.  I'm taking it now.

Voinovich: Thank you.

Boxer: Thank you very much.  I will ask unanimous consent to place into the record the EPA analysis which says there are barely any regional differences, as well as put into the record the amount of extra cost for consumers which we are trying to offset.  Now, I hear what you're saying, all of you, on the other side.  I have done everything possible to get some of you on the other side to work with us. I praised the meetings I had with Senator Voinovich in my opening statement.  He said he wanted to meet, and we met.  We have notes from that.  He asked us for an analysis.  We made it just for him.  So to say we that haven't reached out is ridiculous. Now, we are having unprecedented number of legislative hearings.  All of these witnesses, we've asked them to read the bill in its entirety.  We have asked every witness to do so, and they are prepared to speak about the bill either for or against the bill.  And we have an analysis that I would say is one of the most thorough ever done, and this is the reason why. Five weeks to do the Markey bill.  Two weeks to do the tweeks that we did. Most of our bill is very similar to theirs.  So it's a seven week process.   And as far as the CBO, we have been working hand and glove with them to make sure that our bill is in fact deficit neutral and maybe even has a surplus.  It is the tradition of this committee that the CBO score is done after the mark, before the bill is on the floor. That is what this committee did under republican leadership and democratic leadership.   And that's what we will do.  I hope we don't see a boycott of a markup of a landmark bill.  That would be tragic in my mind.  We are ready to look at your amendments, we are ready to work with you on your amendments, we are ready to accept them if we feel they are good, and have votes on them, and you know, who knows how the votes will turn out.  But all of this aggressive kind of argument, I just think is misplaced.  If you go back, and I have, to the history of this committee under republican leadership and democratic leadership, we are doing a tremendously thorough job, and I am very proud of the work that has come out of this committee.  And all the charges I hear from the other side just don't hold up in the light of day, there is just fear-mongering going on, and the fact is, we are going to look at a bright new future if we move forward. So let's just continue and we'll go now to Senator...

Inhofe: Let me respond if I could, I'll take my second minute that I didn't use.

Boxer: You have a minute left over, that's right.

Inhofe: Thank you very much Madame Chairman. Let me just say this, in terms of the analysis and the time, let's be realistic about it.  When we had the Clear Skies legislation, we started our first hearing in April of ‘03.  We had them in May, June, July, all the way through the rest of that year into February of '05.  Finally, we ended up having a mark-up on March of '05.  We had two years of analysis, we had 10,000 pages of analysis, and all of a sudden it's outrageous for us to ask for even two months of the same thing.  So I think we need to look back at what we did when we were a majority, very similar type of legislation, Clear Skies, and it took two years before we could even have a mark up.

On Tuesday, October 27, 2009, Sen. Voinovich questioned Administrator Jackson on whether EPA had conducted a full analysis of the Kerry-Boxer cap-and-trade legislation.

Voinovich: Secretary Jackson, you and I and our staffs have had an ongoing disagreement about the thoroughness of your, doing your analysis, and in your report about the impacts 1733 you state, "Because of these many similarities and the relatively small differences between the two bills, it is likely that a full analysis of 1733 would show economic impacts very similar to H.R. 2454." The fact is that you have not done a complete analysis, is that correct?

Jackson: We have not run the full economic modeling, sir.