MS. CUMMINGS: Welcome to Politico's video series, The Green Divide. I'm Jeanne Cummings, and I'm here on Capitol Hill with Senator Jim Inhofe of Oklahoma, who's here to discuss the debate and the bill of the day.
Senator, thank you so much for having us today.

SENATOR INHOFE: Nice to be with you, Jeanme.

MS. CUMMINGS: Senator, you have expressed some concerns about this debate and about this legislation. Why don't we start off with you giving us a brief description of where you stand on the issues today.

SENATOR INHOFE: Well, you know, we don't know what this legislation is. Every time they try to come up with a new version of cap and trade - this started right after Kyoto. Of course, we had the McCain-Lieberman Bill of '03 and the McCain-Lieberman Bill of '05 and in the Lieberman-Warner Bill of '08, and then, '09, the Waxman-Markey. It doesn't make any difference, they're all the same, and if they're going to have cap and trade, they're going to have cap and trade, and there's going to be cap and trade on this.

Now, so, I-when I look at this, I think their strategy was-was-is-is flawed, because they've tried it before: It's called "divide and conquer." So, what they have done is-and I-I have a great affection, particularly for Lindsay Graham, but I-it's kind of humorous, because they go to the various elements of the oil industry and the gas industry and the coal industry and they carve out special deals and they try to bring them in, or at least to break them so that-as I call it, "divide and conquer." And consequently, it's-it's-it's not going to work. So, I don't see this any differently than I did the years that I spent debating the McCain-Lieberman bills when they were on the floor of the Senate.

Let's keep in mind, that endured about four years, and the arguments are just about the same. The only difference now is that they don't have anything for us to look at, so that you can't-you can't-you know, argue against something unless you've seen what it does.

MS. CUMMINGS: Now, when you speak of the divide and conquer strategy, they have been very aggressive this cycle to try to bring on some of those industry groups, coal, big oil, nuclear, as you said, and offer them things in the legislation.

Hiring someone to renovate your older home is about to become more complicated and expensive. Starting on Earth Day, April 22, contractors working on almost all homes built before 1978 must prove they have the Environmental Protection Agency's stamp of approval to do the work -- or face fines of up to $37,500 a day.

A new federal rule aimed at reducing exposure to toxic lead-paint chips and dust requires renovators to be trained and certified in EPA-approved methods of containing and cleaning up work areas.

"We're scrambling to learn the procedures as quickly as we can," said contractor Ethan Landis of Landis Construction in the District. On Friday, he and three of his project managers were scheduled to learn the methods during an all-day course run by the Connor Institute in Gaithersburg, for $225 each. "Now that the deadline is here, the real costs are going to become evident," Landis said. "There is a huge upfront cost just for training alone."

President Obama expects the Senate to move on to comprehensive energy and climate change legislation once it finishes work over the next few weeks on Wall Street regulatory reform.

"This is one of these foundational priorities from my perspective that has to be done soon," Obama said of the climate bill Friday during a White House meeting of outside experts helping the administration on economic recovery plans.

Obama predicted several weeks of Senate debate on the financial reform package, with lawmakers working behind the scenes on a climate bill that must get support from industry if it has any chance of passing.

Sen. Jim Inhofe (R-Okla.), top Republican on the Senate Environment and Public Works Committee is confident that the new effort to pass a national cap-and-trade energy tax will not pass the Senate this year.

"I know we can beat it," Inhofe told Fox News' Stuart Varney. "This is another cap-and-trade. We went through the McCain-Lieberman bill of '03, the McCain-Lieberman of '05, the Warner-Lieberman of '08, the Waxman bill... I can assure you, I don't think they have more than 25 votes on the Democrats' side, and if you throw Lindsey Graham in there that would be 26 votes."

As reported on HUMAN EVENTS Sens. John Kerry (D-Mass.) Joe Lieberman (I-Conn.) and Lindsey Graham (R-S.C.) have been working in secret for months to construct another run at the national energy tax.

Senators Set To Roll Out Global Warming Cap and Tax Bill April 26

"Aides said the date for the bill’s release should be solid, because celebrities are expected to attend the event."

Friday April 16, 2010

So Much for Global Warming Gas Tax?

Watch - Inhofe: We Will Defeat Global Warming Gas Tax: You and I have talked about this before, and the numbers of people who are willing to vote for the largest tax increase in the history of America are diminishing the closer you get to an election. So, it's not going to happen. What we're looking at right now, I heard you mention the 15 cent gas tax to support this some kind of cap-and-trade, that just isn't going to happen. Right now, there's an effort to increase the gas tax for roads and highways and bridges - that's what it is really there for. So, that isn't going to happen. But, a Harvard professor did a study, and Stuart you probably saw this, they said if we want to meet the requirements of the Obama Administration - that is a 17% reduction in emissions by 2020 - you better used to $7.00 a gallon for gasoline. That's not going to happen, I assure you.

Did somebody just say "gas tax?" Maybe, but they know better now. Sens. John Kerry (D., Mass.), Lindsey Graham (R., S.C.) and Connecticut Independent Joe Lieberman are supposed to unveil, some day, a tripartisan energy and climate bill they've been working on for months...An article in the Los Angeles Times Thursday speculated the Kerry-Graham-Lieberman plan would call for a levy of roughly 15 cents a gallon. That's less than the price of regular gasoline has risen since Feb. 22, according to surveys by the Department of Energy. But "gas tax" is a compound cuss word in Washington, even less acceptable in polite society than "cap and trade." The quick moves to squelch such talk show that terms such as "price on carbon" or "linked fee" - the working euphemism among those involved in the Kerry-Graham-Lieberman discussions - aren't going to fool anyone, especially in an election year.

Backtracking On Gas Tax - Confirming earlier reporting in this blog, the White House has now officially announced its opposition to any increase in federal gasoline taxes as part of Senate climate change legislation. Sen. Lindsay Graham, R-S.C., has advocated higher gasoline taxes in the context of intense and highly complex negotiations to build Republican support for climate change legislation. Graham doesn't call the higher fee - currently proposed as 15 cents per gallon - a straight gasoline tax. Rather, Graham considers it a fee on oil and gas industry pollution.Graham is working with Democratic Sen. John Kerry of Massachusetts and Sen. Joe Lieberman, I-Connecticut, to forge a bipartisan consensus on a climate change bill. Those efforts continue. White House opposition to the gas tax all but kills the idea, but the White House statement leaves is vague enough not to rule out entirely some variation of the Graham proposal. Negotiations continue.

Bipartisan "Uproar" Over Circumventing Regular Order - "Raise Red Flags"

Lieberman earlier this week sparked an uproar among some key Democrats when he explained the plan was to hand the legislative proposal over to Reid without a formal introduction to ensure it does not get referred to committees."That doesn't sound like the regular order to me," Agriculture Chairwoman Blanche Lincoln (D-Ark.) said Wednesday. "We'll certainly weigh in. And I think where there's an opportunity, whether it's to have hearings or to have a say, we'll do it.""I'd be surprised if it bypassed Finance," said Sen. Debbie Stabenow (D-Mich.), a member of the panel led by Sen. Max Baucus (D-Mont.).

Already, some senators also are raising red flags about the committee process, which they warn may be circumvented if the Kerry-Graham-Lieberman proposal moves directly into Reid's office."These bills need to go through committee," said Sen. Maria Cantwell (D-Wash.). "If you're talking about making major deals on energy policy, it needs to go through the Energy Committee. If you're making major deals on tax policy, it needs to go through the Finance Committee. I mean, if you want to get it done." Greenwire:

Budget Committee ranking member Judd Gregg (R-N.H.), a possible swing vote, said he would prefer the committee process remain intact for the energy and climate bill -- rather than shifting the debate into Reid's office. "This concept of going through the leader's office is a new concept in the legislative flow chart," Gregg said. Budget Committee ranking member Judd Gregg (R-N.H.), a possible swing vote, said he would prefer the committee process remain intact for the energy and climate bill -- rather than shifting the debate into Reid's office. "This concept of going through the leader's office is a new concept in the legislative flow chart," Gregg said.

Reid's Office - No Decision Made: Reid said Thursday that moving the climate bill is "important," but it was not clear whether he would try to push the measure to the floor without committee markups. Five Senate committees have jurisdiction over portions of the legislation. "He hasn't made a decision yet on that," said Jim Manley, Reid's spokesman. "We'll try and go through regular order and see how much time there is. Deadlines have come and gone. We still want to get it done. We still have a process to go through. Kerry's still working."

Senators Delay Unveiling of Compromise Bill: Senate aides said April 15 that Sens. John Kerry (D-Mass.), Lindsey Graham (R-S.C.), and Joseph Lieberman (I-Conn.) pushed back the unveiling of the bill-originally planned for the week of April 19-in hopes of bringing on board the broadest backing possible from industry and environmental groups. While an outline of the Senate climate and energy bill has been discussed for weeks, many specifics remain in flux, aides said. BNA: Senators Delay Unveiling of Compromise Bill,Work to Garner Broadest Possible Support

Crunch Time For Climate Bill - Climate Change Bill Loses Support - Kerry Hit With Array of Competing Concerns

Roll Call: Climate Change Bill Loses Support - The scant Republican support Speaker Nancy Pelosi (D-Calif.) secured last summer that proved crucial for passage of the House's climate change bill has eroded as the midterm elections draw near - enough so that she likely would be short of votes if the same measure were on the floor today. At least four of the eight GOP Members who voted for the climate change bill in June have since reconsidered their support and said this week that Democrats should not count on them again. Reps. Mike Castle (R-Del.) and Mark Kirk (R-Ill.) - both moderates who are running for open Senate seats - are among those who say they now would oppose the House-passed bill and anything similar to it.

The Hill: Senate climate bill roll-out set for April 26 - Sens. John Kerry (D-Mass.), Lindsey Graham (R-S.C.) and Joe Lieberman (I-Conn.) plan to unveil their long-awaited climate change and energy bill on Monday, April 26, according to sources familiar with the plans. The trio had earlier planned to unveil the measure next week, but the bill remains under development.

The Hill: Kerry, Graham differ on Supreme Court debate's effect on possible climate bill - Sens. Lindsey Graham (R-S.C.) and John Kerry (D-Mass.) offered somewhat different views Monday about whether Senate debate on a Supreme Court nominee could hinder their effort to move climate change legislation. Kerry flatly rejected the notion that Senate consideration of President Obama's upcoming choice to replace retiring Justice John Paul Stevens will affect the bill, which Kerry plans to unveil next week with Graham and Sen. Joe Lieberman (I-Conn.). "We are capable of doing more than one thing at the same time around here," Kerry told reporters as he exited a meeting with Graham and Lieberman in the Capitol Monday evening. "I think the President will pick somebody without a lot of conflict, I am confident, and I think we will do more than one thing," he added.

CQ: Nuclear's Role in Climate Bill Is Unresolved - One week before the anticipated unveiling of a Senate climate change bill, the lead authors still have not agreed on a central provision that would require utilities to generate some of their power from sources that do not emit greenhouse gases. For many Democrats, including President Obama and Energy and Natural Resources Chairman Jeff Bingaman of New Mexico, a cornerstone of a climate and energy policy overhaul is the inclusion of a so-called renewable-electricity standard, which would mandate a significant increase in power produced by wind, solar and geothermal sources.

Transcript of Interview

Stuart Varney, Host of Varney and Co.: Now that gas tax story we left with yesterday. A small, bi-partisan group of Senators is considering up to a 15 cent per gallon extra gas tax as part of a new climate bill. Republican Senator James Inhofe of Oklahoma joins the company to weigh in on that. Senator, thanks so much for joining us.

Senator Inhofe: Hey, Stuart. It's good to be back with you.

Stuart Varney: You too, sir. We know that you don't like this idea, but I put it to you - there's 59 Democrats in the Senate and 1 Republican, Lindsey Graham, who are going to vote for this. Can you beat it?

Senator Inhofe: Oh, yeah, we can. I can assure you of this. What they're trying to do right now is the same thing they did, Stuart, during the government run health care thing on Christmas Eve. Everything behind closed doors, no committee consideration. And quite frankly, this is just another cap-and-trade. You and I have talked about this before, and the numbers of people who are willing to vote for the largest tax increase in the history of America are diminishing the closer you get to an election. So, it's not going to happen. What we're looking at right now, I heard you mention the 15 cent gas tax to support this some kind of cap-and-trade, that just isn't going to happen. Right now, there's an effort to increase the gas tax for roads and highways and bridges - that's what it is really there for. So, that isn't going to happen. But, a Harvard professor did a study, and Stuart you probably saw this, they said if we want to meet the requirements of the Obama Administration - that is a 17% reduction in emissions by 2020 - you better used to $7.00 a gallon for gasoline. That's not going to happen, I assure you.
I'm just thinking that 59 Democrats will be in lock-step on this, plus Lindsey Graham, that's 60 votes in the Senate. But you're saying that you can beat that, you can beat this thing down.

I know we can beat it. Because the issue is not the gas tax increase, it's cap-and-trade. This is another cap-and-trade. We went through the McCain-Lieberman bill of '03, the McCain-Lieberman of '05, the Warner-Lieberman of '08, the Waxman bill...all those, just about the same amount. It would constitute an increase of about 300 billion dollars a year, which is, you know, we're just not going to do it. I can assure you, I don't think they have more than 25 votes on the Democrats' side, and if you throw Lindsey Graham in there that would be 26 votes.

Greenwire reports this morning that the sponsors of a new climate effort in the Senate want to skip the open, transparent committee process and craft a new gas tax behind closed doors. As the story makes clear, their ploy is meeting growing, bipartisan opposition.

Lieberman: In an effort to keep the bill in Reid's hands, the sponsors -- Sens. John Kerry (D-Mass.), Lindsey Graham (R-S.C.) and Joe Lieberman (I-Conn.) won't officially introduce the bill in the Senate when they unveil it to the public next week. "If we introduce it, it'll get referred to committees," Lieberman said. "We want him to be able to work with it and bring it out onto the floor as a leader whenever he's ready."

Bipartisan Opposition:

Sen. Maria Cantwell (D-Wash.): Already, some senators also are raising red flags about the committee process, which they warn may be circumvented if the Kerry-Graham-Lieberman proposal moves directly into Reid's office."These bills need to go through committee," said Sen. Maria Cantwell (D-Wash.). "If you're talking about making major deals on energy policy, it needs to go through the Energy Committee. If you're making major deals on tax policy, it needs to go through the Finance Committee. I mean, if you want to get it done."

Senate Majority Leader Harry Reid (D-Nev.) is set to take charge of new legislation aimed at imposing a national energy tax on all Americans, according to Greenwire, the news service for all things environment (article available on the Senate Republican Environment and Public Works "EPW" Press Blog here.)

Called "cap-and-trade" or "climate change" or "global warming" legislation, the new attempt to place a crippling national tax on America's energy resources is being cobbled together by Sens. John Kerry (D-Mass.), Lindsey Graham (R-S.C.) and Joe Lieberman (I-Conn.). According to the new report, the trio will not formally introduce the bill in the Senate when it's unveiled next week.

Senate Majority Leader Harry Reid (D-Nev.) is about to take over as stage manager in the uphill push to pass comprehensive climate and energy legislation.

Next week, Reid will be handed the reins of the bill to cap greenhouse gas emissions while expanding domestic oil, gas and nuclear power production. His challenge could not be tougher. Along with the climate measure, he must juggle a packed Senate agenda that includes Wall Street reform, a Supreme Court nomination and more economic recovery plans. Reid is also facing perhaps the toughest re-election campaign of his career this fall.

AMBIENT ERROR

Tuesday April 13, 2010

Establishing a national ambient air quality standard (NAAQS) for CO2 is feared possibly more than any other potential greenhouse gas regulation under the Clean Air Act (CAA). A CO2 NAAQS would twist the CAA into knots and spread EPA's regulatory tentacles into every corner of the economy. And according to a recent report, there's no avoiding it.

EPA and some environmental activists say a GHG NAAQS won't happen, because EPA possesses the legal flexibility to avoid it. EPA has discretion, they believe, to craft greenhouse gas (GHG) regulations in the most cost-effective and rational manner. But as Nathan Richardson of Resources for the Future argues in a December 2009 study, EPA "likely lacks much of this claimed flexibility, and will probably be forced by interconnections and statutory triggers built into the CAA to set national ambient air quality standards (NAAQS)" for GHGs.

In "Greenhouse Gas Regulation Under the Clean Air Act: Does Chevron v. EPA Set the EPA Free?," Richardson explains that the "interpretation of CAA language on which the EPA relies for the flexibility it claims" was "explicitly rejected in federal court more than 30 years ago in NRDC v. Train." The legal basis for EPA's belief that "a court would decide the issue differently now...is likely insufficient."