June 2010

Senator Jay Rockefeller (D-WV) is working to gather support for a bill that would prevent EPA's regulation of greenhouse gases (GHGs) for two years.  The purpose of the delay is to give Congress time to develop its own GHG reduction plan.  According to an article this week in the Wall Street Journal, Sen. Rockefeller already has the support of 52 senators.  However, the bill would need 60 votes to overcome a Democratic filibuster and, even if it passed, would most likely be vetoed by President Obama.  Still, the growing division between Senate Democrats on climate issues is bad news for those hoping for climate legislation in the near future. read more

Last week, Senator Lisa Murkowski's (R-AK) "disapproval resolution" regarding EPA's ongoing regulation of greenhouse gases (GHGs) under the Clean Air Act (CAA) was rejected by a vote of 53-47.  Six Democrats joined the Senate's 41 Republicans to make the final vote closer than most observers expected when the resolution was introduced in January.  Sen. Murkowski's supporters believe that the legislature should be responsible for creating a comprehensive GHG-reduction plan and that EPA's program for regulating GHGs will increase energy prices and cost jobs.  Democratic leaders counter that those supporting the resolution have no intention of addressing GHGs legislatively and that their goal is to simply maintain the status quo -- where GHGs are completely unregulated. read more

In a highly unusual procedural decision, the Fifth Circuit recently handed a victory to the defendants in Comer et al. v. Murphy Oil USA et al.  This case, a class action against numerous utilities, oil companies, and chemical companies for damages due to the severity of Hurricane Katrina, was reinstated last October by a panel of three Fifth Circuit judges.  After voting to rehear the case en banc, another judge (in addition to seven who recused themselves initially) recused herself, leaving only eight of the court's 16 judges to hear the case.  In the court's opinion issued on May 28, five of the remaining eight judges concluded that they lacked a quorum required for an en banc rehearing.  However, they also concluded that their prior decision to rehear the case en banc technically vacated the panel's October decision.  So, the District Court's opinion from 2006, dismissing the case for lack of standing under the political question doctrine, is now in effect again. read more

Public Service Company of New Mexico has filed for a $165M two-phase rate increase with the New Mexico Public Regulation Commission.  If approved, the new rates would represent a 21.2% increase on top of a 24% increase customers have already seen since 2007.  The new proceeding before the PRC is in addition to an already ongoing case that involves solar and other renewable energy initiatives designed to increase PNM's renewable energy portfolio.  The rate increase will be based upon the projected cost of service for 2011 and not on the actual cost of service of a historical (past) year. A decision is not expected until early 2011, at which time the Commission will have at least three new Commissioners. read more

We blogged here about Sen. Murkowski's (R-AK) resolution of disapproval of the EPA's greenhouse gas endangerment finding, which provides the legal basis for the agency's recently promulgated "tailoring rule" for stationary source emissions and its light-duty vehicle emissions rule.  On Thursday, June 10, the Senate will vote on the disapproval resolution.  Per a unanimous consent agreement between Sen. Murkowski and Majority Leader Harry Reid (D-NV), the Senate is slated to debate the resolution for ten hours, with no filibusters or amendments allowed.  Sen. Murkowski has secured forty-one co-sponsors for the resolution, including Democrats Sen. Mary Landrieu (D-LA), Sen. Blanche Lincoln (D-AR), and Sen. Ben Nelson (D-NE), but it is not clear whether she will be able to garner the additional ten votes needed for passage. read more