Weekly Climate Change Policy Update - May 10, 2010

Profession:Van Ness Feldman

Article by Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin Gallagher, Megan Ceronsky and Tomás Carbonell

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Sens. Kerry and Lieberman announced that they would roll out the Kerry-Graham-Lieberman bill on May 12 accompanied by CEOs from a number of major companies . . . In a press release issued the same day, Sen. Graham re-affirmed his support for the ideas in the bill, but called for a "pause" in the process, stating: "I believe there could be more than 60 votes for this bipartisan concept in the future. But there are not nearly 60 votes today and I do not see them materializing until we deal with the uncertainty of the immigration debate and the consequences of the oil spill." . . . Carol Browner, Director of the White House Office of Climate Change and Energy Policy, said that the spill could be a driver for climate/energy legislation . . . Sens. Nelson, Lautenberg, and Rockefeller expressed concerns about any bill with provisions for expanded drilling.   

Executive Branch

EPA Sends Additional Reporting Rule Supplements to OMB.  Two months after the Environmental Protection Agency (EPA) proposed to expand its rule for Mandatory Reporting of Greenhouse Gases to the oil and gas sector, carbon dioxide injection facilities, and fluorinated gas sources, the agency has submitted a separate final rule to the White House Office of Management and Budget (OMB) that would expand the reporting rule to new sectors.  The new rules would require greenhouse gas reporting from industrial landfills, wastewater treatment facilities, underground coal mines, and magnesium production facilities.  EPA's submission to OMB suggests that the new rules are close to being publicly released.  EPA included these sectors in the reporting rule when the rule was initially proposed in March 2009; however, the agency refrained from finalizing these provisions in order to further consider public comments.  According to EPA, the agency determined that it would be appropriate to issue the reporting rules for these sectors in final form, rather than re-propose them.  In a related development, EPA also withdrew a direct final rule issued March 16 that would have implemented minor technical revisions to the general provisions of the reporting rule.  EPA cited industry opposition to the changes in explaining its decision to withdraw this direct final rule. EPA and USDA Sign Interagency Agreement to Promote GHG Reduction on Farms.  EPA and the U.S. Department of Agriculture (USDA) announced an interagency partnership to promote methane capture and biogas energy projects at livestock operations around the country.  Under the agreement, the agencies would provide $3.9 million over the next five years to provide technical assistance, improve technical standards and guidance for biogas recovery, and assist...

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