DC Hill Update 1/25: Washington Regroups

2010 is proving to be a turbulent year, filled with new challenges. Last week climate advocates across the country rallied to defend the Clean Air Act in the wake of disappointing election results from Massachusetts and a Supreme Court ruling that could unleash an unprecedented wave of corporate cash into the November elections. While addressing climate is still a top priority for many senators this spring, it is unclear where it will fit in amidst the fickle election year schedule.

1. Murkowski's Assault on the Clean Air Act

Last Thursday, Senator Lisa Murkowski (R-AK) introduced a "resolution of disapproval” (S.J. Res. 26) aimed at blocking the Clean Air Act from regulating big polluters. This attack on the Clean Air Act would put public health at risk and jeopardize long-overdue action to hold the biggest polluters accountable, reduce America’s oil dependence, and jump-start a vibrant clean energy economy.

Murkowski's "Dirty Air Act" is an extreme attack on the science of global warming, and on one of the most foundational pieces environmental legislation. It is also clearly a politically motivated effort to divide supporters of climate legislation.

39 senators are listed as co-sponsors of Murkowski's resolution, including 3 Democrats: Blanche Lincoln (D-AR), Mary Landrieu (D-LA), and Ben Nelson (D-NE). Maine Republicans Olympia Snowe and Susan Collins did not join Murkowski in her efforts to gut the Clean Air Act. 1Sky drove calls into those offices last week expressing disapproval of the move and continue with a VOTE NO on Murkowski call-in and email/fax campaign.

A number of other Democrats have also expressed some support for Murkowski's effort (subs. req'd) to block the Clean Air Act, and are considering signing on. These include Senators Jim Webb (D-VA) and Byron Dorgan (D-ND), among others.

Murkowski's motion is filed under the rather obscure "Congressional Review Act." It only requires a simple majority to pass the Senate, but it must also be approved by the House and signed by the President in order to become law. Given procedural rules, it won't be forced to a vote for another few months. Earlier in the week Murkowski was planning a slightly different approach, which would require 60 votes, and would be voted on right away as an amendment to the debt ceiling bill. Arguably, the grassroots pressure brought to bear by 1Sky and many other outraged groups made it politically difficult for her to force a vote on such extreme measures this week.

Murkowski has been working with big polluters and their lobbyists to write this resolution. The Anchorage Daily News has picked up on Murkowski's connections to out-of-state polluters and their massive campaign contributions:

According to research by Citizens for Responsibility and Ethics in Washington (CREW), Sen. Murkowski has received at least $126,500 from the clients, clients' employees, and the lobbying firm that employs [the lobbyist who helped write her "Dirty Air Act"] since 2004. Overall, electric utilities are Sen. Murkowski's biggest corporate campaign contributors, adding $244,000 to her election efforts since 2005. During the current 2009-2010 election cycle, Sen. Murkowski has received more electric utility money than any other lawmaker.

Several pro-climate senators are aggressively defending the Clean Air Act:

• Speaking on the Senate floor, Senator Barbara Boxer (D-CA) called Murkowski’s effort a "direct assault on the health of the American people."
• Senator Jeff Merkley (D-OR) asserted that "This resolution is a return to that polluter-first approach that even President Nixon found intolerable."
• Speaking out of concern for her constituents in New York, Senator Kirsten Gillibrand (D-NY) released a statement claiming that, "this amendment stands for more air pollution in our communities, more acid rain devastating natural resources like the Adirondacks, ever-increasing asthma rates for our children, and a failure to take action when action is long overdue."

2. The Massachusetts Senate Election

Republican Scott Brown upset Democratic candidate Martha Coakley in last week's special Massachusetts election to fill the Senate seat vacated by the late Edward "Ted" Kennedy, breaking the Democrats' filibuster-proof 60-vote majority.

On climate, Brown has a mixed record. As a Massachusetts senator he voted in favor of joining the Regional Greenhouse Gas Initiative, but in his campaign for U.S. Senate, he distanced himself from the vote, and vowed to "oppose a national cap" on carbon.

At one point Brown even questioned the science of climate change: "It's interesting. I think the globe is always heating and cooling,'' he said. "It's a natural way of ebb and flow."

At 1Sky, we have long known that passing a strong climate bill would require bipartisan support, even with a super-majority in the Senate, so Brown's election may not be as much of a game-changer for climate as it is for other issues. Here's more on this from 1Sky Campaign Director Gillian Caldwell.

3. Status of the Climate Bill

Climate champion Senator John Kerry (D-MA) and leaders in the administration remain committed to working on a bill that will limit carbon emissions this year.

Kerry:

The political atmosphere doesn't reduce the urgency of dealing with climate and energy, and the surest way to increase the anger at Washington is to duck the issues that matter in peoples' lives. There's overwhelming public support and this can be a bipartisan issue," Kerry added. "It doesn't have to be polarized. Just listen to a conservative like Senator [Lindsey] Graham or business leaders from across the ideological spectrum. This is the single best opportunity we have for energizing the economy, creating jobs and getting cleaner air, and if you sell those arguments you've got a winning issue.

"There continues to be very strong support among a range of legislators for comprehensive climate legislation that includes cap and trade," said Gary Guzy, deputy director of President Obama's Council on Environmental Quality.

Meanwhile, Senators Diane Feinstein (D-CA), Robert Casey (D-PA), and Carl Levin (D-MI), have expressed doubts about the prospects of passing a climate bill this year. 1Sky drove a call-in campaign to Feinstein’s office last week in response.

Other senators are voicing significant support for the CLEAR Act (subs. req'd) co-sponsored by Senators Maria Cantwell (D-WA) and Susan Collins (R-ME).

Senator Lindsey Graham (R-SC), who is working with Senators Joe Lieberman (I-CT) and Kerry to forge a legislative compromise on climate change, said he believes that what will ultimately emerge from the Senate will be a combination of both the "cap and trade" approach used in Kerry-Boxer, and the CLEAR Act.

Senator Jeff Bingaman (D-NM), Chairman of the Senate Energy and Natural Resources Committee, and Senator Lisa "Dirty Air Act" Murkowski (R-AK) have also voiced support for a bill that more closely resembles Cantwell-Collins.

1Sky is glad to see increased support for the CLEAR Act, which eliminates unreliable carbon offsets and giveaways to Big Oil and Dirty Coal. Unfortunately, Cantwell-Collins proposes very unambitious carbon reductions in the short-term -- a problem that must be fixed in order to maximize the creation of clean energy jobs and secure a strong global climate deal.

4. Supreme Court Ruling Opens the Floodgates on Dirty Cash

The Supreme Court ruled Thursday 5-4 to overturn a a law on campaign finance restrictions, leaving corporations free to spend an unlimited amount of money on campaign advertising. 1Sky Campaign Director Gillian Caldwell reacted quickly.

This decision is a huge handout to Big Oil and Dirty Coal that will allow companies like ExxonMobil to pour even more money into fighting against senators who stand up for clean energy and a safe climate.

Many on the Hill are angered by this decision. Rep. Chris Van Hollen (D-MD) called it "un-American" and Senator Chuck Schumer (D-NY) is planning to hold Senate hearings on the decision in the next few weeks. Senate GOP Leader Mitch McConnell (R-KY) expressed support for the new decision, claiming it guarantees "free speech" to corporations that had previously been restrained by campaign finance law.

5. Where Does Heath Care Stand Now?

Senator-elect Scott Brown's victory in Massachusetts secures the 41st vote needed to filibuster the final health care bill, originally passed by the Senate in December. President Obama has noted that his health care plans have run into “a little bit of a buzz saw." Nonetheless, the President is promising to find a path forward, despite the challenge of losing a crucial vote in the Senate.

Several Senate Democrats who have been deeply involved in the health care fight – including Senators Max Baucus (D-MT) and Schumer – continue to insist that they will send a bill to President Obama's desk in the coming months.

6. State of the Union Address this Wednesday

President Obama will deliver his annual State of the Union address on Wednesday evening. He is expected to discuss jobs, the economy, health care, and the war in Afghanistan. 1Sky will be looking for him to discuss administration's climate and clean energy goals are for 2010.

Virginia Governor Robert McDonnell will deliver the Republican response.

Prepared by Jason Kowalski and Julie Erickson from 1Sky’s policy team. Please direct questions or comments to jason@1sky.org.