Energy & Environment Update - November 2015 #2

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Energy and Climate Debate -

Despite the House being in recess for the Veterans Day holiday, bicameral negotiations on an omnibus appropriations package continue this week. Congress must come to an agreement on the 12 spending bills by December 11, and though appropriators are trying to get the package ready as soon as possible, sorting out specific allocations and negotiating riders, as well as taking into account the Thanksgiving holiday recess, means that finalization of the $80 billion omnibus is not truly expected until the week of December 7. The Senate has a number of other issues on its agenda this week, including long-term highway funding (H.R. 22), for which it is naming conferees to negotiate differences in the first multi-year highway authorization law since 2012, defense authorization, nominations, and several hearings. Among other energy provisions from House energy legislation (H.R. 8), the House adopted an amendment from Representative Fred Upton (R-MI) to the Highway Bill that would waive environmental regulations if a power plant were ordered to operate during an emergency. As expected, the House is planning to address energy issues, including H.R. 8, portions of which were adopted as an amendment to the highway bill, on the floor the week of November 30. Additionally, Senate Environment and Public Works Committee Chair James Inhofe (R-OK) said late last week that the upper chamber will vote prior to the global climate negotiations in Paris on measures (S.J. Res. 23 and S.J. Res. 24) disapproving the Environmental Protection Agency’s power plant rules, both of which have companion resolutions in the House.

Off the floor, Representative Paul Ryan’s (R-WI) elevation to the speakership left a vacancy at the helm of the House Ways and Means Committee, with Representatives Kevin Brady (R-TX) and Pat Tiberi (R-OH) jockeying for the chairmanship. Last week, the House selected Representatives Brady to chair the committee, and he has indicated that he, like Senate Finance Committee Chair Orrin Hatch (R-UT), plans to prioritize permanent extensions for select tax provisions. A number of options remain on the table for tax extenders, including one- or two-year renewals. Negotiations continue in both chambers on a best path forward for any possible end of the year package, which may include tax extenders, the lifting of the 40-year old crude oil export ban, and more.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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