In the wake of the U.S. House of Representatives' passage of legislation to approve the long-stalled Keystone XL pipeline, the Senate now stands poised to take up the measure beginning this week, opening the door to other key energy issues. Legislation similar to the House-passed measure was recently approved by the Senate Energy & Natural Resources Committee and has the necessary support to avoid a filibuster. The Keystone legislation has drawn a veto threat from the President; however, a number of Democrats are expected to support the measure, so a veto-proof majority is at least possible on the bill.

The Senate Majority Leadership has pledged to consider the legislation under an open amendment process, providing ample opportunity for the body to consider a number of other energy and environment related issues. This will be the first time since 2007 that the U.S. Senate will debate a broad energy bill on the Senate floor, which means that any issue could be considered and voted upon. Among the amendments expected to be filed are the following democratic amendments:

• Schumer/Stabenow Amendment to prevent the export of oil transported through the Keystone XL pipeline
• Schumer/Stabenow amendment requiring the use of U.S. materials for the construction of the Keystone XL pipeline
• Schumer/Stabenow amendment to expand clean energy jobs and boost heating oil assistance for low-income consumers, particularly in the veteran and senior communities
• Schumer/Stabenow amendment to prohibit states from allowing the use of eminent domain for projects proposed by foreign companies
• Sanders amendment acknowledging humans' impact on climate change and encouraging a transition away from fossil fuels

In addition, the Senate is expected to consider an amendment sponsored by Sens. Portman and Shaheen to insert a modified version of their Energy Savings and Industrial Competitiveness Act (which passed the U.S. House last Congress) into the bill. The amendment has broad support and will likely be among the first to be considered.

Many more amendments are expected to be filed and considered, and the expectation is that the Senate may debate the bill and amendments for two to three weeks. Given the potential for any number of issues to be raised through the amendment process, it will be important for potentially impacted industries and companies to pay close attention to this effort. For more information on the ongoing energy debate in Congress and the latest on amendments that have been filed and are being scheduled for consideration, please contact Andrew Wheeler or Andy Ehrlich.