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Senate Rejects Resolution to Block EPA from Using Clean Air Act to Stop Construction Projects

The U.S. Senate rejected 47 to 53 a motion to proceed to a resolution that would block the U.S. Environmental Protection Agency (EPA) from regulating greenhouse gases under the Clean Air Act.  Six Democrats joined their Republican colleagues in support of the motion. S. J. Res. 26 was introduced by Senator Lisa Murkowski (R-Alaska) in response to EPA's effort to regulate greenhouse gases from motor vehicles that then trigger requirements for emission controls from all other sources, including commercial buildings, industrial facilities, and more.    Senators debated over six hours on the resolution with opponents asserting that a vote for the resolution is a vote undermining the science behind climate change and EPA's finding that greenhouse gas emissions endanger public health and the environment, as well as EPA's recent rule to establish motor vehicle fuel economy standards.  Several Senators speaking against the resolution also argued that the resolution is a step backwards in reducing pollution and the country's dependence on oil, and creating "clean energy" jobs envisioned under a carbon constrained economy. AGC is concerned that the Clean Air Act is the wrong tool to regulate greenhouse gas emissions and that to allow EPA to move forward with that approach would delay or stop construction projects nationwide.  AGC sent a letter to all Senators to urge them to support the Murkowski resolution.  EPA regulation under the Clean Air Act means more pre-construction permits, operating permits and costly technology control installation requirements for building projects, and puts approval and federal funding for highway and bridge projects at risk.  It also means higher energy costs for businesses and consumers that will affect demand for construction services nationwide, especially in a down economy.  The Senate may vote on additional attempts to limit EPA's authority to regulate greenhouse gas emissions.  As an inducement for Democrats to vote against the motion, Senate leaders offered a vote on a proposal to delay EPA regulations by two years.  In addition, efforts may be made to amend EPA's annual spending bill.  Should any future effort pass the Senate, the president would likely threaten any attempt to limit the EPA's authority over this issue in the absence of broader climate change legislation to regulate U.S. greenhouse gas emissions.  To see how your Senator voted on the motion to proceed to S.J.Res. 26, click here.