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House GOP targets Biden power plant climate rule

This article was originally published by E&E News.

By Kelsey Brugger

Republicans on the Energy and Commerce Committee are looking to roll back a Biden administration plan that regulates emissions from coal and gas power plants.

Rep. Troy Balderson (R-Ohio) last week introduced legislation, H.R. 1651, which would repeal the EPA rule for existing coal-fired generators and new gas-fired plants.

Numerous subcommittee chairs on E&C joined Balderson in co-sponsoring the legislation. In a release, Balderson said the rule "imposes impossible-to-meet emissions requirements."

“Forcing the premature retirement of our most reliable power plants is exceptionally shortsighted when it comes to addressing the long-term reliability of our electric grid,” he said. “Ohio and the rest of the nation are in the middle of a historic surge in power demand.”

The Biden regulation requires that existing coal plants significantly cut their emissions using carbon capture technology. Critics say that technology is too costly.

The Trump administration will likely attempt to roll it back, but the process may take months and be subject to litigation from environmental groups.

In February, EPA Administrator Lee Zeldin asked the U.S. Court of Appeals for the District of Columbia Circuit to freeze proceedings in a case brought by West Virginia challenging the rule.

The administration sought similar freezes on other EPA Clean Air Act cases. The move is typical for a new administration as it decides how to proceed with existing legal challenges.

The bill from Balderson comes as Republicans in both chambers have unleashed efforts to kill several Biden environmental regulations using the Congressional Review Act.

Under the CRA, resolutions can pass the House and Senate by simple majorities. This week, House leaders teed up votes on three energy-related rules. The Senate is moving forward with a resolution this week against a Biden financial rule.
Because the Biden administration finalized the power plant regulation last May, it falls outside the CRA window for quick repeal by simple majority.

While the new bill could pass the House without any Democratic votes, it seems all but certain to die in the Senate, where seven Democratic votes would likely be needed to pass it.

The measure comes as the Trump administration has sought to reverse a 2009 declaration that greenhouse gases endanger human health and welfare. The “endangerment finding,” as it is known, underpins many federal climate actions — including the EPA power plant rule.

Joining Balderson on the House bill are Reps. Bob Latta (R-Ohio), chair of the Energy and Commerce Subcommittee on Energy; Morgan Griffith (R-Va.), chair of the Subcommittee on Environment; Gary Palmer (R-Ala.), chair of the Subcommittee on Oversight and Investigations; and August Pfuger (R-Texas).

Pfluger, chair of the Republican Study Committee, a caucus of conservatives, said that the power plant rule is “one of the most reckless regulations stemming from the Biden administration’s war on energy.”

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