Sen. Lisa Murkowski (R-AK) is “leaning” toward offering a “disapproval resolution” Thursday to block the Environmental Protection Agency’s (EPA) efforts to regulate greenhouse gas (GHG) emissions under the Clean Air Act (CAA), the senator’s spokesman said.

She has asked for floor time Thursday at noon (EST). The resolution of disapproval is a rarely used instrument by Congress. It has been attempted only twice — once successfully. EPA regulation of GHG emissions could effectively be negated if Murkowski offers the disapproval resolution and it is ratified (see Daily GPI, Jan. 14).

Sen. Mary Landrieu (D-LA), a proponent of oil and natural gas producers, has said she supports Murkowski’s effort and has had many conversations with her about it. “But whether or not it will result in a cosponsorship, I don’t know,” said Murkowski spokesman Robert Dillon.

“There is a small, but growing, possibility that Congress will approve [a measure] that would delay EPA regulation of greenhouse gases. While it is unlikely that Democrats would give up this stick to motivate congressional action on climate, the increasing concern sparked by the Massachusetts backlash and ongoing economic concerns make this an increasingly viable option,” said FBR Research analysts.

The disapproval resolution would only require 51 votes to pass the Senate, but it is much less likely to receive a favorable vote in the House where leaders are strong supporters of GHG regulations.

As an alternative to the “disapproval resolution,” Murkowski also is considering offering an amendment to unrelated legislation on the debt limit to forestall the EPA’s efforts to regulate GHG emissions under the CAA. She hasn’t made up her mind yet on the two options, but she said she is “leaning” toward the disapproval resolution, said Dillon.

In September Senate Democrats blocked a similar Murkowski amendment to a spending bill that would have postponed for one year the EPA’s regulations for GHG emissions from stationary sources to give Congress additional time to work on climate change legislation (see Daily GPI, Sept. 25, 2009).

Murkowski stepped up her efforts following the EPA’s December endangerment finding, which she and other Senate Republicans believe set the stage for the agency to more stringently regulate emissions even if Congress fails to enact climate change legislation. In December the EPA found that carbon dioxide and GHG emissions pose a danger to the public’s health and welfare (see Daily GPI, Dec. 8, 2009).

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