Appeals Court Reverses Decision Vacating Clean Air Interstate Rule, Remands to EPA

A federal appeals court reversed its decision vacating an emissions trading rule for power plants on December 23, remanding it to the U.S. Environmental Protection Agency (EPA) for correction (North Carolina v. EPA, D.C. Cir., No. 05-1244, rule remanded 12/23/08).

The U.S. Court of Appeals for the District of Columbia Circuit reversed its July 11 decision vacating the Clean Air Interstate Rule (CAIR) after the lawsuit's plaintiffs, including North Carolina and Duke Energy, as well as EPA, asked that the decision be overturned and the rule remanded for correction. The court did not set a deadline for EPA to issue its correction, a task that will be handled by the incoming Obama administration. CAIR  will remain in effect until the new rule is promulgated.

Contact: Andy O’Hare.

Green Energy Said to Be Among Priorities for Senate Democrats in New Congress

On January 7, Senate Majority Leader Harry Reid (D-Nev.) outlined the Democrats' legislative priorities, indicating a bill to promote “green” energy solutions will be among the first pieces of legislation to be addressed in the 111th Congress. The “green” energy solutions bill is numbered S. 5.

The highest priority for Republicans and Democrats is enactment of an economic stimulus package, according to Reid and Senate Minority Leader Mitch McConnell (R-Ky.). Other priority bills on the Democratic side include measures to provide comprehensive health care reform and border and immigration issues

Contact: Deidra Ciriello

Raise the Gas Tax?

This week the National Commission on Surface Transportation Infrastructure Financing is expected to call for the raising of the federal gas tax, possibly by as much as 10 cents per gallon.  The National Surface Transportation Policy and Revenue Study Commission made a similar recommendation earlier last year of a 40 cents per gallon increase over five years.  The current gas tax is 14.1 cents per gallon, unchanged since 1993. 

However, like with the first proposal, it does not appear that Congress would be receptive to any gas tax increase.  The House Speaker Nancy Pelosi (D-Calif.) declined to comment and Sen. Christopher “Kit” Bond (R-Mo.) said “now is too risky a time to be talking about a tax increase on family budgets, and a gas tax increase would do just that.”

Contact: John Sullivan

When Congress adjourned last fall only three FY 2009 appropriation bills were passed and signed into law— the Department of Defense Appropriations Act 2009, the Department of Homeland Security Appropriations Act 2009, and the Military Construction and Veterans Affairs Appropriations Act 2009.  The remaining federal agencies were funded until March 6, 2009, through a Continuing Resolution. 

This past Wednesday House Majority Leader Steny Hoyer (D-Md.) stated that Congress would be looking into a FY 2009 omnibus spending bill that would fund the rest of the federal government until September 30, 2009.  Hoyer said both houses of Congress are in agreement on an omnibus spending bill.  However there had been no discussions on the details of the bill.

Contact: John Sullivan

Poll: Americans Support Increased Infrastructure Investment

On Thursday, the coalition Building America’s Future, released the results of a poll conducted by Maslansky Strategic Research. The poll, which focused on American’s views on infrastructure and how to pay for it, found that regardless of political affiliation American’s want an increased investment in infrastructure and are willing to pay for it, but only as long as it incorporates an element of accountability.

The poll, which was conducted on December 22, 2008, and surveyed 800 registered voters, shows that roughly 94% of Americans are worried about the nation’s infrastructure, 81% of Americans are willing to pay 1% more in taxes to rebuild it, and Americans' biggest priority is establishing and upholding accountability throughout the process. Also of note, those surveyed view infrastructure to not just mean roads and bridges, but also schools and energy and water infrastructure.

Governor Arnold Schwarzenegger (R-Calif.), a member of the coalition stated, “[Americans] want the federal government to smartly invest in our nation’s infrastructure. Now is the perfect time to put money into public-works projects because it will help create jobs while pumping up our economy. It's like hitting two homeruns with one swing. This poll confirms that infrastructure is a priority to all Americans, and that they are willing to invest in their own quality of life.”

Please click here for more in-depth results from the poll.

Contact Kevin Walgenbach.

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