When we last left Washington's attempt at climate and energy legislation this summer, the House of Representatives had narrowly passed its bill, but the Senate's crashed and burned. With the dust settling from from Tuesday's midterm elections and Republicans preparing to assume majority in the House, what's next? Congressional gridlock Yesterday President Obama conceded that legislation to limit greenhouse gas emissions is not going to happen under the incoming Congress.
"Cap-and-trade was just one way of skinning the cat; it was not the only way," Obama said at a news conference Wednesday, a day after Democrats lost control of the House. "I'm going to be looking for other means to address this problem." [AP]
Cap-and-trade had been part of of the bill that the outgoing House passed this summer. But, AP reports, 30 representatives who supported the bill were among the dozens voted out of office on Tuesday. EPA Obama didn't clarify what he meant by "other means to address this problem," but one option that's been on the table—and subject to controversy—is using the Environmental Protection Agency to regulate greenhouse gases. The Supreme Court case Massachusetts v. EPA upheld the agency's authority in this arena back in 2007. However, using the EPA is less than ideal for a number of reasons: Its leadership changes from administration to administration, making climate rules potentially temporary and likely to change when a new party gains control of the White House. And it bypasses Congress, which doesn't make Congress happy.