U.S. Legislative Issues

 
On February 17, 2017, the Senate voted 52-46 to confirm Oklahoma Attorney General Scott Pruitt to lead the U.S. Environmental Protection Agency (EPA). The vote followed a marathon all-night session in which Democrats held the Senate floor in a failed attempt to oppose his nomination. Two Democratic senators, Joe Manchin of West Virginia and Heidi Heitkamp of North Dakota, voted to confirm Pruitt. Susan Collins of Maine was the sole Republican to oppose the nominee.  

Many predict Pruitt’s tenure at the agency to be a contentious one. As Oklahoma Attorney General, Pruitt made a name for himself by leading at least 14 lawsuits against EPA regulations. In his confirmation hearings, however, Pruitt stressed that he intends to "return the agency to its central mission of protecting the quality of the nation’s air and water while respecting the role of states as primary enforcers of environmental laws."

It remains to be seen how far Pruitt will go to reshape the nation’s environmental policies. It is almost certain though that any efforts to limit the EPA’s reach will face significant obstacles by way of legal constraints and pushback from career staff.
 
 
 
On January 12, 2017, the U.S. Environmental Protection Agency (EPA) issued its Final Determination for light-duty Model Year (MY) 2022-2025 vehicle greenhouse gas (GHG) standards, opting to maintain the current standards. Automakers criticized the ruling as political, premature and unfair, arguing that it was issued more than a year before the previously agreed upon deadline. The industry also took issue with the fact that the standards were not released in tandem with the National Highway Traffic Safety Administration (NHTSA), as was previously agreed upon. NHTSA, currently working on its portion of the review, has until April 2018 to decide if the MY 2022–2025 GHG emissions standards are achievable or whether they need to be changed.

Following up on a letter sent earlier this month by 18 auto executives to the Trump administration, the Alliance of Automobile Manufacturers sent a similar letter on February 21 to EPA Administrator Scott Pruitt, requesting that the Final Determination be set aside to allow for the midterm review process to be conducted as originally envisioned in the 2012 rulemaking. "A data-driven midterm review process that evaluates the most up-to-date analyses is necessary to arrive at the maximum feasible fuel economy/GHG standards that appropriately balance environmental progress, safety, affordability, and jobs," said the Alliance in its letter.

Automakers agreed to the 2025 efficiency rules in 2012 as part of a landmark deal brokered by the Obama administration to boost fuel economy by 2025. The deal aligned GHG limits set by the EPA and California’s Air Resources Board (CARB) with fuel economy regulations governed by NHTSA. To solidify buy-in from the auto industry, the Obama administration agreed to a midterm evaluation to re-evaluate the economic and technological feasibility of meeting or exceeding the fuel efficiency standards for passenger cars and light trucks.

 
Despite recent reports that President Trump and Congressional Republican leadership might postpone consideration of a major infrastructure investment package until next year, rank and file members appear determined to keep the conversation alive. To that end, the Senate Commerce, Science, and Transportation Committee has scheduled a comprehensive hearing on the topic for March 1, entitled, "Connecting America: Improving Access to Infrastructure for Communities across the Country."

"With a national discussion on federal infrastructure investment underway, it's worth remembering that many Americans live far away from the highest-ticket projects their tax dollars are asked to fund," Committee Chairman John Thune (R-SD) said. "This hearing will look at how wise infrastructure investment decisions can ensure that all Americans benefit from improvements to national transportation and digital networks."  

Hearing witnesses will include South Dakota Gov. Dennis Daugaard (R), Utah Transportation Department Executive Director Carlos Braceras, and Rural Broadband Association Chief Executive Officer Shirley Bloomfield.