January 7, 2020

 According to E&E News:

“Corporate advisers are preparing their clients for a strong clean energy push by the incoming Biden administration after Democrats won two runoff elections in Georgia to reclaim the Senate. When President-elect Joe Biden and the new Congress are sworn in, Democrats will have 50 seats in the Senate and a tiebreaking vote in the White House, along with Speaker Nancy Pelosi (D-Calif.) running the House.

“Policy analysts and corporate lobbyists say Biden could use that unified power to boost federal spending on clean energy, slash tax breaks that support fossil fuels and strike down eleventh-hour environmental rollbacks by the Trump White House. The advisers said Biden could go so far as to bypass Congress in an effort to implement some form of a price on carbon emissions. Yet much of this will hinge on process, including both limits on how Congress can act in response to Trump’s final actions and the rules around executive power.

“The Congressional Review Act (CRA), for example, allows Congress to kill rules issued within 60 ‘legislative days’ of the end of an administration — a timeline that stretches back to around the middle of last May. Scott Segal, a partner at the law and lobbying firm Bracewell LLP, said in a note to Washington reporters that Democratic control of the Senate could make the CRA an attractive way to address late Trump rules that cut against Biden’s views on climate policy and energy. Segal is registered to lobby for a more than a dozen fossil fuel-reliant companies. But using the CRA comes with risks for Democrats, political and policy analysts emphasized. The law ‘prohibits agencies from reissuing rules that Congress has rescinded, and it also bars agencies from [issuing] rules that are ‘substantially the same,’’ ClearView Energy Partners said in a Jan. 5 note to clients.” [E&E News, 1/7/21

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