“Working For The Same Boss”: The Coal Industry Is Imploding. Why Is it Still So Powerful in Washington?
As its battle against the Obama administration’s Clean Power Plan intensifies, Big Coal is getting a lot of help from friends in high places.
Leading the rush to the industry’s defense is Senate majority leader Mitch McConnell, who has launched an underhanded campaign to undermine the Environmental Protection Agency’s new rules for greenhouse gases from power plants. In a March 3 op-ed, McConnell suggested that states should refuse to submit a state plan for lowering emissions. A few weeks later he sent a letter directly to every governor in the country, warning that developing such a plan would allow “the EPA to wrest control of a state’s energy policy.”
To further encourage states to opt out of the rules, McConnell and co-sponsors Rob Portman, Roy Blunt, Tom Cotton and Orrin Hatch put forth an amendment to a budget resolution on Wednesday that would allow a state’s governor or legislature to duck the EPA’s authority if they determined that adopting a plan to reduce emissions would hurt their state. (A similar measure is pending in the House.) In order to opt out, according to David Doniger of the National Resources Defense Council, all a state would need to do is “to declare that meeting carbon standards would cost the polluters money.”
McConnell’s bases his appeal to the states on the claim that the regulations are “probably” illegal. In this argument he is is backed by “iconic liberal constitutional scholar Laurence Tribe,” who, McConnell practically crows, “was President Obama’s constitutional law professor at Harvard Law School.” In recent months Tribe has been busy writing legal briefs and op-eds and trotting himself out before the House Energy and Commerce Committee to make that case that the EPA’s attempt to regulate greenhouse gases under the Clean Air Act is an egregious act of overreach akin to “burning the Constitution.” Tribe goes well beyond questions of legality, however, as Jonathan Chait points out, defending coal as a time-honored home-dug alternative to foreign oil.
Tribe’s starring role in McConnell’s circus is unexpected, but it’s not hard to explain: They’re working for the same boss. Tribe was hired to assail the Clean Energy Plan by Peabody Energy, the nation’s largest coal producer—and also the fourth-largest contributor to McConnell over the course of his career, according to The New York Times.
There isn’t enough support in the Senate to override the inevitable veto of any legislation that undermines the power plant rules. That’s why McConnell is appealing directly to the states. A dozen have already sued to stop the regulations, and it’s these legal challenges that have the most potential to cripple, or at least slow down, the plan’s implementation. The coal industry and nineteen states are also using lawsuits to try to wriggle out of new limits on mercury, arsenic and other toxic emissions; the Supreme Court heard arguments against that rule on Wednesday.
All of this suggests that Big Coal’s star is as bright as ever in Washington. The persistence of its political influence looks increasingly odd, however, when held against the fact that coal industry is imploding. The global market research firm Macquarie Research warned investors on Monday that the future for US coal companies is “increasingly bleak,” and the sector is likely to see “a wave of bankruptcies.” A report released Tuesday by the London-based Carbon Tracker Initiative found that more than two dozen coal companies have recently gone bankrupt. Between 2005 and 2010 coal lost more than 10 percent of its market share in US power generation. Meanwhile, China continues its efforts to kick its own coal habit: This week officials announced that they will shut the last coal-fired power plant in Beijing in 2016. “This is an industry in crisis,” writes Ross McCracken of Platts Energy Economist. “Now it faces a slow King Canute style defeat.”
Why are coal companies having such a hard time? One reason is that it’s becoming too expensiveto mine coal for profit in some areas, now that the easy-to-reach reserves in Appalachia (if you consider blowing the top off a mountain easy) are tapped out. The costs of shipping coal are going up, while renewable energy is increasingly affordable. The Carbon Tracker report does point to EPA regulations, particularly on Mercury, as one of the significant challenges to the industry. But even more important is the 80 percent drop since 2008 in the price of natural gas. Coal just can’t compete anymore. “What is also striking is that these factors were not driven explicitly by carbon or climate considerations,” the report continues. “Without a global climate deal or a federal carbon price, US coal is already down for the count.”
Meanwhile the economy is growing (if horrifically unequally), indicating that coal isn’t nearly as relevant as the debate about the power plant rules would suggest. Giants like Peabody still have enough money to net powerful lackeys like Tribe. But at most McConnell’s campaign would amount to corporate life support, perhaps enough to keep Peabody alive. It’s certainly no plan to lift up the struggling coal regions he claims to be fighting for. McConnell isn’t fighting the “war on coal” just for Peabody’s sake, however. As a narrative through which to filter broader resistance to any challenge to corporate power made in the public interest, that “war” is far too useful to give up.
By: Zoe Carpenter, The Nation, March 25, 2015
“The Dysfunctional GOP Is Failing To Govern”: It Is Safe To Say Republicans Have No Earthly Idea Of What They Want To Accomplish
It was only January when Republicans took full control of Congress, but already it is safe to say they have no earthly idea of what they want to accomplish.
What we’re seeing is not just a bit of sputtering before the GOP machine cranks up and begins to systematically fulfill its governing plan. There is no plan. Republican majorities in both the House and Senate are so out of control that they’ve managed a feat once thought impossible: They make the Democratic Party look like a model of unity and discipline.
House Speaker John Boehner (Ohio) has never really been in charge of his caucus. But Senate Majority Leader Mitch McConnell (Ky.) was supposed to be a masterful orchestrator, a consummate dealmaker, a skillful herder of cats. So far, he is looking, well, kind of Boehneresque.
McConnell should be deeply embarrassed that a mere freshman, Sen. Tom Cotton (R-Ark.) could invite widespread ridicule by convincing 46 of his colleagues (including McConnell himself) to sign a dangerously inappropriate letter to the leaders of the Islamic Republic of Iran. At once bellicose and patronizing, the letter threatens to undo any agreement President Obama may reach on limiting the Iranian nuclear program.
It is one thing for a rookie senator, perhaps impressed with his new status, to decide he can barge into sensitive international negotiations that are clearly the president’s to conduct. But to convince so many others to go along with such a bad idea suggests a disturbing lack of adult supervision.
Predictably, Senate Republicans who signed Cotton’s missive have had to spend days explaining why. The better question, in my view, is how: Specifically, how could McConnell allow his majority to be hijacked in this manner?
Not that McConnell showed any greater ability to control events during the long and pointless fight over funding for the Department of Homeland Security. Senate Democrats remained united throughout — and, in the end, Republicans who had hoped to reverse Obama’s executive actions on immigration had to capitulate. McConnell, a master of the Senate’s arcane procedures, was reduced to complaining about how the mean old Democrats were using the rules to get their way.
Did McConnell allow the scenario to play out as a way of teaching House Republicans the limits of their power? If so, it was a triumph of hope over experience. We’ve seen this movie again and again, and it always ends the same way: with the House leadership apparently shocked to learn it takes 60 votes to get anything done in the Senate.
For all the post-election talk about how the GOP was going to show the nation it is capable of governing, by now it is clear that many Republicans in Congress do not share this goal.
Since Republicans do not hold the White House or veto-proof majorities in either chamber, governing requires compromise. Refusing to make the compromises needed to pass mandatory legislation, such as budget appropriations, leads to self-inflicted wounds such as government shutdowns for which Congress is blamed. These are not difficult concepts to grasp.
Yet many House Republicans — either for ideological reasons or because they fear inviting a primary challenge from the right — will not compromise at all. They find it more advantageous or satisfying to vote 50-plus times to repeal all or part of Obamacare, knowing they have no chance of succeeding, rather than look for ways to make the program work better for their constituents.
That explains Boehner’s ineffectiveness. But what about McConnell’s? Why hasn’t he taken the reins?
One reason is the number of Republican senators who are thinking about running for president. Opposition to Obama — rather than any set of ideas, values or principles — is the party’s North Star. So if a letter that seeks to torpedo the president’s Middle East policy is circulating in the Senate cloakroom, anyone thinking about the Iowa caucuses is going to sign on.
Another reason might be that McConnell is simply a better counterpuncher than initiator. Or perhaps he just needs to rethink his approach. His failure to get a single Democrat to defect on the Homeland Security votes should convince him that if he is going to be effective in leading the Senate, something’s going to have to change.
As things stand, it is possible to argue that the most capable field marshals in Congress are Senate Minority Leader Harry Reid (Nev.) and House Minority Leader Nancy Pelosi (Calif.). Which makes you wonder just what in the world the Republican Party thinks it might be accomplishing.
By: Eugene Robinson, Opinion Writer, Thew Washington Post, March 16, 2015
“An Effort To Mislead The Political Process”: McConnell Is Now Going Outside Of The Senate To Obstruct Obama
Senate Majority Leader Mitch McConnell knows he has few options to derail the Environmental Protection Agency’s proposal to cap carbon pollution from coal-fired power plants. Even if he somehow got legislation past a Democratic filibuster, he would still face a veto from President Barack Obama. Courts could eventually overturn the new regulations, but he will have no say in their decisions. So McConnell is trying to thwart the rules by operating outside the Senate, where any anti-EPA bill would face a dead-end on Obama’s desk.
Earlier in March, McConnell encouraged states to opt out of the EPA’s Clean Power Plan with an op-ed in the Lexington Herald-Leader. On Thursday, McConnell took it a step further by sending a letter to all 50 governors asking them not to submit state implementation plans for curtailing power-plant pollution. By not submitting plans, McConnell thinks states will buy enough time for the coal companies to overturn the EPA in the courts. “They really can’t defeat this through federal legislation, and McConnell is trying to get the governors to do it for him,” Natural Resources Defense Council’s Climate and Clean Air Program Director David Doniger said.
According to The New York Times, McConnell is arguing that the rule is unconstitutional and leaning heavily on Harvard University constitutional scholar Laurence Tribe’s opinion that the EPA overstepped its authority. Tribe has argued against the rules on behalf of Peabody Energy and has become an ally to Republicans in their fight against the EPA. But Harvard legal experts Jody Freeman and Richard Lazarus picked apart Tribe’s legal arguments this week. “The President’ s proposed climate plan neither unconstitutionally ignores statutory language nor unconstitutionally takes anyone’s property,” they write. “Nor is State sovereignty unconstitutionally threatened by the proposed rule.”
New York University Institute for Policy Integrity Director Richard L. Revesz sees McConnell’s strategy as “an effort to mislead the political process,” because EPA opponents know their constitutional argument is weak. “The strategy therefore makes sense,” he said. “They can’t wait for a court to decide it, because Tribe’s constitutional arguments aren’t going to work. These are just legal arguments designed to mislead the political process.”
MConnell’s plan has many faults, including its most obvious problem: States can’t stop federal regulations by choosing to ignore them. If they do, the federal government steps in with its own plan. Notably, no governor has yet come out against submitting a state plan to the EPA. McConnell’s approach entirely hinges on the assumption that the EPA regulations will be thrown out in courts, which he can’t promise. Even Tribe said McConnell’s approach won’t work, because states “can’t count on” his being right that it will be overturned in courts.
By: Rebecca Leber, The New Republic, March 20, 2015
“Oh, The Irony!”: Holder Suddenly Enjoys The GOP’s ‘Love’ And ‘Affection’
It was six months ago that Attorney General Eric Holder announced his retirement, though he said he would stay on until President Obama nominated, and the Senate confirmed, his successor at the Justice Department. Given the scope of Republican opposition to Holder – the phrase “unbridled disgust” comes to mind – it seemed likely GOP lawmakers would rush Holder out the door.
Little did we know at the time that Republican senators would prepare to keep the A.G. around indefinitely.
Holder spoke this morning at the Center for American Progress, where he heard a few intentional laughs about his unique professional circumstances.
“There is no place I’d rather be in my closing days as Attorney General than here with you all. Well, at least these should be my closing days.
“Given the Senate’s scheduling and delays in considering Loretta Lynch’s nomination for a vote, it’s almost as if the Republicans in Congress have discovered a new fondness for me! I’m feeling love there that I haven’t felt for some time. Where was all this affection over the last six years?”
To borrow a Homer Simpson line, it’s funny because it’s true.
Six weeks after Holder announced his departure, Obama introduced U.S. Attorney Loretta Lynch as his nominee as the nation’s next Attorney General. Republicans, eager to rid themselves of Holder and impressed with Lynch’s sterling credentials and qualifications, seemed to embrace the president’s choice.
It was easy to imagine at the time that the new year would begin with a new Republican-led Congress and a new Attorney General. Instead, for reasons that even they can’t fully explain, GOP lawmakers have found a way to keep Holder in the same position they ostensibly want him to leave.
Remember, Senate Democrats could have tried to rush Lynch through the confirmation process during the lame-duck session late last year – before Dems lost their majority status – but Republicans implored Democrats not to. The power should rest with the incoming majority, GOP senators said.
The outgoing Democratic majority obliged, expecting Republicans to be at least somewhat responsible. After all, there were no substantive objections to Lynch and the GOP was desperate to see Holder go. Republicans had a built-in incentive to act reasonably.
And yet, here we are. Senate Majority Leader Mitch McConnell (R-Ky.) and his team have subjected Lynch to the longest delay of any A.G. nominee in history – for reasons they haven’t even tried to explain – and this week, McConnell even broke his word about bringing Lynch’s nomination to the floor for a vote this week.
The irony is under-appreciated: Republicans wanted Holder to step down, and he did. Republicans wanted Obama to nominate an uncontroversial successor, and he did. Republicans wanted Democrats not to vote on Lynch in the lame-duck session, and they obliged.
Months later, the Senate’s GOP majority can’t quite bring itself to do what Republicans say they want to do. In fact, as far as McConnell & Co. are concerned, they hope to defeat Lynch – again, for reasons they’ve struggled to articulate – raising the prospect of Republicans keeping Holder at his current post until January 2017.
Can you really blame the Attorney General for asking facetiously, “Where was all this affection over the last six years?”
By: Steve Benen, The Maddow Blog, March 18, 2015
“A House Divided”: Its Pretty Hard To Actually Govern In A System Designed To Require Compromise
The plan was to force President Obama to either sign a bill repealing his executive actions on immigration or veto it and shut down the Department of Homeland Security. But things didn’t work out that way.
Senator McConnell couldn’t get the 6/7 Democratic votes he needed to pass a bill that paired funding for DHS to repealing the President’s immigration actions and Speaker Boehner was unwilling to pass a stand-alone funding bill with primarily Democratic votes. So we got a one week reprieve before we do this all over again.
The good news is that we found out that neither Republican leader is willing to follow through with their threats to blow up hostages in order to force Democrats to give them what they want. So at some point, they’ll pass a bill that funds DHS.
After the Republicans gained control of the Senate and increased their margins in the House in the November elections, both Mr. Boehner and Senator Mitch McConnell of Kentucky, the majority leader, promised to reverse Congress’s pattern of hurtling from crisis to crisis, even over matters like appropriations that were once relatively routine.
But in their first big test, the Republican leaders often seemed to be working from different playbooks, at times verging on hostility, with each saying it was time for the other chamber to act.
The funding stalemate bodes poorly for any larger policy accomplishments this year, leaving lawmakers pessimistic that the 114th Congress will be able to work in a bipartisan fashion on more complicated issues.
The Office of Management and Budget has said that a vote to increase the nation’s debt limit will be necessary by mid- to late summer, and lawmakers were also hoping to take up trade policy, as well as at least a modest overhaul of the nation’s tax code — undertakings that now look increasingly imperiled.
When you’ve spent the last six years convincing your base that your opponent is a tyrant who is out to destroy the country and that his party’s agenda is the tool by which he will do that, its pretty hard to actually govern in a system that is designed to require compromise.
I wouldn’t say that any of that is a big surprise to those of us who have been paying attention. But what is surprising – and will be worth paying attention to over the next few months – is the apparent hostility between McConnell and Boehner. I don’t think anyone saw that coming. But it does suggest that there is more than one fault line in this divided house.
By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, February 28, 2015
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