The American Energy Alliance urges all Senators to oppose S.J. Res. 14, the Congressional Review Act resolution on the 2020 methane rule from the EPA. The previous rules regarding methane were expensive and duplicative, the oil and gas industry already has ample financial and regulatory incentive to reduce methane emissions.
More significantly, passage of this resolution will introduce substantial uncertainty into the regulatory process. Despite the assertions of the resolution’s sponsors, this resolution does not automatically reintroduce the Obama-era methane regulations. The CRA states that a disapproved rule “may not be reissued in substantially the same form.” The 2020 methane rule from the Trump administration that is the subject of the resolution affirmed and built upon the previous methane regulations from 2012 and 2016. Additionally, litigation over those previous regulations is still ongoing, only having been held in abeyance by the 2020 rule. This CRA resolution would invalidate those parts of the 2012 and 2016 regulations that are included in the 2020 rule. The preexisting litigation over the 2012 and 2016 rules could prevent those older regulations from immediately going into effect.
Thus this CRA resolution is not a neat return to the Obama administration rules, but rather sets up years of litigation and uncertainty. If the goal is reinstating the Obama era rules quickly, the CRA is the wrong tool.
The AEA urges all members to support free markets and affordable energy by voting NO on S.J. Res. 14. AEA will include this vote in its American Energy Scorecard.