Senate Utility MACT Repeal Measure Fails

A repeal measure of Utility MACT put forth by Senator James Inhofe (OK) failed yesterday in the U.S. Senate by a margin of 53-46. The disapproval resolution, SJR 37, would have sent the regulation, deemed to be the most expensive in EPA’s history, back to the agency for a rewrite.

While the vote fell mostly along partisan lines, with Republicans voting for the measure and Democrats against, ten members of the Senate broke ranks on the legislation. This included five Democrats, mostly from coal-rich states, who supported the measure. These were Senators Landrieu (LA), Manchin (WV), Nelson (NE), Warner (VA), and Webb (VA). Counter-balancing this switch was a group of five Republicans that opposed the measure, which included Senators Alexander (TN), Ayotte (NH), Brown (MA), Collins (ME), and Snowe (ME). [Official vote count here]

Business groups made their disappointment known in a number of statements released on Wednesday. The National Association of Manufacturers said, “the Senate missed an opportunity to protect manufacturing jobs and promote growth” and that “manufacturers will be burdened with the cost of one of the most expensive rules ever issued by the EPA at a time when they need to be investing in the future and creating jobs.”

The National Mining Association, referring to senators from coal states that voted against the measure, said “It’s unfortunate that a number of senators from states whose economies rely on affordable, coal-based electricity could not see their way to supporting their communities and the nation’s economic growth at a time when the need is greatest.”

“Today the U.S. Senate had an opportunity to stand up and say ‘Enough is Enough’ to out-of-control EPA bureaucrats, and stop them from regulating our economy to tears,” added Adam Berkland, federal affairs manager for Americans for Prosperity. “But apparently 53 Senators no longer believe that our regulations should have to pass a basic common sense test.”