Continuing Resolution Malarkey

Last week AOC tried to raise awareness on this issue:

Some of you might remember that getting Manchin to support the Inflation Reduction Act required a promise to vote on his own legislation wishlist. The promise Schumer made him was even stronger than that, he’s committed to getting Manchin’s bill passed and he’s going to attach it to the Continuing Resolution to fund the government. These aren’t the compromises already included in the IRA, which includes some fossil fuel handouts, and not enough green energy promotion to meet the scale of the climate emergency, but overall considered a step in the green direction, and a significant step in relation to what anyone expected out of this Congress. This is a separate bill straight from the American Petroleum Institute that cuts through environmental review, public comment periods, and litigation for future energy projects. The full text of the proposal was released today:

The permitting reform stuff is bad enough. The section tacked on to the end pushing through the pipeline referenced in AOC’s tweet is WILD though. For context, several permits pushed through under the Trump administration were overturned in court for failing to follow various agency regulations and laws, including:

-Permits from the Bureau of Land Management and US Forest Service for failing to account for erosion and sedimentation impacts (Mountain Valley Pipeline’s Up-And-Down Legal Journey: Explained)
-A biological opinion from the US Fish and Wildlife Service, overturned for violating the Endangered Species Act (Court dings Mountain Valley Pipeline again, this time over rare fish | Reuters)

Another required permit from the US Army Corps of Engineers was withheld following the latter court decision (Mountain Valley hits another snag in its pipeline plans)

Manchin’s legislation requires that within 30 days, these agencies reissue the biological opinion and various required permits “substantially in the form” of those previously overturned :vince1:, that this bill requiring them to do so supersedes any other applicable laws (yes, an add on to a continuing resolution is trying to supersede the Endangered Species Act) :vince2:, and that these actions “shall not be subject to judicial review.” :vince3: Furthermore, if you want a court to invalidate the idea that courts can’t invalidate this legislation, it must be done in the DC Circuit Court of Appeals. :vince4: (All of the pipeline’s previous legal troubles have come courtesy of the 4th Circuit, which has jurisdiction over VA and WV. The states where the pipeline is being built. Presumably Manchin expects more favorable treatment from the DC Circuit, although it’s not clear why they would have jurisdiction other than the bill says so. Law bros everywhere are all Tim Robinson IDK If You’re Allowed To Do That.gif so it’s almost certain that 1) you’re not allowed to do that and 2) they’re going to do it anyway.)

Current political status: Manchin thinks he’s owed this bill for his vote on the IRA. Schumer seems intent on honoring that deal despite little support from his own party. Only Sanders has committed to voting no in the Senate. It needs 60 votes anyway so it requires Republican votes. Normally they would love this, but their position was complicated by the other WV Senator Capito introducing a more batshit permitting reform demand. They feel betrayed by Manchin for his IRA vote so there have been rumblings that they won’t support his side deal on principle.

Democrats in the House could also block it, and although AOC’s tweet makes it clear that at least 72 Representatives are against it, very few are committed nos at this point. Schumer believes that if he can squeeze out enough Senate votes for a bill in whatever form it’s too dangerous for the House to send it back with amendments, which may be correct. Odds of Dark Brandon going against it are zero.



1 Like


1 Like


Man, I would really enjoy Manchin getting fucked over here.


The Senate is expected to vote on this tomorrow. Right after the OP it looked like Capito was going to give up her opposing plan to help push the bill through, but today McConnell committed to sinking it.

Sad to be cheering for Republican help to create disfunction in a unified Democratic congress but in this case the alternative is worse. At least 8 Senators now have expressed opposition (Sanders, Warren, Markey, Booker, Duckworth, Merkley, Ben Cardin, Chris Van Hollen) which I’m guessing is as good as a committed no. It’s either passing with enough Republicans they can cast token no votes without any blowback or it’s going to have ~zero Republican support and won’t make it through the filibuster anyway.

I’m still not smart enough to comment much on the permitting reform side of the bill but from a summary I read it kneecaps the ability of state and local governments and activists to fight future fossil fuel projects from multiple angles. Reduction in times allowed to bring challenges, reduction in scope of challenges allowed, consolidation of authority into friendlier agencies. It will essentially green light dozens of fossil fuel projects with service lives decades into the future.

Call your Senators if you’re into that. If you live in a red state you can borrow these Republican opposition talking points to use on them:

If Cocaine Mitch is against it then it seems unlikely they’d get 18 Rs (maybe more if there’s other D nos out there) to get it over the finish line. At least I hope so anyway.

1 Like

Schumer just announced the CR will be voted on without Manchin’s attached malarkey.


TBD if they try again with the NDAA. But it’s a win for now.

1 Like

Well that was quick.

Seems like a MAGA red button meme

  • screw over Manchin
  • appease big oil

Sweaty face

I’m for permitting reform.

a) we need to build a shitload of transmission lines from renewable energy sources to population centers in the next two decades to address the climate crisis. Blocking that for less important environmental reasons is a failure to set priorities correctly

b) Americans are addicted to energy whether we like it or not, nothing gets a politician kicked out of office quicker than high energy prices. To the extent we need to use fossil fuels, we should source them ourselves rather than relying on the Middle East and Russia for obvious reasons. We should also help the Europeans transition away from Russia.

House Dems should sink the defense bill if the sweetheart Manchin Mountain Valley stuff is attached.

1 Like

Lol, nice to see Manchin get rekt for a change.