What a Democratic Senate means for energy

By Arianna Skibell

Presented by Clean Fuels Alliance America

A view of the U.S. Capitol. | Drew Angerer/Getty Images

Democrats’ hopes for keeping the House may be fading rapidly , but their unexpected success in clinching control of the Senate leaves them with way more options for shaping energy policy than seemed even thinkable a week ago.

A GOP-led House probably spells doom for any ambitious new climate bills, such as this year’s Inflation Reduction Act. But the Senate offers Democrats a guardrail against GOP attacks and could even yield some gains for President Joe Biden’s agenda.

Here are three ways Democrats are likely to leverage their upper chamber power:

Confirming judges
Democrats will retain the power to unilaterally confirm dozens of judges, perhaps even allowing Biden to outpace former President Donald Trump’s judicial totals and pull some circuit and district courts back to the left — and not to mention, fill a Supreme Court seat should one open up.

The recent decision by SCOTUS to limit the Environmental Protection Agency’s authority to slash planet-warming emissions offers a clear example of how the judiciary can shape the country’s response to the climate crisis.

Disappearing GOP bills 
Democrats will have a huge amount of power to block various attempts by a GOP-controlled House to undermine Biden’s policies.

That includes any House bill that seeks to gum up implementation of the Inflation Reduction Act, which includes $369 billion in clean energy and climate measures.

The Senate can also prevent the House from using the Congressional Review Act to undo recently approved Biden regulations. Of course, Republicans can still use must-pass bills on government spending or the debt limit to try to wring concessions on policy.

Agency nominations  
Biden nominees for agency positions will also get another shot at Senate confirmation. Nominees still waiting include a slew of candidates within the purview of the Energy and Natural Resources and Environment and Public Works committees.

Then, there’s the Manchin factor. The Senate will remain super-closely divided, and that means Sen. Joe Manchin (D-W.Va.) will continue to complicate matters for his party if, as expected, he remains chair of the Energy and Natural Resources Committee.

Earlier this month, the fossil-fuel-friendly Democrat announced he would not hold a confirmation vote for Richard Glick, the nation’s top energy regulator and a key player in implementing Biden’s clean energy agenda.

That move came after Manchin lambasted Biden for appearing to endorse coal plant closures. Stay tuned on whether Manchin ultimately supports Glick’s confirmation in exchange for boons for his state.

It's Monday — thank you for tuning in to POLITICO's Power Switch. I'm your host,  Arianna Skibell.  Power Switch is brought to you by the journalists behind E&E News and POLITICO Energy. Send your tips, comments, questions to  askibell@eenews.net.

Today in POLITICO Energy’s podcast: Zack Colman breaks down Biden's climate message at COP27 in Egypt, the new actions he announced and what skeptics are saying.

A message from Clean Fuels Alliance America:

Clean fuels such as biodiesel, renewable diesel, and sustainable aviation fuel are good for our farmers, our rural and urban communities, our economy, our country, and our planet. Representing fuel and feedstock producers and other members, Clean Fuels Alliance America is moving the industry onward to an even brighter future. Learn more at cleanfuels.org.

A flare to burn methane from oil production is seen on a well pad in North Dakota. | Matthew Brown/AP Photo

Methane crackdown
A new “super-emitter” provision in EPA’s proposal to regulate methane emissions would empower third parties to identify large leaks of the greenhouse gas, putting more pressure on oil and gas operators to quickly fix any problems, write Mike Lee and Carlos Anchondo.

The result would be a wider circle of leak investigators — and potentially a rise in communities partnering with nonprofits and others to investigate nearby oil and gas infrastructure.

Hurricanes and the grid
As the 2022 Atlantic hurricane season entered its final month, utilities in the U.S. Southeast may have been tempted to exhale. Then came Hurricane Nicole, writes Kristi E. Swartz.

The Category 1 storm made landfall in Florida last week as a rare November hurricane, following September’s Hurricane Ian. Utilities are learning how to get lights back on faster — and how to keep them from going off — in a world challenged by climate change.

Adaptation
A new insurance program called the Global Shield is meant to shore up the climate resilience of poorer nations through tailor-made policies against the risks of rising seas, storm damage and crop failure, writes Sara Schonhardt from Egypt.

The initiative, led by Germany in partnership with the G-7 and a group of the world’s most climate-vulnerable nations, was introduced at COP27 on Monday.

A message from Clean Fuels Alliance America:

A Northrop Grumman cargo ship about to be captured by the International Space Station’s robot arm Wednesday. | NASA/AP

Space data: The United Nations will seek out methane emitters with data from outer space.

Climate displacement: Developing countries are sounding the alarm at COP27 about the growing threat of climate migration.

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A showcase of some of our best content.

Wind turbines in Huron County, Mich. | Al Goldis/AP Photo

Two more counties in the Great Lakes region pushed back against clean energy development last week, as voters voted to prohibit wind projects.

A federal agency warned that the U.S. cannot ignore its nuclear waste problem as it looks to build new plants to help solve the climate crisis.

A federal judge will allow the District of Columbia's climate liability lawsuit to be heard by a local judge, rejecting all seven of the oil and gas industry’s arguments.

That's it for today, folks! Thanks for reading.

A message from Clean Fuels Alliance America:

Clean fuels such as biodiesel, renewable diesel, and sustainable aviation fuel are good for our farmers, our rural and urban communities, our economy, our country, and our planet. In fact, the economic impacts of the clean fuels industry are significant. As of 2021, the clean fuels industry contributed a total U.S. economic impact (direct, indirect, induced) of $23.2 billion; supported 75,200 U.S. jobs throughout the economy/country; and paid $3.6 billion in wages. Representing fuel and feedstock producers and other members, Clean Fuels Alliance America is moving the industry onward to an even brighter future. Learn more at cleanfuels.org.

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