Senate parliamentarian rejects EV rule repeal, permitting provision
Illustration: Sarah Grillo/Axios
The Senate's nonpartisan referee has ruled against GOP attempts to use reconciliation to repeal an EPA vehicle emissions regulation and to allow some permitted projects to skirt judicial review, Democrats said.
Why it matters: Parliamentarian Elizabeth MacDonough's rulings mean those provisions would be subject to the Senate's typical 60-vote threshold, dooming their passage in the reconciliation process.
- She also left the EPA's Inflation Reduction Act funding authorizations in place, raising the possibility of future allocations, according to a Thursday statement from Senate Budget Committee Democrats.
Zoom in: MacDonough's rejections covered several items that the Environment and Public Works Committee proposed:
- Repeal of EPA vehicle emissions rule: The rule sets limits on the air pollution emissions of passenger vehicles.
- Permitting provisions: A subsection of the provision would allow project developers to bypass judicial review if they pay a fee for speedier environmental reviews.
- Repeal of EPA funding authorizations: The parliamentarian allowed Republicans to rescind IRA funds. But she determined that the repeal of funding authorizations violates the Byrd Rule, which prevents provisions not directly related to budgetary issues from being included.
What they're saying: "As much as Senate Republicans would prefer to throw out the rule book and advance their families lose and billionaires win agenda, there are rules that must be followed, and Democrats are making sure those rules are enforced," Budget Committee Ranking Member Jeff Merkley said.
- Spokespeople for Budget Chairman Lindsey Graham didn't immediately respond to a request for comment.
What we're watching: The Senate Finance text will be scrutinized in the coming days.
- We're also watching whether Republicans try to overrule the parliamentarian, as they did when they rolled back EPA's California EV waivers last month.
