Avoiding Ghosts of Christmases Yet to Be

September 2009
Citation:
39
ELR 10833
Issue
9
Author
Tom Mounteer

Just as when comprehensive climate change legislation reached the floor of the U.S. Senate in the fall of 2008, the U.S. House of Representative's passage of the Waxman-Markey climate change bill (officially H.R. 2454, the American Clean Energy and Security Act) gave hope to supporters of comprehensive federal legislation.

The Climate Security Act of 2008 (S. 3036), introduced in May 2008, by Sen. Joe Lieberman (I-Conn.) and Sen. Mark Warner (D-Va.), made it to the floor of the Senate only to fall prey to proponents' inability to rally 60 votes to end opponents' filibuster.

Given the competing demands of the Barack Obama Administration's legislative agenda, not the least of which is enactment of comprehensive health care reform, it was impressive that House leadership was able to get the Waxman-Markey bill through as quickly as it did. Some last-minute horse-trading made that possible.

Senate proponents of the legislation are promising equally quick passage, though pundits suggest the legislation may face greater obstacles than in the House. Advocates of aggressive reform are concerned that any more horsetrading to secure Senate passage will undermine the legislation's goals. Many now suggest that the Senate will not act as rapidly as leadership has pledged and suspect the Senate bill will carry over until 2010, if not until after the midterm election.

Tom Mounteer is a partner in the Washington, D.C., office of Paul Hastings, where he co-chairs the law firm's environmental practice. Since 1997, he has been an adjunct professor in the master's in environmental law program at George Washington University Law School. He is also author of the Climate Change Deskbook (ELI 2009). He thanks Washington office associate Jeff Allmon and summer associate Abbey Morrow (Vanderbilt University Law School) for their assistance.
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Avoiding Ghosts of Christmases Yet to Be

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