Two amendments expected on the legislation authorizing the Keystone XL pipeline are generating controversy in the Senate: Whatever amendment Democrats put forth asking whether senators believe in human-caused climate change and a potential provision from Sen. Ted Cruz, R-Texas, to end the 39-year-old ban on crude oil exports.
The Keystone bill cleared procedural hurdles to advance to debate on a 63-32 vote. And while there’s chatter about several amendments from both sides of the aisle, a GOP retreat that begins Wednesday and other planning sessions for both caucuses could delay getting into those measures.
“I’m hoping, but it doesn’t look like it this week with the caucuses we have, the breakouts Wednesdays and Thursdays,” Sen. Joe Manchin, D-W.Va., told reporters in the Capitol.
Only a handful of amendments have been filed so far on the legislation, which President Obama has threatened to veto. Obama said the bill, with a similar House version passed Friday, would shortcut a federal review process. Republicans and centrist Democrats who back Keystone XL said the administration has had plenty of time, noting that it has been under review more than six years.
Most of the big, contentious policy battles will be saved for another day. Senate Energy and Natural Resources Committee Chairwoman Lisa Murkowski, R-Alaska, has told members of her panel they will have plenty of opportunities to advance their priorities on her committee outside of the Keystone XL legislation, which would allow construction of the $8 billion project.
But the climate change and oil export amendments could create fireworks in the upper chamber.
Democrats want to put Republicans on record regarding their beliefs on climate change, thinking that it could paint the GOP at odds with the scientific community that says global warming is being driven by human activity, largely through burning fossil fuels.
Sen. Bernie Sanders, D-Vt., has already filed a non-binding amendment on climate change, though others are working on different language. Sanders’ amendment contains a point that the United States must transition from fossil fuels to clean energy, which could threaten support from coal-state Democrats.
Sen. Debbie Stabenow, co-chairwoman of the Democratic Policy and Communications Committee, said the caucus hasn’t figured out what kind of climate change amendment it wants to put on the table.
“We have other members working on similar amendments, but we haven’t made a final decision yet,” the Michigan Democrat told the Washington Examiner.
Republicans might also feel uncomfortable if Cruz goes forward with his amendment to end the nearly four-decade ban on crude oil exports. The Texan said in the Capitol that he thinks it’s “good policy” and that it has enough backers to pass.
The concern is out of voter sensitivity to gas prices, as polls show that many people believe sending more oil abroad would raise gasoline prices.
Some early studies have said exports could actually lower gas prices — a December 2014 Congressional Budget Office study said, “Perhaps counterintuitively, U.S. consumers of gasoline, diesel fuel, and other oil products would probably benefit, along with domestic oil producers, if the ban was repealed.” Proponents of ending the ban, such as Murkowski and Rep. Joe Barton, R-Texas, contend currently low gas prices provide a foundation to begin debating the topic.
Some studies, however, have said exports would pump up prices. The general wariness about the potential increase on gas prices and the newness of the conversation has given allies of the oil industry, which supports lifting the trade barriers, a bit of pause.
Sen. Rob Portman, a moderate Republican compared with Cruz’s more Tea Party sentiments, didn’t think the amendment would have enough support to pass. Much like Portman, many Republicans in both the House and the Senate are silent on whether they want to lift the ban.
Asked whether he thought the measure would have 60 votes to pass, Portman said, flatly, “No,” but then qualified his statement.
“But I don’t know. I shouldn’t say no so quickly. I don’t know is the answer. I don’t think there has been enough analysis yet,” the Ohio Republican said.
Portman, for his part, said he is offering an amendment that requires energy-efficiency improvements by the federal government and new efficiency standards for water heaters.
Democrats also plan to push a few other amendments of their own: Gary Peters of Michigan wants to implement new standards for storing petroleum coke, a byproduct of processing oil sands; Maria Cantwell wants oil sands producers to pay into a damages fund for oil spills; and Chuck Schumer of New York said Democrats plan to float measures to ensure that the oil sands transported from Canada to the Gulf Coast through the 1,700-mile pipeline can’t be exported, if it’s built.
