In August, Senate Majority Leader Harry Reid (D-NV) agreed to let Sen. Jay Rockefeller (D-WV) bring a bill to the Senate floor that would prevent the EPA from regulating greenhouse gas emissions from industrial facilities for two years. Rockefeller has yet to bring the bill to the floor. There was the possibility that he was going to introduce it as an amendment last week to the EPA budget legislation; however, the Senate Appropriations Committee delayed the markup of the bill until most likely next year.

As of late last week, Sen. Rockefeller believes he has around 55 votes for his bill and he is searching for the final five votes before he brings it to the floor. If he could obtain those five votes in quick fashion, the bill could make its way to the floor soon. However, most believe the bill will be voted on during a lame-duck session following the November elections. The only real question remains whether he introduces the measure as a stand-alone bill or as an amendment to another piece of legislation. If the bill is voted on as a stand-alone measure, the likelihood of it passing the House is not great, and it is a foregone conclusion that the President would ultimately veto it.