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US Senate Parliamentarian: Oil and gas projects cannot avoid environmental review

US Senate Parliamentarian: Oil and gas projects cannot avoid environmental review

A provision in the massive U.S. budget and tax bill that Congress is finalizing cannot be passed unless at least 60 Senate members vote for it.

Elizabeth MacDonough is a Senate parliamentarian whose job is to ensure lawmakers follow the proper legislative procedures, like requiring 60 votes out of 100 instead of a simple majoritiy.

The parliamentarian examines the mega-bill budget to make sure it adheres to the Byrd Rule. This rule, dating back decades, prohibits large pieces of legislation from including provisions that are "extraneous to the federal budget".

MacDonough's list of problematic provisions adds to the hurdles facing Republican lawmakers. Senate Majority Leader John Thune and House Speaker Mike Johnson, along with administration officials, are pushing Republican legislators to pass the OBBB Act before President Donald Trump signs it into law on July 4. Independence Day.

The MP has stated that the provisions of OBBB which deem offshore oil-and-gas projects automatically compliant with National Environmental Policy Act would require a greater vote threshold.

The parliamentarian said that the controversial provision championed Senator Mike Lee, which would authorize the selling of millions of acres of Bureau of Land Management lands and U.S. Forest Service land should be removed from this bill. She also suggested that the provision that allows the construction of an Alaskan mining road to go ahead.

She also highlighted a provision allowing gas exporters pay for their projects to become "in the nation's interest," which is a lengthy determination normally made by the federal governments; a section requiring oil and gas leases be issued within 90 days to successful bidders and another that removed the Interior Secretary's ability to reduce fees on federal land for renewable energy.

Thune has repeatedly stated that he won't overrule a parliamentarian. He told reporters on Monday that this is "a process we must go through."

They're working on it. "We're counter-offering in some cases as we flag things," he added.

John Cornyn, the Senator from Texas, told reporters Monday that "we don't yet know what will be the final product." We're going keep trying to maximize the benefits of reconciliation.

The parliamentarian stated last week that a proposed rollback of the Environmental Protection Agency’s new emission limits for medium and heavy-duty trucks like delivery trucks in the OBBB and a provision allowing companies to pay a fee to opt out from the environmental permit review can’t pass without 60 vote.

Thune hopes to have the Senate begin action this week, and pass the bill by the weekend. The bill will then be sent back to the House to receive final approval.

Senate Democrats have said that they will continue to make sure the OBBB is thoroughly scrutinized.

"Democrats won't stand by as Republicans try to circumvent reconciliation rules in order to sell public lands for tax breaks to billionaires," said Senator Jeff Merkeley.

(source: Reuters)