The Energy Tax Prevention Act, introduced by Rep. Fred Upton (R-Mich.) in the House and as an amendment to the Small Business Reauthorization Act by Minority Leader Mitch McConnell in the Senate, would pre-empt the Environmental Protection Agency's regulation of greenhouse gasses. Since losing the debate on Cap-and-Trade, as well as control of the House, Democrats are turning increasingly to the EPA and other federal agencies to implement their agenda through regulatory fiat. Such plans would eliminate thousands of jobs while adding a huge burden to American industry. Some politicians, such as Sen. Jay Rockefeller (D-W.Va.), are trying to sweep these issues under the rug with delays and toothless restrictions. The Energy Tax Prevention Act, however, prohibits the EPA from using the Clean Air Act as a vehicle to regulate greenhouse gases, and reaffirms the right of Congress alone to author our nation’s laws.
We encourage you to write to your Senators and Representative and urge them to vote “YES” on the McConnell amendment and Upton bill. It's easy and it only takes one minute.
Christopher Prandoni, Federal Affairs Manager for Americans for Tax Reform, gives an in-depth look at the issue in this piece (originally published at Townhall.com):
"Sen. Rockefeller is back at it again, this time trying to scuttle the McConnell amendment. Next week, Reid is expected to hold votes on the two amendments so some Democrats can vote for the McConnell amendment and some can vote for the Rockefeller amendment, but neither will pass. Given that the EPA debate has moved to the forefront of voters’ minds, this is a risky strategy for Democrats up in 2012.
"Substantively, the two bills couldn’t be farther apart. The McConnell Amendment prevents the EPA from regulating greenhouse gases under the Clean Air Act, unless Congress explicitly tells them to. The Rockefeller amendment only delays a handful of EPA regulations for two years, implicitly endorsing the EPA’s cap-and-trade scheme.
"The Rockefeller proposal has serious flaws. As of January 2011, the EPA has already begun regulating greenhouse gases so a delay bill will no longer have a meaningful impact. It does not touch the EPA’s impending National Air Ambient Quality standards, regulations which independent estimates fear could cost $1 trillion per year in compliance costs and would lead to the loss of 7 million jobs [pdf]. It does not prevent the EPA from creating carbon standards for vehicles or from withholding construction permits."