U.S. House Chairman Talks Energy and Commerce Agenda

House Energy and Commerce Chairman Fred Upton (MI-6) met with members of the media and private industry this morning to discuss his committee's agenda for the 112th Congress. 

Mr. Upton did his best to be noncommittal on a number of questions inquiring about specific proposals he was going to push through the committee to address his party's concerns with measures supported by his Democratic colleagues and the President, although there were some revelations about the Chairman's future plans.

Mr. Upton's committee worked to successfully repeal  Democrats' signature legislation to reform the country's health care system as one of the first orders of business for his committee and the House as a whole.  As a part of the GOP's message, the Energy and Commerce Committee will now focus on drafting proposals to replace it.

Mr. Upton pointed to a bill sponsored by Marsha Blackburn (TN-7) that would allow consumers to shop for insurance plans across state lines.  He also emphasized the need to address tort reform and have a dialogue with governors over the uncertainty of health exchanges and the "unfunded mandate" in the new law that requires states to expand Medicaid coverage and provides a federal cost share of between 50 and 75 percent during the first three years of expansion.

Expanding Medicaid coverage was a main feature of Democrats' plan to reduce the number of uninsured, but the overall bill failed to attain universal coverage.  Responding to a question regarding Republicans' desire to outdo Democrats on the issue of the uninsured, Mr. Upton said that it was too early in the session to determine what proposals would gain steam, but he did stress that insurance should continue to be employer-based and that more incentives for preventative care are necessary.

When the conversation shifted to energy and telecommunications policy, Mr. Upton's message was clear: government needs to get out of the way and let the markets work:

-On EPA regulating green house gases: "The Clean Air Act does not give EPA authority to regulate GHG.

-On climate change: "If you look at tthis year, the last year was the warmest year on record-the warmest decade on record. I accept that. I do not tsay that it's manmade."

-On whether there should be a price on carbon: "No."

-On FCC's order in favor of net neutrality: "We are going to use every tool in the toolbox to stop it."

Mr. Upton also indicated that House Republicans are going to have a more open process than Democrats.  He indicated that the first display of this will come later this week when the House considers a continuing resolution to fund government for the remainder of Fiscal Year 2011.  "We're going to have a vote-a-rama - lots of votes on lots of subjects."

The Energy and Commerce Committee's hearing schedule is packed this week, touching on health, energy and telecommunications policy. Click here for a list of this week's hearings. 

*This post courtesy of Chris Wagner of Clark Hill's Government and Public Affiars group.

Michigan Supreme Court Overhauls Permitting, Procedure, and Litigation of Environmental Matters in Michigan

In a sweeping opinion released December 29, 2010, the Michigan Supreme Court overturned Preserve the Dunes Inc. v. Dep’t of Environmental Quality and held that the MDNRE (formerly the MDEQ or “DEQ”) permitting actions are subject to claims under the Michigan Environmental Protection Act (“MEPA”) and that “the DEQ can be sustained as a defendant in a MEPA action when the DEQ has issued a permit for activity that is alleged will cause environmental harm.”  The Court also held that the discharge of contaminated water, at any levels, into an area that would ultimately lead to uncontaminated water is “manifestly unreasonable.” The opinion, Anglers of the AuSable Inc. v. Dep't of Environmental Quality, could prove to overhaul the permitting, procedural, and litigation of environmental matters in Michigan.

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Michigan Governor Rick Snyder Re-Splits Environmental Agencies

On January 4, 2011, Governor Rick Snyder issued his first executive order (Executive Order 2011-1) since taking office splitting the Michigan Department of Natural Resources and Environment (“MDNRE”) into two separate departments – one for environmental quality and one for natural resources.  The order is effective March 13, 2011.  Gov. Snyder’s order essentially reverses former Governor Jennifer Granholm’s Executive Order 2009-45 combining the former Department of Natural Resources (“DNR”) and Department of Environmental Quality (“DEQ”).

As reported by Gongwer (subscription required), the two departments will functionally perform the same duties as before the merger, which was effective January 17, 2010.  The order retains the Governor’s authority to name the chair and vice chair of the Natural Resources Commission as well as the authority to name the departmental directors.  Snyder has already named Rodney Stokes as the DNR director, and Dan Wyant as the director of the DEQ.  Stokes has worked for the DNR since 1977, and Wyant is a former director of the Michigan Department of Agriculture.

After Gov. Snyder was elected, he announced that he would split the MDNRE as a cost savings measure because the two functions are distinctive and separate.  As reported by the Detroit Free Press, Synder stated: “Michigan is blessed with an abundance of natural resources and we need to be a leader and innovator in protecting these resources.” “Recreational fishing, hunting and boating activities alone contribute more than $3 billion annually to our economy. Separating the DEQ and DNR means we can better address these key priorities.”

Upton Wins Energy and Commerce Gavel and Implies Sweeping Changes

This week House Republican leaders selected Fred Upton (R. MI) to be the next chairman of the House Energy and Commerce Committee. The nomination wrapped up a tight, four-man race that has been closely watched for weeks. Upton beat our current ranking member Joe Barton (R. TX), John Shimkus (R. IL), and Cliff Stearns (R. FL). In gaining the nod, Upton overcame opposition from more right-leaning members of the Republican party who said he was not conservative enough to run the powerful committee. In vying for the position, Upton vowed to carefully scrutinize the U.S. EPA’s regulations and to pursue an “all of the above” energy plan. Upon winning the nomination, Upton said his first priority would be repealing the health care law that passed earlier this year; but he also mentioned upping the oversight of the agencies under his committee’s governance. “The Obama administration is on notice – they will not be allowed to regulate what they have been unable to legislate,” he said in a statement. This morning POLITICO reports that Upton implied he is planning on splitting the Energy and Environment Subcommittee into two panels: the Energy Subcommittee and the Air Quality and Environment Subcommittee. This move would give the full panel a sixth subcommittee, which could open the door for Shimkus to lead a subcommittee after Ed Whitfield (R. KY) makes his choice of the two.

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Michigan's Environmental Cleanup Law Amended

On December 1, 2010 and December 2, 2010, a package of 6 bills (SB 1345, 1346 and 1348 and HB 6359, 6360 and 6363) was passed by the Michigan Legislature to be sent to Governor Granholm. This legislation will dramatically affect environmental cleanups, due diligence, and Baseline Environmental Assessment (“BEA”) procedures in Michigan.

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