Senator Lisa Murkowski (R. AK) introduced a disapproval resolution on January 21, 2010, seeking to veto retroactively the Environmental Protection Agency’s finding that greenhouse gases endanger public health and welfare, a threshold determination for other pending climate rules.

According to Se. Murkowski’s office, three moderate Democrats are also supporting the resolution.  Sen. Blanche Lincoln (D. Ark.), who chairs the Agriculture Committee, along with Senators Ben Nelson (D. Neb.) and Mary Landrieu (D. La.) have signed on as co-sponsors of the disapproval resolution.

Senator Murkowski, historically considered a moderate on climate issues, has recently taken on a higher profile role in the Republican Senate Leadership and, not coincidentally, a higher profile role in GOP opposition to climate regulation.  

Senator Murkowski  has been considering several options for blocking EPA regulations, including the disapproval resolution and an amendment to a debt ceiling bill. The disapproval resolution would require 51 votes to pass, while the amendment would require 60 votes. The House would have to approve, and President Obama would have to sign either one in order for it to become law. Both possibilities would face tough political fights; however, the measures have allowed opposition to the regulations among conservative Democrats to coalesce.

"I am very concerned about the burden that EPA regulation of carbon emissions could put on our economy and have questions about the actual benefit EPA regulations would have on the environment," Senator Lincoln said. "Heavy-handed EPA regulation, as well as the current cap-and-trade bills in Congress, will cost us jobs and put us at an even greater competitive disadvantage to China, India and others."

Meanwhile, the Obama administration has indicated that it intends to oppose  Senator Murkowski’s resolution.

In the House, Republicans have requested that the White House force EPA to reconsider its endangerment determination.

Representatives Lamar Smith (R. TX), Trent Franks (R. AZ.), Sam Graves (R. MO.), and Lynn Westmoreland (R. GA.) sent a letter to the Office of Information and Regulatory Affairs (OIRA) requesting that OIRA exercise its authority to force EPA to reconsider its finding or withdraw the finding unless the EPA further investigates how its proposed rules will affect small businesses.

"On the basis of EPA's endangerment finding, virtually every economic activity undertaken in America stands to come under the thumb of federal regulation,"  according to the letter.