With help from Alex Guillén and Anthony Adragna
Editor’s Note: This edition of Morning Energy is published weekdays at 10 a.m. POLITICO Pro Energy subscribers hold exclusive early access to the newsletter each morning at 6 a.m. Learn more about POLITICO Pro’s comprehensive policy intelligence coverage, policy tools and services at politicopro.com.
— Some Republican senators seem prepared to ditch a decades-old FERC tradition: pairing Republican and Democratic nominees.
— Environmental groups and California officials scoffed at the Trump administration’s latest attack that the state failed to protect waterways from pollution and waste from homeless people.
— The Senate passed a stopgap spending measure to stave off a government shutdown and keep federal funding going through Nov. 21.
HAPPY FRIDAY! I’m your host, Kelsey Tamborrino. DCI Group’s Andrew O’Brien knew Maine is the only state that shares its border with only one other state. For today: Which former president is the only one to be a licensed bartender? Send your tips, energy gossip and comments to ktamborrino@politico.com.
ONE IF BY GOP, TWO IF BY DEMS? Senate Energy Chairman Lisa Murkowski (R-Alaska) is sending signals that she is ready to abandon one of the last remaining norms of the nomination process, Pro’s Anthony Adragna reports this morning.
The tradition of pairing Republican and Democratic nominees to FERC stretches back decades as a way to grease the wheels toward confirmation and maintain FERC’s political independence. But Murkowski said she isn’t going to let the tradition stand in the way of confirming a Republican, with two openings to fill on the commission — one Republican, the other Democratic.
“What happens if there’s no name, right? How long am I expected to wait to pair? Do I wait six months? Is that fair? Isn’t that a legitimate question?” Murkowski asked in an interview with POLITICO this week.
Sen. Kevin Cramer (R-N.D.), a former state utility regulator, said he likes pairing nominations but does not think it is necessary. “Bottom line is we need these vacancies filled, so I’m actually more focused on how fast can we get the Republican — and if the Democrat comes with them, great — if not, you know,” he said, trailing off.
Sen. Joe Manchin (D-W.Va.), the ranking member of the Energy Committee, called the prospect of abandoning the tradition a “shame.” Manchin said he has tried to call President Donald Trump to convince him to pair the vacant nominations but has yet to reach him. “We’ve lost so many good traditions and so many different considerations of courtesy,” he said.
THE LATEST CALIFORNIA CHAPTER: The emergence of an EPA letter Thursday to California Gov. Gavin Newsom that described several shortfalls in California’s efforts to meet water quality standards was largely dismissed by environmentalists and state officials, Pro’s Annie Snider and Debra Kahn report. It’s the latest back-and-forth between the state and the Trump administration.
Newsom on Thursday charged that Trump was “weaponizing” the federal government. Administrator Andrew Wheeler asserted the agency’s concern about California’s handling of drinking water and wastewater stretches further back than Trump’s comments on the matter last week. “We were already working on this, this letter, and taking a look at how California is implementing their programs predated my conversations with the president,” Wheeler said.
Environmentalists said the criticism levied specifically against San Francisco’s water was misplaced — especially from an EPA that recently rolled back environmental protections for bodies of water under the Water of the U.S. rule. “For them to come out and say that about San Francisco, it’s really laughable. Laughable, atrocious, fake, mind-game. You name it,” said Sejal Choksi-Chugh of San Francisco Baykeeper.
STATES DEMAND MEETING WITH EPA: The Environmental Council of the States is demanding a meeting with Wheeler and other senior agency officials, Debra reports. “ECOS is seriously concerned about a number of unilateral actions by U.S. EPA that run counter to the spirit of cooperative federalism and to the appropriate relationship between the federal government and the states who are delegated the authority to implement federal environmental statutes,” Executive Director Donald Welsh wrote in a letter to Wheeler Thursday.
In response, EPA said it has made it a priority “to restore the appropriate balance between federal and state management of water resources within state borders,” listing its approval of state water quality standards and deletions from the National Priorities List as examples. “On these and many other issues important to States, EPA will continue to work directly with State Departments of Environmental Quality on issues important to assist them in their missions to protect human health and the environment,” the EPA statement said.
EPA ISSUES DRAFT OZONE SCIENCE REVIEW: EPA on Thursday released the draft integrated scientific assessment for ozone, a 1,400-page technical document that reviews what we know about smog’s effects on human health and the environment. The staff-led review doesn’t provide any specific advice on where the National Ambient Air Quality Standards should be; the draft policy assessment expected to be released in October should provide more guidance on that. But the science assessment is a key underpinning of the rulemaking.
Vijay Limaye, a former EPA epidemiologist now at the Natural Resources Defense Council, told ME that at first glance the science review appeared to be “strong” and incorporated what scientists have learned since the last review in 2013, especially new advances on ozone’s link to diabetes and other metabolic issues. “This really tells us that we need to be doing more, especially given what we know about the connection between climate change and ozone air pollution particularly,” Limaye said.
Related: Almost a year ago, Wheeler disbanded the expert subcommittee created to help the Clean Air Scientific Advisory Committee review the science in the ongoing particulate matter review. (A similar expert panel for the ozone review was spiked before it was ever appointed.) Now, 20 of the 26 scientists who had been on the PM panel are planning to hold their own public meeting to review EPA’s science anyway. The so-called Independent Particulate Matter Review Panel will gather Oct. 11 in Crystal City at a meeting hosted by the Union of Concerned Scientists. One of the panel members, former CASAC Chairman Chris Frey, talks about the effort here. CASAC will meet on the same topic later next month in North Carolina.
CHATTERJEE: IT’S FINE: FERC Chairman Neil Chatterjee told reporters Thursday the commission has a strategy for addressing the loss of quorum from Commissioner Richard Glick’s recusals from some issues, Pro’s Eric Wolff and Gavin Bade report. “We’ve done a good job of mapping out where we may have recusal issues, and we’ve got a strategy in place on how to tackle it,” he said. “I don’t think the volume and quantity of matters that will require recusals is something that cannot manage. I think we’ll be fine.”
THEY’RE BAAACK: Climate activists will once again attempt to “shut down D.C.” this morning, this time to draw attention to the influence of corporate interests. The protesters will focus on Northwest D.C., “where the connection between politics, corporate interests and polluters is most clear.” They’ll begin at McPherson Square “and begin an unpermitted parade,” according to a release, stopping at several locations including BlackRock, EPA headquarters and the Trump International Hotel.
OFF TO TRUMP’S DESK: Staring down a Monday federal funding deadline, senators voted 82-15 Thursday to ward off a government shutdown and keep funding going through Nov. 21. Trump is expected to sign the stopgap measure, which the House passed last week, POLITICO’s Caitlin Emma reports. The legislation buys more time for negotiations on a dozen fiscal 2020 spending bills that would provide updated funding levels for federal departments and agencies.
GRIJALVA AGAIN WARNS OF SUBPOENAS: House Natural Resources Chairman Raúl Grijalva (D-Ariz.) once again warned the panel could soon start issuing subpoenas to the Interior Department if the agency doesn’t shape up on how it handles requests for information, Pro’s Ben Lefebvre reports. Grijalva’s remarks came during an oversight hearing Thursday with newly confirmed Interior Solicitor Daniel Jorjani — a hearing Grijalva called “an airing of grievances.”
BIPARTISAN CARBON PRICING BILL INTRODUCED: Led by Rep. Brian Fitzpatrick (R-Pa.), a group of House lawmakers introduced a bipartisan carbon pricing measure — the MARKET CHOICE Act — that would fund infrastructure investments by pricing carbon and eliminating the gas tax. “We are at a crossroads with regard to infrastructure and climate change,” Fitzpatrick said in a statement Thursday. “Legislative action taken — or not taken — by this Congress on these issues will be felt for generations.” It’s similar to a bill offered by former Rep. Carlos Curbelo last Congress. Joining as co-sponsors are Reps. Salud Carbajal (D-Calif.), Francis Rooney (R-Fla.) and Scott Peters (D-Calif.).
MINERS END THEIR PROTEST: After nearly two months, Harlan County, Ky., coal miners ended their protest over alleged missing pay on Thursday, Pro’s Ted Hesson reports. “My guys have been out there since July in 100 degrees here,” said Ned Pillersdorf, an attorney representing a group of 1,100 miners. “We basically made a decision that we need to get to the bargaining table.” Pillersdorf said the workers made a settlement offer Wednesday.
LISTEN: The Planet Project today is launching a new weekly podcast, dubbed Climate 2020, that will dive into the 2020 presidential race and climate. The podcast will feature interviews with candidates, scientists, activists and journalists, including MSNBC’s Chris Hayes, who is a guest on the first episode.
— “Big law firms draft model climate laws in pro bono project,” via Bloomberg Environment.
— “Kathryn Murdoch steps out of the family shadow to fight climate change,” via The New York Times.
— “EPA about-face lets emissions soar at some coal plants,” via E&E News.
— “Caltech gets $750M pledge for sustainability research,” via Associated Press.
THAT’S ALL FOR ME!
