Dive Brief:

• The U.S. Senate last week passed an amendment aimed at slowing the implementation of EPA carbon regulations by preventing the federal government from withholding highway funds from states that refuse to submit an implementation plan.
• The amendment to the Senate budget was introduced by Majority Leader Mitch McConnell (R-KY) and passed 57-43. McConnell said the measure was a step to halt the "war on coal" and unconstitutional requirements that states comply with new pollution mandates.
• EPA Administrator Gina McCarthy said Monday at an event that it appeared McConnell may have misunderstood the Clean Air Act, and that it does not allow highway funds to be held back.

Dive Insight:

The newly-Republican Senate has measure aimed at slowing the implementation of new carbon restrictions, but there is some debate as to whether the amendment was actually necessary.

“Many states, including my home state of Kentucky, have already filed suit against the proposal on the premise that it is not constitutional, and belief that the agency does not have the legal authority to require states to comply with all of its criteria,” McConnell said, according to the Hill.  “I appreciate my colleagues for supporting my measure and expressing the belief that highway funds should not be held hostage in the War on Coal."

The Hill points out that three Democratic Senators voted for the measure. McConnell said the amendment to the Senate’s budget resolution would protect states and ensure no highway funds were withheld because of the new demands from the EPA. 

"Governors should not fear losing their critical highway funding nor should they be forced to submit plans that would devastate their own economy,” he said.

EPA Administrator Gina McCarthy reportedly said the measure was unnecessary, however. At a Politico-sponsored event on Monday she said the administration cannot actually withhold the funds.

“We actually don’t have the legal authority … to withhold highway funds," she said.