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North Carolinians are facing more threats to our clean energy future at both the state and federal levels.

There are many reasons why Senate Republicans’ recent decision to defy the parliamentarian and repeal California’s Clean Air Act waivers using the Congressional Review Act (CRA) was objectionable. But one objection that hasn’t received enough – any? – attention is how legislative gimmicks like the CRA contribute to the broader problem of congressional dysfunction.

The disease of authoritarianism now afflicting our democracy spread to yet another of our governing institutions the night of May 21. Do not be fooled: The debate over Senate Republicans' misuse of the Congressional Review Act (CRA) is not “inside baseball” or wonky or even complicated. Rather, it’s a simple story of legislators failing to follow the rules that they agreed to — and doing so to advance their policy agenda without heed to the rule of law wreckage they leave in their wake.

President Donald Trump has taken some dramatic steps in the name of improving use of NEPA, the statute governing environmental reviews of projects. The goal is to speed up the permitting process and make it more efficient. The reality is that his efforts will create chaos and uncertainty, with the likely effect of slowing things down.

Since our last update (April 28), we have seen some important developments regarding Congressional Review Act (CRA) resolutions. In the past week, we have seen legislators take up new resolutions for a vote, address the controversial issue of the California Clean Air Act waivers, and send new resolutions to the president to be signed into law. Things seem to be accelerating in Congress (and especially in the Senate), as legislators are approaching the CRA cutoff date.

In April, the Trump administration published an executive order (EO) boosting the coal industry in hopes of a grand revival for an energy source that has been in stark decline since more cost-effective sources, including gas and renewables, drove it from its peak nearly two decades ago. Included in this order was a two-year exemption to a rule that would have required some of the country’s most polluting power plants to reduce emissions of mercury and other hazardous air pollutants that harm our health.

Since our last update (April 21), we have seen some important developments regarding Congressional Review Act (CRA) resolutions. So far, three resolutions have become law and four more have cleared both chambers. Although we have not received any information that these will be sent to the president’s desk in the coming days, we continue to monitor their status as they could soon be on the move. The most consequential development is the announcement that House Republicans will press ahead and vote on three resolutions that target waivers granted by the U.S. Environmental Protection Agency (EPA) to the state of California to develop vehicle emissions guidelines.

As North Carolinians continue to grapple with rolling blackouts, rising energy bills, and recovery from a once-in-a-generation hurricane event, another pending environmental catastrophe is developing in our backyards. On Monday, May 5, the North Carolina Utilities Commission will hold a public hearing to gather feedback on Duke Energy’s plans to build a second new methane gas power plant near its existing coal plant on Hyco Lake in Person County as part of the state’s decarbonization plan.

In the midst of countless federal deregulatory actions, it’s easy to lose track of what’s happening to undermine states’ climate regulations and laws. Here in North Carolina, we are facing the cascading consequences of federal deregulation layered on top of threats to our state’s carbon plan law.