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While introduction of energy legislation in the 109th Congress is pending, it remains unclear what its course may be. Some believe that the results of the fall 2004 election have heightened prospects for opening up the Arctic National Wildlife Refuge (ANWR) to oil and gas development, and the Republican leadership has indicated that ANWR is to be included in the budget resolution that will come before Congress. Senate Energy and Natural Resources Committee Chairman Pete Domenici has indicated that the committee will mark up a comprehensive bill in February. However, Senator Domenici also expressed openness to considering individual bills; he and others are interested in legislation to establish a long-term leasing plan for natural gas resources.

The House passed H.R. 6, the Energy Policy Act of 2005, on April 21, 2005 (249-183). The legislation includes a “safe harbor” provision to protect methyl tertiary-butyl ether (MTBE) refiners from product liability suits, which was retained after a close vote on an amendment to drop the language (213-219). In the 108th Congress, there was opposition to this provision in the Senate. It is unclear how its inclusion may affect Senate passage of an energy bill in the 109th Congress. House Republicans have indicated that a compromise will be sought to satisfy the other body. Language in the House-passed bill would also authorize opening of the Arctic National Wildlife Refuge (ANWR) to exploration and development. An amendment to delete the ANWR provisions from H.R. 6 was defeated (200-231).

This report discusses the ongoing debate about whether or not to approve energy development in the Arctic National Wildlife Refuge (ANWR). Current law forbids energy leasing in the Refuge. This report addresses several legislative options on the issue, as well as policymakers' arguments for and against development, especially in the wake of increasing terrorism since 2000-2001.

This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6 and several appropriations bills. this report describes several major pieces of legislation, including the Energy Policy Act of 2005 and the Transportation Equity Act. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included.

Congress considered a variety of tax issues over the course of 2004. Some of these were relatively narrow, applying to particular sectors or activities: energy taxation, charitable giving and charities, Internet taxation, tax shelters, and a variety of expiring tax benefits that apply to particular investments or activities. More prominent, however, were two more general issues that were the focus of tax policy deliberations for much of the year: domestic and international business taxation; and the extension of temporary tax cuts for individuals that were initially enacted in 2001 and in 2003.

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Major amendments to the Clean Air Act were among the first items on the agenda of the 109th Congress, with S. 131 (the Clear Skies Act) scheduled for markup by the Senate Environment and Public Works Committee March 9. The most prominent air quality issues discussed in this report are; Clear Skies / Multi-Pollutant Legislation, Mercury from Power Plants, New Source Review (NSR), MTBE and Ethanol, Ozone Nonattainment Area Deadlines, and Conformity of Transportation Plans and SIPs.

Environmental protection concerns span a wide variety of issues, including clean air, water quality, chemical security, and environmental aspects of other major issue areas such as transportation and defense. This issue brief provides an overview of key environmental issues that are receiving or may receive attention in the 109th Congress. The sections on specific issues contain references to more detailed and extensive CRS reports on the subjects covered.

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This report provides the information related to the fishery, aquaculture, and marine mammal issues in the 109th Congress

Congress has recently focused legislative attention on narrow bills to extend or modify selected Clean Water Act (CWA) programs, rather than taking up comprehensive proposals. In the 109th Congress, the Senate Environment and Public Works Committee has approved S. 1400, a bill authorizing $20 billion in federal grants to capitalize state clean water infrastructure loan programs. Also, a House committee has approved bills to reauthorize several Clean Water Act programs: H.R. 624 would provide $1.5 billion in grants over six years for sewer overflow projects; H.R. 1359 would extend a pilot program for alternative water source projects; H.R. 1721 would reauthorize coastal water quality programs; and H.R. 3963 would extend the Long Island Sound Program.

Congress generally authorizes Army Corps of Engineers (Corps) water resources projects before considering them in the annual appropriations process. The 109th Congress is considering authorizing Corps projects through two Water Resources Development Act (WRDA) bills — S. 728 and H.R. 2864. The House passed H.R. 2864 in July 2005; S. 728 was placed on the Senate calendar in April 2005. Previous WRDAs followed a loosely biennial schedule; however, the last WRDA was enacted in 2000.

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