[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[Extensions of Remarks]
[Page 12621]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       ENERGY POLICY ACT OF 2004

                                 ______
                                 

                               speech of

                           HON. DENNIS MOORE

                               of kansas

                    in the house of representatives

                         Tuesday, June 15, 2004

  Mr. MOORE. Mr. Speaker, Congress needs to stop playing politics and 
pass comprehensive energy legislation this year. Our country needs to 
reduce its dependence on foreign oil and increase its national energy 
independence. Increasing our energy independence will stabilize future 
energy prices, benefit American consumers and businesses, and enhance 
both our energy security and our national security. For these and other 
reasons, I supported the energy conference report on the House floor in 
November 2003.
  Unfortunately, one issue has blocked congressional passage of this 
comprehensive energy legislation over the last few months, and it has 
become clear to me that removing the provision in question would ensure 
that the Senate will pass, and the President will sign, this measure.
  Title 15, Section 1502, of H.R. 6, which is substantially similar to 
H.R. 4503, contains a safe-harbor provision protecting producers of 
methyl tertiary butyl ether [MTBE] and other fuel oxygenates from 
product liability claims. As well, this provision includes language 
applying the safe-harbor retroactively, potentially barring several 
pending suits against some of the worst environmental polluters in our 
country.
  Under this provision, cities and towns would be prevented from 
bringing against potential offenders ``defective product'' lawsuits, 
which some cities have employed to recapture the cost of MTBE clean 
ups. Approximately 130 lawsuits have been filed by states, cities, 
water districts, and businesses over MTBE contamination. The trade 
association for the MTBE industry conservatively estimates that a 
nationwide cleanup of MTBE will cost between $500 million and $1 
billion. The U.S. Conference of Mayors, however, maintains that those 
costs could run higher than $29 billion. Our states and localities, 
which are struggling with budget deficits, should not be forced to pay 
the tab for these clean ups. If our states and localities are forced to 
pay these costs, the real costs will be borne by taxpayers, who should 
not be responsible for the actions of a few MTBE producers.
  According to Congressional Quarterly, on November 24, 2003, one week 
after House passage of the energy conference report, President Bush 
called House Majority Leader Tom DeLay and requested that Mr. DeLay 
remove the MTBE provision that is holding up Senate passage of the 
legislation. As Senator Pete Domenici, Chairman of the Senate Energy 
and Natural Resources Committee, noted at that time, ``At the end, the 
President personally tried to get the House to support the MTBE 
removal. He made the call, at our request, to [Majority Leader] 
DeLay.'' Regrettably, Mr. DeLay chose to reject the President's 
personal request. Senate Republican leaders like Chairman Domenici, who 
has been working to pass this legislation for several years, are two 
votes shy of passing this measure, and removing the MTBE liability 
waiver would send to the President's desk the most comprehensive energy 
legislation in more than a decade.
  I appreciate President Bush's desire to sign a comprehensive energy 
bill into law, and I support his efforts to do so. I hope that Congress 
will put aside its parochial interests and send the President 
legislation that he will sign into law. Our national energy situation 
is not a partisan issue, and I hope that both parties can come together 
to do the right thing for America.

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