- Senate Republicans and Sen. Joe Manchin voted to roll back an EPA regulation on truck pollution.
- The legislation, which Biden has vowed to veto, passed 50-49.
In a 51-49 split Senate, every vote matters.
Senate Republicans and Democratic Sen. Joe Manchin took advantage of Democratic Sen. Dianne Feinstein's ongoing medical leave to roll back a significant environmental regulation on Wednesday.
In a 50-49 vote, the Senate passed a joint resolution overturning the Biden administration's Environmental Protection Agency rule that implemented strict limits on smog-creating emissions from heavy- and medium-duty trucks.
The rule, which would require big trucks to abide by the new regulation beginning with model year 2027, is designed to limit emissions of nitrous oxide and other pollutants, which are linked to asthma and other respiratory diseases. The EPA estimates that by 2045 it would reduce cases of childhood asthma by 18,000 annually and cut deaths by 2,900 each year, Roll Call reported.
Democratic Rep. Ro Khanna argued in a tweet on Thursday that Feinstein's prolonged absence from the Senate has repeatedly blocked Democrats' ability to succeed in crucial votes, including the EPA rule vote. If Feinstein had been present, she would have likely voted against the resolution, creating a 50-50 tie that Vice President Kamala Harris would have almost certainly broken in the administration's favor.
—Ro Khanna (@RoKhanna) April 27, 2023
Khanna is part of a small but outspoken contingent of Democratic lawmakers calling on Feinstein to resign from her post ahead of her planned retirement in 2024.
The 89-year-old senator, whose mental acuity has repeatedly been called into question in recent years, has been on leave for more than two months after being hospitalized with shingles. She's missed dozens of votes and, because of her post on the Senate Judiciary Committee, her absence has stalled President Joe Biden's judicial confirmations.
A spokesperson for Feinstein didn't immediately respond to Insider's request for comment.
Wednesday's vote on the EPA regulation ultimately is a messaging move for Republicans and Manchin that will almost certainly not go into effect, as Biden has already vowed to veto the legislation should it hit his desk.
Critics of the regulation say it would burden the trucking industry with additional costs, increasing freight costs and exacerbating inflation.
"The Biden Administration is saddling the trucking industry with an onerous regulation that would jack up vehicle costs and hurt good paying jobs," Sen. Deb Fischer, a Nebraska Republican who introduced the legislation, said in a statement in February in which she denounced "the Biden Administration's obsession with excessive climate regulations."
Supporters of the EPA rule say it's a reasonable and cost-efficient change that's well-worth the lives it's expected to improve and save.
"EPA listened to a range of stakeholders during the rulemaking process, and finalized standards that are feasible and cost-effective for manufacturers and fleet operators," Sen. Tom Carper, a Delaware Democrat, said in a floor speech on Wednesday.