Sen. George Voinovich, a potentially important vote for authors of Senate energy and climate legislation, has drafted language that would override a broad slate of EPA and state greenhouse gas regulations.

The Ohio Republican has proposed pre-empting emissions regulations unless they "protect the public health from imminent and substantial harm" or protect the ozone layer.

It would also seek to eliminate climate change lawsuits based on existing environmental laws -- including the Clean Water Act, Endangered Species Act and the National Environmental Policy Act.

"If you're going to do anything in this area, you have to have complete pre-emption," Voinovich told National Journal today. That includes "some of these common-law things that are being brought today," he said. "You can't get anything done anymore."

The Transportation secretary would also have exclusive authority to regulate greenhouse gas emissions from automobiles.

Sen. Joe Lieberman, I/D-Conn., today said that while Voinovich's plan appears to have broader reach, the draft he and Sens. John Kerry, D-Mass., and Lindsey Graham, R-S.C., plan to roll out Monday will pre-empt both EPA and state greenhouse gas regulations. "That's an idea part of which we're looking at anyway," he said of Voinovich's language. "If we regulate and control greenhouse gases, that should be the national standard."

According to a statement e-mailed from his office, Voinovich said, "To get my support on any climate change legislation, it must include a comprehensive pre-emption provision that goes well beyond language included in previous climate bills."

The language developed out of "discussions with numerous Senate offices," members of the U.S. Climate Action Partnership and other businesses that have met with Kerry, Graham and Lieberman, according to the statement. "The feedback I received was broad agreement that the only workable solution to climate change should occur at the federal level, considering we are not dealing with pollution that has localized effects," according to the statement.

Voinovich later emphasized to National Journal that both Republicans "and some Democrats made it very clear that if they're going to go along" with climate and energy legislation, "they want pre-emption."

Voinovich -- who is retiring this year after two terms -- has been a much-sought-after Republican backer of the evolving effort by Kerry, Lieberman and Graham.

He is also talking with Sen. Richard Lugar, R-Ind., about some ideas Lugar has floated to centrists in both parties that address greenhouse gas emissions without setting up a new carbon trading market.

"I'm going to get together with him and just see if there's some meeting of the minds on certain principles," Voinovich said. "But it seemed to me a rather good approach to working something out."

Lugar's outline includes extending and increasing by 4 percent annually Corporate Average Fuel Economy standards for cars and light trucks from 2016 to 2030. Those standards would be extended to include medium- and heavy-duty vehicles. A federal mandate requiring production of 21 billion gallons of advanced renewable fuels would be broadened; legislation to ramp up the number of flex-fuel vehicles would be echoed; and electric utilities would be required to produce electricity from sources such as solar, wind, nuclear energy, coal-mined methane, certain hydropower, marine and coal from facilities using carbon capture-and-storage technology. The requirement is 11 percent by 2015, 30 percent by 2030 and 50 percent by 2050. It would also invest $11 billion toward retiring the dirtiest coal-powered plants; expand loan guarantees for nuclear power; and cut energy use in commercial buildings in half in six years.

"Dick's done a nice job, so I want to sit down with him and go over some of the provisions of it," Voinovich said. A Senate GOP aide said Voinovich has not signed on to anything yet, nor is he working on an alternative to the effort from Kerry, Graham and Lieberman. "I don't know what they're going to come out with, but his approach seems to me one that might be one worthy of a gathering of bipartisan support," Voinovich said.

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