Last night, the Senate voted on fifteen amendments to the Keystone XL pipeline bill (S.1), bringing the total number of amendments voted on so far to twenty-four.

At around 6 PM last night, when the Senate cast its fifteenth roll call vote on an amendment to the Keystone XL bill, Mitch McConnell highlighted the fact that the Senate had just reached a milestone:



“We’ve actually reached a milestone here that I think is noteworthy for the Senate. We just cast our 15th roll call vote on an amendment on this bill, which is more votes — more roll call votes on amendments than the entire United States Senate [did] in all of 2014,” he said.

Republicans and some Democrats had often criticized Harry Reid for "filling the amendment tree" as Majority Leader. This a tactic that Majority Leaders can do, as they have the ability to submit amendments first, to close off the amendment process

Despite allowing votes on so many amendments, McConnell did not allow debate on them, angering Democrats. You can watch McConnell rudely turning down Democratic requests to talk about their amendments here. The Democrats ask to talk, McConnell and other Republicans object, and the Republicans then move to table the amendment.

I have included all 15 votes from last night below.

Two reminders:

(1) As you probably already know, amendments need 60 votes to pass, so many amendments will fail with fifty-odd votes.

(2) When the Senate votes to "table" an amendment, they are voting to dismiss it. Only a majority of those present is needed here.

Public Lands

Barbara Boxer (D-CA) offered an amendment to express the sense of Congress regarding federally protected land:

(1) Congress should acknowledge the benefit that public land designations provide to local and regional communities and economies; and (2) designations of federally protected land should continue where appropriate and with consultation by local communities, bipartisan elected leaders, and interested stakeholders.

It failed , with 55 votes in favor and 44 against.

10 Republicans joined Democrats in voting for the amendment:

Lamar Alexander (R-TN)

Kelly Ayotte (R-NH)

Susan Collins (R-ME)

Bob Corker (R-TN)

Ted Cruz (R-TX)

Lindsey Graham (R-SC)

Dean Heller (R-NV)

Rand Paul (R-KY)

Rob Portman (R-OH)

Marco Rubio (R-FL)

Deb Fischer (R-NE) offered an amendment to limit the designation of federally protected land.

The amendment failed, with 54 votes in favor and 45 against.

Three Democrats voted YES:

Heidi Heidkamp (R-ND)

Tim Kaine (D-VA)

Joe Manchin (D-WV)

Three Republicans voted NO:

Kelly Ayotte (R-NH)

Susan Collins (R-ME)

Lindsey Graham (R-SC).



Climate Change

Bernie Sanders (I-VT) offered an amendment to express the sense of the Senate that



(1) climate change is real; (2) climate change is caused by human activities; (3) climate change has already caused devastating problems in the United States and around the world; and (4) it is imperative that the United States transform its energy system away from fossil fuels and toward energy efficiency and sustainable energy.

This language is stronger than the language of the climate change amendments on which the Senate voted on Wednesday. The Whitehouse amendment ("climate change is real and not a hoax") had passed 98 to 1. The altered-so-that-its-cosponsor-no-loner-supported-it Hoeven amendment ("climate change is real; and human activity contributes to climate change") received 15 Republican votes, but fell one short of the 60 votes needed for passage. The Schatz amendment ("climate change is real; and human activity significantly contributes to climate change") received only 5 Republicans votes.

Every Republican voted to dismiss Bernie's amendment. The five Republicans who acknowledged that humans are a significant contributor to climate change don't care enough about the issue to talk about solutions.

The vote to table it was 56 to 42.

Two Democrats—Heidi Heitkamp (D-ND) and Claire McCaskill (D-MO)—voted with the Republicans.

Before the vote on Sanders's amendment, Joe Manchin (D-WV) offered a side-by-side amendment that used the same language but said that fossil fuels would be used for decades into the future and the US should invest in clean fossil fuel technologies:



(1) climate change is real; (2) climate change is caused by human activities; (3) climate change has already caused devastating problems in the United States and around the world; (4) the Energy Information Administration projects that fossil fuels will continue to produce 68 percent of the electricity in the United States through 2040; and (5) it is imperative that the United States invest in research and development for clean fossil fuel technology.

During the Committee markup of the bill, Manchin had wanted to strike Bernie Sanders's fourth point and replace it with a line to this effect. Sanders had responded by saying that he would reject the substitution but would tolerate the addition of a fifth line. Lisa Murkowski, the chair of the Energy Committee, postponed consideration of Sanders's amendment at the time, and I believe Manchin's amendment, as a "side-by-side," serves the effect Sanders had suggested.

The Senate voted to table it 53 to 46.

Mark Kirk (R-IL) voted with the Democrats.



Permitting Process

Mike Lee (R-UT) offered an amendment that seems to mimic the permitting bill passed by the House GOP on Wednesday, which would force approval of pipelines if federal agencies take more than a specified length of time.

It failed, with 51 votes in favor and 47 against.

Four Republicans joined Democrats in voting against it:

Kelly Ayotte (R-NH)

Susan Collins (R-ME)

Mark Kirk (R-IL)

Jim Lankford (R-OK)

Two Democrats—Heidi Heitkamp (D-ND) and Joe Manchin (D-WV)—joined the Republicans in supporting it.

Taxation

Lisa Murkowski (R-AK) offered an amendment to express the sense of the Senate that all forms of unrefined and unprocessed petroleum should be subject to the nominal per-barrel excise tax associated with the Oil Spill Liability Trust Fund. This addresses a loophole that currently exists in the Oil Spill Liability Trust Fund.

The amendment passed 75 to 23.

Democrats all voted for it, whereas Republicans split (30 YES, 23 NO).

Here are the 23 Republicans who voted against it:

John Boozman (R-AR)

John Cornyn (R-TX)

Tom Cotton (R-AR)

Mike Crapo (R-ID)

Ted Cruz (R-TX)

Chuck Grassley (R-IA)

Orrin Hatch (R-UT)

Dean Heller (R-NV)

Jim Inhofe (R-OK)

Johnny Isakson (R-GA)

Jim Lankford (R-OK)

Mike Lee (R-UT)

Mitch McConnell (R-KY)

Jerry Moran (R-KS)

Rand Paul (R-KY)

David Perdue (R-GA)

James Risch (R-ID)

Pat Roberts (R-KS)

Marco Rubio (R-FL)

Ben Sasse (R-NE)

Tim Scott (R-SC)

Richard Shelby (R-AL)

Pat Toomey (R-PA)

Ron Wyden (D-OR) offered an amendment to amend the tax code to clarify that products derived from tar sands are crude oil for purposes of the Federal excise tax on petroleum.

It failed, with 50 votes in favor and 47 against.

Five Republicans joined Democrats in supporting it:

Lamar Alexander (R-TN)

Kelly Ayotte (R-NH)

Susan Collins (R-ME)

Cory Gardner (R-CO)

Mark Kirk (R-IL)

Ed Markey (D-MA) offered another amendment to ensure that products derived from tar sands are treated as crude oil for purposes of the Federal excise tax on petroleum. Whereas Wyden's amendment changed the tax code in the bill, Markey's amendment stated that the Keystone bill would not be effective until the tax code was changed as such.

The Senate voted to table the amendment 53 to 42. It was a straight party line vote.

Tom Carper (D-DE) offered an amendment to impose a fee of 8 cents per barrel on oil transported through the pipeline.

The Senate voted 57 to 38 to table the amendment.

Five Democrats joined Republicans to kill the amendments:

Michael Bennet (D-CO)

Joe Donnelly (D-IN)

Amy Klobuchar (D-MN)

Claire McCaskill (D-MO)

Ron Wyden (D-WA)



Greenhouse Gas Regulation

Roy Blunt (R-MO) offered an amendment to express the sense of the Senate "regarding the conditions for the President entering into bilateral or other international agreements regarding greenhouse gas emissions without proper study of any adverse economic effects, including job losses and harm to the industrial sector, and without the approval of the Senate."

In simpler terms, the amendment seeks to make it more difficult for the US to negotiate a climate agreement at the COP 21 talks in Paris this December.

It failed, with 51 votes in favor and 46 against.

Joe Manchin (D-WV) joined the Republicans in voting YES.

Kelly Ayotte (R-NH) and Susan Collins (R-ME) joined the Democrats in voting NO.



Property Rights

John Cornyn (R-TX) offered an amendment to "ensure private property is protected as guaranteed by the United States Constitution."



In section 2 of the amendment, strike subsection (e) and insert the following: (e) Private Property Protection.--Land or an interest in land for the pipeline and cross-border facilities described in subsection (a) may only be acquired consistently with the Constitution.

Saying "the Constitution" applies is a weak defense compared to Menendez's amendment. Since eminent domain can be used for economic development reasons, this amendment would not prevent the seizure of land so long as there is "just compensation."

It passed 64 to 33.

11 Democrats voted for it with the GOP:

Richard Blumenthal (D-CT)

Tom Carper (D-DE)

Bob Casey (D-PA)

Joe Donnelly (D-IN)

Heidi Heitkamp (D-ND)

Tim Kaine (D-VA)

Amy Klobuchar (D-MN)

Joe Manchin (D-WV)

Claire McCaskill (D-MO)

Bill Nelson (D-FL)

Mark Warner (D-VA)

Bob Menendez (D-NJ) offered an amendment to ensure private property cannot be seized through condemnation or eminent domain for the private gain of a foreign-owned business entity.

It failed 43 to 54.

Two Republicans—Kelly Ayotte (R-NH) and Rand Paul (R-KY)—voted for it.

Four Democrats voted against it:

Tom Carper (D-DE)

Joe Donnelly (D-IN)

Heidi Heitkamp (D-ND)

Joe Manchin (D-WV)

Campaign Finance

Sheldon Whitehouse (D-RI) offered an amendment to require campaign finance disclosures for certain persons benefiting from tar sands development.

The Senate voted on straight party line 52 to 43 to table the amendment.



Judicial Review

Pat Leahy offered an amendment to strike a provision relating to judicial review.

The Senate voted 53 to 41 to table the amendment.

Two Democrats—Heidi Heitkamp (D-ND) and Joe Manchin (D-WV)—joined the Republicans here.

LIHEAP

Jack Reed (D-RI) offered an amendment to express the sense of the Senate that the Low-Income Home Energy Assistance Program (LIHEAP) should be funded at not less than $4,700,000,000 annually.

The Senate voted 49 to 45 to table the amendment.

Two Republicans—Kelly Ayotte (R-NH) and Susan Collins (R-ME)—voted with the Democrats here.