As President Biden ended infrastructure negotiations with Sen. Shelley Moore Capito (R-W.Va) after the GOP refused to compromise, his top domestic climate advisor said some of the current climate and clean energy provisions would likely not be included in future legislation. While National Climate Advisor Gina McCarthy insisted to Politico that the administration was still “going for it” on climate investments in the infrastructure plan, she acknowledged, “every piece like a clean electricity standard may not end [up] in the final version.” Because Sens. Joe Manchin (D-W. Va) and Kyrsten Sinema (D-Ariz.) oppose eliminating or reforming the filibuster, a clean electricity standard, among other policies, would need to pass the 50-50 Senate with at least 60 votes.

While talks on a bipartisan legislative package will continue with a group of 5 Republican and 5 Democratic Senators, any climate- or clean energy-focused provisions will likely need to be passed through the more restrictive budget reconciliation process. (Negotiations: Politico, Washington Post $, AP, New York Times $, The Hill, NBC, NPR, CNN, Wall Street Journal $, USA Today, E&E $, CNBC; McCarthy: Politico)