CQ TODAY ONLINE NEWS
– ENVIRONMENT
April 17, 2009 – 12:44 p.m.
EPA Move on Greenhouse Gases Puts Congress on the Line
By Avery Palmer, CQ Staff
The EPA took a first step on Friday toward federal regulation of greenhouse gas emissions, a move that will put pressure on Congress to address the issue through legislation.
The agency issued a “proposed endangerment finding” that says carbon dioxide and five other gases threaten public health and welfare by triggering global climate change. The document also says emissions from motor vehicles are contributors to global warming.
The EPA is responding to a 2007 Supreme Court decision that found greenhouse gases are pollutants and directed the agency to determine if they threaten the public. The agency will now consider regulations for motor vehicle emissions and possibly electric power plants under the Clean Air Act (PL 101-549).
President Obama has asked Congress to cap greenhouse gases from vehicles, power plants and industry, and set up a market-based program for businesses to meet the cap. The EPA’s finding amounts to an implicit threat that if Congress does not act, the Obama administration could move to regulate emissions under the current law — an approach which could prove more cumbersome and expensive.
An EPA news release stated that Obama and agency Administrator Lisa P. Jackson have “repeatedly indicated their preference for comprehensive legislation to address this issue and create the framework for a clean energy economy.”
Sen. Barbara Boxer , D-Calif., chairwoman of the Environment and Public Works Committee, said in a statement that the changes are “long overdue” but legislation is the better approach.
“The best and most flexible way to deal with this serious problem is to enact a market based cap-and-trade system which will help us make the transition to clean energy and will bring us innovation and strong economic growth,” Boxer said.
Committee ranking Republican James M. Inhofe of Oklahoma, the Senate’s leading skeptic on global warming, issued a statement saying that neither approach would work.
“It’s worth noting that the solution to this ‘glorious mess’ is not for Congress to pass cap-and-trade legislation, which replaces one very bad approach with another,” Inhofe said. “Congress should pass a simple, narrowly-targeted bill that stops EPA in its tracks.”
Hill Action
The House Energy and Commerce Committee is scheduled to begin marking up legislation by Chairman Henry A. Waxman , D-Calif., and Edward J. Markey , D-Mass., during the week of April 27.
Markey, who chairs the subcommittee on Energy and Environment, will hold hearings next week with nearly 80 witnesses, including Jackson, Energy Secretary Steven Chu and Transportation Secretary Ray LaHood . The hearings will begin April 21 with opening statements from members and continue until April 24.
The draft House bill would limit greenhouse gas emissions, but also preempt the EPA from regulating them under several existing standards that apply to conventional pollutants, such as smog and soot.
“Today, the EPA concluded that our health and our planet are in danger. Now it is time for Congress to create a clean energy cure,” Markey said.
In a conference call this week, environmentalists said that EPA’s finding would also help state governments that want to take action related to climate change, such as blocking the construction of coal-fired power plants.
“Both EPA and congressional action are absolutely essential. They go hand in hand,” said Emily Figdor, federal global warming program director at Environment America.
A possible next step could be EPA’s decision on whether to grant a waiver to allow California and several other states to impose stringent greenhouse gas emission standards for motor vehicles. Environmentalists said one option is to duplicate these standards at the federal level.
“It’s feasible to have national standards that equal or exceed the California levels and provide both emission performance and flexibility for the industry,” David Doniger, Climate Center Policy Director at the Natural Resources Defense Council, said during the call.
But even though EPA is moving forward, Congress still needs to proceed cautiously, said Scott Segal, Director of the Electric Reliability Coordinating Council, a group that represents power plants.
“While regulation can be challenged in court if it oversteps precedent, legislation is for keeps,” he said in a statement. “Therefore, any legislative proposal on climate change must have reasonable timetables and targets, adequate cost containment, and must be sensitive to technological constraints and international competition.”
Jack Gerard, president of the American Petroleum Institute, said the proposed endangerment finding “poses an endangerment to the American economy and to every American family. It could lead to greenhouse gas regulations under a law fundamentally ill-suited to addressing the challenge of global climate change.”




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