Posted by Jim Lindgren:
Proposed EPA Environmental Protection Agency Finding that CO2 is a Threat to
Public Health.
http://volokh.com/archives/archive_2009_03_22-2009_03_28.shtml#1237933189
Supreme Court cases do have consequences. From the [1]AP:
The White House is reviewing a proposed finding by the
Environmental Protection Agency that global warming is a threat to
public health and welfare.
Such a declaration would be the first step to regulating carbon
dioxide and other greenhouse gases under the Clean Air Act and
could have broad economic and environmental ramifications. It also
would likely spur action by Congress to address climate change more
broadly.
The White House acknowledged Monday that the EPA had transmitted
its proposed finding on global warming to the Office of Management
and Budget, but provided no details. It also cautioned that the
Obama administration, which sees responding to climate change a top
priority, nevertheless is ready to move cautiously when it comes to
actually regulating greenhouse gases, preferring to have Congress
act on the matter.
The Supreme Court two years ago directed the EPA to decide whether
greenhouse gases, especially carbon dioxide from burning fossil
fuels, pose a threat public health and welfare because they are
warming the earth. If such a finding is made, these emissions are
required to be regulated under the Clean Air Act, the court said.
"I think this is just the step in that process," said White House
Press Secretary Robert Gibbs, noting the Supreme Court ruling.
Another White House official, speaking anonymously in deference to
Gibbs, predicted "a long process" before any rules would be
expected to be issued on heat-trapping emissions.
But several congressional officials, also speaking on condition of
anonymity because the draft declaration had not been made public -
said the transmission makes clear the EPA is moving to declare
carbon dioxide and other greenhouse gases a danger to public health
and welfare and views them as ripe for regulation under the Clean
Air Act.
Such a finding "will officially end the era of denial on global
warming," said Rep. Ed Markey, D-Mass., whose Energy and Commerce
subcommittee is crafting global warming legislation. . . .
Many business leaders argue - as did President Bush - that the
Clean Air Act is ill suited to deal with climate change and that
regulating carbon dioxide would hamstring economic growth.
"It will require a huge cascade of (new clean air) permits" and
halt a wide array of projects, from building coal plants to highway
construction, including many at the heart of President Barack
Obama's economic recovery plan, said Bill Kovacs, a vice president
for environmental and technology issues at the U.S. Chamber of
Commerce. . . .
An internal EPA planning document that surfaced recently suggests
the agency would like to have a final endangerment finding by
mid-April. But officials have made clear actual regulations are
unlikely to come immediately and involve a lengthy process with
public comment.
Gibbs, when asked about the EPA document Monday, emphasized that
"the president has made quite clear" that he prefers to have the
climate issue addressed by Congress as part of a broad, mandatory
limit on heat-trapping emissions.
For the last two weeks, I had been assuming that Congress was unlikely
to enact cap-and-trade, but I had forgotten that the EPA, if it wanted
to, might write a regulatory scheme involving caps, without
necessarily involving any trading.
References
1. http://www.truthout.org/032409O
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