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EPA ActionJuly 11, 2008 – More than a year after the U.S. Supreme Court ruled that CO2 is an air pollutant and directed the U.S. EPA to decide whether this pollution is a threat to public health and welfare, the EPA announced it will seek months more comment on the issue. It is essentially delaying action until the next president takes office. After weeks of political jockeying between the White House and EPA, the agency issued an "Advance Notice of Proposed Rulemaking" and accompanying fact sheet. Predictably, the response was outrage: Sen. Barbara Boxer, chair, Senate Committee on Environment and Public Works, at press conference on White House interference in addressing the dangers of global warming. This page links also to former EPA official Jason Burnett's correspondence with Sen. Boxer. Rep. Edward Markey (D-Mass.), chair, House Select Committee on Energy Independence and Global Warming: "Today's sanitized and censored global warming proposal is a shadow of what the scientific experts say is needed to save the planet. The White House has taken an earnest attempt by their own climate experts to respond to the Supreme Court's mandate to address global warming pollution, and turned it into a Frankenstein's monster. On global warming, the White House uses the slash-and-burn technique. They slash any meaningful statements or action on global warming, and allow the planet to burn." Read more response from the House Select Committee and see timeline of activities and responses since Supreme Court decision April 2, 2007. Calif. Gov. Arnold Schwarzenegger: "It's not surprising that this administration is putting off any action on greenhouse gas emissions. California has been leading the way on addressing climate change and we will continue to lead despite Washington because we know the threat of global warming is so immediate. Whoever is elected to be the next occupant of the White House will be a leader on the environment, and California will continue working to protect our environment and grow our economy at the same time." Lexi Shultz, deputy director, Union of Concerned Scientists Climate Program: "In keeping with President Bush's flippant remark at the end of the G-8 summit — 'Goodbye from the world's biggest polluter' — the EPA today refused to address global warming. By ignoring calls for action from scientists and the public at large, EPA Administrator Johnson is passing this monumental problem off to the next administration. Meanwhile, the world is waiting for the United States to take bold leadership. The science is clear, the legal authority is there, and the solutions are at hand. Sadly, the legacy of this White House is eight years of obstruction, denial and delay." June 24, 2008 – The House Select Committee for Energy Independence and Global Warming finally receives requested documents from U.S. EPA showing that EPA staff experts have recommended tougher standards for auto emissions. The committee says the documents reveal that the EPA was on its way to setting landmark standards for emissions back in December. But it's been stymied by the White House; a forthcoming Notice of Proposed Rulemaking is expected to be less stringent than the recommendations of EPA staff.
April 2, 2008 – One year after the U.S. Supreme
Court ruled that EPA has authority to regulate GHG from vehicles, 18
states, three cities and 11 environmental groups returned to federal court
to press the U.S. EPA to act on the court-mandated "endangerment finding,"
a determination that greenhouse gases endanger public health or
welfare.
March 27, 2008 – U.S. EPA Administrator Steven Johnson
responds to Congressional inquiries on the endangerment finding, saying he
has issued an "Advance Notice of Proposed Rulemaking" to ensure adequate
public comment time. Congress responds that it's more foot-dragging on
EPA's part. March 21, 2008 – Industry circulates a memo to Congress that urged members to call the White House to seek a delay in EPA issuing its endangerment finding. March 12, 2008 – Rep. Henry Waxman, chairman, Committee on Oversight and Government Reform, questions White House interference in U.S. EPA's effort to issue endangerment finding. January 22, 2008 – Rep. Edward J. Markey (D-Mass.) asks U.S. EPA Administrator Stephen Johnson to appear before the Select Committee on Energy Independence and Global Warming to explain the agency's response to the Supreme Court and White House policy directions on global warming. January 2, 2008 – In separate petitions, California and 15 states, plus five environmental organizations ask a federal court to reverse the December 19, 2007 U.S. EPA decision denying California a waiver to implement its Clean Cars law. December 19, 2007 – Bush administration EPA denies California clean cars waiver. November 19, 2007 – Environmental organizations' letter to EPA Administrator Stephen Johnson on California's waiver request, the 20-in-10 rulemaking proceeding, and other matters involving federal global warming policy. California WaiverUnder the federal Clean Air Act, California is permitted to set motor vehicle emissions standards that are stronger than national standards, but it must receive a waiver from U.S. EPA before it can implement tougher standards. The Clean Air Act also permits other states to adopt California's standards. As of December 2007, 12 other states have adopted California's clean car standards: Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington. Four additional states are in the process of adopting the standards: Arizona, Colorado, Florida and Utah. California requested the necessary waiver from the US EPA in 2005. EPA has granted dozens of such waivers to California since 1968. Learn more about the history of the California waiver effort. July 18, 2008 – A House Select Committee on Energy Independence and Global Warming investigation finds oil industry interference in government decisions on global warming regulations. The investigation notes that high-level officials, including key White House officials, had decided to use the Clean Air Act to regulate global warming emissions from vehicles, and stationary sources – but reversed their decision in the face of strong opposition from ExxonMobil and others within the oil industry, as well as from at least one senior adviser to Vice President Dick Cheney. Endangerment FindingA first step in EPA action to regulate greenhouse gases as pollutants under the Clean Air Act is a determination regarding endangerment to public health or welfare. Under Section 202 of the Clean Air Act, the Administrator must issue regulations for the emission of any air pollutant from motor vehicles "which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare." EPA has some flexibility in factors it considers in making its endangerment finding. In particular, EPA could consider the impact of global warming pollution on public health and welfare or make a narrower finding based upon impacts on welfare (the environment) alone. While there are numerous direct and indirect health impacts from global warming – increasing ozone smog, heat deaths, the spread of infectious disease, injuries and death from severe weather, such as more severe hurricanes – the EPA could focus its decision just on public welfare impacts. April 2, 2008 – One year after the U.S. Supreme Court ruled that EPA has authority to regulate GHG from vehicles, 18 states, three cities and 11 environmental groups returned to federal court to press the U.S. EPA to act on the court-mandated "endangerment finding," a determination that greenhouse gases endanger public health or welfare. March 27, 2008 – U.S. EPA Administrator Steven Johnson responds to Congressional inquiries on the endangerment finding, saying he has issued an "Advance Notice of Proposed Rulemaking" to ensure adequate public comment time. Congress responds that it's more foot-dragging on EPA's part. March 21, 2008 – Industry circulates a memo to Congress that urged members to call the White House to seek a delay in EPA issuing its endangerment finding. March 12, 2008 – Rep. Henry Waxman, chairman, Committee on Oversight and Government Reform, questions White House interference in U.S. EPA's effort to issue endangerment finding. December 17, 2007 – Anti-regulation conservatives lobby the White House against endangerment finding. Proposed 20-in-10 RulePresident Bush outlined a goal to reduce our dependence on oil in his January 23, 2007 State of the Union address. The President specifically referenced reducing gasoline consumption by 20% over ten years through a combination of actions to increase vehicle efficiency and increasing use of renewable fuels. The foundation of the 20-in-10 plan is that "For too long, our Nation has been dependent on oil. America's dependence leaves us more vulnerable to hostile regimes, and to terrorists – who could cause huge disruptions of oil shipments, raise the price of oil, and do great harm to our economy." (Twenty In Ten: Strengthening America's Energy Security, White House Office of Communications) The oil savings goal in the 20-in-10 plan is the equivalent of cutting Middle East oil imports by three-quarters. The President aims to save 8.5 billion gallons of gasoline in 2017 through higher fuel economy standards for both cars and light trucks. This target is the equivalent of raising miles per gallons standards by 4% each year or setting Corporate Average Fuel Economy (CAFE) standards to 34 mpg by 2017. The President also outlined his goal of reducing greenhouse gases and gasoline consumption through an increased Renewable Fuel Standard. The President requested a mandatory fuel standard to require the equivalent of 35 billion gallons of renewable and alternative fuels by 2017 – nearly five times the 2012 Renewable Fuel Standard established in the 2005 Energy Policy Act. On May 14, following the groundbreaking Supreme Court decision in Mass. V. EPA ruling, the President issued an executive order directing the Environmental Protection Agency (EPA), Department of Energy (DOE), Department of Transportation (DOT), and the Department of Agriculture (USDA) to coordinate on developing regulations that will address greenhouse gas emissions from motor vehicles using the 20-in-10 Plan from the State of Union as the starting point. The President set a deadline of December 2008 for the completed regulations. EPA is responsible for leading the multiple-agency effort. EPA will give notice of a proposed rulemaking by the end of 2007, which will begin the process of public comments and public hearings. The EPA is expected issue a final rule by October 2008 to comply with the President's deadline. May 14, 2007 – President Bush Directs EPA to Cut U.S. Gasoline Consumption – UCS News release |