This is pretty good news. It’s important to note that the death of climate legislation does not mean the death of carbon regulation. It just moves it into a new phase, where the EPA takes the lead. And the Administration will protect that privilege:
President Barack Obama would veto legislation suspending the EPA’s plans to write new climate change rules, a White House official said Friday.
Coal-state Democrats, led by Sen. Jay Rockefeller (W. Va.), Reps. Rick Boucher (Va.) and Nick Rahall (W. Va), are trying to limit the federal government’s ability to control greenhouse gases from power plants.
The coal-state proposals, which would block the Environmental Protection Agency’s authority for two years, would undercut what is widely seen as Obama’s alternative climate policy, now that Congress has punted on cap-and-trade legislation for the year. The Obama aide said the proposals won’t win the president’s signature if they managed to pass on Capitol Hill. Rockefeller’s bill is expected to reach the Senate floor at some point this year.
All those lawmakers who want Congress and not “unelected bureaucrats” to determine climate policy had their chance, and failed. So now, it’s the EPA’s turn. And I’ll bet energy interests aren’t going to like what they come up with as much as they like the opportunity to deal with a captured Congress.
While the courts will surely get involved in the EPA’s rulemaking, the EPA is merely following a 2007 Supreme Court ruling mandating that they regulate greenhouse gas emissions. So industry, Republicans and coal-staters can stamp their little feet all they want, but the White House will follow the law.
Good for them. Dave Roberts said the day the climate bill died that the EPA is basically the last hope, and the necessary outcome of a process where coal-staters refused to budge.
Protecting the EPA is now job one for progressives: Murkowski already tried to block EPA on carbon. Rockefeller’s going to try again shortly, and his bid is going to be even trickier to block than hers. The EPA’s ability to act must be protected. It won’t be as comprehensive, as economically efficient, or as socially cooperative as smart climate legislation would have been, but it will reduce carbon. And you know what? Senators from coal-heavy states have poorly served their constituents, so as far as I’m concerned, they deserve a big ol’ EPA boot to the ass. They made this bed, they can sleep in it.
It’s possible that industry will come back to the table with a new proposal. And while any Congressional legislation on carbon caps is dead, some demand-side measures like a renewable energy standard might get revived. While Senate Democrats wanted to block all amendments originally, that could be changing, and a few could sneak through. Tom Udall, Jeff Merkley and others in the Senate believe that they could get Republican support for a decent RES, beyond the pitiful one in the Bingaman ACELA bill.
But on carbon regulation, the EPA is king. And it’s entirely the fault of coal-state Democrats and Republicans who didn’t believe the threat credible. Well, tough. EPA will now become your worst nightmare, and you caused it.
UPDATE: A case in point: the EPA has just issued a ruling incorporating environmental justice into their rulemaking considerations. From the release:
“Historically, the low-income and minority communities that carry the greatest environmental burdens haven’t had a voice in our policy development or rulemaking. We want to expand the conversation to the places where EPA’s work can make a real difference for health and the economy,” said EPA Administrator Lisa P. Jackson. “This plan is part of my ongoing commitment to give all communities a seat at the decision-making table. Making environmental justice a consideration in our rulemaking changes both the perception and practice of how we work with overburdened communities, and opens this conversation up to new voices.”
That’s the new authority over GHG mitigation which Jay Rockefeller and Ben Nelson and the rest just empowered. Deal with it.





11 Comments


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Let’s just hope the Bush Burrowers are not involved in the Regulation making process too much
Yeah, Lisa Fucking Jackson has really proved herself a tough-on-corpo’s regulator in the Gulf disaster. Let’s give her team all the carbon power they can handle.
And sit back and wait, I’ll bet.
We’ll see.
Here’s a whiff from GoM.
http://countrymouse1.livejournal.com/93955.html
There are not a whole lot of Bush burrowers at the EPA. That is because EPA employees really have been committed to saving the environment and resisted efforts of the Bush administration to weaken it. Had there been Bush burrowers, the greenhouse gas determination never would have seen the light of day.
Any new draft regulations will be published in the Federal Register and anyone, including the general public will be able to comment on them. It’s a worthwhile effort to redress the balance of industry comments.
I’d expect the Obama administration to use this power for extortion. If you give to Obama and his friends, you’ll get a pass, but if you don’t then you’ll have the EPA come after you.
Banning coal-mining and coal-burning would help.
Uh-oh. Tough talk from Obama usually means he is about to screw us in some way.
Maybe he’s trying to dull the impact by declaring this veto threat now so that when his back-room deal with the energy giants comes to light, he can claim he tried–oh so hard–to regulate carbon but he–now say it with me–”Didn’t have the votes.” Or maybe it was the media’s fault. The times we live in? Glen Beck might be mean to him? I’m sure he’ll come up with a good reason to ignore his veto threat and sign something business-friendly into law.
But, if he indeed is serious, then I’ll be the first to congratulate him for finding his balls. It is about time!
Jackson can do only what she has legal authority to do, and she can’t invent regulations on the spot to prevent a company from using a product that is legal under the current regulations. All she can do is persuade, and there was too much money on the table for BP to say yes.
What she has done already is issue a formal determination that carbon dioxide and other greenhouse gases are pollutants. That is what some in Congress want to undo. My understanding is that they are drafting regulations for greenhouse gases. You can have some oversight over her work when those regulations hit the Federal Register. You will know when that happens because industries will scream. After you read the drafts you might have legitimate reason to complain. We’ll wait and see.
All in due time. The EPA last year made the formal determination that greenhouse gases are pollutants. That is the first step. The last step will be finding enough votes to overrule coal state members of Congress.
People who follow her much closer than I warned me very early on that she was a horrible choice to head the EPA. I’ve seen nothing to contradict that. Her performance before Congress was shameful and Abu-quality. She needs to resign.
I don’t need to wait to watch her fail to enforce the regulations she’s given; she’s failed already and should be shown the door. Why wait for her to fail again under an entirely new set of circumstances?
She’s gotta go.