Tuesday, August 20, 2013

EPA has duty to act


Barack,

Why not direct federal departments and agencies to start reducing emissions for each type of pollutant now, such as 10% cuts annually for each greenhouse gas and larger cuts for soot, mercury, etc.

And why not direct states to each make the same cuts. The Environmental Protection Agency (EPA) could monitor progress by states; where a state looks set to miss one or more targets, the EPA could step in by imposing federal fees on applicable polluting products sold in the respective state, with revenues used for federal projects that do reduce pollution.

As the Supreme Court confirmed, greenhouse gases are air pollutants covered by the Clean Air Act, and the EPA has the statutory authority to regulate such emissions.
http://www.supremecourt.gov/opinions/06pdf/05-1120.pdf

Similarly, greenhouse gases are water pollutants and should be acted upon under the Clean Water Act.

The EPA has the authority and the duty to act. Surely, by deciding to share some of this authority and duty with states, the EPA does not overstep its authority. It can and it should do so on condition that states take effective action; such delegation should be withdrawn where states fail to make progress, in which case the duty to act reverts back to the EPA.

Sam Carana

1 comment:

  1. The White House has meanwhile issued a Memorandum directing Executive Departments and Agencies to use more renewable energy. It also says that within 180 days, the Department of Energy will issue an update to its Renewable Energy Requirement Guidance for EPACT 2005 and Executive Order 13423 to address the new requirements created by this memorandum.

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