EPA CAA Email 8.28.03 (d)

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EPA Clean Air Act Authority
FOIA
Email 8.28.03 (d)

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EPA CAA Email 8.28.03 (d)

  1. 1. V~~~~~~~ L~~ ~ Richard P. Theroux 08/28/2003 11:29:14 AM Record Type: Record Paul R. Noe/OMB/EOP@EOP, Phil To: Arthur G. Fraas/OMB/EOP@EOP, Kevin F. Nayland/OMBIEOP@EOP, CooneyfCEQ/EOP@EOP cc: Subject: EPA to Say It Lacks Authority To Regulate Gi eenhouse Gases August 2 8, 2003 11:04 a~m. EDT POLITICS ANDJ POLICY EPA to Say It Lacks Authority To Regulate Greenhouse Gases By JEFFREY BALL Staff Reporter of THE WALL STREET JOU UAL this week that it doesn't The Bush administration is expected to forme ily announce by the end of gases," a think it has the authority to cap emissions of carbon dioxide and other "greenhouse including move likely to intensify a baffle between the administration and environmentalists, some state regulators. authority under the Word from the Environmental Protection Ag nythat it believes it lacks are raising the Earth's nation's Clean Air Act to regulate emissions that some scientists believe of rules: those making it temperature comes just after the agency issued another controversial set antipollution controls. easier for older power plants and factories to be upgraded without costly HEATING UP * EPA's New Rules Ease Power-Plant Upgra lesl1 08/28/03 * Clean Air Act Change Spurs Criticism ofI ush2 08/25/03 * Global Warming Skeptics Are Facing Stor Clouds3
  2. 2. 07/31/03 petition plans on Thursday or Friday to deny a 1999 An EPA official confirmed that the agency on the i -nediately provide further details arguing for regulation, but the official wouldn't agency's specific arguments. little surprise. isn't a p llutant it can regulate comes as The EPA's decision that carbon dioxide suspected force ir dustry to curb emissions of the chief President Bush has long resisted calls to designed to Kyoto Protocol, the international treaty greenhouse gas. And he has rejected the economy. that mandated cuts would hurt the U.S. reduce carbon-dioxide emissions, arguing to lawsuits the administration's first legal response Still, the EPA's announcement will mark se-gas emissions. Armed with that paperwork, seeking to force the agency to regulate greenho to argue take te next step and sue the administration some of those activists now say they will is wrng. that its interpretation of the Clean Air Act dioxide] is a pollutant," says Kert "We have scientists lined up in the wings to tes ify [that carbon the international environmental group. Davies, research director for the U.S. arm of Greenpeace, change everything.' a pollutrnt, it will "If carbon dioxide is legally defined as global-warming baffles across the country. The outcome of this fight could affect various to cap carbon-dioxide emissions. Several Congress is considering controversial proposal action. in hopes of forcing the agency to take similar Northeastern states have sued the EPA along the East Coast are moving to limit Meanwhile, California and several states federal becau, e of what they call inaction by the greenhouse-guas emissions on their own government. as substances that contribute to such problems Traditionally, the Clean Air Act has regulated Assessment, a the International Center for Technology respiratory ailments or smog. But in 1999, Act also filed a petition arguing that the Clean Air Washington-based environmental group, greenhouse gases, including carbon dioxide. requires the EPA to regulate emissions of sus ected that The law requires EPA to regulate- substances A central point in the group's argument: things as it de Fines effects on welfare to include such endanger public health or "welfare," and effects'on weather or climate. to the 1999 and Bush administrations -- didn't respond When the EPA -- under both the Clinton the gy Assessment, joined by Greenpeace and petition, the International Center for Technol response. Sierra Club, sued the EPA last year to force California Legislation May Be Affected emissions of greenhouse gases. Since then, The 1999 petition addressed only automotive
  3. 3. gas emissions from a variety of sources, however, states have sought to limit greenhouse- w cs. Automobiles and pwrpat r h including power plants, in addition to cars and in t e U.S. Carbon dioxide is produced by the biggest sources of carbon-dioxide emissions pla it or gasoline in an auto engine. burning of fossil fuels -- say, coal in a power e "just shows this administration is continuing The EPA's decision not to regulate carbon dioxi ich law, and which good policy suggest we to ignore global warming, which all science, w of the environmental protection bureau of should be addressing quickly," said Peter Lehnei , chief of the states that has sued the EPA to regulate the attorney general's office for New York, one e got their heads in the sand on this." power plants' carbon-dioxide emissions. "They'N a3 the latest example of the Bush administration Environmentalists criticized the EPA decision the big polluters in the auto; coal and oil helping industry. "This is another big favor for the Natural Resources Defense Council, a New industries," said David Doniger, a lawyer for York-based environmental group. raifications in California, where the legislature The EPA's decision is likely to have particular has e: issions from automobiles. The auto industry has passed a state law to limit carbon-dioxide once the state finalizes the law's details; the said it plans to sue the state to block that law aback-door state effort to regulate fuel economy, industry argues the California law amounts to the nation's fuel-economy law. an authority that's reserved for Washington under ye argued that the state has authority under the California regulators, and environmentalists, h But Alan Lloyd, head of the California Air Clean Air Act to regulate carbon-dioxide ernis, ions. agency, said the EPA's ruling could jeopardize Resources Board, the state's clean-air regulator that effort. mia," he said, though he noted he hadn't yet seen "This could have a significant impact for Calif the again, you see Washington basically ignoring the EPA's decision. "What's devastating is, yet states doing what they can to protect the science and, in some cases, stepping up to stor environment."

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