Regulation
The Georgetown Climate Center tracks federal climate and energy regulation that affects U.S. states. The Center also seeks to improve communication and coordination between states and federal agencies.
Currently, the Center is providing analysis and assistance to states and federal agencies in the wake of the EPA's endangerment finding and recent court rulings that call upon the federal government to regulate greenhouse gas emissions.
News and Updates
Murkowski Vote Reportedly Scheduled for June 10
Posted May 25, 2010A Senate vote that seeks to overturn the EPA's "endangerment finding," which enables the agency to regulate greenhouse gases, is scheduled for June 10, lead sponsor Sen. Lisa Murkowski (R-AK) said Monday.
The announcement came after Murkowski reportedly reached an agreement with Majority Leader Harry Reid (D-NV) on the timing for the floor vote.
From ClimateWire:
“Reid and I have agreed on the time,” Murkowski said yesterday. “Until it’s typed down in language, nothing is locked in solid, but the agreement that we have that was reached this afternoon was to go for the 10th.”
Murkowski’s resolution needs 51 votes to pass the Senate. She currently has 41 co-sponsors for the resolution, including three Democrats.
Obama Directs EPA and DOT to Set New Fuel Efficiency Standards for Cars and Trucks
Posted May 21, 2010At a Rose Garden ceremony today, President Obama directed the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) to create a new national policy to increase fuel efficiency and decrease greenhouse gas emissions from all medium- and heavy-duty trucks in model years 2014-2018.
Currently, trucks consume more than two million barrels of oil every day and emit 20 percent of greenhouse gas pollution related to transportation.
The President also called for a strengthening of standards for cars and light-duty trucks made in 2017 and beyond.more ↓
From the NY Times:
“Today’s announcement is an essential part of our energy strategy, but it’s not a substitute for other necessary steps,” Mr. Obama said in a Rose Garden ceremony on Friday, flanked by auto and truck manufacturers. He repeated his hope that Congress will pass an energy bill by the end of the year. “In the meantime,” he added, “I’m going to take every sensible, responsible action that I can take using my authority as president.”
The announcement comes one year after the Administration reached an agreement to increase fuel efficiency and reduce greenhouse gas emissions for all 2012-2016 new cars and light-duty trucks.
You may watch the announcement in the video below:
EPA Issues Final Tailoring Rule for Greenhouse Gas Emissions
Posted May 13, 2010The Environmental Protection Agency today announced the final rule needed to regulate greenhouse gas emissions from the largest stationary sources under the Clean Air Act.
The regulations will include facilities like power plants and oil refineries that are responsible for 70 percent of greenhouse gases from stationary sources while excluding millions of small businesses and farms.
“After extensive study, debate and hundreds of thousands of public comments, EPA has set common-sense thresholds for greenhouse gases that will spark clean technology innovation and protect small businesses and farms,” said EPA Administrator Lisa P. Jackson. more ↓
The phased-in regulations will start in January 2011 with large facilities that are already obtaining Clean Air Act permits for other pollutants and that increase greenhouse gas emissions by at least 75,000 tons per year. In July 2011, Clean Air Act permitting requirements will expand to cover all new facilities with GHG emissions of at least 100,000 tons per year and modifications at existing facilities that would increase GHG emissions by at least 75,000 tons per year.
Today’s announcement comes after numerous elected officials in both parties have said they would prefer reduce greenhouse gas emissions through legislation, and Sen. John Kerry (D-MA), who unveiled the American Power Act yesterday, quickly used the opportunity as a rallying cry for a comprehensive climate and energy bill.
“Today we went from ‘wake-up call’ to ‘last call’ on the urgency of Senate action on comprehensive energy and climate legislation. The Obama Administration has again reminded Washington that if Congress won’t legislate, the EPA will regulate,” said Sen. Kerry. “Those who have spent years stalling need to understand: killing a Senate bill is no longer success. And if Congress won’t legislate a solution, the EPA will regulate one, and it will come without the help to America’s business and consumers contained in the American Power Act.”
Sen. Lisa Murkowski (R-AK) said Tuesday she plans to move forward with a vote on her resolution that seeks to overturn the EPA’s authority to regulate greenhouse gas emissions.
Murkowski Will Seek Vote on EPA Resolution In the Next Month
Posted May 12, 2010Sen. Lisa Murkowski (R-AK) said Tuesday she would seek a vote on her resolution to halt EPA climate regulations during the next month. Under Senate rules, Murkowski has the ability to call for a floor vote on her resolution, but she must act before a procedural deadline of June 7.
From E&E News PM (subscription only):
"Next week is a possibility; this week is a possibility," Murkowski said. "Anything before June 7, and as I understand, if the legislative schedule changes much, it could be a little bit later."
The resolution seeks to overturn EPA's "endangerment" finding, a determination that opens the door to rules covering everything from cars and light trucks to power plants and other major industrial sources.
Some lawmakers and industry groups have thrown their support behind Murkowski's proposal, arguing that EPA climate regulations will be overwhelmingly burdensome on the economy and regulators. Murkowski's resolution has 41 co-sponsors, including three moderate Democrats. She would need 51 votes for the measure to clear the chamber.
Senate Climate Bill May Expand Preemption of State and EPA Authority
Updated April 16, 2010Senators John Kerry (D-MA), Joseph Lieberman (I-CT), and Lindsey Graham (R-SC) continue to work on a compromise climate bill that would block EPA regulation of greenhouse gases under the Clean Air Act and potentially expand preemption of state authority.
The extent of the state preemption is not yet clear, but Inside EPA reports that the three senators appear to be weighing a plan to extend the duration of preemption of state greenhouse gas cap-and-trade programs beyond the 2017 timeline in House-passed climate legislation in “at least a partial response to long-time demands from industry who have urged the lawmakers to go even further and make such preemption permanent.”
Ten Democratic senators also recently called for state preemption in an industry-friendly letter, which pushed for additional protections for U.S. manufacturers from foreign competitors, federal loan guarantees to help U.S. companies develop cleaner energy, and federal dollars to protect manufacturers "from spikes in energy prices." more ↓
From Inside EPA (subscription only):
The source says the Senate trio is using the House preemption language as a starting point, and is “looking at” an approach that would preempt state programs for a longer time-frame than laid out in the House bill but not necessarily make that preemption permanent. The source says the lawmakers have also been resisting the idea of preempting states' ability to implement other initiatives besides state trading programs, such as building efficiency standards or motor vehicle emissions limits, which would need EPA approval.On the separate issue of EPA authority to develop GHG regulations, industry sources briefed on the emerging Senate proposal have previously said it is likely to go at least as far, and perhaps farther, than House legislation in preempting several key agency authorities on climate.
Other reports suggest that even greater state preemption remains a possibility. Draft legislation is expected to be unveiled on April 26.
EPA Transportation Study Shows How to Curb GHG Emissions
Posted March 25, 2010The 56-page EPA study shows that a suite of initiatives to increase fuel efficiency and cut demand in the transportation sector could reduce greenhouse gas emissions by up to 1 billion metric tons per year by 2030.
EPA air chief Gina McCarthy discussed the findings during a March 24 Senate Environment & Public Works Committee hearing. more ↓
Inside EPA reports that “McCarthy noted that projected oil savings of 4 million to 7 million barrels per day represent a third to more than half of current oil imports and that GHG cuts would result in up to a 40 percent drop in transportation sector emissions compared to business-as-usual projections.”
The report came in response to a request from Sen. John Kerry (D-MA) for more information on the effect of complementary policies for the transportation sector included in the House-passed cap-and-trade bill.
States Take Sides in Endangerment Court Fight
Posted March 19, 2010Thirty five states have asked a federal appeals court to become parties in a legal challenge that asks the U.S. Circuit Court of Appeals for the District of Columbia to review EPA’s “endangerment” finding. The finding cleared the way for the agency to regulate greenhouse gas emissions.
States that have asked to intervene on behalf of the EPA are Arizona, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington. more ↓
States that have asked the court to intervene in opposition to the EPA are Alabama, Alaska, Florida, Hawaii, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and Virginia.
Below are links to some of the state requests to intervene, courtesy of Greenwire (subscription only):
| States' Requests to Intervene | |
| States | Requests (PDF) |
| Pennsylvania DEP and Minnesota | Link |
| Massachusetts, et al. | Link |
| Alaska | Link |
| Michigan | Link |
| Nebraska, et al. | Link |
| Texas | Link |
| Virginia | Link |
| Alabama | Link |
Murkowski Vote "On Hold" Pending Rockefeller Effort
Posted March 12, 2010The Hill reports that Sen. Lisa Murkowski (R-AK) has put her attempt to block EPA regulation of greenhouse gases on hold while “she watches the progress of Sen. Jay Rockefeller’s (D-W.Va.) less aggressive plan to do the same thing.”
Murkowski has 40 co-sponsors for her resolution. more ↓
From The Hill:
“At this point in time we are kind of on hold,” she told reporters this morning. Murkowski doesn’t think a two-year pause is sufficient but nonetheless has signaled support for Rockefeller’s effort.“I am going to look and see if he’s working to advance that,” Murkowski said. “We’ll see if he’s serious about moving this.”
Sen. Rockefeller Seeks to Delay EPA Action on GHGs for Two Years
Posted March 4, 2010Sen. John Rockefeller (D-WV) introduced legislation that would impose a two-year freeze on the EPA’s ability to regulate greenhouse gases form power plants and stationary sources. The Stationary Source Regulations Delay Act (S.3072) would also prevent the Environmental Protection Agency from doing any work to prepare for implementation of such rules, meaning the moratorium would actually delay the implementation even longer than the two-year time period.
The New York Times reports the legislation is intended to provide “a timeout of sorts that they think gives Congress time to pass legislation dealing with the issue.”more ↓
Rockefeller is one of several coal-state Democrats that have joined with Republicans in voicing concerns about federal climate-and energy bills and EPA regulation of greenhouse gases.
Companion legislation in the House (H.R.4753) is being sponsored by Rep. Nick Rahall (D-WV), Rep. Alan Mollohan (D-WV) and Rep. Rick Boucher (D-VA)
Sen. Lisa Murkowski (R-AK) has also been pushing a resolution that would overturn EPA's "endangerment" finding on greenhouse gases.
California, Other States Threaten to Implement Strict Vehicle GHG Rules if EPA Is Preempted
Posted February 25, 2010Inside EPA reports that California and eight other states are threatening to implement strict greenhouse gas (GHG) emission standards for passenger vehicles if the Senate approves controversial legislation to overturn the EPA’s “endangerment” finding that enables the agency to regulate greenhouse gas emissions.more ↓
From Inside EPA (subscription only):
In a Feb. 23 letter to Senate Majority Leader Harry Reid (D-NV) and Senate Minority Leader Mitch McConnell (R-KY), environmental officials from the nine states argue a “resolution of disapproval” introduced by Sen. Lisa Murkowski (R-AK) that would invalidate EPA’s endangerment finding would also prevent the federal program for vehicle GHG standards from being finalized. Joining California Air Resources Board Chairwoman Mary Nichols on the letter are the heads of the environmental departments in Connecticut, Maine, Massachusetts, New Mexico, New York, Oregon and Rhode Island.“As you know, under this program, EPA proposed federal GHG standards for vehicles that will be roughly equivalent to both the federal corporate average fuel economy (CAFE) standards and the GHG standards pioneered by California and adopted by 13 other states and the District of Columbia,” the letter states. “The existence of comparable federal GHG standards, in turn, would allow our states to accept compliance with the federal program as demonstrating compliance with the California program.”
