Only in this Administration…
Monday, July 28th, 2008
So apparently the Bush administration has figured out a new way of getting around those tricky executive agency reports and recommendations - they simply ignore them! On June 25, the New York Times reported that the Bush administration decided they didn’t need to read the EPA’s report on carbon emissions, so they simply ignored the email containing the document.
Written in response to the 2007 Supreme Court ruling re: Massachusetts Et Al. v. Environmental Protection Agency Et Al., the EPA report concluded that greenhouse gases produced are harmful pollutants, a danger to people and to the environment, and must be controlled. Before the court handed down its April 2007 decision on the matter, the EPA had refused to determine whether greenhouse gases were pollutants and subject to regulations laid out under the Clean Air Act. Because of this (in)decision, the EPA promulgated a lack of regulatory authority over matters pertaining to the environmental impact of greenhouse gases.
In an effort to force the federal agency to regulate carbon dioxide and other greenhouse gase
s as pollutants, Massachusetts Et Al. (consisting of 12 states, 3 cities, 13 organizations and America Samoa) sued the EPA, the Alliance of Automobile Manufacturers, National Automobile Dealers Association, Engine Manufacturers Association, Truck Manufacturers Association, CO2 Litigation Group, Utility Air Regulatory Group, and 10 carbon emitting states in federal court. Arguing that greenhouse gases are pollutants and must be regulated, as mandated under the Clean Air Act, Massachusetts Et Al. brought suit in an effort to force the EPA to begin regulating the pollutants.
In the 5-4 decision, the Supreme Court determined that the EPA must in fact make a determination as to whether greenhouse gases pose a danger to people and the environment:
In short, EPA has offered no reasoned explanation for its refusal to decide whether greenhouse gases cause or contribute to climate change. Its action was therefore arbitrary, capricious, . . . or otherwise not in accordance with law. We need not and do not reach the question whether on remand EPA must make an endangerment finding, or whether policy concerns can inform EPA’s actions in the event that it makes such a finding. We hold only that EPA must ground its reasons for action or inaction in the statute.
In response to the court’s findings, the EPA drafted a report which conclusively determined that greenhouse gases are pollutants according to the Clean Air Act, and must be regulated and controlled to avoid further harming people and environment. Once submitted to the White House for review however, the report ended up in a kind of email-purgatory, where it sat unread and lacking official status. I guess it would have been hard for the President to claim that Barney ate his email, so instead he just pretended that he never got the message.
So instead of being forced to read the report and accept the fact that it really is the EPA’s job to regulate carbon emissions, the administration, by stonewalling, prompted the EPA to go back and revise their original report. Since receiving the original report (but not reading it), the White House put pressure on the EPA to scale back their findings, and draft a new, less conclusive version. The new report reviews the legal and economic issues presented by declaring greenhouse gases a pollutant, but offers no recommendations and does not conclusively classify greenhouse gases as pollutants.











