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Latest Bush Midnight Ruling Could Cripple Global Warming Controls

December 20th, 2008 Leave a comment Go to comments

Bush EPA rejects regulation of carbon dioxide pollution – move designed to speed approval of new coal plants

The Bush administration has come under widespread criticism for a series of last minute changes that would gut various environmental regulations. They have been dubbed the “MidNight rules” (see:
Can Obama Reverse Bush’s Midnight Rules?
http://www.propublica.org/article/politico-can-obama-reverse-bushs-midnight-rules
Last Call for the Bush Administration (Bill Moyers)
http://www.pbs.org/moyers/journal/11212008/profile3.html
Midnight rules – Bush “Burrowing” in bureaucracy
http://blog.nj.com/njv_bill_wolfe/2008/11/bush_hacks_burrowing_in_federa.html
But in a quiet move that has received far less critical news coverage, on Thursday, outgoing Bush Environmental Protection Agency head Stephen Johnson issued by far the worst “midnight ruling”.
According to the New York Times Business page, Johnson ruled that
“Officials weighing federal applications by utilities to build new coal-fired power plants cannot consider their greenhouse gas output …
“a memorandum issued by Mr. Johnson late Thursday puts the agency on record saying that carbon dioxide is not a pollutant to be regulated when approving power plants.

E.P.A. Ruling Could Speed Up Approval of Coal Plants
http://www.nytimes.com/2008/12/19/business/19coal.html?_r=1
The decision could have HUGE impacts. The NY Times reports that
“Vickie Patton, deputy general counsel of the Environmental Defense Fund, estimated that as much as 8,000 megawatts of new coal-fired power plants could win swifter approval as a result of the ruling.”

Lisa P. Jackson, Commissioner NJ Department of Environmental Protection speaks before the NJ Clean Air Council

This latest pro-polluter Bush move dumped a major problem in the lap of Lisa Jackson, Obama’s nominee to head the EPA.
Although Jackson is touted as a leader on global warming, few realize that she has done nothing to regulate green house gas emissions as NJ DEP Commissioner, despite having existing regulatory authority to do so. The Jackson record amounts to the same as the Bush policy – no regulation, no action, no reductions.
As documented by NJ DEP’s recently released global warming plan, in 2005, DEP adopted EXACTLY the kind of regulations just rejected by the Bush EPA Administrator. The DEP states:
“CO2 as a Pollutant
In November 2005, New Jersey adopted a new regulation under the authority of New Jersey’s Air Pollution Control Act to classify CO2 as an air contaminant. This rule enables the State to implement its responsibilities under the RGGI (discussed in greater detail below) and to enact additional rules to reduce CO2 emissions from other sectors as necessary. It also sends a powerful message in light of the federal government’s failure to regulate CO2 under its existing Clean Air Act Authority. New Jersey also added CO2 as an air pollutant in its emission statement program requirements. The emission statement program require the annual reporting of actual emissions of about 50 air contaminants by approximately 700 of the largest stationary sources of air pollution in New Jersey.” (page 100)
http://www.nj.gov/globalwarming/home/documents/pdf/final_report20081215.pdf
Jackson has done nothing with this power, other than – as DEP so crudely puts it – “to send a message”.
All the media praise and cheerleading by environmental groups is not helping get the word out on this complex issue and hold Jackson accountable for her failure to regulate green house gas emissions.
The Senate confrmation process of the Jackson EPA nomination MUST probe this question and pin her down on her failed NJ record.
Members of the the Senate Committee must demand that Jackson commit the Obama administration to reversing the Bush ruling and adopting strong regulations of green house gas emissions.
This will not happen unless and until Jackson’s NJ record on the same issue of regulatory controls of green house gas emissions is exposed.

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