Few
would disagree that the fairest, most effective strategy for reducing
greenhouse gas emissions linked to climate change would be legislation
that puts a price on carbon and stimulates a shift toward cleaner, more
secure energy sources.
Setting emissions limits through
Environmental Protection Agency regulations would be a less flexible,
less effective means of addressing climate change.
Until the
details of legislation that has a reasonable chance of passing both
houses of Congress are known with a strong degree of certainty,
however, now is not the time to pass legislation that would curtail
EPA’s authority to limit greenhouse gas emissions under the Clean Air
Act.
When Congress returns to work, the Senate may take up
curtailment legislation, possibly as an amendment to a bill raising the
federal debt ceiling. Such action would be premature. Congress would be
better off letting the "tripartisan trio" of Senators Lindsey Graham,
John Kerry, and Joseph Lieberman work through their promising
negotiations to develop legislation that has a decent shot of securing
bipartisan support.
Last year, EPA adopted an "endangerment"
finding following the U.S. Supreme Court’s 2007 decision ordering the
agency to review the impacts of greenhouse gases on public health and
welfare. While adoption of the finding does not necessarily mean that
greenhouse gas emissions standards must automatically follow, EPA is
legally required to implement a vehicle emissions standards agreement
that the administration and the auto industry concluded last year.
Concerns
have been raised that EPA might impose greenhouse gas emissions control
requirements on small businesses that would be costly and difficult to
comply with. Congress could easily hold the administration to its
promise to steer clear of regulating small business by limiting EPA’s
greenhouse gas emissions control authority to power plants, refineries,
and other very large emitters.
U.S. international credibility
is at stake. The U.S. must continue pressing large developing nations
to make good on their emissions reduction promises and to strengthen
them. Curtailing EPA’s authority in the absence of climate legislation
would weaken U.S. leverage towards that end.
The best thing
Congress could do right now would be to move forward expeditiously
towards passing comprehensive, bipartisan climate and energy
legislation that would stimulate job creation, reinforce U.S.
technological leadership, protect public health, and reduce America’s
vulnerability to dangerous oil-exporting regimes.
