Watching the EPA and the Senate dance around climate change makes for a fascinating game of politics. However, it's all too easy to assume that the dance itself is the only interesting part, while ignoring the policy implications of regulation of carbon emissions. Simply put, the EPA has just put the Senate on notice that, with respect to carbon emissions, "if you don't do it, I will!"
ACES is the other half of President Obama's domestic policy agenda (health care being the first). The House passed its version of ACES, known colloquially as Waxman-Markey and HR 2454, in June, and the Senate has been stalling ever since. The Senate began yesterday with an official statement, via Reuters:
U.S. Senate Democrats on Monday said they will delay introducing a climate change bill for a few weeks and set a goal of unveiling legislation "later in September."
They (Boxer and Kerry) had intended to introduce the bill next week when the Senate returns from a monthlong recess. The delay, they said, is related to the Senate's focus on healthcare legislation, as well as the death of Senator Edward Kennedy and hip surgery Kerry had this month.
This morning, Lisa Jackson of the Environmental Protection Agency responded by PA asserting that the EPA intends to regulate carbon emissions soon:
EPA Administrator Lisa Jackson told reporters that a formal "endangerment finding," which would trigger federal regulations on greenhouse gas emissions, probably would "happen in the next months."
Jackson announced her timeline even as top senators said they were delaying plans to introduce legislation that would set new limits on carbon dioxide emissions. Senators had been scheduled to unveil legislation next Tuesday, but the date has now been pushed back to later in September.
Or, as my eight year old son was once overheard when exhorting my ten year old son to swipe the whole package of Oreo cookies from the kitchen: If you don't do it, I will! More politically astute minds than mine might even note the placement of the announcement from Jackson, a New Jersey native, in the San Francisco Chronic Ill Chronicle, the more-or-less-hometown newspaper of Boxer.
The EPA has been threatening promising to regulate carbon emissions since, at least, April, when it issued its proposed endangerment findings (26 page pdf). Again, the politically astute may note that Waxman-Markey passed the House within two months of the EPA's announcement. Public hearings have been held, 300,000 comments have been received, and every lawyer on staff knows that it's going to be sued no matter how regulations are written (rumors include a "small source exemption" and a limitation to tailpipe emissions). Today's announcement by Jackson is a way of reminding Boxer and Kerry that "if you don't do it, I will!"
I see certain benefits to the EPA approach only because Waxman-Markey was watered down by Blue Dogs, Congresscritters from coal states, and interests in less-than-perfect harmony with the goal of 350 ppm. On the other hand, EPA regulations are likely to be tied up in years of litigation. Further, if we yell louder! and pay attention to ACES as it moves through the Senate, we may influence Senators to improve on Waxman-Markey...which is why Kossacks interested in affecting climate change legislation have begun a variation on a whip tool, Adopt a Senator For ACES. Someone has to say "If you don't do it, I will!" Join us on GreenRoots for the details how.
GreenRoots is a new environmental series created by Meteor Blades and Patriot Daily for Daily Kos. This series provides a forum for discussing -- and acting on -- all environmental issues.