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On Thursday, Rep. Henry Waxman (D-CA) convened the House Oversight and
Government Reform
Committee
to delve into whether the EPA acted properly
in approving a permit for a coal-fired power on tribal land in Utah—its
first such decision since the Supreme Court’s determination that
CO2 is an air pollutant—despite the continued
opposition of several environmental groups. Readers can check out the
committee’s website for
complete video of the fireworks-filled hearing and all testimony.
The hearing’s central witness was EPA
Administrator Stephen Johnson, who
testified
that because EPA is still in the process of
formulating regulations in response to Mass. v. EPA,
CO2 is, for the time being, still not a
“regulated pollutant” under the Clean Air Act—and thus, EPA “simply
lacks the legal authority…to impose emissions limitations for greenhouse
gas emissions on power plants.”
Under intense questioning, Johnson continued to stand by his basic
talking points, arguing again that EPA’s
failure to regulate CO2 keeps it from even
beginning to consider it in assessing proposed power plants. Reporting
on the hearing, Ryan Grim of the Politico parses Johnson’s testimony
and sees
something beyond
legal reasoning possibly at play here:
Johnson has a tight line to walk: He has to show that he’s in
compliance with the Supreme Court ruling while not committing to doing
too much. “I have to abide by the law as it’s written today,” Johnson
says.
He also thinks that “we must continue to improve our knowledge of the
science,” but promises that the EPA is
“developing regulations to pursue it from a regulatory standpoint”
using a “deliberative and thoughtful process.”
Democrats aren’t buying. “No, you’re not,” Rep. John Tierney (D-Mass.)
tells him flatly. “You’re looking for any avenue you can to avoid
doing it.” Several Democrats bring up the
EPA’s long-running refusal to approve a
waiver for California to enact its own carbon regulation scheme.
The primary argument against Johnson’s take was
provided by
David Doniger of the National Resources Defense Council (NRDC), who
asserted that EPA does have a mandate to
move forward, and in doing so should have quickly concluded that new
coal-fired plants ought not be approved without significant mitigation
strategies. In doing so, Doniger cites several decisions by businesses
and state regulators indicating that concrete action is possible, and
summarizes the four main arguments of environmental organizations’
latest formal comments objecting to EPA’s
decision: