CLIMATE:

Obama's early agenda linked to court rulings -- Jackson

E&ENews PM:

Advertisement

U.S. EPA Administrator designee Lisa Jackson offered a first glimpse today into the incoming Obama administration's global warming agenda by outlining an intertwining series of rules and possible bills that it hopes to use to curb greenhouse gas emissions and other traditional air pollutants.

At her confirmation hearing before the Senate Environment and Public Works Committee, Jackson pledged quick action to review controversial decisions by the Bush-era EPA and noted that the courts have already decided much of the agency's early agenda.

Transition of Power: The Obama Administration

"Much of the initial agenda for the EPA administrator and EPA is now set by court decisions," Jackson said, citing the Supreme Court's April 2007 opinion on global warming and a pair of federal appellate rulings that overturned the Bush administration's signature efforts on power plant emissions.

"All of those things together mean there'll be an extraordinary burst of activity, not just at EPA, but also potentially from Congress," she said. "I think there's tremendous opportunity in those imperatives to move forward together, to move forward so we build on each other, rather than work across purposes."

Jackson did not respond directly when asked if the Obama administration planned to produce a formal legislative plan on global warming. But she did repeat Obama's preference for a cap-and-trade program, as opposed to a carbon tax, as a lead policy tool. "I'd certainly be open to discussions," Jackson said. "I do not want to forestall discussions of carbon taxes. The president-elect said the cap-and-trade program is a good way to go."

Within days of taking office, Jackson will be faced with several key decisions. She pledged to take another look at the Bush EPA's decision to deny California's request for a waiver to regulate greenhouse gas emissions from motor vehicles, a move that would clear 19 other states to follow suit.

"You have my commitment," Jackson said. "I would immediately revisit the waiver, looking at the science and rule of law and relying on the expert advice of EPA's employees in making a determination."

Jackson also gave a strong signal that she would collaborate with Congress as she goes to work on global warming regulations under the Supreme Court precedent from Massachusetts v. EPA, which ordered the agency to re-examine its decision about the science linking greenhouse gases to increased threats to public health or welfare.

"The Supreme Court has ordered EPA to make a finding, and EPA has yet to do it," Jackson said. "When the finding happens, when EPA makes a decision on endangerment, let me put it that way, it will indeed trigger the regulation of CO2 for this country. And that means an extraordinary amount of communication with this committee and interaction with you."

Citing Obama's promise of greater government transparency, Jackson also said she was leaning toward making the EPA endangerment finding public pending a discussion with the agency's lawyers. "In fulfilling a commitment to move toward making that finding, we'd be reviewing the background information and then making it public as part of the record."

Jackson also acknowledged EPA's tardiness in completing a greenhouse gas registry under deadlines spelled out more than a year ago in law. "My commitment, if confirmed, would be to jump-start that rulemaking," she said. "It's certainly an important step. It's not the only one. But an important one to know where we're going on the science of CO2."

Senate Republicans warned Jackson about the potential economic effect from EPA regulations on global warming. For example, Sen. John Barasso (R-Wyo.) said he is hearing concerns from ranchers in his home state about the prospect of EPA climate regulations under the Clean Air Act for farmers, calling it "a disaster waiting to happen."

But Jackson did not flinch. "What's very important here is recognizing that there'll need to be a look across the economy at sources, but also a reasonable look," she said. "One thing I can certainly pledge is that we'll be reasonable, and thoughtful and deliberate about moving toward a regulatory environment that addresses CO2. I'm sure cattlemen and ranchers are not the only people who are worried. Many people across our economy are worried about what it means if we embark on this new world for CO2 restrictions.

Environment and Public Works Chairwoman Barbara Boxer (D-Calif.) today released a report recommending a series of quick moves that Jackson could make on climate change if confirmed, including the California waiver and the endangerment finding.

After Obama's inauguration, Boxer said she would convene a briefing of top administration environmental officials to get a clearer picture on how to proceed on climate change. While anxious to begin work on the issue, several Democrats said they would remain patient during the transition.

"We haven't even started the Obama administration yet," said freshman Sen. Jeff Merkley (D-Ore.). "Clearly, they're going to be putting together their plans. I think it's absolutely clear that the Obama team is going to work very closely with the Senate and House to take on global warming."

Senators also asked for a explanation of how the Obama team would handle big environmental decisions, given the position created for former EPA Administrator Carol Browner as special White House adviser on climate and energy.

"There are titles, but there's nothing else in terms of an organization chart to tell me how this is all going to work itself out," said Sen. Sheldon Whitehouse (D-R.I.).

Jackson and Nancy Sutley, Obama's pick to chair the White House Council on Environmental Quality, both testified that they would be charged with upholding any laws related to their specific departments. Of Browner, a former EPA administrator for eight years under President Bill Clinton, Jackson said, "Her advice and counsel is something I'd seek."

Boxer said that Senate confirmation for both Jackson and Sutley is expected as early as Tuesday, just hours after Obama's inauguration. But the two environmental officials must respond by Friday to a series of the senators' written questions.

Click here to read the report.