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Environment Update
November 17, 2000
Volume I, Number 4a
Regulation of Greenhouse Gases
In a November 11 internet address, President Clinton called for new regulations on the emissions of carbon dioxide (CO2) and mercury. The market-based program, would establish a "cap and trade" system that would set national limits on power plant emission of sulfur dioxide (SO2), CO2, mercury and nitrogen oxides (NOx) and would allow for emissions trading. A "cap and trade" approach is currently being used to reduce SOx and in NOx emissions. Senator Bob Smith (R-NH), chairman of the Senate Committee on Environment and Public Works has been working to draft similar legislation for consideration by the 107th Congress, according to committee staff.
Supreme Court Hears EPA v. American Trucking Association Inc., et al
On November 7, 2000 the U.S. Supreme Court heard oral arguments on Environmental Protection Agency v. American Trucking Associations. The case raises the question: Did the Clean Air Act (CAA) provide enough guidance in setting the levels of pollutants-enough to result in an unconstitutional delegation of legislative power in to the hands of the EPA? The suit was initiated three years ago when the trucking industry sued the EPA arguing that EPA's 1997 decision to lower the allowable level of air pollutants was arbitrary and would be financially detrimental to the industry. Other charges included a claim that the agency lacked the constitutional authority to craft such rules. The D.C. Court of Appeals ruled on behalf of the trucking industry stating that EPA gave no justification as to why the standards were set at the levels they were-a failure to act in according to an 'intelligible principle'-and that the EPA violated the nondelegation doctrine. EPA appealed the decision to the U.S. Supreme Court, citing that the CAA granted the agency the right to regulate air standards to "protect human health with an adequate margin of safety." In a separate appeal, the trucking industry argued that the EPA is required by the CAA to conduct cost-benefit analysis when setting regulation standards. The Supreme Court's decision is expected by June 2001.
Maine's Salmon Listed as Endangered Species
On November 13, 2000, federal officials added Maine's Atlantic salmon to the endangered species list. Numerous state and industry officials oppose the listing, questioning whether science supports the federal contention that the wild fish are a "distinct population segment." Opponents argue that the state already has programs in place to protect the salmon and that further restrictions on fishing could harm one of the state's most important industries- fish farming . Claims are also being made that while the listing guarantees more funds for the requirements of the Endangered Species Act, it does not guarantee that those funds will go to programs specifically aimed at protecting the salmon. Governor Angus King (I) has not yet decided what action he will take, but an appeal of the decision is being considered
New Program to Help Leaking Gas Tanks
On November 2, 2000 EPA announced that it will make available $1 million in grants to communities in 10 states in an effort to clean up abandoned underground petroleum tanks. The new program called USTfields, will give priority to cities with water-contamination problems caused by the fuel additive methyl tertiary butyl ether (MTBE). In the past, cleanup of properties with underground storage tanks has been delayed or does not occur, because petroleum contamination is exempt under the Superfund law. EPA plans to select 40 more USTfields pilot projects in 2001. Note: The EPA has called on Congress to eliminate the use of MTBE from reformulated gasoline. The 106th Congress was unsuccessful in its attempts.
NCSL Contacts:
Molly Stauffer
Committee Director
(202) 624-3584
Laurie Holmes
Staff Assistant
(202)624-8695
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