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States Set to Sue the U.S. Over Greenhouse Gases

dnormant writes to tell us The New York Times is reporting that more than a dozen states are gearing up to sue the Bush administration for holding up efforts to regulate automobile emissions. "The move comes as New York and other Northeastern states are stepping up their push for tougher regulation of greenhouse gases as part of their continuing opposition to President Bush's policies. On Wednesday, Gov. Eliot Spitzer's administration is to issue regulations requiring power plants to pay for their greenhouse gas emissions, part of a broader plan among 10 Northeastern states, known as the Regional Greenhouse Gas Initiative, to move beyond federal regulators in Washington and regulate such emissions on their own."

24 of 440 comments (clear)

  1. It's usually the other way around... by Dzimas · · Score: 3, Interesting

    The telling thing is that the various northeastern states are pushing the Bush administration for tighter emission regulations. Usually, it's the other way around - local politicians seek to fend off draconian federal policies that might cripple local industry. The amazing thing is that they're suing the EPA itself, and my professional experience is that many scientists associated with the EPA are incredibly concerned about the impact of greenhouse gases on the environment. They're forced to keep quiet and follow the mandate passed down by a perplexingly out-of-touch executive team in the White House.

  2. Bwahahahahaha! by MightyMartian · · Score: 3, Funny

    Is there any special meta-meta-mod points out there for reading this with "Chevron... the power of human energy" above it? I wasn't aware humans consumed petroleum-based hydrocarbons and shit out CO2.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  3. Re:One problem with this plan by Jeremi · · Score: 4, Insightful
    All moves to clean up the air are good and badly needed but only if you are not cutting off the nose of every regular guy like me in the process and putting us into poverty.


    Why should there be an exception for "regular guys like you"? To the extent that you are contributing to the problem and enjoying the benefits of the power produced, it seems only logical that you should be required to help fund the solution. With any luck, requiring power companies to pay for the costs of the pollution they create (and presumably pass that cost on to their consumers) will motivate both the power companies and the consumers to switch to cleaner (and hence cheaper) methods of power generation... which is of course exactly what we want to have happen.

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    I don't care if it's 90,000 hectares. That lake was not my doing.
  4. Re:One problem with this plan by alan_dershowitz · · Score: 5, Insightful

    We're being taxed and surcharged into oblivion, and we're passing the savings on to you! You're already being charged for pollution, in fact everyone is, in the costs of having to deal with the problems of pollution. What sucks is that a company can socialize the costs of pollution while privatizing the benefits. Currently I pay less as a polluter by not having to build a new plant, while everyone pays for the pollution cleanup. On the other hand, assessing a penalty according to the amount of pollution coming out of any particular plant has the twin effect of disincentivizing pollution and more fairly distributing the costs of dealing with that pollution (providing the assessed taxes are used for that purpose, which they should be.) This is cheaper and fairer, unless you are looking at it from the perspective of a heavy polluter.
  5. Re:One problem with this plan by geminidomino · · Score: 3, Interesting

    With any luck, requiring power companies to pay for the costs of the pollution they create (and presumably pass that cost on to their consumers) will motivate both the power companies and the consumers to switch to cleaner (and hence cheaper) methods of power generation... which is of course exactly what we want to have happen. Luck has nothing to do with it. That's the same sort of naive thinking that comes up with ideas like this. As long as the power company can recoup most/all of the added expense from the customer, they won't have any impetus to switch anything at all.
  6. Re:One problem with this plan by Kenrod · · Score: 3, Insightful

    This is a bad thing? Companies being forced to pay the full price of the pollution they cause and users being forced to absorb that price on the sticker of the choices they make. That's the free market at work.

    It's a good thing if examined in a vacuum (assuming the ludicrous notion of CO2 being a pollutant, or that you could accurately figure out the damage caused by climate change within trillions of dollars).

    When you consider China and India doing nothing to pass those costs on to their users, you don't have a free market. You have the US destroying their competitiveness (and their ability to innovate) while doing little to solve the problem on a global scale (it is called "global warming").

    Guys like Spitzer are always the first to attack private business. A better solution would be to offer tax incentives to companies that want to replace coal plants with clean power sources, including nuclear. But you won't see Spitzer proposing that because it's a truly innovative idea. Suing the Feds and attacking business is the easy way out.

    --
    Good heavens Miss Sakamoto - you're beautiful!
  7. Re:Cars aren't even the majority of emissions by Original+Replica · · Score: 4, Insightful
    I think to get improvements in the 30-40% range you need to make serious changes on all fronts. Buildings seem to be the largest consumer of energy, at least in the US, I'm assuming the same is true for Canada.

    current energy use in buildings represents 39 percent of all energy use in the U.S. -- more than industrial or even transportation usage. It concludes that by 2020 building energy use can be reduced by 14 percent and total national energy use could be cut by 5.6 percent through the implementation of short-term, realistic energy policies.http://www.nirs.org/alternatives/factoid11.htm


    But I think the more drastic changes that will help meet Kyoto targets are in the area of where power comes from. When the wealth redistribution costs to a country outweigh the cost of installing solar panels on every rooftop, then there will be change in that country. The same holds true for making more efficient cars or mass transit or wind farms, they will only ever be "the norm" when they cost less than just burning more fossil fuels. That Kyoto-carbon-tax is helping to push that day a little closer.
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    We are all just people.
  8. Re:Six Month Notice by PopeRatzo · · Score: 3, Insightful

    The move comes as New York and other Northeastern states are stepping up their push for tougher regulation of greenhouse gases as part of their continuing opposition to President Bush's policies.
    Notice how the writer dismisses the efforts as being part of the states' "continuing opposition to President Bush's policies"? It couldn't be because they are sick of nothing being done about greenhouse emissions. No, it has to be liberal vs. conservative, Right vs. Left, Good vs. Evil, The USA vs. Bush. It just goes to show miserable the state of reporting is today. Instead of looking for the truth, every issue has to have "two sides", and every problem has to be framed as some sort of 50/50 battle. Fortunately, the real numbers don't break down that way. By far most Americans believe that greenhouse emissions caused by humans are causing global warming. Most Americans want the War in Iraq to end now and the troops brought home. Most Americans believe George Bush has done a terrible job. But the Media insists on portraying everything as an evenly balanced fight.

    It's because the Media has been mau-mau'd to death and is now afraid to look for the truth. Whenever they try to get to the heart of a matter, they are attacked for being "liberal".

    I can understand that the Right has beaten the Media to death, but it doesn't excuse them losing their courage completely.

    The good news is I have a feeling the BS isn't working as well as it used to. More and more, people I encounter from all walks of life and all ends of the political spectrum are ignoring the talk radio goons and Fox News and can see through the crap. Despite their best efforts, the assault on the middle class in America is bringing a lot of former political enemies back together.
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    You are welcome on my lawn.
  9. Re:One problem with this plan by Anonymous Coward · · Score: 5, Insightful

    You'll not be laughin' when Bush claims the lawsuit, if allowed to be open to the general public, would impose a national security risk.

  10. Re:One problem with this plan by Original+Replica · · Score: 4, Insightful

    As long as the power company can recoup most/all of the added expense from the customer, they won't have any impetus to switch anything at all.

    Do you have the option on your power bill to purchase "clean energy"? Now if there is some oversight of the power company that prevents them from passing the pollution costs on to people purchasing the electricity from solar and wind farms, then you have a strong economic incentive for the consumer which is the fastest way to create any large scale change. If if doesn't hurt people in the wallet, then everything will stay status quo.

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    We are all just people.
  11. Re:Arrrrgh! by WillAffleckUW · · Score: 5, Insightful

    Amusing. The party of "State's Rights" arguing against the right of states to make their own tougher regulations.

    Ironic.

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    -- Tigger warning: This post may contain tiggers! --
  12. Re:One problem with this plan by iluvcapra · · Score: 5, Insightful

    Except suddenly nuclear, wind and solar will have a competitive advantage over coal, oil and gas; there's no luck involved. Energy providers have to compete to provide the lowest cost per kWH, and if carbon costs money, energy producers have incentive to cut it.

    Free CO2 in the air is gonna cost somebody a lot of money someday. Collecting a fixed amount for it at the time of origination is a way of containing the risk, since climate change is liable to be more expensive and less predictable.

    --
    Don't blame me, I voted for Baltar.
  13. Re:One problem with this plan by geminidomino · · Score: 3, Funny

    And how the hell did I slaughter the word "nuclear" even worse than Texans do?

  14. Why the Global Warming debate is important by Teancum · · Score: 3, Insightful

    From both a liberal as well as conservative viewpoint, is precisely lawsuits like this.

    For those of a conservative viewpoint, this is precisely the kind of thing that has been the worst of nightmares regarding the debate, where this is an attempt to broaden the power of the federal government and to enact legislation through judicial case law rather than through a body like the U.S. Congress.

    From a strict constitutionalist viewpoint, state regulations are precisely what was envisioned by the founding fathers for issues like this. When faddish things like Global Warming (and concern about Global Warming is a fad right now, at least from a political perspective) come up, they should be debated by individual states and citizens of those states.

    If left to develop on its own, without somebody crying "fowl" and demanding federal intervention, this "laboratory of American states" is precisely what is envisioned by the founders to see how political ideas like regulation of industries for CO2 gases was intended to develop. Legislation based upon the current wind of political thought was something the early founders of the American Republic feared the most, and it was intended to be a long and difficult process for a good reason, particularly when it governed the actions of individual citizens in relationship to each other, such as this sort of regulation is doing.

    From a politically conservative viewpoint, you can still suggest environmental legislation. There is common ground that can come from this sort of debate and help us to genuinely protect the environment. But you need to frame it from a conservative viewpoint in terms of stewardship, liability, and responsibility. Cut the emotional garbage out about rising sea levels, rising temperatures, and a fear of the future. If you produce pollution, you need to clean up your own messes and be nice to your neighbors. You also shouldn't be wasteful of those resources that God has given to you, because ultimately you will be held responsible for your actions before HIM. Even if you dismiss God as a human construct, there is still the more vague "being held responsible by humanity as a whole" that still applies on some sort of level. I certainly don't mind government regulation that helps to reduce dependence on foreign energy sources and lowering of a trade deficit.

    I also realize that some of this is about legislation that has already been through the meat grinder of Washington D.C., and these states are "merely" asking for those laws to be enforced. A problem here is that the legislation was deliberately vague, and the actual enforcement of these laws left to such broad interpretation, that nearly anything could be suggested in terms of what they really meant or how they can be put together. This lawsuit is a political move to force these national regulations (which arguably may not even be constitutional) to conform to a specific viewpoint that runs counter to the current presidential administration. A U.S. President shouldn't have even had this sort of authority delegated to him in the first place, but of course those pushing in support of this lawsuit already knew that, didn't they? So why should it be moved to the authority of nine men in black robes?

    It is poor law and shouldn't have been enacted in the first place, no matter how lofty the goals were made. Going to the courts is just going to make an awful law even worse. It would be far better to go to the national legislature (aka Congress) and get new legislation passed that deals with this issue, if that is the ultimate goal.

  15. Re:One problem with this plan by geminidomino · · Score: 4, Funny

    If the cost of energy increases, consumers have a greater incentive to conserve. It happens all the time with gasoline prices: when the price rises, people drive less and buy more fuel efficient autos. You must be joking... the roads are crawling with SUVs and other vehicles that consider 24MPG to be EXCELLENT gas mileage.
  16. Re:One problem with this plan by Coryoth · · Score: 4, Insightful

    When you consider China and India doing nothing to pass those costs on to their users, you don't have a free market. You have the US destroying their competitiveness ... while doing little to solve the problem on a global scale On the other hand it is rather hard to ask India and China to do much of anything in the way of reducing emissions, or making polluters pay the costs, if you don't do anything yourself. Either you just spiral down into a lose lose situation for everyone, or someone decides to stand up and take the first step. As long as the US, which is by far the largest source of CO2 on a per capita basis, is doing nothing to curb emissions it is rather hard to put much pressure on China to step up to the plate. If the US is serious about being a world leader then they'll be brave enough to step up and do what is right, rather than cower with paranoia.
  17. Re:Six Month Notice by rrkap · · Score: 5, Informative

    As for states suing the Feds to force auto manufacturers to decrease emissions, why don't they just do it themselves? California has strict emission control policies. Why can't the rest of these states.

    That isn't how air quality regulations work. Under the Clean Air Act, setting auto emissions standards is the exclusive responsibility of the Federal Government. However, because California had stricter emissions standards in place when the Clean Air Act was first passed, California (and only California) was granted a waiver to set its own standards which can be adopted by other states if they choose. This waiver doesn't apply to vehicular CO2 emissions. California (with other states) has already won a suit saying that EPA must grant such a waiver, however EPA has not done so. Thus, they are suing again, this time asking the court to order EPA to do so immediately.

    As things currently stand, no state can regulate tailpipe CO2 emissions. When California wins their lawsuit, then states will be able to choose weather to follow CA CO2 regulations or to follow the Federal do-nothing approach.

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    I like my beverages with warning labels!
  18. Re:One problem with this plan by iluvcapra · · Score: 4, Insightful

    In this glorious deregulated California market you can specify green power, just don't complain about the rolling blackouts (which hit you regardless of where you buy your electricity.) :P In theory power grid deregulation was supposed to allow you to choose where you got your electricity from, but in practice it meant "as long as you bought it from Enron."

    OTOH, It's not just about choosing who runs their lines to you. If you install solar panels on your roof, you'll essentially be buying around 50% of your power from yourself (carbon-free), depending on where you live and how much power you use during the day, though the initial cost is still pretty high. Same goes for a ground-loop air-conditioner, good insulation, really any technology that helps keep the energy you buy on your property. THAT stuff is where the big incentives should be.

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    Don't blame me, I voted for Baltar.
  19. A major problem I haven't seen mentioned yet by andytrevino · · Score: 4, Insightful

    The reason why Spitzer and this group are suing the government is that the Feds have established pollution control standards and Spitzer wants them made more restrictive. I am normally in favor of states' rights, but the issue in question here is more of a standards debate for me -- were each state given the ability to mandate their own efficiency requirements for cars, the result would be a broad range of such standards and car companies would have to meet the most efficient denominator, with a drastic (skyward) impact on the price of cars. The federal government sets the national standard, and now you don't have the purchasing power of 4 million Oregonians determining that the rest of us have to pay a premium for a super-efficient hybrid car we can't afford.

    The single biggest problem I have with this bogus lawsuit is this: it's the government suing the government, with all the included lawyer fees. Let the tax dollars fly. With a lawsuit at this level, as well, those fees will not be trifling, and who will pay them but the lowly taxpayer. Residents of the states filing suit are taxed twice on this -- first by their states for their legal fees, and second by the federal government for its defense. Those of us living in states who aren't signed on only get to pay for a lawsuit we disagree with once at the federal level.

    Residents of these states who support this: the proper way to get the EPA to change its guidelines is to have your federal legislators introduce legislation to change those guidelines. Then, those politicians get to convince a majority of their house of the legislature to sign on, which is absolutely necessary for a change with such a huge impact as changing EPA efficiency requirements. This underhanded lawsuit crap is the same tactic that generates so much scorn for SCO, the MAFIAA and other legal trolls -- why is it now okay?

    One of the purposes of the Attorney General's office is to protect the rights of the consumer. The rights of the consumer are NOT being trampled in this situation. Everybody in America has the opportunity to buy a more fuel-efficient vehicle. The government's purpose in the matter should be to establish a baseline of efficiency on which people who can afford it, and innovation by car companies, can improve.

    1. Re:A major problem I haven't seen mentioned yet by tfoss · · Score: 4, Interesting

      One of the purposes of the Attorney General's office is to protect the rights of the consumer. I think the rights of citizens are supposed to come before rights of consumers.

      The federal government sets the national standard, and now you don't have the purchasing power of 4 million Oregonians determining that the rest of us have to pay a premium for a super-efficient hybrid car we can't afford. Yup, but the federal government hasn't changed CAFE standards substantially in more than two decades. And as noted in TFA: If implemented, the measure would first affect 2009 models; automakers have said it would make it harder to sell the largest and least fuel-efficient sport utility vehicles and pickup trucks in states that adopt the rules. So the 8 mpg H2s would take a sales hit in New York and California. Bummer.

      Residents of these states who support this: the proper way to get the EPA to change its guidelines is to have your federal legislators introduce legislation to change those guidelines. Actually the Supreme Court said the EPA is *supposed* to regulate greenhouse gases, and the states in question are trying to get the EPA to allow them to enact greenhouse gas standards. The EPA has been dragging its feet since the ruling 6 months ago, so the lawsuit is to try and force the EPA to do, or allow states to do, what the Supreme Court said the EPA should do.

      -Ted
      --
      -=-=- Quantum physics - the dreams stuff are made of.
  20. Re:Cars aren't even the majority of emissions by AK+Marc · · Score: 4, Insightful

    The morons suing in these states should be taken out and shot, or at the very least disbarred and jailed for treason.

    Yes, because a state fighting to improve air quality (and make no mistake, the poor air quality in many states is not controllable by that state, but the one next door) is treason, while the gross abuses of the constitution, like the 55 mph speed limit, national drinking age, and nearly everything controlled as "interstate commerce" is simply ignored. If states fighting for their rights to clean air is treason, I'd hate to see what you'd do to a woman that wanted to vote.

  21. Re:Six Month Notice by c6gunner · · Score: 3, Informative

    Notice how the writer dismisses the efforts as being part of the states' "continuing opposition to President Bush's policies"? It couldn't be because they are sick of nothing being done about greenhouse emissions.
    Exactly, it couldn't! That's why you'll never see democrat dominated states suing a democrat president. It simply wouldn't happen.

    My guess? Now that Iraq is starting to look better, they need something new to hammer Bush with, lest he actually start to make gains in his approval ratings.

    Fortunately, the real numbers don't break down that way. By far most Americans believe that greenhouse emissions caused by humans are causing global warming. Most Americans want the War in Iraq to end now and the troops brought home. Most Americans believe George Bush has done a terrible job.
    Most Americans think Oswald didn't assasinate JFK. Almost half of Americans think UFO's visited the earth. And the vast majority of Americans beleive in God, Heaven, Angels, Miracles, Hell, and the Devil, and not in a figurative sense.

    You know what? Most people are fucking stupid. There's a reason why "most Americans" don't get to make policy.

    I can understand that the Right has beaten the Media to death, but it doesn't excuse them losing their courage completely.
    HAHAHAHAHAHAHAHAHAHA

    Oh God...

    *wipes tear*

    Thanks, man, up to that point I thought you were serious :) Now I realize you're just a really gifted parodist. You rock!
  22. Re:One problem with this plan by Original+Replica · · Score: 3, Insightful

    then we deserve what we get -- which is the end of our superpower status.

    Looking at the greatest threat to our super power status right now, I would have to say that a severe reduction on fossil fuel reliance would benefit us greatly in the global superpower sense. If we have an renaissance of green tech in America two important things will happen: 1. We will have a new major tech export, reestablishing the strength of the dollar. 2. When oil loses it's supremacy then Middle Eastern countries will be economically and politically powerless until they transform into more globally harmonious cultures.

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    We are all just people.
  23. Re:One problem with this plan by scatters · · Score: 3, Informative

    Reuters would seem to disagree with your second statement; ranking the US as the fifth highest per capita emissions. I'd have no problem believing that the US has the highest total emissions, but I'm too lazy to look it up.

    http://www.reutersinteractive.com/CarbonNews/73074

    BTW, thanks for raising the quality of this thread.

    --
    A One that isn't cold, is scarcely a One at all.