Two Powerful Blows Against Air Pollution Controls

The NYTimes reports from Washington on two separate actions on Friday that, between them, have halted Bush administration clean-air initiatives in their tracks. The current administration is no favorite of environmental groups, but these groups sided with the administration in a court case brought by the utility companies. On Friday an appeals court threw out the EPA's Clean Air Interstate Rule, established in 2005. The court ruled that the EPA had exceeded its authority when it established that rule, which set new requirements for major pollutants. According to the article, even the utilities were appalled to see the rule completely gutted; their objections had been narrower. Here is a podcast with the reporter (MP3) giving some background on the ruling. The second major blow to clean-air efforts came later in the day on Friday. Quoting: "...the EPA chief rejected any obligation to regulate heat-trapping gases like carbon dioxide under existing law, saying that to do so would involve an 'unprecedented expansion' of the agency's authority that would have 'a profound effect on virtually every sector of the economy,' touching 'every household in the land.'... In effect, Mr. Johnson was simultaneously publishing the policy analysis of his scientific and legal experts and repudiating its conclusions."

Comments

Maybe it's a chance to redo things

[wfstanle]

I don't know. While I am in favor of environmental regulations, the fact that the courts threw out the entire mess might be a blessing in disguise. It will be back to the drawing board and the Bush administration will not have enough time to put new ones into effect. The regulation that the courts threw out probably was filled with loopholes that would let polluters off the hook. Maybe a new (and hopefully environmentally friendly) administration will do it correctly.

OK, so we don't always have it right.

[Scott Wood]

The point is, we should try to have as little impact on our environment as possible, since we've shown ourselves to be clueless as to the actual effects of what we've already done.

You're reading the Clause Wrong

[OakLEE]

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; [emphasis added]

This clause is commonly referred to as the Tax and Spend Clause and has been commonly read to give Congress the power to tax and spend for the general welfare, not to regulate for the general welfare. Thus, if Congress wanted to tax pollution for the general welfare, it could. This specific clause does not give Congress the power to regulate pollution for the general welfare. Congress has no general police power.

If you want to know more about the history and interpretation of the clause, there is some excellent reading here.