It appears that there is some language within the new American Power Act that seeks to dampen the power of the EPA as written into the Clean Air Act. The latter is seen as a very successful piece of legislation, dating back to 1970, but in the judgment handed down by the Supreme Court in 2007, the EPA was granted powerful authority to regulate carbon emissions as part of that Act.
Critics of legislation passed by the House of Representatives to deal with climate change have made their voices heard during composition of the American Power Act. Specifically, as it appears that the EPA is ready to introduce regulation to curb stationary sources of carbon emissions, some members of Congress want new legislation to be written to preempt it.
The American Power Act as initially written shows that the EPA cannot work within the Clean Air Act to restrict major emitters of carbon. This is seen by some as the Administration’s way of dealing with the problem of carbon emissions through the “back door.”
The American Power Act includes cap and rebate provisions dealing with energy producers, as well as a number of other provisions to deal with climate threats. While the political climate itself is far from palatable, the damaging events of the Gulf oil spill are prompting public opinion to push for legislation to curb energy usage. Many are calling for significant taxation on fossil fuels and investment in alternative sources of energy.
Will the US be able to reduce carbon emissions by 83% in the next four decades, as promised by Pres. Obama? Under the American Power Act as written, the EPA will have authority to try and enforce this. However, can regulation alone, as part of the Clean Air Act, ever hope to achieve this level of reduction?
A large part of 2010 seems to be wastefully taken up by midterm congressional elections, even as damage within the Gulf of Mexico should be prompting politicians to focus on energy. The rest of the world is waiting impatiently for the US to take some clear and leading action in the war against climate change.
If Congress is unable to pass a climate bill of any stature, it seems that the EPA is legally mandated to move ahead to regulate carbon emissions from stationary sources. Every single business should clear the way for an additional premium on the cost of the energy that it uses, as this now seems inevitable.
While there is a definite trend toward sustainability, public opinion in 2010 is even more against unrestricted use of energy by a business. A company should plan to ensure that it reduces its energy use and also its carbon emissions, or it may well have to deal with damage to its reputation caused by its inaction.
Daniel Stouffer has much more information about the American Power Act and how a visit to www.verisae.com can aid you.
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