Environmental Law

Manufacturers Agree with EPA Go-Slow Approach

By Dennis Pfaff and Kevin Livingston, Editors

Stephen L. Johnson, the administrator of the U.S. Environmental Protection Agency, might be feeling a bit besieged after the reaction to his decision to go slow on regulating greenhouse gases. But he’s still got friends in the industrial community and elsewhere.

“I think he made a very sensible move,” Hank Cox, a spokesman for the National Association of Manufacturers, told Climate Law Up date Friday. The association, headed by former Michigan Gov. John Engler (pictured), has itself been urging a cautious approach to addressing climate change and it recently released a study warning of major economic and employment losses if Congress enacts legislation such as the Lieberman-Warner bill (see recent Climate Law Update story), which would establish a national emissions cap-and-trade system.

Johnson provoked outrage among Democrats and environmental organizations when he informed lawmakers he was going to take more time to study the regulation of greenhouse gases before acting. Some critics accused the Bush administration of acting according to an “industry script” on the issue.

Johnson’s action came nearly a year after a 2007 U.S. Supreme Court decision, Massachusetts v. EPA, which said the agency had the authority to regulate the emissions believed to contribute to global warming as pollutants, and it ordered its officials to look into such questions as whether the gases pose a threat to people. Critics threatened a new round of legal action to force the EPA to move on the issue (see Thursday’s Climate Law Update story).

Cox said he believed his organization made its views known to the EPA before Johnson announced his decision Thursday.

“I’m sure we did,” Cox said.

Cox said the manufacturers’ organization was not trying to dispute evidence that the planet is getting warmer. But he said officials run the risk of creating “economic havoc” in the country, especially in light of what other nations, such as China, are doing to move forward with fossil plants. Burning such fuels, such as coal and oil, produces carbon dioxide and other greenhouse pollutants.

“There’s a limit in how fast we can move our energy mix away from fossil fuels,” Cox said. He said there is already a virtual moratorium on the construction of new coal plants in the United States, a situation he said could easily produce power shortages in a few years.

Critics of the trade association’s economic analysis of global warming legislation have knocked it for, among other alleged shortcomings, looking only at the costs of reducing emissions but not the cost of inaction, potentially leading to unbridled climate change. But Cox, who said society must “wean” itself off of fossil fuels and toward other energy sources such as rewewables, said it will take a viable economy to be able to deal with the problem.

“If you shut down the economy,” Cox said, “that will take people’s minds off global warming quickly.”

 Another group that was apparently pleased with Johnson’s decision was the Heritage Foundation, a conservative think tank. The Los Angeles Times reported that official of the organization said it had spent months sending detailed legal analyses and memos to government officials noting the Supreme Court decision could have widespread impacts on businesses. An EPA spokesman, the paper reported, said Johnson had acted independently.

Full post as published by Climate Law Update on March 28, 2008 (boomark / email).