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Posts Tagged ‘Stephen Johnson’

Breaking News!  Remember back in December, when I was having a daily conniption due to various midnight memos and parting shots from the outgoing Bush administration?  Particularly troubling was former EPA administrator Stephen Johnson’s decision to reverse the landmark Bonanza decision.  Well, now Johnson’s reversal has been reversed.

Last November the EPA’s governance board ruled that its regional office had been too hasty in approving  a new coal-fired power plant in Bonanza, Utah because the plant didn’t include carbon dioxide emissions or control techniques in their permit application.  The Sierra Club helped secure this victory by filing a suit against Utah’s Deseret Power Electric Cooperative for not controlling carbon dioxide. Their argument was based upon the landmark Massachusetts v EPA case, which required the agency to regulate CO2 as a pollutant under the Clean Air Act.  But then at the last minute, outgoing Stephen Johnson issued a memo reversing this decision and saying that the EPA should ignore CO2 emissions when permitting new coal fired power plants.

But REJOICE, for this morning the Sierra Club reports:

Washington, DC: President Obama’s Environmental Protection Agency (EPA) today took the first step toward regulating carbon dioxide emissions from coal-fired power plants. EPA, under the new leadership of Administrator Lisa Jackson, granted a petition from the Sierra Club and other groups calling for reconsideration of an unlawful, midnight memo issued by former EPA Administrator Stephen Johnson which sought to prohibit controls on global warming pollution from coal plants. EPA announced in a letter to the Sierra Club that it will publish a proposed rulemaking in the Federal Register and seek public comments on the decision in the near future.

Today’s decision is consistent with a previous ruling by the EPA’s Environmental Appeals Board (EAB) in the Bonanza case, which found that there was no valid reason for the Bush administration’s refusal to limit carbon dioxide emissions from new coal-fired power plants. The so-called Johnson Memo sought to unlawfully overturn that decision.

Sierra Club, the Natural Resources Defense Council, and the Environmental Defense Fund filed suit against the Bush administration to overturn the Johnson Memo. That litigation will now be put on hold as a result of today’s announcement.

Okay, so the EPA hasn’t officially nixed the memo, but they are posting a proposed rulemaking (to nix it) and inviting public comment.  Not too shabby for a Tuesday.

The decision to grant the Sierra Club’s petition says a lot about the EPA’s new direction and leadership under Lisa Jackson.

Said David Bookbinder, Chief Climate Counsel for the Sierra Club in a press release this morning,

Today’s victory is yet another indication that change really has come to Washington, and to EPA in particular. This decision stops the Bush Administration’s final, last-minute effort to saddle President Obama with its do-nothing policy on global warming.

Not only does today’s decision signal a good start for our clean energy future, it also signals a return to policy based on sound science and the rule of law, not deep pocketbooks or politics. Lisa Jackson is making good on her promises to bring science and the rule of law back into the center of the decision making process at EPA.

We live in exciting times.

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boxerRemember last week, when I was pissed off at EPA Administrator Stephen Johnson for making up last minute rules to get coal plants permitted?

Today this anger is tempered by my love for Senate Environment and Public Works chair Barbara Boxer, who basically told Johnson he was CHEATING AND MAKING UP FAKE RULES.

Boxer sent a letter to Attorney General Michael Mukasey asking that he make Johnson withdraw his “blatantly illegal memo.”

Spake Mrs. Boxer:

Administrator Johnson issued the document without legal authority under the Clean Air Act, and in spite of the clear opinion of the EPA’s Environmental Appeals Board in In re: Deseret Power Electric Cooperative, PSD Appeal No. 07-03 (EAB November 13, 2008). Johnson’s guidance also flies in the face of the U.S. Supreme Court in Massachusetts v. EPA (2007).

BOO-YAH! Sometimes, you gotta love a tattle-tale.  Let’s just hope the Attorney General puts Johnson’s ruling in time-out.

Read Boxer’s full letter here.

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fudge1

The EPA’s newest decision definitely brought the dreaded “F-dash-dash-dash” word to mind.

Reports Grist.org:

Coal-fired power plants’ greenhouse-gas emissions shouldn’t be taken into consideration when determining whether to approve their construction, EPA Administrator Stephen Johnson ruled this week. The ruling could clear the way for at least a handful of new coal plants to be approved in the final days of the Bush administration. “The current concerns over global climate change should not drive EPA into adopting an unworkable policy of requiring emission controls,” Johnson wrote.

Just as I was getting into the holiday spirit, Stephen Johnson has to hit us with this.

In case you’re not quite as obsessed with carbon dioxide regulation and coal plants as we are here at Texas Vox, let me provide a little background.  In November the EPA’s governance board ruled that its regional office had been too hasty in approving  a new coal-fired power plant in Bonanza, Utah because the plant didn’t include carbon dioxide emissions or control techniques in their permit application.  The Sierra Club helped secure this victory by filing a suit against Utah’s Deseret Power Electric Cooperative for not controlling carbon dioxide. Their argument was based upon the landmark Massachusetts v EPA case, which required the agency to regulate CO2 as a pollutant under the Clean Air Act.

The Bonanza decision was, in a word, wicked awesome (okay, two words).  It gave environmentalists a great new tool for stopping coal-fired power plants and signalled a sea change in the government’s willingness to take action over carbon dioxide emissions.  So the fact that the EPA is now telling permitters that they cannot consider greenhouse gas emissions when processing applications  is a major kick in the pants.  It could mean slated plants that wouldn’t have been approved could get the green light during these last weeks of the Bush administration. In a New York Times article, Vickie Patton, from the Environmental Defense Fund estimates that as many as 8,000 megawatts of new coal-fired power plants could skate through as a result of this ruling.

I’m still rather uncertain of what this decision means for the incoming administration.   Lisa Jackson, Obama’s new pick to head the EPA, is considerably more progressive on greenhouse gas emissions than Johnson, and could theoretically reverse this decision.

Reports the Washington Post:

It was unclear yesterday what the ruling’s real-world impact will be. The EPA says that about 50 plants — either new or significantly remodeled — must obtain a permit under this provision every year. But Meyers said he does not know if any are positioned to receive final approval before President-elect Barack Obama takes office on Jan. 20.

The Obama administration is likely to review the case, and Democratic officials close to the president-elect’s team say that the Supreme Court ruling and the EPA’s power to regulate carbon dioxide can serve as powerful levers to bring corporations and other parties to a bargaining table about broad framework for controlling greenhouse gases.

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