ADMINISTRATIVE DETAILS2/19 Intro and Thesis

2/20 paper

2/26 Midterm

U.S. ENERGY-RELATED CO2

 EMISSIONS IN EARLY 2012 LOWEST SINCE 1992

http://www.eia.gov/todayinenergy/detail.cfm?id=7350

PATHWAYS TO PRESIDENTIAL POWER

Discretionary authority granted by statutes (Vague Legislation)

Green State/Labyrinth/layering

ANTIQUITIES ACT, 1906 DEVIL’S TOWER

CHACO CANYON

MONTEZUMA CASTLE, AZ

NATURAL BRIDGES, UT

LASSEN PEAK, CA

MUIR WOODS, CA

AND WE KNOW HOW THAT TURNS OUT..

ANTIQUITIES ACT OF 1906

“ the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected.”

Limits on presidential authority? Size? Scope?

KAIPAROWITS PLATEAU - UTAH GEOLOGICAL SURVEY- $223 -$331 BILLION IN ENERGY AND MINERAL RESOURCES

Grand Staircase Escalante National Monument designated by Clinton

Utah Geological Survey- $223 -$331 billion in energy and mineral resources

                                                                         

  

$120+ MILLION IN ROYALTIES FOR UTVS.

"We are saying very simply, our parents and grandparents saved the Grand Canyon for us; today, we will save the Grand Escalante Canyons and the Kaiparowits Plateaus of Utah for our children.“

“On this site, on this remarkable site, God's handiwork is everywhere in the natural beauty of the Escalante Canyons and in the Kaiparowits Plateau, in the rock formations that show layer by layer billions of years of geology, in the fossil record of dinosaurs and other prehistoric life, in the remains of ancient American civilizations like the Anacosi Indians.”

Sep 18, 1996, Outside El Tovar LodgeGrand Canyon National Park, Arizona

GOP WESTERN ELECTED OFFICIALS RESPONSE

Craig Peterson, “I feel violated.” (majority leader of UT State Senate

Murkowski (R-AK)- “most arrogant, hypocritical, and blatantly political exercise of federal power affecting public land”

Chenoweth (R-ID)- “biggest land grab since the invasion of Poland.”

House Resource Committee issues 2 reports• The Abuse of Trust and Discretion..• Monumental Abuse…

CHECKS AND BALANCES FAIL?

GOP introduces bills to limit or block the president's ability to make such designations without approval from Congress

District Court- the President “complied with the Antiquities Act's two requirements.”

CONGRESS

Congress passes 3 national conservation areas, one national monument, one cooperative protection act in 2000Colorado Canyon Conservation Area Act of 2000

18 more 6 million

acres

But’s that not all….

CALIFORNIA COASTAL NATIONAL MONUMENT 

 “all unappropriated or unreserved lands and interest in the lands owned or controlled by the United States in the form of islands, rocks, exposed reefs, and pinnacles above mean high tide within 12 nautical miles of the shoreline of the State of California.” 

OBAMA

between 2009 and March 2014, Congress didn’t pass a single bill to create new land protections. Congress had gone five years without protecting a new acre of public land — the longest period of congressional inaction on land conservation since World War II,

13 monuments, 1 million acres

NEW SOURCE REVIEW

“MAJOR MODIFICATION” IS CENTRAL TOBOTH NSR ENFORCEMENT AND REFORMS

Historic and still current (in most of U.S.) definition of “major modification:” Any physical change in or change in the method of

operation of an existing major source that would result in a significant net emissions increase of any pollutant subject to regulation under the CAA

25From Nixon and Peabody, NSR Update to RI

THE EQUIPMENT REPLACEMENT PROVISION – BUSH EPA RULE

An activity (or aggregation of activities) will fall under the RMR&R exclusion if:

1. It involves replacement of any existing component(s) of a process unit with identical or functionally equivalent components;

2. The fixed capital costs of the replaced component(s) plus the costs of activities that are part of the replacement effort do not exceed 20% of the current replacement value of the process unit; and

3. The replacement component(s) does not alter the basic design parameters of the process unit or cause the process unit to exceed any legally enforceable emission or emission-constraining operational limitations applicable to the process unit

26From Nixon Peabody, NSR Update to RI

WHAT’S IMPORTANT TO REMEMBER?

The final leg of this 11-year odyssey to NSR reform is far from over The D.C. Circuit is reviewing the 2003 reform Review of Duke 2005 by the Supreme Court is being

sought States and environmental groups will fight the

proposed 2005 reform Will State resistance overwhelm the system? How long will it take EPA Regional Offices to

approve SIP revisions implementing the reforms in State PSD and NANSR regulations?

27

President’s alternative pathways allow for unitary action by president to implement their environmental policy preferences. require action by other political actor (Congress)

to undo have increased with gridlock

HOW DOES CONGRESS DO Make laws

Magnuson-Stevens Fishery Conservation and Management Act- To provide for the conservation and management of the fisheries, and for other purposes.

Appropriate $ reduce financing by $1.9 million for a study researching salmon

migrations at the Klamath Dam by the Bureau of Reclamation and the Fish and Wildlife Service

Oversee federal agencies House Energy Subcommittee on Oversight and Investigations

hearing. Solyndra, a solar panel manufacturing company that recently filed for bankruptcy, received $535

Hold hearings United States Senate Committee on Environment and Public

Works. September 25, 2007 Hearing on: Green Jobs Created by Global Warming

Respond to citizen’s concerns my water smell funny; don’t shoot swans

SENATOR REID (D-NV) LETTER TO CONSTITUENT

Thank you for contacting me about the Reducing Global Warming Pollution from Vehicles Act of 2008 (S. 2555). I appreciate hearing from you. … I have noted your support for the bill, and I will keep your thoughts in mind should it come before the full Senate. …I have always been a strong supporter of environmental protection and have fought for improvements to our major environmental laws such as the Clean Water Act, Safe Drinking Water Act, Clean Air Act, and Superfund. I look forward to continuing to strengthen these and other environmental laws so even more can be accomplished.

Again, thank you for taking the time to share your thoughts with me. 

http://bluesageviews.blogspot.com/2008/03/reid-letter-to-constituent-on-bill-to.html

Agenda Setting

Unitary - 1 President Collective- 435 House, 100 Senate

Policy Legitimation

REPRESENTATIVE INSTITUTION

Localism- folks back home #1 Good/bad?

Bicameral Institution House – 2 year

terms Senate- 6 year

terms

Electoral Incentives

“Cap and Trade is a difficult issue,” Sen. Evan Bayh (D-Ind.)

Map of coal mines in US- http://minerals.usgs.gov/minerals/pubs/mapdata/coal.pdf

EFFECT OF BICAMERALISM

Fragmentation Geographic representation 435 and 100 people sharing power

What would policy be like if Congress was unicameral and elected in at large elections?

Senate 20 committees 68 subcommittees 4 joint committees

How Congress processes the high volume and complexity of legislative business

Hold hearings Review legislation Fact finding

Woodrow Wilson “Congress in

committee is Congress at work”

ENERGY AND NATURAL RESOURCE COMMITTEE Subcommittee on Energy- nuclear, coal and synthetic

fuels research and development; Federal energy conservation programs; oil, gas and coal production and distribution.

Subcommittee on National ParksNational Park System; Wild and Scenic Rivers System; National Trails System; national recreation areas;

Subcommittee on Public Lands and Forests-  Bureau of Land Management and U.S. Forest Service; general mining lawsOuter Continental Shelf leasing

Subcommittee on Water and Power- irrigation; reclamation projects, including related flood control purposes; power marketing administrations (e.g., Bonneville Power, Southwestern Power, Western Area Power, Southeastern Power); energy development impacts on water resources; groundwater resources and management; hydroelectric power

ENVIRONMENT AND PUBLIC WORKS

Children’s Health and Environmental Responsibility

Clean Air and Nuclear Safety Green Jobs and the New Economy Oversight Superfund, Toxics and Environmental Health Transportation and Infrastructure Water and Wildlife

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

Wednesday, September 21, 2011 Business Meeting to consider the following

items: • S. 97, San Francisco Bay Restoration Act • S. 893, Feral Swine Eradication and Control

Pilot Program Act of 2011 • S. 1400, Resources and Ecosystems

Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011,

• GSA Resolutions Ken Kopocis, nominated to be Assistant

Administrator for the Office of Water for the Environmental Protection Agency

Subcommittee on Children’s Health and Environmental Responsibility hearing entitled, "Oversight Hearing on Federal

Actions to Clean Up Contamination from Legacy Uranium Mining and Milling Operations."Mr. James Woolford

Director of Superfund Remediation and Technology Innovation, Office of Solid Waste and Emergency Response U.S. Environmental Protection Agency

Mr. David Geiser Director, Office of Legacy Management U.S. Department of Energy

Mr. Michael Weber Deputy Executive Director, Materials, Waste, Research, State, Tribal, and Compliance Programs U.S. Nuclear Regulatory Commission

HOW ABILLDOESN’TBECOMEA LAW—CONGRESS AS A LAW-DEFEATING, NOT LAWMAKING INSTITUTION

ADLER, CLEAN FUELS, DIRTY AIR Classified 1-Hour Ozone

Nonattainment Areas

CAN CONGRESS GOVERN/SAVE THE PLANET?

DOUGLAS ARNOLD-- AUDITING MODEL OF CITIZEN CONTROL

Legislators' electoral calculations Attentive vs. inattentive publics

Citizen preferences Magnitude, timing of costs/benefits Traceability - legislators vote or action led to the cost Intensity of (potential) preferences X likelihood of

action Coalition Leader Strategies

Persuasion- no electoral risk Procedural- hide traceability Modification- side payments to build coalition

AS THE WORLD BURNS

Basic story Can Congress save

the environment? Environmental vs.

economic implications

Larger political economic context

DOUGLAS ARNOLD AS THE WORLD BURNS

Legislators' electoral calculations Attentive vs. inattentive publics

Citizen preferences Magnitude, timing of costs/benefits Traceability - legislators vote or action led to the cost Intensity of (potential) preferences X likelihood of

action Coalition Leader Strategies

Persuasion- no electoral risk Procedural- hide traceability Modification- side payments to attentive publics to build

coalition

HOUSE VS. SENATE

Great Plains and Rocky Mountains (AK, AZ, CO, ID, KS, MT, NE, NV, NM, ND, SD, UT, WY). House of Representatives

37 representatives (8.5% of body) Vote 13-24 against the Cap and trade

Senate have 11 Democratic and 15 Republican senators 26 senators, 26% of body

51.8% of electricity produced is from coal fired plants

CONGRESS – ALTERNATIVE PATHWAYS

TRAIN Act - Transparency in Regulatory Analysis of Impacts on the Nation (TRAIN) Act create a special committee to oversee the EPA's rules

and regulations, require EPA to consider economic impacts on polluters

when it sets standards concerning how much air pollution is too much.

REINS Act require Congress to approve all new regulations, Grants House or Senate veto of the executive branch.

EPA budget- cut 18%

CONGRESS – ALTERNATIVE PATHWAYS Agriculture appropriation (H.R. 2112), Military Construction

appropriation (H.R. 2055), Energy and Water appropriation (H.R. 2354). The Interior and Environment appropriation (H.R. 2584) and Commerce, Justice, and Science appropriation (unnumbered) 

Appropriations Riders LIGHTING STANDARDS: A rider in the Energy and Water appropriation

(Sec. 623) offered by Rep. Michael Burgess (R-TX) would prohibit spending to enforce the incandescent lighting efficiency standards in the 2007 energy law 

AGRIBUSINESS CESSPOOL GREENHOUSE POLLUTION: A rider in the Interior and Environment appropriation (Sec. 429) offered by Rep. Mike Simpson (R-ID) would prevent the EPA from requiring the reporting of greenhouse gas emissions from manure management systems.

AUTOMOTIVE GREENHOUSE POLLUTION: A rider in the Interior and Environment appropriation offered by Rep. Steve Austria (R-OH) would block the EPA from setting new mileage standards for cars based on greenhouse pollution and from allowing California to do so.

NOAA CLIMATE SERVICE: In the Commerce, Justice, and Science committee report, “It is the Committee’s intention that no funds shall be used to create a Climate Service at NOAA.”

Forbid FWS from listing any endangered species

Browse database by clicking a search term above.

AMBITION V. AMBITION “Many of us think that the overregulation from E.P.A. is at

the heart of our stalled economy,” Representative Mike Simpson (R-ID)

“The new Republican majority seems intent on restoring the robber-baron era where there were no controls on pollution from power plants, oil refineries and factories,” Representative Henry A. Waxman (D-CA)

”We are then going to be in a situation again where the Senate and president face the question of whether they are willing to shut down the government or appease a motley group in the House over a spending bill,” he said. “No one knows how that plays out.” David Goldston, director of government affairs for the Natural Resources Defense Council