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RL33776 - Clean Air Issues in the 110th Congress:Climate Change, Air Quality Standards, and Oversight
28-Jul-2008; James E. McCarthy; 36 p.
Update: Previous releases:
June 3, 2008
March 7,2008
October 19, 2007
July 12, 2007
April 4, 2007
Abstract: Attention to environmental issues in the 110th Congress focused early and
heavily on climate change — the state of the science, and whether (and, if so, how)
to address greenhouse gas (GHG) emissions. Fourteen bills had been introduced to
establish GHG emission caps as of April 2008, and hearings on climate change have
been held by at least 10 committees. The Lieberman-Warner bill to establish a capand-
trade system for GHG emissions (S. 2191) was reported by the Senate
Environment and Public Works Committee, May 20, 2008. Senate debate began on
a modified version of the bill (S. 3036) June 2.
Climate change hearings and markup have been among the highest priorities for
the committees that have jurisdiction over air issues (principally Senate Environment
and Public Works and House Energy and Commerce). Other clean air issues have not
been the main focus of attention, but many are being addressed, especially through
oversight of Administration actions. Oversight issues include:
- how best to control emissions of mercury and other pollutants from
electric power plants;
- whether EPA’s new standards for ambient air concentrations of fine
particulates and ozone and a proposed standard for lead adequately
reflect the state of the science;
and
- whether the EPA’s new process for setting ambient air quality
standards politicizes what traditionally have been scientific
judgments.
In addition to EPA, state governments and the courts have taken action on air
issues that has stirred congressional interest. On April 2, 2007, the Supreme Court
decided Massachusetts v. EPA, finding that EPA has authority under the Clean Air
Act to regulate greenhouse gas emissions from new motor vehicles and requiring
EPA to make a finding as to whether such emissions endanger public health or
welfare. On February 8, 2008, the D.C. Circuit Court of Appeals, in New Jersey v.
EPA, found EPA’s approach to the regulation of power plant mercury emissions to
be unlawful. Other cases involving climate change, clean air standards, and the
regulation of power plants are pending at the D.C. Circuit Court of Appeals and in
a number of federal and state courts. Decisions in these cases may prompt hearings
or legislation. In addition, states interested in setting more stringent environmental
standards are continuing to develop and implement regulations that go well beyond
the requirements of federal law. Of particular interest is California’s request for a
waiver of federal preemption to control greenhouse gas emissions from cars and light
trucks. On December 19, 2007, EPA announced that it would deny the waiver
request, and the agency’s Administrator signed a decision document February 29,
2008. California and more than a dozen other states are challenging the denial in
court, and legislation has been introduced in both the Senate (S. 2555) and the House
(H.R. 5560) to overturn the Administrator’s decision. [read report]
Topics: Air, Climate Change, Legislative
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