The EPA Chooses Political Expediency over Doing the Right Thing

In exempting up to twenty industrial facilities from new federal controls on air pollution and the gases blamed for global warming, the Environmental Protection Agency (EPA) has signaled that the Obama administration does not have the political will to move aggressively on any kind of global warming initiatives.

This cave-in was confirmed recently when a high ranking EPA official told a federal court that a California power plant which had been delayed would not have to comply with the rules. The agency rationalized in statement, that “…it was not fair or appropriate to require facilities with applications in the final stage of the review to comply with standards that have just recently taken effect.”

The delay for the facility was originally caused by the EPA’s demand to the federal court that the Avenal Power Center, LLC in central California would have “…to prove that its 600-megawatt, natural gas-fired power plant would not cause violations of a new standard on smog-forming nitrogen oxide”. The Avenal Power Center sued the EPA, citing prolonged delays on approving its permit, which was first submitted in February 2008.

The EPA’s reversal comes as Republican leaders in the House and Senate continue their attacks on the Obama administration’s proposed air pollution regulations which, the Republicans say, will kill projects and jobs. In their continuing efforts to neuter the EPA, these same leaders recently proposed legislation that would prevent the agency from regulating greenhouse gases under the Clean Air Act.

The EPA announced that between ten and twenty new facilities waiting for air pollution permits could also receive exemptions from the new pollution requirements.

After reviewing the court documents Michael Gerrard, an environmental law professor at Columbia University said, "It creates a strong argument for 'treat us the same way you treat this guy." Gerrard also said the move "is part of the administration's effort not to stop or be accused of stopping too many new projects."

The issue now is that removing the restrictions on up to twenty new facilities could open the door for hundreds of other projects to challenge the EPA’s pollution restrictions. If the administration and the EPA think that this reversal will quell the ongoing political attacks, they’ll be in for an unpleasant surprise as emboldened Republican leaders fight to lift restrictions on every plant waiting for a permit to be approved.

If, as it looks now, the agency and the administration lack the political will to make a stand the legislation will be effectively gutted. That would be to detriment of everyone, including the Republicans who seem so intent on heating the globe.