PCAP - Presidential Climate Action Project

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Management, (June 3, 1999) includes the following provision in regard to performanceevaluations:Conclusion.Agencies shall include successful implementation of provisions of this orderin areas such as Energy-Savings Performance Contracts, sustainable design,energy efficient procurement, energy efficiency, water conservation, andrenewable energy projects in the position descriptions and performanceevaluations of agency heads, members of the agency energy team, principalprogram managers, heads of field offices, facility managers, energymanagers, and other appropriate employees.The President has the authority to issue an aspirational proclamation in regard to treating theatmosphere as a global common. There is sufficient authority to give it credibility. In terms ofusing this proclamation as the basis for a policy that extends to federal managementresponsibilities, there is substantial authority to proclaim it as a policy that agencies shouldrecognize. In terms of directing agencies to coordinate their activities around this policy, the keywill be how this principle is translated into duties and responsibilities (e.g., strategies that reduceGHG emissions). Thus, this conclusion comes with as significant caveat, that the duties andresponsibilities will be developed in a manner that is consistent with and does not conflict withother federal policy or law.The OPM Director has substantial authority over agency performance evaluation systems. TheDirector, in turn, executes, administers, and enforces the civil service rules and regulations of thePresident. Thus, the President, generally, has the authority to implement the second part of thisproposal by executive order. This is further supported by the historical use of executive orders toimplement performance standards and reward systems for federal managers. This is subject tothe caveat that objective criteria can be established for the performance standards. That is, theprinciple of “protecting the atmosphere as a global commons (or public trust)” must be translatedinto understandable duties and responsibilities and corresponding standards.By convention, an aspirational declaration directed to the public is typically executed bypresidential proclamation, while orders to agencies are by executive order. The President shouldconsider issuing this proposal with two directives: a presidential proclamation declaring theatmosphere a global common; and an executive order directing agencies to include this principlein their management activities and performance appraisals. The executive order would referencethe proclamation.3.1 Aspirational Declaration: Good candidate to implement with executive directive.Alternative form suggested.3.2 Incorporating the principle into federal management responsibilities: Questionablecandidate (or good candidate with a significant caveat) to implement by executive order.CEES 95 | P age
The President should require that all federal agencies include an analysis of the effects offederal actions on global warming as part of any NEPA assessment process. The Presidentshould direct the CEQ to provide guidance in the selection and development of protocolsand procedures to guide comprehensive, quantitative assessments of GHG emissions forevery action subject to NEPA.C-4The President shall issue an executive order directing as follows:The Chairman of the CEQ shall issue a Guidance Memorandum thatclarifies that global warming must be addressed in NEPA compliancedocuments and issue instructions to agencies on how, when, and where toinclude global warming assessments in NEPA processes. Additionally, theChairman shall support formal rulemaking processes through whichguidance shall be incorporated into agency policy.The Report goes on to provide details for the Guidance Memorandum and requires a report to beprepared by the Chairman of the CEQ and the Administrator of the EPA and submitted to thePresident annually. 352Background. This proposal is not in the <strong>PCAP</strong> Report; however, <strong>PCAP</strong> asked us to evaluatethis proposal developed by the Center for American Progress. 353Statutes. The National Environmental Protection Act (NEPA) 354 is designed to provide fulldisclosure of the environmental effects of federal actions to the government and public. Theintent of the law is to provide decision-makers with the information necessary to understand theenvironmental impacts associated with their decisions. NEPA establishes the CEQ and therequirement that federal agencies prepare an environmental impact statement (EIS) for certainproposed actions. See Proposal E-2 for more information about the CEQ and the Office ofEnvironmental Quality which supports the CEQ.National Policy. The Congress declares, as national environmental policy, “that it is thecontinuing policy of the Federal Government, . . . to use all practicable means and measures, . . .in a manner calculated to foster and promote the general welfare, to create and maintainconditions under which man and nature can exist in productive harmony, and fulfill the social,352 Christopher Pyke and Kit Batten, Full Disclosure: An Executive Order to Require Consideration of GlobalWarming Under the National Environmental Policy Act (Center for American Progress May 2008).353 Id. at 14.354 Codified at 42 U.S.C. § 4331 et. seq.CEES 96 | P age
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THE BOUNDARIES OF EXECUTIVE AUTHORI
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Proposal IndexPage NumberA Establis
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D-01 Direct the federal Climate Cha
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I. IntroductionThis report is a fol
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• The President shall not substit
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42, Chapter 77, Subchapter III expl
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In addition, it delegates to the Pr
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C. Presidential ProclamationsThere
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2. The developed country Parties an
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A. Establish National Energy and Ca
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the Nation, paying particular atten
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The President should establish the
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The President should establish the
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This proposal is framed in terms of
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partnership is working to reduce me
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Good candidate to implement by exec
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Executive Orders. There are 30 exec
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Congress annually a comprehensive r
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The Rural Utilities Services (RUS)
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through the energy policy, has some
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Direct the EPA to work with the Chi
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private members: E.O. 12216, the Pr
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next 20 years.” 181 From the publ
Page 54 and 55: Direct the EPA to immediately begin
Page 56 and 57: scientific judgment.” 199 Further
Page 58 and 59: Direct the EPA to immediately grant
Page 60 and 61: of climate change in California are
Page 62 and 63: Direct the EPA and DOE to collabora
Page 64 and 65: The ATA is a private entity, and as
Page 66 and 67: and Bioenergy, establishes an inter
Page 68 and 69: Authority over the Entities Subject
Page 70 and 71: Direct the DOT to reconvene the Cli
Page 72 and 73: Direct NASA to restore earth scienc
Page 74 and 75: Direct the Council on Environmental
Page 76 and 77: C. Improve Federal StewardshipDirec
Page 78 and 79: 3. Background.OMB performs legislat
Page 80 and 81: There are numerous executive orders
Page 82 and 83: Federal Energy Management Executive
Page 84 and 85: 1973; (3) E.O. 12845, Requiring Age
Page 86 and 87: This proposal is consistent with an
Page 88 and 89: 4. GHG reduction goals to transport
Page 90 and 91: President, but the President “may
Page 92 and 93: Declare that it is the responsibili
Page 94 and 95: 1. Statutory provisions that establ
Page 96 and 97: whenever feasible; and disposal or
Page 98 and 99: species is listed as a threatened s
Page 100 and 101: Determination of priorities which a
Page 102 and 103: 3.2 Declaring that it is the respon
Page 106 and 107: economic, and other requirements of
Page 108 and 109: environment.” Based on the polici
Page 110 and 111: D. Protect American Taxpayers from
Page 112 and 113: special committees but are expressl
Page 114 and 115: Direct the federal Climate Change S
Page 116 and 117: The CCSP is an executive branch age
Page 118 and 119: E. Mobilize the MarketplaceDirect t
Page 120 and 121: pollutants. Further, courts give gr
Page 122 and 123: Direct the Council on Environmental
Page 124 and 125: methods, and data related to sustai
Page 126 and 127: F. Build Public-Private Partnership
Page 128 and 129: printed in the Federal Register and
Page 130 and 131: that officer or employee. Advisory
Page 132 and 133: A-06A-07B-01B-02B-03B-04B-05B-06B-0
Page 134 and 135: C-02.7C-02.8C-02.9C-03C-03.1C-03.2C
Page 136 and 137: Appendix AStatutes with Specific Te
Page 138 and 139: (C) assess the potential for the de
Page 140 and 141: 15 U.S.C.A. § 657hTitle 15. Commer
Page 142 and 143: (5) Climate fluctuation and change
Page 144 and 145: (4) global data collection, and mon
Page 146 and 147: 15 U.S.C.A. § 2932§ 2932. Committ
Page 148 and 149: implementation of any Federal actio
Page 150 and 151: (2) Projects eligible for funding u
Page 152 and 153: emissions associated with each type
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22 U.S.C.A. § 7902§ 7902. Reducti
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(c) Performance reviews and reports
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(3) Priority for integrated gasific
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[It is the purpose of this chapter
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(i) that no low greenhouse gas emit
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(3) prepare and transmit to the Con
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42 U.S.C.A. § 13384§ 13384. Asses
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(i) Selection of projects(3) In sel
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(1) In generalThe Secretary, in con
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(b) GoalsThe program shall have the
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Subchapter II. Energy Security thro
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Subchapter IV. Energy Savings in Go
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(B) to reduce emissions of covered
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§ 17334. Actions by overseas priva
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(5) be committed to minimizing admi
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Appendix BProclamations that Addres
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8) Proc. 7150, Nov. 20, 1998, World
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PCAP - Presidential Climate Action Project

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