methods, and data related to sustainable development indicators. Throughout 1995, the SDIGroup provided information and advice to the President’s Council on Sustainable Development.As part of the SDI Group, CEQ roundtables have been established for forests, rangelands,minerals and water resources. 445Authority over the Agency. The CEQ, by statute, is established in the EOP. The CEQ iscomprised of three members who are not only appointed by the President, but by statute “serve athis pleasure,” by and with the advice and consent of the Senate. Further, the Presidentdesignates the Chairman from one of the members of the CEQ. By statute, however, themembers must have certain qualifications: “[e]ach member shall be a person who, as a result ofhis training, experience, and attainments, is exceptionally well qualified to analyze and interpretenvironmental trends and information of all kinds; to appraise programs and activities of theFederal Government in the light of the policy set forth in subchapter I of this chapter; to beconscious of and responsive to the scientific, economic, social, esthetic, and cultural needs andinterests of the Nation; and to formulate and recommend national policies to promote theimprovement of the quality of the environment.” 446 Based on these attributes, (e.g., located in theEOP, appointed by the President, serve at the pleasure of President) the authority of the Presidentis at its peak over an entity such as the CEQ. 447In addition, the duties of the CEQ are explicitly tied to assisting the President. It is the duty andfunction of the CEQ to compile and submit to the President studies relating to conditions andtrends; review and appraise the various programs and activities of the Federal Government and tomake recommendations to the President with respect thereto; to develop and recommend to thePresident national policies; to report at least once each year to the President on the state andcondition of the environment; and to make and furnish such studies, reports thereon, andrecommendations with respect to matters of policy and legislation as the President mayrequest. 448The Office of Environmental Quality is also established in the EOP. In carrying out hisfunctions as the Director of the Office, the Chairman of the CEQ “shall assist and advise thePresident on policies and programs of the Federal Government affecting environmentalquality.” 449Executive Orders. There are numerous executive orders that direct agencies to proceedexpeditiously on a matter. For example, E.O. 13158 directs the EPA to begin rulemaking toaddress the protection of beaches, coasts, and the marine environment from pollution and to445 Information about the SDI Group is available at the NASA Website:http://www.hq.nasa.gov/iwgsdi/SDI_Org_SDI_Group.html. Information about the roundtables is available at theSDI Web site: http://www.sdi.gov/#link8.446 42 U.S.C. § 4342.447 See Boundaries Report, Chapter VI, Intro., 1(b), 1(c).448 42 U.S.C. § 4344.449 Id. at § 4372(d).CEES 115 | P age
expeditiously propose new regulations. 450demand immediacy. 451Further, there are numerous executive orders thatConclusion. The President has the authority to order the CEQ to expedite the development ofnational sustainability indicators. This falls squarely within the CEQ’s mission and thePresident’s authority over the CEQ is substantial.Good candidate to implement by executive order.450 Exec. Order No. 13,158, Marine Protected Areas, sec. 2(f), (May 26, 2000); see also, e.g., Exec. Order Nos.:13274 (agencies shall to the maximum extent practicable expedite their reviews for relevant permits or otherapprovals, and take related actions as necessary); 13212 (agencies shall expedite projects that will increase theproduction, transmission, or conservation of energy, expedite their review of permits or take other actions asnecessary); 13139 (expeditiously review waiver requests); 13101 (expedite the process of designating items that areor can be made with recovered materials); 12333 (procedures required by this Order shall be established asexpeditiously as possible); 12153 (the Secretary shall expeditiously conduct a public inquiry as to what other typesof heavy crude oil, if any, should be exempted from price controls).451 E.g., Exec. Order Nos.: 13186 (agencies are encouraged to immediately begin implementing the conservationmeasures set forth above); 13271 (the Attorney General shall immediately establish within the Department of Justicea Corporate Fraud Task Force); 13103 (agencies are encouraged to immediately test and evaluate the principles andconcepts contained in the EPA’s guidance on the Acquisition of Environmentally Preferable Products).CEES 116 | 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
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Direct the EPA to immediately begin
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scientific judgment.” 199 Further
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Direct the EPA to immediately grant
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of climate change in California are
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Direct the EPA and DOE to collabora
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The ATA is a private entity, and as
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and Bioenergy, establishes an inter
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Authority over the Entities Subject
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Direct the DOT to reconvene the Cli
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Direct NASA to restore earth scienc
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- Page 92 and 93: Declare that it is the responsibili
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- Page 154 and 155: 22 U.S.C.A. § 7902§ 7902. Reducti
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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