PCAP - Presidential Climate Action Project

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In addition, it delegates to the President significant authority for establishing policy in this area.“The President, through the Environmental Protection Agency shall be responsible fordeveloping and proposing to Congress a coordinated national policy on global climate change.” 46Title 15 Commerce and Trade, Chapter 56a Global Change Research. 47The purpose of this chapter is “to provide for development and coordination of a comprehensiveand integrated United States research program which will assist the Nation and the world tounderstand, assess, predict, and respond to human-induced and natural processes of globalchange.” 48This chapter delegates substantial authority directly to the President. The President, through theFederal Coordinating Council on Science, Engineering and Technology (“the Council”), shallestablish a Committee on Earth and Environmental Sciences (“the Committee”). The Committeeshall carry out council functions relating to global change research. 49 The chairperson of theCommittee is selected by the Committee. 50The President shall establish an interagency U.S. Global Change Research Program (GCRP); itwill be implemented by the National Global Change Research Plan (NGCRP or Plan) developedunder § 2934. 51 The Council, through the Committee, develops the Plan. The Plan shall containrecommendations for national global change research. The Council shall submit the Plan toCongress in November 1990 and shall revise it at least once every 3 years thereafter. 52 Indeveloping the Plan the Committee shall consult with academic, State, industry, andenvironmental groups and representatives. 53 The National Research Council evaluates thescientific content of Plan. 54The Committee shall prepare an assessment for the President and Congress interpreting findingsof the GCRP no less than every four years. 55 The President, the Council, and the Secretary ofCommerce shall ensure that activities of the NCP (discussed above) are considered in developingnational global change research efforts. 56 Research findings shall be made available to the EPAand all federal agencies for use in formulation of coordinated policies. 5746 15 U.S.C. § 2901 Note, § 1103(b). See also, 15 U.S.C. § 2938(b)(1).47 Id. at. §§ 2921-2961.48 Id. at. § 2931(b).49 42 U.S.C. § 6651.50 15 U.S.C. § 2932(c).51 Id. at § 2933.52 Id. at § 2934(a).53 Id. at § 2934(f).54 Id. at § 2934(e).55 Id. at § 2936.56 Id. at § 2938 (a).57 Id. at § 2938 (b).CEES 11 | P age
Title 7 Agriculture, Chapter 96 Global <strong>Climate</strong> Change. 58This chapter establishes the Global <strong>Climate</strong> Change Program within the U.S. Department ofAgriculture (USDA) as a “focal point for coordinating all issues of climate change.” 59 Thischapter also charges the USDA with a number of responsibilities consistent with the agency’smission, for example, studying the effects of global climate change on agriculture and forestry;the means of mitigating the effects of global climate change on crops of economic significance;and the emissions of methane, nitrous oxide, and hydrocarbons from tropical and temperateforests. 60 Further, the USDA shall establish an office of international forestry and undertakedemonstration projects in urban forestry and biomass energy.B. Executive OrdersThere are five executive orders that explicitly address global warming, climate change or GHGs:1) E.O. 13123, June 3, 1999: Greening the Government through Efficient EnergyManagement.2) E.O. 13134, August 12, 1999: Developing and Promoting Biobased Productsand Bioenergy.3) E.O. 13149, April 12, 2000: Greening the Government through Federal Fleetand Transportation Efficiency.4) E.O. 13423, January 24, 2007: Strengthening Federal Environmental, Energy,and Transportation Management.5) E.O. 13432, May 14, 2007: Cooperation Among Agencies in Protecting theEnvironment With Respect to GHG Emissions From Motor Vehicles,Nonroad Vehicles, and Nonroad Engines.Each of these executive orders is substantial in its content. For example, E.O. 13423, 13123 and13249 are comprehensive directives that include a statement of national policy, specific targetsand goals, and specific duties for the relevant agencies to implement the orders. E.O. 13134includes a statement of national policy and undertakes to develop a comprehensive nationalstrategy. E.O. 13432 establishes a national policy and directs the coordination of agency actionsin regard to this policy. Again, these are the executive orders that explicitly address globalwarming, climate change or GHGs. There are numerous other executive orders relevant toclimate change policy, such as executive orders concerning energy efficiency, energy security,energy conservation, alternative sources of energy and the like, but the point here is that foralmost a decade climate change has explicitly been the subject matter of executive orders.58 7 U.S.C. §§ 6701-6711.59 Id. at § 6701(a).60 Id. at § 6702.CEES 12 | P age
Page 1 and 2: THE BOUNDARIES OF EXECUTIVE AUTHORI
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Page 6 and 7: Proposal IndexPage NumberA Establis
Page 8 and 9: D-01 Direct the federal Climate Cha
Page 10: I. IntroductionThis report is a fol
Page 16 and 17: • The President shall not substit
Page 18 and 19: 42, Chapter 77, Subchapter III expl
Page 22 and 23: C. Presidential ProclamationsThere
Page 24 and 25: 2. The developed country Parties an
Page 26 and 27: A. Establish National Energy and Ca
Page 28 and 29: the Nation, paying particular atten
Page 30 and 31: The President should establish the
Page 32 and 33: The President should establish the
Page 34 and 35: This proposal is framed in terms of
Page 36 and 37: partnership is working to reduce me
Page 38 and 39: Good candidate to implement by exec
Page 40 and 41: Executive Orders. There are 30 exec
Page 42 and 43: Congress annually a comprehensive r
Page 44 and 45: The Rural Utilities Services (RUS)
Page 46 and 47: through the energy policy, has some
Page 48 and 49: Direct the EPA to work with the Chi
Page 50 and 51: private members: E.O. 12216, the Pr
Page 52 and 53: 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
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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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Direct the Council on Environmental
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C. Improve Federal StewardshipDirec
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3. Background.OMB performs legislat
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There are numerous executive orders
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Federal Energy Management Executive
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1973; (3) E.O. 12845, Requiring Age
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This proposal is consistent with an
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4. GHG reduction goals to transport
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President, but the President “may
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Declare that it is the responsibili
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1. Statutory provisions that establ
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whenever feasible; and disposal or
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species is listed as a threatened s
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Determination of priorities which a
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3.2 Declaring that it is the respon
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Management, (June 3, 1999) includes
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economic, and other requirements of
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environment.” Based on the polici
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D. Protect American Taxpayers from
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special committees but are expressl
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Direct the federal Climate Change S
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The CCSP is an executive branch age
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E. Mobilize the MarketplaceDirect t
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pollutants. Further, courts give gr
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Direct the Council on Environmental
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methods, and data related to sustai
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F. Build Public-Private Partnership
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printed in the Federal Register and
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that officer or employee. Advisory
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A-06A-07B-01B-02B-03B-04B-05B-06B-0
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C-02.7C-02.8C-02.9C-03C-03.1C-03.2C
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Appendix AStatutes with Specific Te
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(C) assess the potential for the de
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15 U.S.C.A. § 657hTitle 15. Commer
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(5) Climate fluctuation and change
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(4) global data collection, and mon
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15 U.S.C.A. § 2932§ 2932. Committ
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implementation of any Federal actio
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(2) Projects eligible for funding u
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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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