PCAP - Presidential Climate Action Project

the Nation, paying particular attention to the needs for full employment, price stability, energysecurity, economic growth, environmental protection, nuclear non-proliferation, special regionalneeds, and the efficient utilization of public and private resources. . . .” 77 In addition, the reportthat is submitted with the Plan shall include a summary of research and development effortsfunded by the Federal government to forestall energy shortages, to reduce waste, to fosterrecycling, to encourage conservation practices, and to otherwise protect environmental quality,including recommendations for developing technologies to accomplish such purposes . . .” 78The NEPP must include a least cost energy strategy (LCES). 79 The strategy must be designed to“achieve to the maximum extent practicable” five objectives. Three of these are specific targetsfor increasing energy efficiency, increasing energy derived from renewable resources, andreducing national oil consumption, although the target dates have passed for the first two, andone of the targets is “the stabilization and eventual reduction in the generation of greenhousegases.” 80 Further, there are seven priorities that “shall be given full consideration.” The prioritiesclosely parallel the targets proposed here. 81Given the President’s role and authority in planning national energy and climate change policy,resort to additional supporting legislation is not technically necessary to conclude that thePresident has the authority to take the action in this proposal. However, there is a substantialamount of legislation that supports air pollution prevention, 82 energy conservation, 83 energyefficiency, 84 and the increased use of renewable energy. 85 Many of these statutes were notpassed explicitly to address global warming; nonetheless, they are all strategies to reducegreenhouse gas emissions and are supported by the establishment of the goals and targetsproposed here. Thus, these laws lend an additional level of legitimacy and credibility to theproposed directive in that the directive furthers the purposes and goals of the statutes and thepolicies represented by these laws.Finally, it should not go without mention that the U.S. is a party to and has ratified the UNFCCC.See Chapter II, part D. Although the U.S. is not committed to specific GHG reductions targetsbecause the U.S. is not a party to the Kyoto Protocol, as a party to the UNFCCC the U.S. iscommitted to the following objective: “to achieve . . . stabilization of greenhouse gasconcentrations in the atmosphere at a level that would prevent dangerous anthropogenic77 42 U.S.C. § 7321(b)(1) (emphasis added).78 Id. at § 7421(c)(4).79 Id. at § 13382(a) (the LCES is prepared by the DOE).80 Id. (the specific targets are specific goals in the following areas: increase energy efficiency, energy derived fromrenewable resources, and a reduction in national oil consumption).81 Id. at § 13382(d).82 See, e.g., the following Chapters of Title 42: 133 Pollution Prevention, 85 Air Pollution Prevention and Control(see especially 42 U.S.C. §§ 7410-7627 (the CAA)), 56 Environmental Quality Improvement, and 55 NationalEnvironmental Policy.83 See e.g., the following chapters of Title 42: 152 Energy Independence and Security, 149 National Energy Policyand Programs, 134 Energy Policy, 91 National Energy Conservation Policy, 81 Energy Conservation and ResourceRenewal, and 77 Energy Conservation.84 Id.85 See, e.g., the following Chapters of Title 42: 152 Energy Independence and Security, 125 Renewable Energy andEnergy Efficiency Technology Competitiveness, 96 Biomass Energy and Alcohol Fuels, and 71 Solar Energy.CEES 19 | P age