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
interference with the climate system.” 86 Further, Annex I countries (the U.S. is an Annex Icountry) have the following commitment: “the aim of returning individually or jointly to their1990 levels these anthropogenic emissions of carbon dioxide and other greenhouse gases notcontrolled by the Montreal Protocol.” 87The following is a brief summary of some additional legislation that is relevant to each of theproposals. This is in addition to the authority identified above.1) Reduce CO 2 emission at least 80% by 2050, compared to 1990, and at least 25% by2020.2. Establish aggressive goals for reducing greenhouse gas emissions.<strong>PCAP</strong> recommends greenhouse gas reduction goals along the lines ofthose framed by the Nicholas Institute at Duke University. The UnitedStates and other developed nations should begin cutting greenhouse gasemissions immediately to achieve reductions of 80%-90% by 2050. From2011 to 2020, greenhouse gas emission reductions in the United Statesshould average 3% annually, compared with 2010 levels. Thosereductions should be achieved by harvesting the economy’s low-hangingfruit – large gains in energy efficiency and the deployment of currentlyavailable low-emission energy supply technologies. This would reducenational greenhouse gas emissions 30% by 2020. <strong>PCAP</strong> Report 2:3.The U.S. commitment under the UNFCCC closely parallels this target. The U.S. along withother Annex I countries are committed to “the aim of returning individually or jointly to their1990 levels these anthropogenic emissions of carbon dioxide and other greenhouse gases notcontrolled by the Montreal Protocol.” 88 This includes a commitment to “take climate changeconsiderations into account, to the extent feasible, in . . . relevant social, economic andenvironmental policies and actions,” and “adopt national policies and take correspondingmeasures on the mitigation of climate change, by limiting its anthropogenic emissions ofgreenhouse gases. . . . “ 89 In addition, one of the five goals in the LCES is “the stabilization andeventual reduction in the generation of greenhouse gases.” 90 Further, it seems unavoidable thatCO 2 as well as other GHGs will be regulated as pollutants under the CAA. See Proposal B-14.The primary purpose of CAA regulation is to reduce the emission of such air pollutants.2) Reduce national petroleum consumption 50% by 2020, with no increase in domesticproduction.1. Recalibrate the national energy policy.86 United Nations Framework Convention on <strong>Climate</strong> Change, Art. 2 (1992), (hereinafter “UNFCCC”).87 Id. at art. 4(2)(b).88 Id. at art. 4(2)(b).89 Id. at art. 4(1)(f), (2)(a).90 42 U.S.C. § 13382(a)(2).CEES 20 | P age
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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