PCAP - Presidential Climate Action Project

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partnership is working to reduce methane emissions in four key sectors: agriculture (animalwaste management), coal mines, landfills, and oil and gas systems. The Partnership is led by theEnvironmental Protection Agency, working closely with the Department of State, theDepartment of Energy, and the United States Agency for International Development. 112The EPA launched the LMOP to encourage productive use of methane as part of the UnitedStates’ commitment to reduce greenhouse gas emissions under the UNFCCC. It is a voluntaryassistance and partnership program that promotes the use of landfill gas as a renewable, greenenergy source. The LMOP provides information, software tools, marketing assistance, andaccess to technical experts to facilitate development of landfill gas energy projects. 113Authority over the EPA. The EPA is neither an executive department nor an independentagency. In terms of the President’s authority over agencies, generally, the President’s authorityover the EPA would be much the same as an executive department. 114 In terms of this specificproposal, the President has the authority to direct the EPA to accelerate its efforts to the extentpermitted by law. 115 This authority will be further enhanced if the EPA determines that GHGsendanger public health or welfare under the CAA based on their impact on global climatechange, 116 considering: 1) the President’s constitutional authority as the person vested with thepower of the Executive Branch, duty to take care the laws be faithfully executed, and duty topreserve, protect and defend the Constitution including the purpose of promoting the generalwelfare; 117 2) the President’s substantial authority in planning energy and climate policy asestablished in Chapter II of this report; and 3) the science regarding climate change and GHGemissions.Executive Orders. There are numerous executive orders that direct agencies to proceedexpeditiously. For example, E.O. 13158 directs the EPA to begin rulemaking to address theprotection of beaches, coasts, and the marine environment from pollution and to expeditiouslypropose new regulations. 118 Further there are numerous executive orders that demandimmediacy. 119112 White House press release, available at http://www.whitehouse.gov/news/releases/2004/07/20040728-2.html113 Information about the LMOP is available at EPA’s Web site: http://www.epa.gov/lmop114 Boundaries Report, Chapter VI(1)(c).115 There are timelines set for certain activities under the Act. See Boundaries Report, Chapter VIII(1).116 See Proposal B-7.117 U.S. Const., Art. II, sects. 1, 3, and Art. I, forward.118 Exec. Order No. 13158, sec. 2(f), 65 Fed. Reg. 34, 909 (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 other approvals, andtake related actions as necessary); 13212 (agencies shall expedite projects that will increase the production,transmission, or conservation of energy, expedite their review of permits or take other actions as necessary); 13139(expeditiously review waiver requests); 13101 (expedite the process of designating items that are or can be madewith recovered materials); 12333 (procedures required by this Order shall be established as expeditiously aspossible); 12153 (the Secretary shall expeditiously conduct a public inquiry as to what other types of heavy crudeoil, if any, should be exempted from price controls).119 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 27 | P age
Conclusion. Based on the authority under which the EPA is conducting its activities in regard tomethane capture and storage and past executive action, the President has the authority to orderthe EPA to expedite its work in this area, limited only by the specific time requirements in theCAA.Good candidate to implement by executive order.CEES 28 | 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 20 and 21: In addition, it delegates to the Pr
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 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
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
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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
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 104 and 105:
Management, (June 3, 1999) includes
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
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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
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methods, and data related to sustai
Page 126 and 127:
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
Page 172 and 173:
(b) GoalsThe program shall have the
Page 174 and 175:
Subchapter II. Energy Security thro
Page 176 and 177:
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
Page 184 and 185:
Appendix BProclamations that Addres
Page 186 and 187:
8) Proc. 7150, Nov. 20, 1998, World
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PCAP - Presidential Climate Action Project

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