PCAP - Presidential Climate Action Project

Executive Orders. There are 30 executive orders published in the Federal Register thatspecifically name the FTC for inclusion. 128 The earliest is dated August 2, 1938; however, ofthose relevant here (18), the orders are limited to participation in advisory groups, workinggroups, councils, task forces and the like (14) and government operations (e.g., procurement,promoting policies and providing information to other agencies). The former are groups that aretasked to coordinate actions and/or review government operations or policies on specific issues.There are no executive orders that direct the FTC in the substantive work of the agency such asthe proposed action here.Conclusion. The FTC is an independent agency by statutory designation and attribute. Thus,there is little basis for presidential authority in terms of directing the action specified in thisproposal. However, the FTC is currently undertaking a review of this action. It is probably not acoincidence that the final decision on amendments to the Green Guides will not come until afterthe next presidential election. Because of this timing, the FTC will be able to consider the nextadministration’s policy on climate change. The FTC efforts will focus on consumer protection, itdoes not plan to develop environmental standards for carbon offsets and RECs. If the President isnot satisfied with the final action one option is to seek intervention by Congress, i.e. a statutedirecting the FTC to amend the final action or directing additional review by the Commission.Poor candidate to implement by executive order. Alternative action suggested.128 Executive Orders 13402, 13133, 12262, 12124, 12138, 12052, 12022, 11614, 11349, 11136, 10370, 10161, 8839,and 8734 (task forces and the like); 12849, 12260 (procurement policy); 12138 (promote female-owned business);10033 (provide statistical information); 11704, 11642, 11568, 10908, 10544, 10090, 9833, 9830, 98909, 9004, 8082,7942 (other).CEES 31 | P age