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of climate change in California are compelling and extraordinary comparedto the effects in the rest of the country. 213This is a final action by the Agency. 42 U.S.C. § 7607 contemplates review of finaladministrative actions. Review of a final action pursuant to §7543 must be taken in federalcircuit court. Section 7607 also contemplates a petition for reconsideration by the Administrator;however, there is no specific provision in the Code of Federal Regulations or pollutionprevention statutes providing for reconsideration of a waiver denial under §7543.Authority 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. 214 In terms of this specificproposal, there are indicators that the President’s authority is more limited. The CAA delegatesresponsibility for implementation of the CAA directly to the EPA. Further, section 7543(b)explicitly states that it is the Administrator of the EPA who shall make the determinationsnecessary for denying the waiver (see Statutes section above). Thus, the President can order theEPA to make a specific determination but it is not enforceable 215 and it falls within the categoryof overreaching by the President. However, the President can re-establish federal policy in thisregard.The Agency’s determination is, in part, based on the view that a national problem such as globalwarming should have a national approach (i.e., the same standard in every state). The Presidenthas substantial authority in planning federal energy and climate change policy as discussed inChapter II. The President could issue an executive order establishing a climate change policy thatwould encourage actions such as waivers for states that want to be more aggressive in theirapproach. Although the Agency has already taken final action on the waiver, such an executiveorder could impact any future reconsideration of the issue based on the outcome of the federalcase, for example. On the other hand, the agency’s decision is largely based on Agencyinterpretation of the statutory provision. Thus, if the federal court agrees with the agencyinterpretation, the outcome of the federal case may conclude this matter. A presidential policyshift will not provide the authority necessary to grant this particular waiver under section7453(b).Conclusion. This conclusion is subordinate to the outcome of the federal case. Any actiontaken by the President should be consistent with a federal ruling on the matter. First, the EPAAdministrator has taken final action on the waiver. There is a statutory provision that delegatesthis determination specifically to the Administrator. The President cannot substitute hisdetermination for that of the Administrator. However, the Administrator’s determination wasbased, in part, on the Agency’s view of national policy. The President can make clear, or reestablishthrough an executive directive, the policy of the U.S. in this regard. This could havebearing on the outcome of the federal case if it has not been decided when the next213 73 CFR 12,156.214 Boundaries Report, Chapter VI(1)(c).215 The President’s only recourse would be to discharge the Administrator and any future Administrator who did notgrant the waiver.CEES 51 | P age
administration takes office or on reconsideration of the issue by the Agency if there are groundsfor same.Poor candidate to implement by executive order. Alternative action suggested.CEES 52 | P age
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THE BOUNDARIES OF EXECUTIVE AUTHORI
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Proposal IndexPage NumberA Establis
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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 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 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
Page 90 and 91: President, but the President “may
Page 92 and 93: Declare that it is the responsibili
Page 94 and 95: 1. Statutory provisions that establ
Page 96 and 97: 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
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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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