1973; (3) E.O. 12845, Requiring Agencies to Purchase Energy Efficient Computer Equipment,April 21, 1993; (4) E.O. 12873, Federal Acquisition, Recycling, and Waste Prevention, October20, 1993; (5) E.O. 13134, Developing and Promoting Biobased Products and Bioenergy, August12, 1999; (6) E.O. 13149, Greening the Government through Federal Fleet and TransportationEfficiency, April 21, 2000; (7) E.O. 13221, Energy Efficient Standby Power Devices, July 31,2001; and (8) E.O. 13432, Cooperation Among Agencies in Protecting the Environment withRespect to Greenhouse Gas Emissions from Motor Vehicles, Nonroad Vehicles, and NonroadEngines, May 14, 2007. E.O. 13432 explicitly addresses GHG emissions, while 13134 and13149 address GHG emissions as a policy concern.Generally, there is sufficient legal authority to support a federal energy management executiveorder addressing climate change and greenhouse gas emissions as contemplated by this proposal.Most if not all of the proposals in this section have been the subject of, or included in, one ormore of the above executive orders. E.O. 13130 is an example of a government-wide energymanagement executive order; E.O 13148 is an example of a government-wide environmentalmanagement executive order.The following analysis is organized into 3 sections: Goals and Targets (proposals 1-4);Oversight (proposals 5-7); Procurement (proposals 8-9). We begin the analysis with theproposition that, generally, the President has the authority to issue an executive order addressingmanagement of federal operations in regard to energy, climate change and greenhouse gasemissions as established above. As for each specific proposal, the following analysis identifiesspecific executive orders or statutes that further support (in addition to the authority previouslylaid out) the action proposed, or that present a legal barrier.Goals and Targets (1-4)Generally, the President has the authority to set goals and targets regarding the management offederal operations under his oversight authority. Specific goals and targets related to theseproposals have been included in the following executive orders: E.O. 13149, E.O. 13123, E.O.12902, E.O. 12759, E.O. 12003, and E.O. 13423. These are reviewed further in the relevantsection below. Further, pursuant to 42 U.S.C. § 6361, “[t]he President shall, to the extent of hisauthority under other law, establish or coordinate Federal agency actions to develop mandatorystandards with respect to energy conservation and energy efficiency to govern the procurementpolicies and decisions of the Federal Government and all Federal agencies, and shall take suchsteps as are necessary to cause such standards to be implemented.”1. Zero net emission goals for buildingsThe establishment of this target is explicitly supported by federal legislation. Congress hasenacted energy conservation standards for new buildings. One purpose of this law is to “redirectFederal policies and practices to assure that reasonable energy conservation features will beincorporated into new commercial and residential buildings receiving Federal financialCEES 75 | P age
assistance.” 300 Beginning in 2006, the Secretary of Interior has been required to establish revisedFederal building energy efficiency performance standards that require that “if life-cycle costeffectivefor new Federal buildings, the buildings shall be designed to achieve energyconsumption levels that are at least 30 percent below the levels established in the 2005 version ofthe ASHRAE Standard or the International Energy Conservation Code and that sustainabledesign principles are applied to the siting, design, and construction of all new and replacementbuildings. 301Further, not later than December 19, 2008, the Secretary shall establish, by rule, revised Federalbuilding energy efficiency performance standards that apply to new Federal buildings andFederal buildings undergoing major renovations. The buildings shall be designed so that thefossil fuel-generated energy consumption of the buildings is reduced by the followingpercentages as compared with 2003 energy consumption by similar buildings – 55% by 2010;65% by 2015; 80% by 2020; 90% by 2025; 100% by 2030. 302Subsequent to release of the <strong>PCAP</strong> Report, Congress passed the EISA which created an entiresubchapter in the U.S. Code devoted to Energy Savings in Buildings and Industry. 303 The Actincludes a Zero Net Commercial Building Initiative. 304 One of the attributes of a “zero-netbuilding” is that it is designed, constructed and operated in a manner that will result in no netemissions of GHGs. 305 The goal of the initiative is to develop and disseminate technologies,practices, and policies for the development and establishment of zero net energy commercialbuildings for: (1) any commercial building newly constructed in the United States by 2030; (2)50 percent of the commercial building stock of the United States by 2040; and (3) all commercialbuildings in the United States by 2050. 306 Generally all federal agencies are prohibited fromentering into contracts or leases in buildings that have not earned the Energy Star label beginningin December 2010. An Office of High-Performance Green Buildings is established and theDirector is authorized to identify incentives to “encourage the expedited use of high-performancegreen buildings.” The law includes provisions for reviews, audits, performance standards,outreach, etc.Further, a number of executive orders have been issued in the past establishing targets and goalsfor reducing or conserving the energy used in federal buildings. Some examples of theseexecutive orders include: E.O. 13423 (sustainable buildings); E.O. 13123 (lead the nation inenergy efficient building design and establishes targets), E.O. 12902 (new building design tomeet objectives of the Order, energy efficiency and water conservation, and establishes targets).E.O. 12759 (establishes targets for reducing overall use of BTUs per gross square foot of Federalbuildings); and E.O. 12003 (includes targets for reducing annual energy use for existing Federalbuildings).300 42 U.S.C. § 6831(a)(2).301 Id. at § 6834(a)(3)(A).302 Id. at § 6834(a)( 3)(D).303 Subchapter III of Title 42 Chapter 152.304 42 U.S.C. § 17082 et. seq.305 Id. at § 17082 (a)(3)(C).306 Id. at § 17082(c).CEES 76 | 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
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I. IntroductionThis report is a fol
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• The President shall not substit
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42, Chapter 77, Subchapter III expl
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In addition, it delegates to the Pr
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C. Presidential ProclamationsThere
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2. The developed country Parties an
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A. Establish National Energy and Ca
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the Nation, paying particular atten
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The President should establish the
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The President should establish the
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- 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
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- Page 70 and 71: Direct the DOT to reconvene the Cli
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- Page 78 and 79: 3. Background.OMB performs legislat
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- Page 88 and 89: 4. GHG reduction goals to transport
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- Page 92 and 93: Declare that it is the responsibili
- Page 94 and 95: 1. Statutory provisions that establ
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- Page 98 and 99: species is listed as a threatened s
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- Page 106 and 107: economic, and other requirements of
- Page 108 and 109: environment.” Based on the polici
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- Page 112 and 113: special committees but are expressl
- Page 114 and 115: Direct the federal Climate Change S
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- Page 118 and 119: E. Mobilize the MarketplaceDirect t
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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