PCAP - Presidential Climate Action Project

preferable” means products or services that have a lesser or reduced effect on human health andthe environment when compared with competing products or services that serve the samepurpose. This comparison may consider raw materials acquisition, production, manufacturing,packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.E.O. 13423 requires agency acquisition of biobased, environmentally preferable, energyefficient,water-efficient, and recycled-content products, and use of paper of at least 30 percentpost-consumer fiber content.9. Link energy efficiency and emissions goals to financial assistanceThe government should exert its purchasing power . . . downstream by linking energy andemissions goals to financial assistance. PCAP Report 8:9.As established in Chapter IX of the Boundaries Report, in regard to federal financial assistance,state and local governments can only be affected by the executive order where there is some tiebetween the specific area of state government in question and the federal government. It isenough that a state project is receiving federal support. 314 Again, the action proposed must berelated to the economical and efficient of operation of government, and the courts have acceptedfairly attenuated connections (see item 8 above). In addition, the actions prescribed by the orderand any subsequent actions resulting from the order must not contradict any other law. Thus, forthis proposal if the financial assistance that is the subject matter of the order is established bystatute, or is associated with a program that is established by statute, a review should beundertaken for any potential conflict. If the order is of general applicability (e.g., all agencies,all financial assistance, etc.) language that addresses this issue should be included in the order,for example, “this order applies to all financial assistance, provided there is no conflict withother law.”Again it is not uncommon for executive orders to link financial assistance with theimplementation of a policy, for example, E.O. 11602 provides as follows:Policy. It is the policy of the Federal Government to improve and enhanceenvironmental quality. In furtherance of that policy, the program prescribedin this Order is instituted to assure that each Federal agency empowered toenter into contracts for the procurement of goods, materials, or services andeach Federal agency empowered to extend Federal assistance by way ofgrant, loan, or contract shall undertake such procurement and assistanceactivities in a manner that will result in effective enforcement of the CleanAir Act.Conclusion. Pursuant to the President’s broad authority over federal government operations,supported by additional congressional declarations and statutory provisions that support many ofthese proposals and past practice, the President has the authority to issue a federal energymanagement executive order that includes the above proposals.Good candidates to implement by executive order (9 proposals).314 See Boundaries Report Chapter IX(2)(a).CEES 82 | P age