PCAP - Presidential Climate Action Project

Declare that it is the responsibility of the federal government to protect the atmosphereand related natural systems as a global commons and public trust. Declare that protectionof the atmosphere is a principal duty of federal program managers and incorporate thatresponsibility into managers’ performance standards and ratings.C-3The President should issue a declaration that the atmosphere is a global commons whosebenefits and obligations for stewardship extend to all Americans, present and future. . . . While adeclaration of the commons would not have the force of law, it would establish and make visiblea principle that should govern domestic and international policy in the years ahead – therecognition of our obligation to protect the resources on which all people depend. PCAP Report2:2-3.The President should issue these directives . . .• The President should establish the policy that all elected and agency officials are trusteesof resources owned by the American public. The President should direct agency officialsto approach climate security as a national security priority and to use their authoritiesand resources to protect the ecological trust. PCAP Report, 9:4.Generally. There are two parts to this proposal: (1) declaring that the atmosphere is a globalcommons that should be protected; and (2) declaring that it is the responsibility of federalemployers to protect the atmosphere as a global commons (or public trust) and incorporating thatresponsibility into performance standards and ratings.In regard to the first part of the proposal, the declaration to the general public is aspirational. Asproposed in the PCAP Report it will have no legal effect. By convention, directives that areissued to those outside the government are issued as presidential proclamations; executive ordersare directed to officials within the government. 315 In addition, proclamations are better suited foraspirational directives. 316 Presidents frequently combine directive tools to implement policies.For example, for this proposal a presidential proclamation could be used for the first part of theproposal, directed to the public, and an executive order for the second part directed to federalagencies and referencing the proclamation.In terms of the second part of this proposal, incorporating protection of the atmosphere into theduties of federal program managers and translating that into performance standards and ratings,the President has significant authority over the performance appraisal system for federalemployees. It is not uncommon for a president to issue an executive order establishing ordeclaring a federal policy and directing that agencies incorporate corresponding duties intoperformance standards (or establishing an award system for successful implementation of the315 See Boundaries Report, Chapter II(1), (2).316 See, e.g., Section I of this report (proclamation section).CEES 83 | P age