Obama Will Use Nixon Era Law To Drive Up Energy Costs
Posted: Fri Mar 15, 2013 2:04 pm
and construction costs...
"Obama Will Use Nixon-Era Law to Fight Climate Change
President Barack Obama is preparing to tell all federal agencies for the first time that they should consider the impact on global warming before approving major projects, from pipelines to highways.
The result could be significant delays for natural gas- export facilities, ports for coal sales to Asia, and even new forest roads, industry lobbyists warn.
“It’s got us very freaked out,” said Ross Eisenberg, vice president of the National Association of Manufacturers, a Washington-based group that represents 11,000 companies such as Exxon Mobil Corp. and Southern Co. The standards, which constitute guidance for agencies and not new regulations, are set to be issued in the coming weeks, according to lawyers briefed by administration officials.....
....While some U.S. agencies already take climate change into account when assessing projects, the new guidelines would apply across-the-board to all federal reviews. Industry lobbyists say they worry that projects could be tied up in lawsuits or administrative delays.
For example, Ambre Energy Ltd. is seeking a permit from the Army Corps of Engineers to build a coal-export facility at the Port of Morrow in Oregon. Under existing rules, officials weighing approval would consider whether ships in the port would foul the water or generate air pollution locally. The Environmental Protection Agency and activist groups say that review should be broadened to account for the greenhouse gases emitted when exported coal is burned in power plants in Asia......
......Lawyers and lobbyists are now waiting for the White House’s Council on Environmental Quality to issue the long bottled-up standards for how agencies should address climate change under the National Environmental Policy Act, signed into law by President Richard Nixon in 1970.
Environmental Impact
NEPA requires federal agencies to consider and publish the environmental impact of their actions before making decisions. Those reviews don’t mandate a specific course of action. They do provide a chance for citizens and environmentalists to weigh in before regulators decide on an action -- and to challenge those reviews in court if it’s cleared.....
......The White House guidance itself won’t force any projects to be stopped outright. Instead, it’s likely to prompt lawsuits against federal projects on these grounds, and increase the probability that courts will step in and order extensive reviews as part of the “adequate analysis” required in the law, said George Mannina, an attorney at Nossaman LLP in Washington.
Next Administration
“The question is: Where does this analysis take us?” he said. “Adequate analysis may be much broader than the agency and applicant might consider.”
While the Obama administration’s guidance could be easily rescinded by the next administration, the court rulings that stem from these cases will live on as precedents, Mannina said........
http://www.bloomberg.com/news/2013-03-1 ... hange.html" onclick="window.open(this.href);return false;
"Obama Will Use Nixon-Era Law to Fight Climate Change
President Barack Obama is preparing to tell all federal agencies for the first time that they should consider the impact on global warming before approving major projects, from pipelines to highways.
The result could be significant delays for natural gas- export facilities, ports for coal sales to Asia, and even new forest roads, industry lobbyists warn.
“It’s got us very freaked out,” said Ross Eisenberg, vice president of the National Association of Manufacturers, a Washington-based group that represents 11,000 companies such as Exxon Mobil Corp. and Southern Co. The standards, which constitute guidance for agencies and not new regulations, are set to be issued in the coming weeks, according to lawyers briefed by administration officials.....
....While some U.S. agencies already take climate change into account when assessing projects, the new guidelines would apply across-the-board to all federal reviews. Industry lobbyists say they worry that projects could be tied up in lawsuits or administrative delays.
For example, Ambre Energy Ltd. is seeking a permit from the Army Corps of Engineers to build a coal-export facility at the Port of Morrow in Oregon. Under existing rules, officials weighing approval would consider whether ships in the port would foul the water or generate air pollution locally. The Environmental Protection Agency and activist groups say that review should be broadened to account for the greenhouse gases emitted when exported coal is burned in power plants in Asia......
......Lawyers and lobbyists are now waiting for the White House’s Council on Environmental Quality to issue the long bottled-up standards for how agencies should address climate change under the National Environmental Policy Act, signed into law by President Richard Nixon in 1970.
Environmental Impact
NEPA requires federal agencies to consider and publish the environmental impact of their actions before making decisions. Those reviews don’t mandate a specific course of action. They do provide a chance for citizens and environmentalists to weigh in before regulators decide on an action -- and to challenge those reviews in court if it’s cleared.....
......The White House guidance itself won’t force any projects to be stopped outright. Instead, it’s likely to prompt lawsuits against federal projects on these grounds, and increase the probability that courts will step in and order extensive reviews as part of the “adequate analysis” required in the law, said George Mannina, an attorney at Nossaman LLP in Washington.
Next Administration
“The question is: Where does this analysis take us?” he said. “Adequate analysis may be much broader than the agency and applicant might consider.”
While the Obama administration’s guidance could be easily rescinded by the next administration, the court rulings that stem from these cases will live on as precedents, Mannina said........
http://www.bloomberg.com/news/2013-03-1 ... hange.html" onclick="window.open(this.href);return false;
