Articles by Kate Sheppard

Skeptics hope D.C. snow will put the freeze on Gore's testimony

The nation's capital is currently in the grips of Snowpacalypse '09 (meaning, in D.C. parlance, we have about 2 inches of snow on the ground).

Climate skeptics are already giddy about the fact that a) clearly this demonstrates that global warming is a ginourmous lie; and b) it may mean Al Gore's scheduled testimony before the Senate Foreign Relations Committee tomorrow gets put on hold.

LaHood on the auto industry and Obama's clean-car moves

"The car manufacturers knew this was coming. I don't think you're going to see them get a lot of heartburn over this."

-- Transportation Secretary Ray LaHood, on President Obama's announcement that his administration is moving toward stricter regulation of auto fuel economy

How will EPA move forward on revisiting Calif. waiver?

Now that President Obama has directed regulators to revisit California's request for a waiver to set higher tailpipe emissions standards, what's next?

A statement from Environmental Protection Agency Administrator Lisa Jackson wasn't too revealing on the process for revisiting and approving the waiver: "Knowing EPA has the full support of the President as we proceed to revisit the Bush era denial of the California waiver is very encouraging. The President's actions today herald a sea change in America's commitment to addressing climate change."

Jackson had already promised as much in her confirmation hearing, so this isn't terribly enlightening. Attempts to get more, er, details out of an EPA spokesperson were unsuccessful. Luckily, the agency has put together this handy guide to waivers. One tidbit:

The Clean Air Act gives California special authority to enact stricter air-pollution standards for motor vehicles than the federal government's. EPA must approve a waiver, however, before California's rules may go into effect. Once California files a waiver request, EPA publishes a notice for public hearing and written comment in the Federal Register. The written comment period typically remains open for a period of time after the public hearing. Once the comment period expires, EPA reviews the comments and the administrator determines whether California has satisfied the law's requirements for obtaining a waiver.

Under the Clean Air Act's Section 209, the EPA is supposed to grant a waiver unless it finds that California "was arbitrary and capricious in its finding that its standards are in the aggregate at least as protective of public health and welfare as applicable federal standards." Other reasons for rejecting a waiver are if the state "does not need such standards to meet compelling and extraordinary conditions," or if the state's policy conflicts with other sections of the act.

Because the Bush administration's EPA already went through the entire process of reviewing the information on this waiver, it's unlikely that Obama's team will have to go through that again; the science and the law haven't changed (despite the Bush administration's best efforts). According to David Doniger, the policy director at the Natural Resources Defense Council's climate center, the most likely scenario is that Jackson and her staff review the previous records and come to their own determination about whether to grant the waiver.

Report says Lisa Heinzerling to join EPA as climate adviser

More big news out of EPA today: The legal mind behind one of the most important environmental cases of the past decade appears to be headed to the EPA to advise Administrator Lisa Jackson on climate change issues, according to a published report.

Joining Jackson's team will be Georgetown Law Professor Lisa Heinzerling, the lead author of the plaintiffs' briefs in Massachusetts v. EPA, the court case settled by a U.S. Supreme Court ruling that the EPA has the authority to regulate carbon dioxide emissions. Via TPMDC, here's the Carbon Control News ($ub req'd) report on the news:

In the Supreme Court case, Heinzerling was the lead author of arguments from a coalition of environmentalists and states claiming EPA had a legal obligation to address greenhouse gas emissions from vehicles. The court agreed, and EPA has been struggling for the past several years on how to fulfill that obligation. Heinzerling's presence at EPA could help the agency craft climate change policies and potential regulations that conform with the high court ruling and can withstand future legal challenges.

The EPA press office would not confirm the Heinzerling news, saying only that Jackson "is building a team to help implement the President's environmental agenda and it will be announced shortly." Heinzerling's voicemail recording at Georgetown says she is on a two-year leave from the school because she has "taken a position in the new administration." Georgetown Law officials declined to comment.

If the news is confirmed, it will be a significant development, considering that the EPA is going to have to follow through with the endangerment finding mandated by the Supreme Court in that case. The Bush administration refused to make a finding, but Jackson has pledged to complete the work. At her confirmation hearing earlier this month, Jackson said that the endangerment finding "will indeed trigger the beginnings of regulation of CO2 for this country."