 A new bill could block states' right to regulate "gas guzzlers" and demand stricter fuel economy standards. (Source: South Park Studios/Comedy Central)
 The bill also has amendments that harm conservation efforts, including blocking funding to the classification of endangered species. (Source: Google Images)
 Another amendment interferes with the EPA's ability to regulate mercury emissions from power plants. Mercury is well established in peer-reviewed literature to cause brain damage and fertility issues, particularly in cases of childhood exposure. (Source: Reuters)
Amendment to spending bill has an uncertain fate, debatable legality
The Republican-led House Appropriations Committee, amid much partisan debate, on Tuesday passed [press release] a spending bill [PDF] for the U.S. Department of the Interior and Environmental Protection Agency. The bill included a 7 percent cut to Interior Department funding, dropping it to $9.9B USD, and a 18 percent cut to EPA funding, dropping it to $7.1B USD.
The cuts were not popular with Democrats. Even as the bill seems set to be approved by the Republican-controlled House, it looks equally likely to be shot down by the Democratic-controlled Senate.
I. Spending Bill Bans States From Deciding Fuel Economy?
While the spending cuts were somewhat controversial (Democrats would ostensibly likely to see funding cut elsewhere, such as defense and eliminating high-income tax cuts), the bill's amendments make it even more so. While officially a spending bill, Republicans seized the opportunity to unload what House Rep. Jim Moran (D., Virg.) deemed a "virtual dump truck" of special interest issues.
The highest profile one would be a provision banning California and the EPA from proposing Corporate Average Fuel Economy (CAFE) standards.
Banning the EPA from the process, would be a shift as typically both the EPA and National Highway Traffic Safety Administration (NHTSA) craft two separate proposals, which are merged into a single CAFE proposal that gets voted on by the U.S. Congress.
Notably the bill does not block the NHTSA from proposing CAFE regulations for the 2017-2025 window. It merely blocks the EPA from making its own, separate proposal, which the bill calls "duplicative and unnecessary fuel economy regulations".
II. Is It Legal?
The issue of banning California from setting its own stricter standards is more contentious than the EPA prohibition. Particularly from a state rights perspective, it represents federal Republicans continuing to take selective stands on the topic of whether states should have the right to broad self-governance. Many Republicans have run on campaign platforms of expanding state rights, yet in this case, they're looking to prevent multiple states from self-governance (the ban would apply to other states as well).
The claim that the proposal would be "duplicative" also seems questionable. If California adopts its own fuel efficiency standard, it will almost certainly be stricter than the federal standard.
Lastly, the amendment to the bill stands in direct contradiction to a 2007 Supreme Court ruling in Massachusetts v. the Environmental Protection Agency, in which Justice John Stevens delivered the majority ruling, writing, "This is a suit by a State for an injury to it in its capacity of quasi-sovereign. In that capacity the State has an interest independent of and behind the titles of its citizens, in all the earth and air within its domain. It has the last word as to whether its mountains shall be stripped of their forests and its inhabitants shall breathe pure air."
Without a direct repeal of the Clean Air Act, or a new Supreme court ruling, it appears that Congress does not have the legal authority to block states from setting their own fuel economy standards. Of course it could try to do so, until such efforts were brought to federal court, but given the Obama administrations' support of state standards, that seems unlikely.
Automakers are supportive of the amendment, and wish that it did have the power to pass. Ford Motor Company's (F) chief executive, Alan Mulally, recently voiced frustration at separate standards, calling for a single national standard. However, automakers are also lobbying for lower CAFE targets in the new round of regulations, which makes states like California less willing to embrace their single-standard argument.
When examining a higher target, states have been more cooperative. Indeed, California agreed to adopt President Barack Obama's stricter CAFE standard for 2009-2016, which was passed into law by Congress. In doing so, they voluntarily forfeited the right to set a higher standard during this period.
III. Fuel Economy -- The Big Picture
Ultimately the spending bill amendment serves a prelude to the fight that may occur between Democrats and Republicans sometime later this year, when the new CAFE standards are officially proposed for Congressional review.
President Obama wants as much as a 5 percent increase per year, but automakers are hoping for something closer to 2-3 percent. While the higher target would save consumers on fuel prices, automakers fear it would kill sales, thanks to higher costs on new vehicles.
If House Democrats, the President, and automakers can reach a compromise on a fuel economy bill, as they did in 2009, it may be hard for the Republicans in Congress to block. After all, automakers need time to prepare for the regulations, and blocking them could interfere with their business. Of course, that's a big "if" given the current state of negotiations.
And even if a deal is reached, that's not to say there won't be a fight over the issue and a fair deal of political posturing -- particularly given that it's the year before a Presidential election.
IV. Examining the Other Provisions
The bill has plenty of other controversial provisions as well.
Namely it has multiple amendments that interfere with conservation efforts. For example, one amendment by Rep. Cynthia Lummis (R., Wyom.) prohibits the Interior Secretary from designating government properties as "wild lands", which affords them certain protections. It also blocks funding for the U.S. Fish & Wildlife Service to list new species under the Endangered Species Act.
And there's also amendments designed to weaken the ability to regulate pollution from industrial facilities and power plants.
One amendment from Rep. Lummis postpones the adoption of new EPA standards on the level of mercury from power plants. Mercury is widely acknowledged in numerous peer reviewed studies as causing brain damage, fertility issues, and other problems, if ingested from the water supply in sufficient quantity.
It also looks to block ash from coal fired plants as being classified as hazardous waste. Peer reviewed research has indicated that ash and other fine particulate air pollution fro coal burning plants contributes to asthma and other respiratory track disorders.
Lastly, it institutes a one year delay of the EPA's plans to regulate greenhouse gas emissions of power plants and other industrial facilities. While many in the public may appreciate this measure it is essentially "duplicative" as House Republicans already have passed a bill in an attempt to block this.
The bill does have a handful of amendments which some less radical environmentalists could find more palatable. For example one amendment looks to allow mining of uranium on the outskirts of the Grand Canyon, preventing the Interior Department from banning mining on 1 million acres of property. Allowing mining could be a boon to America's nuclear industry, which has struggled under public pressure post-Fukushima tsunami and nuclear accident.
Overall the bill's amendments appear crafted damage state rights in some cases, damage conservation efforts, and prevent federal regulation of substances that peer-reviewed literature has proven harmful to human health, amid a handful of more moderate provisions.
In that respect the bill seems unlikely to survive the Senate. It would be interesting to see if Republicans in the House would approve a Senate bill with similar budget cuts, but without the long list of amendments. It's unclear, though, if the Senate democrats would be willing to test those waters.
"There is a single light of science, and to brighten it anywhere is to brighten it everywhere." -- Isaac Asimov
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