Up in the Air

By Bill Polits

Last week the Obama administration announced that it is moving forward to allow the Environmental Protection Agency (EPA) to regulate the greenhouse gas emissions of the country’s largest emitters (over 25,000 tons/yr.) of carbon dioxide.

As is widely known, Obama prefers a comprehensive legislative approach to regulating emissions as evidenced by his support and praise of the climate legislation coming out of the House of Representatives (H.B. 2454) and the Senate (S. 1733). But is equally widely reported that given the opposition on both sides of the aisle to the proposed changes in the climate sphere, it will be difficult for the Congress to have a bill on the President’s desk in time to sign before the Copenhagen Conference in December of this year – even with such flashing of swords as the current decision to let the EPA regulate carbon emissions.

Some think that the suggestion that the EPA will be put on the climate case is a ploy to goad lawmakers into coming to agreement about the path forward for climate legislation. However, as Obama’s highest climate and energy official, Carol M. Browner, suggested, there’s little chance – if any – that a climate bill will emerge this year.  With health care to deal with and a well-funded set of opponents from the energy sector, getting agreement on climate legislation will be tough sledding.

Current climate legislation includes provisions for adding a cost to the production of HFC’s used in fire protection.