Energy and Environmental Regulation in the Age of Trump: The Role of the States—Part 2 - Renewable Energy World
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Energy and Environmental Regulation in the Age of Trump: The Role of the States—Part 2
Nominee Pruitt testified that a significant revision—if not outright rescission—of the CPP would begin with a rulemaking process, as prescribed by law. He assured Senator Sanders (I-VT) that he [Pruitt] believe[s] the EPA has a very important role at regulating the emissions of CO2. Whether the role is as regulator or conduit to the states was never made clear in his confirmation hearings.
I think our nation has done better than any nation…protecting our natural resources and…environment, while also respecting the economic growth and jobs our nation seeks to have.
Why then shouldn’t the states take the lead in clean air regulation?
The answer lies in Article 1 of the U.S. Constitution. Section 8 of the Article enumerates the powers of Congress, including regulation of inter-state commerce and weights and measures.
Look not to the list of responsibilities reserved for the federal government; but consider the reason why federal authority was given primacy in these instances. The foundation of President Trump’s posture on environmental regulation is interference with the smooth and profitable operation of business.
Trump cites costs and job losses as examples of harms to the nation’s businesses caused by federal clean air and water rules. Quoting Administrator Pruitt: in this nation, we can grow our economy, harvest the resources God has blessed us with, while also being good stewards of the air, land and water.
Legal conflicts between the states because pollution does not recognize borders–based on claims that lax environmental standards in one state negatively impact the health and welfare of down-wind/down-stream populations;
Beyond the legal and operational problems raised by the Trump Administration’s implied regulatory scheme, rumored reductions in federal agency budgets will prove similarly problematic. Included in EPA’s annual appropriations, for example, are grants for state and local air pollution control agencies to carry out their responsibilities under the Clean Air Act. In recent years, federal grants have approximated $200 million annually.
…in this nation, we can grow our economy, harvest the resources God has blessed us with, while also being good stewards of the air, land and water.
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