New Murkowski Rider: The George W. Bush Approach to Global Warming

Contact:
John Mimikakis, Senior Policy Manager, (202) 572-3319, jmimikakis@edf.org

The Bush Administration opposed action on global warming until the Supreme Court ruled in 2007 that EPA could no longer ignore that CO₂ is a pollutant under the Clean Air Act. The Bush Administration’s tactics cost us precious time in responding to the threat of global warming.

Now, Senator Murkowski has advanced an Appropriations Rider that takes a page from the Bush Administration’s playbook. It would bar EPA from expending funds to “regulate or control carbon dioxide” from any sources other than a mobile source. While it appears to be narrowly tailored to reflect the Supreme Court’s decision, its effects are in fact much broader.

The result? Further delay that will only hurt industry, the economy, and the nation. For example, the amendment would:

Thwart New Coal Technology, and Undermine American Economic Recovery. The Rider would bar EPA from completing regulations governing the injection of carbon dioxide underground to enable advanced coal facilities. This would undermine progress in advancing Carbon Capture and Sequestration (CCS) technology now receiving major grant awards under the Department of Energy’s Clean Coal Power Initiative and the American Recovery and Reinvestment Act.

Preclude a Cost-Effective Carbon Offsets Program that Benefits Rural and Urban America. EPA and other agencies are collaborating on the development of an innovative, voluntary carbon offsets program to lower the costs of any congressionally-mandated greenhouse gas mitigation measures. These voluntary “offsets” will create enormous economic opportunity in rural and urban America alike. The Rider could stop the development of this innovative program.

Stop the Nation’s Renewable Fuel Program. The Rider would put the brakes on the implementation of the renewable fuel program, created under the Clean Air Act by the Energy Independence and Security Act of 2007.

Preclude Public’s Right to Know about Major Global Warming Emitters. As Congress’ most recent statement on EPA action, the Rider will be construed to take precedence over prior legal pronouncements. The plain terms of the rider are sweeping in barring EPA from expending funds to “regulate or control carbon dioxide.” Indeed, the very first line of EPA’s proposes reporting rules for greenhouse gases reads: “EPA is proposing a regulation to require reporting of greenhouse gas emissions…” 74 Fed Reg. 16,448 (April 10, 2009) (boldface added).

Senator Murkowski’s rider would harm progress toward action on global warming and would even hamstring the implementation of the climate legislation Congress is now debating.