The US Environmental Protection Agency apparently plans to ask states to implement regulations it is developing to limit greenhouse gas emissions. Wyoming Gov. Dave Freudenthal has said that the state can't.
In a Sept. 9 letter to the agency, Freudenthal said the Wyoming Environmental Quality Act prevents the state from regulating GHGs. "Authority to do so would require legislative action to amend the statute and any discussion on that possibility would not occur until the 2011 legislative session, long after your Jan. 2, 2011, deadline for the implementation of the tailoring rule," he said.
EPA proposed the rule to address emissions from refineries and other large industrial sources after the US Supreme Court ruled in Massachusetts vs. EPA in 2007 that the agency had the authority to regulate GHGs under the Clean Air Act.
EPA Administrator Lisa P. Jackson decided to exercise that authority soon after taking office in early 2009 despite the generally held belief that legislation is more appropriate for addressing global climate change. The administration of President Barack Obama tried to use the threat of new climate change regulations under the CAA—so far unsuccessfully—to get Congress to act.
"I have serious concerns about EPA's implementation timelines," Freudenthal's letter said.
"Given that there are dozens of petitions concerning not only the tailoring rule but also the foundation for that rule, there is a high likelihood that any permitting strategy imposed on the states at this juncture is premature," he said.
Urges reconsideration
Freudenthal asked EPA to reconsider both its tailoring rule and the timeline for its implementation, and said he would submit additional comments by its Oct. 4 deadline.
The governor is not running for reelection, so he's freer than most politicians to speak out. But he's also a Democrat.
One can only imagine what Republican governors such as Rick Perry of Texas or Sean Parnell of Alaska think of having to help EPA implement regulations they fundamentally oppose.
An earlier challenge of EPA's strategy by another Alaska Republican, US Sen. Lisa Murkowski, ended June 10 when the Senate voted down her resolution of disapproval of the agency's plan.
Six Democrats joined the Senate's GOP members in voting for her measure, but it lost, 47 to 53 votes.
Murkowski said, "I had hopes, for the security of our economy, that we would prevail today. But regardless of the outcome, I believe it's important that every member of the Senate is on the record on whether they think the EPA regulation is the appropriate way to address climate issues."
More congressional opposition is likely if Republicans regain control of the House in November.
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