Action on climate change should be one of the first things President Obama takes on in his second term. There are countless steps the President might take, but perhaps one of the easiest things for him to do on that front is to instruct the Office of Management and Budget (OMB) to release eight Department of Energy (DOE) rules regarding energy efficiency currently under OMB’s review. Regular readers will know that OMB is a kind of regulatory purgatory where rules can be held up seemingly indefinitely or sent back to the agencies responsible for them to be reconsidered in light of OMB’s widely questioned cost benefit analysis. As Earthjustice and others have noted, President Obama could make substantial progress on climate change by telling his own OMB that it needs to move on the rules.
Some of the DOE rules have been at OMB for well over a year, and the benefits of energy efficiency are being foregone while they are held up. DOE’s Fossil Fuel Energy Consumption Reduction for New Construction and Major Renovations of Federal Buildings rule, for instance, has reached the final rule stage but has been stuck at OMB since August of 2011. Beginning one year after it is finalized, the rule would require that new federal buildings and those that undergo major renovations adhere to new limits on their fossil fuel consumption. Five years after that, stricter limits would go into effect for further renovations or constructions. So, the sooner OMB releases the rule the sooner the rule will take effect and we can start realizing its significant benefits.
DOE estimated the rule will bring significant emissions reductions: in the first year after the rule takes effect it will prevent 52,700 metric tons of carbon dioxide, 111 metric tons of methane, 53 metric tons of nitrogen, and 151 metric tons of sulfur dioxide from entering the atmosphere. These reductions will increase rapidly as other buildings are renovated and the standards are tightened at five-year intervals.
Another stalled rule is DOE’s Metal Halide Lamp Fixture rule. In that case, the proposed rule has been at OMB for nine months and will result in significant energy savings when finalized. Halide lamps are generally used in big box stores and athletic venues. They also consume a significant amount of energy. DOE has estimated that the rule will save as many as 1.6 quads (quadrillion British Thermal Units) of energy from 2015 to 2045. To put that in perspective, one quad is roughly equal to 8 billion gallons of gasoline combusted, or almost 300 billion kilowatt-hours.
The pending DOE efficiency standards are certainly just one small part of what needs to be done on climate. And it’s past time they get done.
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| November 28, 2012
Action on climate change should be one of the first things President Obama takes on in his second term. There are countless steps the President might take, but perhaps one of the easiest things for him to do on that front is to instruct the Office of Management and Budget (OMB) to release eight Department […]
Ben Somberg | November 26, 2012
CPR Member Scholar Noah Sachs published an op-ed in the Richmond Times-Dispatch this morning critiquing the Independent Agency Regulatory Analysis Act. That bill would allow the White House to review rules proposed by independent federal agencies. Writes Sachs: Imagine if important government agencies, purposely designed by Congress to be insulated from political pressure, suddenly had […]
Thomas McGarity | November 21, 2012
One of the crowning legislative achievements of the Obama Administration’s first term was the enactment of the Food Safety Modernization Act. Like any safety statute, however, the new law will have no practical bite until the implementing rules are issued. In this case, that’s until the Food and Drug Administration (FDA) promulgates regulations fleshing out […]
Holly Doremus | November 20, 2012
Cross-posted from Legal Planet. As already noted by Rick and Megan, last week BP pleaded guilty to 14 criminal counts arising from the 2010 Deepwater Horizon blowout in the Gulf of Mexico. Megan provided a good basic overview of the terms of the agreement. Here is the plea agreement itself. The amount of money BP has […]
Robert Adler | November 16, 2012
For those who have not been following the news lately, a recent article reported the following: A large tropical storm attributed to “unseasonable rainfall” slammed into the coast and moved inland, leaving many dead or missing, tens of thousands of residents evacuated or homeless, and government disaster response agencies struggling to provide food, shelter, and […]
Rena Steinzor | November 15, 2012
This post is based on an article I wrote with Anne Havemann entitled “Too Big to Obey: Why BP Should Be Debarred,” published in the William & Mary Environmental Law & Policy Review. Attorney General Eric Holder and his lead prosecutor, Lanny Breuer, are deservedly running a victory lap in the immediate aftermath of their […]
Matt Shudtz | November 15, 2012
In January, USDA issued a proposed rule that would allow poultry slaughter facilities to increase the speed of their slaughter and evisceration lines as part of an effort to “modernize” the slaughtering process. Today, I attended a meeting of the National Advisory Committee on Occupational Safety and Health (NACOSH) and asked for the committee’s help […]
Rena Steinzor | November 14, 2012
Judging from President Obama’s first term, the job of White House “regulatory czar” could prove of out-sized importance these next four years, with the head of an office few know exists ending up with the power to trump the authority of Cabinet members throughout the government. Cass Sunstein, the former occupant of the position, was […]
Robert Verchick | November 13, 2012
Last weekend my son took part in a set of Boy Scout activities with his local Delhi scout troop. On the grounds of the former residence of the U.S. ambassador, the boys prepared a kabob lunch, practiced fire making, and even built a Medieval-style trebuchet. But all I could think about were the little striped […]