In November 2017, the Trump
administration announced a plan to
repeal and replace the Environmental
Protection Agency (EPA)'s Clean
Power Plan regulations that limited
CO 2 emissions from fossil fuel power
plants. This action was only the latest
step in a 20-year process of court cases,
presidential directives, and actions by
EPA bureaucrats.After Congress passes
legislation and the president
signs it, the transition from legislation
to regulation begins. Input from
local government officials, interest
groups, and others helps to refine the
regulations as they are developed,
and has a strong influence on
how regulations will affect people
“on the ground.”New Acts!
Congressional Action:
Congress enacts two
Clean Air Acts, in 1963
and 1970 respectively,
with amendments in 1977
and 1990, authorizing the
government to monitor
and limit emissions of
harmful chemicals into
the atmosphere.Feedback.
September 2013–
March 2014: Supporters
and opponents of the
new rules submit over
6 million comments.Although...
maybe not?Bureaucratic Action
(2003): The EPA
announces that the
Clean Air Act does not
give it the authority to
regulate CO 2 and other
greenhouse gases.Third try!
New Regulations
Finalized (August 2015):
The EPA announces its
Clean Power Plan, which
will regulate CO 2 emissions
from both new and existing
power plants.Actually...yes.
Judicial Action (2007):
In response to a case
brought by 12 states,
the Supreme Court rules
that greenhouse gases
are covered by the
Clean Air Act.Stand by.
February 2016:
The Supreme Court puts
implementation of the
Clean Power Plan for
existing plants on hold,
pending litigation. More-
over, these regulations are
subject to change by the
Trump administration.Up in the air?
November 2017:
Under the Trump
administration, the E PA
announces a plan to
repeal and replace the
Clean Power Plan.
However, the process
is subject to additional
comments and court
challenges, and may not
be completed before the
2018 election.Obama
weighs in.Presidential Directive,
June 2013: President
Obama directs the
EPA to develop addi-
tional regulations for
limiting CO 2 emissions
from new and existing
power plants.Results?
September 2013:
The EPA modifies its
draft regulations to place
CO 2 standards on new
power plants and issues
a revised proposal.
June 2014:
The EPA proposes an
additional rule that aims
to cut CO 2 emissions from
existing power plants.How it works: in theory
Bureaucracy and Legislation
How it works: in practice
Regulating Greenhouse Gas Emissions
- Critics of the regulatory process
complain that unelected
bureaucrats make most of
the decisions while elected
officials sit on the sidelines. Is this
complaint supported by the case
of the Clean Power Plan? - The Clean Power Plan illus-
trates how acts of legislation
are often reinterpreted years
after their passage. Why don’t
members of Congress write
legislation in ways that prevent
this from happening?
Critical Thinking
The president signs the bill into law.
Citizens and interest
groups provide
information and
proposals to bureaucrats,
and they lobby for their
preferred implementation
of the legislation.Courts respond to
challenges to the law,
and they can provide guidelines
for implementation.Bureaucrats interpret the law
and design appropriate regulations.Other bureaucrats disseminate
regulations to state and local
governments, corporations,
and individuals, and they monitor
compliance.Regulations can be revised
in light of changing circumstances,
different political climates,
or unanticipated consequences.Congress passes legislation.
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