John Tierney argues that if the Supreme Court gives EPA the job of regulating CO2, then, that would be bad for the environment (The Environmental Procrastination Agency $$$). First, Congress likes for EPA to have the job so they aren't required to match tough choices. Second, here is why national environmental groups like federal regulation:
Corporate lobbyists find it easier to work behind the scenes at the E.P.A. than to conduct public fights on Capitol Hill or in state capitals. Environmental groups also prefer federalizing issues, partly because they've got centralized operations themselves, and partly because they espouse the "race to the bottom" theory: if Washington were to delegate power, the states would be so desperate to protect jobs and attract industry that they'd compete to have the weakest environmental rules.
Using lead as an example:
But in practice, as Schoenbrod demonstrates, Washington stops local officials from racing to the top. After the dangers of lead were recognized in the 1960's, New York City began taking steps to encourage unleaded fuel, but it and other localities were pre-empted from passing stricter rules once that became the job of the E.P.A.
And, so far, this fits the CO2 story:
While Congress and the E.P.A. have been dithering about global warming, California is requiring carmakers to reduce their emissions of carbon dioxide. New Hampshire has ordered power plants to restrict carbon dioxide and other pollutants. More than a dozen states, including Texas, require utilities to use renewable sources of energy.
While the Kyoto accord is dead in Washington, a coalition of Northeastern states is setting its own Kyoto-style limits on greenhouse emissions and establishing a market for trading carbon-dioxide credits.
I've always been a fan of textbook federal regulation after reading about the rationale behind the Clean Air Act and Clean Water Act in the early 1970s (states were racing to the bottom). But after watching these climate federalism policies proposed these past 12 months, I've relunctantly come around to the idea that the states might do a good job.
