Last week, EPA Administrator Stephen Johnson published the official explanation of his decision to deny a waiver of preemption for California’s program to reduce greenhouse-gas emissions from vehicles. Robert Sussman, senior fellow at the Center for American Progress, has a very good discussion of the misguided reasoning Johnson uses. The bottom line:
The role of state programs under a comprehensive climate change framework may be a legitimate subject for debate by Congress as it writes legislation. But Johnson’s job wasn’t to make policy judgments that belong to Congress. It was to apply the law. He failed in that responsibility. Although his decision will probably be undone, it will regrettably divert precious time and energy from the urgent task of slowing global warming.