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     EMISSION SOLUTIONS NEWSLETTER MAY 2010

EPA's decision to regulate greenhouse gas emissions is challenged

The U.S. Chamber of Commerce says it will file a petition with the agency, which will probably lead to a court battle.

February 13, 2010   By Jim Tankersley  LA Times

Reporting from Washington — The U.S. Chamber of Commerce announced late Friday that it would challenge the Environmental Protection Agency's decision to regulate greenhouse gas emissions under the Clean Air Act, setting the stage for a protracted legal battle with the Obama administration over global warming.

The chamber said it was filing a petition with the agency challenging the EPA's process in determining that greenhouse gases endanger human health and are thus subject to Clean Air Act regulation. The challenge is likely to lead to a court battle.

Chamber officials said they support action in Congress and international treaty negotiations to reduce greenhouse gases. But they said the EPA overreached in acting on its own and produced a flawed finding that would lead to other poorly conceived regulations in the future.

An EPA spokeswoman said that although the agency had not seen the chamber's petition, the "EPA issued its endangerment finding as a result of a 2007 Supreme Court decision and after a thorough and transparent review of the soundest science available."

Steven J. Law, chief legal officer and general counsel of the chamber, said in a news release that the challenge would focus on "the inadequacies of the process that EPA followed in triggering Clean Air Act regulation, and not on scientific issues related to climate change."

Administration officials have defended the legality of the EPA's action but have repeatedly said that they also would prefer to limit greenhouse gases through Congress, though those efforts have stalled in the Senate.

Meanwhile, movements are underway in both the House and Senate to strip the EPA of the power to regulate greenhouse gases on its own.


Earth Day Turns 40!

By David A. Fahrenthold And Juliet Eilperin

The Washington Post Updated: 04/22/2010 09:35:02 PM MDT

WASHINGTON -- Before Earth Day became what it is -- an international ritual halfway between a street party and a guilt trip -- it was a bunch of 20-somethings working in an office over a diner.

It was 1970. They worked 15-hour days. They stuffed a lot of envelopes.

And, at first, they didn't like the name.

"Who in the hell do they think we are, the Grange?" Stephen Cotton recalled about reading the name an advertising agency had proposed for their national protest. Earth Day sounded like an event for farmers. "But it grew on us."

Earth Day turns 40 on Thursday, making its founders 60-somethings. To this group of about 20, both the day and the country look very different now.

In those four decades, the angrier, more ambitious environmental movement that sprang out of Earth Day made vast changes in Washington. New federal laws took on dirty air and poisoned water -- and won.

But today, American environmentalism is struggling in a new kind of fight.

The problems are more slippery: pollutants like greenhouse-gas emissions, which don't stink or sting the eyes. And current activists, by their own admission, rarely muster the kind of collar-grabbing immediacy that the first Earth Day gave to environmental causes.

"I don't think we've come up with a good way in the conservation movement of making it real for people," said Arturo Sandoval, who was 22 when he organized activities across the West on the first Earth Day. "Global warming, to most people, is an abstract issue."

Earth Day's 40th anniversary will be celebrated across the globe Thursday: There will be children studying pollution in Baltimore Harbor, a coral-reef cleanup in the Virgin Islands, a concert in Rome. And on Sunday, a climate-focused rally on the National Mall will include performances by Sting, John Legend and the Roots.

The day's beginnings were much humbler, but not that far away. The first Earth Day was organized from an office that smelled like hamburger grease and teemed with flies.

"Every so often, someone would go berserk and dash from room to room" swinging a fly swatter at the swarms drawn by the oily fumes rising from the diner downstairs, said Cotton, then 23, who was the press director for the group. "Since we were budding ecologists, we had an unspoken rule against using bug spray."

He and the other young people were working on an idea from then-Sen. Gaylord Nelson, D-Wisc., who died in 2005. In August 1969, Nelson had visited a huge oil spill off Santa Barbara, Calif. He wondered: Why not hold a "teach-in" -- like the campus discussions that focused on the Vietnam War -- on the environment?

Nelson hired Denis Hayes, 25, a graduate student at Harvard and a former student-body president at Stanford. The rest came from a variety of other liberal causes: a veteran of Robert F. Kennedy's presidential campaign, an organizer of antiwar protests in Mississippi, an anti-hunger activist.

At the time, the Potomac River was choked with pollution-fueled algae blooms. Cleveland's Cuyahoga River had recently caught fire. Smog was so bad that, in 1966, a vast cloud of it was blamed for killing more than 150 people in New York City. And even the bald eagle's population had fallen below 1,000 nesting pairs in the continental United States, ravaged by the pesticide DDT.

The group mailed out suggested Earth Day activities, called college campuses to set up events, talked to dozens of newspaper and TV reporters.

It worked: On Earth Day itself, there was a "human jam" that filled New York City's Fifth Avenue, a rally near the Washington Monument, a march against a foul-smelling sewage plant in Albuquerque, N.M. There were events at college campuses and in classrooms around the country: By one estimate, one in 10 Americans participated.

In the four years afterward, the Environmental Protection Agency was founded and Congress passed a series of landmark laws. The Clean Air Act amendments of 1970 set new limits on pollutants. The Endangered Species Act of 1973 provided new protections for vulnerable animals. And the Safe Drinking Water Act of 1974 set new restrictions on what could come out of taps.

Today, EPA estimates that the Clean Air Act -- amended in 1990 to crack down on acid rain -- has prevented more than 220,000 premature deaths from air pollution. Other legislation led to pollution cuts that have made both the Cuyahoga and the Potomac run cleaner.

And, with DDT banned, there are now more than 9,700 nesting pairs of bald eagles in the Lower 48.

"We won the argument that the environment needs to be protected," said Michael Brune, the modern-day executive director of the Sierra Club. "The conversation is now about at what pace do we need to reform, what are the most effective policy solutions we need to put in place, what the costs are going to be."

The group of organizers disbanded after that first Earth Day and went on to careers in law firms, foundations, environmental groups, state government. But since then, they and other observers have seen the American environmental movement struggle to rebuild its momentum. With rare exceptions, like in the 2006 defeat of then-House Resources Committee Chairman Richard Pombo, R-Calif., the environment rarely serves as the defining issue in national campaigns.

Public opinion polls show that, while Americans care about the environment, they generally rank it behind other priorities like jobs, terrorism and health care. And, on climate change -- the environmental movement's defining issue now -- polls show Americans seeming less concerned, not more, than in previous years.

"I don't think the environmental movement is deep enough, broad enough, to have the impact we want," said Bill Meadows, president of the Wilderness Society, who, like many of today's most prominent environmental leaders, took part in Earth Day events in 1970. "We're a strong interest group, but we have yet to have the kind of political clout you really need in today's political world."



 JAY SAYS

Dear reader,

The beginning of 2010 has been a stronger business cycle of activity and new business for our company. 

In dealing with many industries from Chemical to Steel, we find the market place is showing signs of recovery.   The common concern we hear often is that the activity is only the foundation of an industrial recovery.   Can the market place sustain the growth? 

World debt issues cause many of us to be concerned for available capital to fund expansion and fuel demands.

Best regards,
Jay Klaus
JKlaus@KlausEquipment.com
Klaus Equipment Company, Inc.
President

 



Klaus Equipment Company
Phone: 724-444-3420
Fax: 724-444-3425
2866 West Bardonner Road,
Gibsonia, PA   15044


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