Bush directs agencies to devise new air pollution regulations after Supreme Court ruling

JENNIFER LOVEN | May 14, 2007 08:15 PM EST | AP

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WASHINGTON — President George W. Bush, prodded by a Supreme Court ruling, said Monday his administration will determine how to regulate pollution from new motor vehicles by the time he leaves office.

Bush signed an executive order directing federal agencies to come up with regulations that will "cut gasoline consumption and greenhouse gas emissions from motor vehicles." He ordered the agencies _ the departments of Transportation, Agriculture and Energy and the Environmental Protection Agency _ to have the rules in place by the end of 2008. He leaves office Jan. 20, 2009.

The announcement came as gasoline prices hit a new record in the United States. The average national price of a gallon of gas reached $3.07 (euro.60 per liter) on Monday, above the previous peak of $3.06 (euro.598 per liter) set soon after Hurricane Katrina hit at the end of August 2005.

"When it comes to energy and the environment, the American people expect common sense, and they expect action," the president said in an appearance before reporters in the White House Rose Garden. "We're taking action by taking the first steps toward rules that will make our economy stronger, our environment cleaner and our nation more secure for generations to come."

What those rules would look like was anything but clear.

White House press secretary Tony Snow said the president's position opposing mandatory emissions caps has not changed. While recognizing that greenhouse gases are a serious contributor to climate change, Bush has said that anything other than a voluntary approach would unduly harm the nation's economy.

"The question is: do you try to set up a mandatory system or do you try to set up an innovation-based system?" Snow said. "The president prefers innovation."

But the Democratic-controlled Congress is considering a number of bills that would impose caps on emissions of carbon dioxide, the leading gas linked to global warming, and a carbon trade system.

"It appears that the president wants to run out the clock to the end of his term without addressing our energy needs," said House Speaker Nancy Pelosi, a Democrat.

Last month, the Supreme Court declared that carbon dioxide and other greenhouse gases qualify as air pollutants under the Clean Air Act and thus can be regulated by the EPA. The court also said that the "laundry list" of reasons the administration has given for declining to do so is insufficient and ruled that the EPA must regulate carbon dioxide if it should find that it endangers public health.

EPA administrator Stephen Johnson said a draft proposal should be ready within a few months, and it will include a finding whether carbon dioxide is a health threat. He suggested there could be no regulation if no threat is found, or if the agency determines there is "some other reason and rational explanation for why it was not necessary to regulate."

Bush said that, in writing any rules, agency officials must take into account the views of the general public, scientific knowledge, available technology, the cost and the impact the new rules would have on safety.

All this left environmentalists and Democrats on Capitol Hill worried. A report this month from a United Nations network of more than 2,000 scientists estimated the world must stabilize the amount of greenhouse gases in the atmosphere within eight years to keep global temperatures from spiking to disastrous levels.

The environmental group Environmental Defense said the effort "will fall far short of fixing the climate problem" without mandatory caps on carbon emissions.

"Whether EPA will lead the fight against global warming or lead us to a hotter planet remains to be seen," said Environmental Defense President Fred Krupp.

Bush and administration officials said the process will take time because it is so complicated. Johnson indicated that, at the least, the new rules could implement the president's plan for reducing gasoline consumption by 20 percent over 10 years.

As announced in Bush's State of the Union address in January, this plan envisions increasing the country's use of alternative fuels to 35 billion gallons (132.5 billion liters) by 2017. It also would give the administration the ability to rewrite mileage rules for passenger cars, which now must meet a two-decades-old fleet average of 27.5 mpg (11.7 kilometers per liter), so that they are based on a vehicle's size.

Bush says this is a safe way to increase car mileage, but critics say it could spur the production of more gas guzzlers. It is less ambitious than a bill approved this month in a Senate committee, which would raise the nationwide fleet fuel economy to an average of 35 mpg (14.9 kilometers per liter) by 2020, and others being drafted in the House.

Johnson said that since the Supreme Court decision gave the EPA "significant latitude" as to how to comply with its regulatory obligations, the administration interprets that as the authority to implement Bush's proposal without congressional approval.