We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
  • INDUSTRY PRESS ROOM
  • ABOUT
  • CONTACT
  • MEDIA FILE
  • Create Account
  • Sign In
  • Sign Out
  • My Account
Free Newsletters
  • MAGAZINE
    • Current Issue
    • Archives
    • Digital Edition
    • Subscribe
    • Newsletters
    • Mobile Apps
  • TRANSPORTATION
  • MATERIAL HANDLING
  • TECHNOLOGY
  • LIFT TRUCKS
  • PODCAST ETC
    • Podcast
    • Webcasts
    • Blogs
      • One-Off Sound Off
      • Global Logistics and Risk
      • Empowering Your Performance Edge
      • Analytics & Big Data
      • Submit your blog post
    • Events
    • White Papers
    • Industry Press Room
      • Upload Your News
    • New Products
      • Upload Your Product News
    • Conference Guides
    • Conference Reports
    • Newsletters
    • Mobile Apps
  • DCV-TV
    • DCV-TV 1: News
    • DCV-TV 2: Case Studies
    • DCV-TV 3: Webcasts
    • DCV-TV 4: Viewer Contributed
    • DCV-TV 5: Solution Profiles
    • Parcel Forum 2022
    • MODEX 2022
    • Upload Your Video
  • MAGAZINE
    • Current Issue
    • Archives
    • Digital Edition
    • Subscribe
    • Newsletters
    • Mobile Apps
  • TRANSPORTATION
  • MATERIAL HANDLING
  • TECHNOLOGY
  • LIFT TRUCKS
  • PODCAST ETC
    • Podcast
    • Webcasts
    • Blogs
      • One-Off Sound Off
      • Global Logistics and Risk
      • Empowering Your Performance Edge
      • Analytics & Big Data
      • Submit your blog post
    • Events
    • White Papers
    • Industry Press Room
      • Upload Your News
    • New Products
      • Upload Your Product News
    • Conference Guides
    • Conference Reports
    • Newsletters
    • Mobile Apps
  • DCV-TV
    • DCV-TV 1: News
    • DCV-TV 2: Case Studies
    • DCV-TV 3: Webcasts
    • DCV-TV 4: Viewer Contributed
    • DCV-TV 5: Solution Profiles
    • Parcel Forum 2022
    • MODEX 2022
    • Upload Your Video
Home » EPA's carbon decision a clear case of backdoor regulation
outbound

EPA's carbon decision a clear case of backdoor regulation

January 24, 2010
Mitch Mac Donald
No Comments

So the eldest offspring is applying to grad school. And despite having watched one of her parents labor in the profession for her entire lifetime, she is considering going for a master's degree in (gulp) journalism. As part of the admissions process for one school, she was asked to list her picks for the Top 10 news stories of 2009.

This journalistic exercise, commonly conducted in newsrooms around the world at the beginning of every year, made for some interesting dinner conversation last week. For 2009, her choices more or less mirrored the entries on most of the lists published in the first half of January: the inauguration of Barack Obama, the economy's collapse, the health care reform debate, the death of Michael Jackson, the heightening war on terror in Afghanistan, Obama's earning the Nobel Peace Prize, the attempted Christmas Day bombing of a U.S.-bound airplane, the Fort Hood massacre, the death of Massachusetts Sen. Edward Kennedy, and the "Miracle on the Hudson" plane crash.

Based on the view from here, though, there was one important story missing from these lists. Perhaps that was because it was a bit subtle. Its ramifications, though, are decidedly unsubtle. This development has implications for virtually every business in America, including (or maybe especially) those involved in transportation and logistics.

The news broke on Dec. 7—appropriately, Pearl Harbor day, a date which will live in infamy. On that Monday (which also happened to mark the start of the Copenhagen climate change summit), the Environmental Protection Agency (EPA) announced it would begin developing regulations aimed at reducing carbon dioxide emissions. Given that almost 90 percent of U.S. economic activity currently relies on the use of fossil fuels, the EPA's proposed actions could eventually affect virtually every U.S. business and every U.S. citizen.

In its announcement, the EPA declared carbon dioxide to be an air pollutant under the federal Clean Air Act. In so doing, it granted itself the authority to embark on a sweeping regulatory undertaking and expansion of its own powers—whether Congress is willing to go along with it or not. Some call it "regulation without representation." A more appropriate term would be backdoor regulation, because that is simply what it is.

From a purely political standpoint, the timing of the EPA's announcement makes sense. Just weeks earlier, the news broke that scientists researching global warming had withheld evidence that contradicted their own theories about climate change. Once the news leaked out, the current U.S. administration no doubt saw the handwriting on the wall for both the Copenhagen talks and for its own carbon-reduction initiative, the plan popularly known as cap and trade.

With the prospects of getting cap and trade through Congress fading (and indeed, the Jan. 19 election of Massachusetts Republican Scott Brown to the U.S. Senate will likely seal the measure's fate), the administration needed a backup plan. Enter the EPA. If Congress doesn't act, it appears the EPA will step forward and implement its own set of carbon regulations with no accountability whatsoever to American voters.

The other senator from Massachusetts, Democrat John Kerry, not only sees nothing wrong with this egregious political move, he actually thinks it's a good idea. To quote the senator: "The message to Congress is crystal clear: get moving. If Congress does not pass legislation dealing with climate change, the administration is more than justified to use the EPA to impose new regulations."

As we said, regulation sometimes comes through the back door. Beware!

Transportation Regulation/Government Green Logistics
  • Related Articles

    Trucking industry warns that AB 5 decision could push freight capacity out of California

    Labor's Day: Appeals court panel's ruling in FedEx case could change rules of the game

    European Commission breaks silence on decision to block UPS buyout of TNT Express

Mitchmacdonald
Mitch Mac Donald has more than 30 years of experience in both the newspaper and magazine businesses. He has covered the logistics and supply chain fields since 1988. Twice named one of the Top 10 Business Journalists in the U.S., he has served in a multitude of editorial and publishing roles. The leading force behind the launch of Supply Chain Management Review, he was that brand's founding publisher and editorial director from 1997 to 2000. Additionally, he has served as news editor, chief editor, publisher and editorial director of Logistics Management, as well as publisher of Modern Materials Handling. Mitch is also the president and CEO of Agile Business Media, LLC, the parent company of DC VELOCITY and CSCMP's Supply Chain Quarterly.

Recent Articles by Mitch Mac Donald

20 years later, the question remains the same: Are you up to SPEED?

Hail and farewell: interview with Gail Rutkowski

Thought I’d something more to say …

You must login or register in order to post a comment.

Report Abusive Comment

Most Popular Articles

  • Schneider welcomes first battery-electric truck

  • Fred Smith is not worried about Amazon

  • Outlook 2023: What’s in store for logistics/supply chain?

  • Ports, maritime operators see tide turning as ocean freight tsunami subsides

  • In Person: Steve Beverly of Penske

Now Playing on DCV-TV

D991bf51 52ad 4867 98ff b56f4fe5dd93

State of the Industry: Fluctuations & Normalcy

DCV-TV 4: Viewer Contributed
In this second of a four-part State of the Industry video series, Greg Orr shares insights on the shifting fortunes of a cyclical truckload market and what passes for normalcy in this economy. The truckload market is famous for its boom-and-bust cycles. A downturn in the economy sends the market reeling with too...

FEATURED WHITE PAPERS

  • The five best applications for robotic lift trucks in warehouse environments

  • Fulfillment Facility Improved Efficiencies by 4x

  • 3PLs: Complete Orders Faster with Flexible Automation

  • Reusable Packaging for the New Wave of Supply Chain Automation

View More

Subscribe to DC Velocity Magazine

GET YOUR FREE SUBSCRIPTION
  • SUBSCRIBE
  • NEWSLETTERS
  • ADVERTISING
  • CUSTOMER CARE
  • CONTACT
  • ABOUT
  • STAFF
  • PRIVACY POLICY

Copyright ©2023. All Rights ReservedDesign, CMS, Hosting & Web Development :: ePublishing