Tuesday, February 17, 2009
Last year, Kansas and Gov. Kathleen Sebelius took a bold step forward in climate change management by regulating C02 emissions. Remarkably, no state or government in the entire country had yet taken an effective stance on C02 regulation, leaving Kansas at the forefront of the issue.
A year later, Secretary of the Kansas Department of Health and Environment Roderick Bremby’s decision against allowing coal plants still stands, but new opportunities for action have arisen. The Obama administration has ordered the EPA to review a decision it made during the Bush years, which declined a waiver to California to enforce stricter C02 limits.
Under the Clean Air Act, California has the unique ability among states to request a waiver from the EPA to adopt stricter air emissions requirements. The quick order of review signals a likely overturning of the Bush decision and a new era of carbon administration.
The governor should move quickly to keep Kansas at the forefront of environmental regulation, along with the many other states that have adopted or will adopt the California standards.
Robert Glicksman, Wagstaff Distinguished Professor of Law, thinks no great legal roadblock lies in the way of Kansas’ adopting the regulations. Passing the regulations, he said, would require a new statute from the Legislature or, more likely, new administrative regulations by the Kansas Department of Health and Environment.
If KDHE adopts these regulations, Bremby would have to believe that C02 presented, “a substantial endangerment to the health of persons or to the environment.” That language comes specifically from Kansas statute 65-3012, which grants the secretary of KDHE broad power to regulate substances that could endanger people or the environment. This is the same statute that Bremby cited in his Holcomb power plant decision last year, and according to Glicksman, it has formed the basis of much of KDHE’s power to regulate air emissions.
The governor’s support is the keystone that will hold together a progressive environmental future, without which previous progress will crumble. Veto power gives her the legislative ability to accomplish these goals, but it is unknown whether she is willing to again push forward a policy of environmental protection. In response to questions concerning the new standards, the governor’s Spokeswoman, Beth Martino, said, “The governor is hopeful the Legislature will work together with her to create a bi-partisan comprehensive energy policy” and “it is premature to comment on any specific proposal ...”
The governor held a far tougher line in supporting Bremby’s denial of the Holcomb plants. The decision split the state down its traditional geographic division, east versus west, over issues that are always critical in Western Kansas: growth, jobs and capital.
If the governor believes strongly enough in carbon regulation to sacrifice near-term growth for longer term, smarter growth in her own state’s economy, then new auto regulations are an almost free next step. No jobs would theoretically be delayed in Kansas, but Kansas would be able to continue its leadership, along with 13 other states that have already adopted or will adopt California’s standards. Looking back would cost much more than another difficult step forward.
Durbin: Sebelius made right decision
Governor’s pulled support for coal plant will prevent pollution
Secretary to lecture about climate change
Roderick Bremby gained national attention for rejecting the construction of two coal ...
New ozone emissions standards to affect Douglas ...
EPA press release says national smog levels must be lower by March ...
Editorial: Don't make Holcomb another crime scene
The proposed coal-fired power plants in Holcomb would contribute 11 million tons ...
Power plant proposals under scrutiny
University students are worried about the environmental impact two proposed coal-fired power ...
CO2 emissions may affect flowering plants
Professor of ecology and evolutionary biology Joy Ward and post doctoral researcher ...
Fired up about coal
Lawrence’s coal-fired plant contributes to high asthma rates, river pollution.
Attorney General Schmidt challenges new EPA regulations
The EPA rule places new emissions limits on power plants in Kansas.
Westar pays for environmental violation
The Topeka-based power company agreed to pay $500 million for violating the ...
Petterson: Coal power given unnecessary attention
Other alternatives to growing energy needs prove more plausible.
Legislature approves coal power plants
Gov. Kathleen Sebelius might veto the bill that allows power plants in ...
Westar complies with Clean Air Act standards
The company's Lawrence Energy Center has started installing new pollution control technologies.
Power plant construction alarms Sierra Club
The Sierra Club is suing the state of Kansas because of a ...
Cohen: Now it’s much easier being green
Facebook groups, hybrid cars offer new ways to be environmentally friendly.
Faculty members get environmental task force positions
Faculty members Simran Sethi and Jeff Severin were chosen by Climate Protection ...
Organizers recruit to show concern for coal ...
Great Plains Alliance for Clean Energy expect the bill to be vetoed ...
Group tables against bill for new power ...
Gov. Sebelius is expected to make a final decision on two plants ...
EPA administrator speaks about Hurricane Katrina, pollution ...
Lisa Jackson, administrator of the Environmental Protection Agency, shared with students various ...
Lowell: Sustainability blown in with the wind
Kansas should capitalize on its wind resources for clean, cheap, renewable energy.
Students support climate action
Lawrence participates in a national movement to educate citizens and encourage change ...
Discussing the future of energy
Brownback and 13 experts of energy and regulation debate energy business and ...
Candidates discuss positions on environmental issues
The Kansan spoke with local State Senate and State House candidates, asking ...
Concert venue gets to the “root” of ...
Verizon Wireless Amphitheater reverts back to Sandstone Amphitheater and implements new ways ...
Researchers, students to develop cleaner fuel
In the future, campus buses could be powered by leftovers from the ...
Lowell: Two steps forward, one step back
Allowing off-shore drilling is a political compromise, but keep big picture in ...
Politically Correct: Should Kansans support climate change ...
Columnists debate whether Kansans should get involved with climate change legislation.
KU receives C+ in sustainability efforts
Sustainable Endowments Institute evaluated the 332 colleges on their green efforts.
Editorial: Liquor law shouldn't be enforced
An attempt to resurrect a long-ignored Kansas statute regulating the pricing of ...
Gas station brings energy efficient ideas to ...
Zarco 66 offers 10 renewable fuel blends and provides ‘green’ atmosphere.
Food Revolution
From the farmers to the restaurant to the consumer, learn how local ...
Letter: Abstinence-only classes haven’t slowed Plan B
Baby Steps
How five days without a car helped Jayplay writer Courtney Hagen realize ...
New laws threaten access to abortions in ...
Regulations take affect Friday.
Columnists: Goodbyes to the governor
Kansan columnists share their views of Gov. Kathleen Sebelius.
Students lead climate change advocacy
College students and groups, including at KU, are taking action regarding climate ...
Thompson: Turning up the heat: Climate change ...
Thompson says Kansas temperatures will rise by 2100.
Evaluating presidential platforms
Obama and McCain differ on three major points during campaign.
Home appliances in standby drain energy
Unplugging appliances lowers electric bills by eliminating vampire energy.
Cursive removed from K-12 curriculum
As a part of a standard learning initiative, schools in Kansas, as ...
From left: Kimberlee Hinkle, Libby Johnson and Hannah ...
1 comment
Kansas Jayhawk fans hold aloft a reproduction of ...
2 comments
Erin Saupe, a Ph.D. student from St. Cloud, ...
1 comment
0 comments
Armed robbers continue to threaten.
3 comments
Lecture from Greg Mortenson, co-author of New York ...
0 comments
Comments
Use the comment form below to begin a discussion about this content.
Sign in to comment
Or login with:
OpenID