EPA Administrator Jackson Orders Review of Bush Administration PSD Document

On February 17, 2009, Obama EPA Administrator Jackson granted a petition for reconsideration of a Bush Administration memo regarding the applicability of the Clean Air Act Prevention of Significant Deterioration program to carbon dioxide. The interpretive memo was signed by then-EPA Administrator Stephen Johnson in December of 2008.

Shortly thereafter several environmental groups, including the Sierra Club, raised concerns about the memo’s potential impact on American communities and neighborhoods. In January of 2009, the Sierra Club and other parties then petitioned EPA to reconsider the Johnson memorandum.

In announcing her decision to grant the petition, EPA Administrator Jackson said “I am granting this petition because we must learn more about how this memo affects all relevant stakeholders impacted by its provisions.” She added “This will be a fair, impartial and open process that will allow the American public and key stakeholders to review this memorandum and to comment on its potential effects on communities across the country. EPA’s fundamental mission is to protect human health and the environment and we intend to do just that.” Obviously, the level of fairness and impartiality remains to be seen.

            Jackson noted that EPA will vigorously review the Johnson memo to ensure that it is consistent with the Obama Administration’s climate change strategy and interpretation of the Clean Air Act. EPA will seek comment from the general public on the memo and its potential impact as part of its process to facilitate a transparent, impartial and fair review.

EPA noted that its action is the latest in a series of steps intended “to ensure EPA policies and procedures are consistent with EPA’s overall mission to protect human health and the environment.”

This article was authored by Skipp Kropp, Jackson Kelly PLLC. For more information on the author see here.