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	<title><![CDATA[Grist - Comment Feed for More on EPA&#8217;s waiver decision]]></title>
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            <title>Comment #1 by stevenearlsalmony</title>
			<link>http://www.grist.org/article/more-on-epas-waiver-decision/</link>
			<pubDate>Wed, 19 Dec 2007 20:43:35 -0800</pubDate>
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				<p><strong>Perhaps someone can explain...........<p>.............how a great democracy becomes perverted by a confederacy of dunces?<p>
Steven Earl Salmony<br>
AWAREness Campaign on The Human Population<br>
<a href="http://sustainabilitysoutheast.org/" rel="nofollow">http://sustainabilitysoutheast.org/</a></br></br></p></p></strong></p>
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				<p><strong>Perhaps someone can explain...........<p>.............how a great democracy becomes perverted by a confederacy of dunces?<p>
Steven Earl Salmony<br>
AWAREness Campaign on The Human Population<br>
<a href="http://sustainabilitysoutheast.org/" rel="nofollow">http://sustainabilitysoutheast.org/</a></br></br></p></p></strong></p>
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            <title>Comment #2 by Sean Casten</title>
			<link>http://www.grist.org/article/more-on-epas-waiver-decision/</link>
			<pubDate>Wed, 19 Dec 2007 23:41:36 -0800</pubDate>
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				<p><strong>Legal question</strong></p><p>Johnson makes the point that this is a federal jurisdictional issue because greenhouse gases are a global pollutant. &nbsp;This makes logical sense, but I'm not sure it makes legal sense. &nbsp;There is a rather lengthy precedent for the feds not getting involved in state electricity policy - from setting prices on wholesale rates to setting grid interconnection standards - on the argument that the federalist system allows federal oversight only where interstate commerce is involved, and the transaction between a utility and a local generator is an single state transaction. &nbsp;Many have argued (unsuccessfully) that the interconnected nature of our grid, lack of electron-level knowledge about the locations of state boundaries and the trans-state impacts of generation choices (including, but not limited to AGW) mandate federal oversight, but these arguments have consistently lost to the states-rights crowd.</p><p>
My experience is that this federal-level punt on electricity policy has been massively costly, and explains why there is such a huge gap in energy efficiency between the states, in spite of broad agreement about what needs to be done. &nbsp;(And why the most prehistoric states are those in the southeast, where states-rights arguments carry particular resonance.) &nbsp;But if those arguments are valid and precedential, they would presumably apply equally to the transaction between a guy and his auto-dealer, no? &nbsp;Perhaps a lawyer out there in the Grist-i-verse can chime in?</p>
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				<p><strong>Legal question</strong></p><p>Johnson makes the point that this is a federal jurisdictional issue because greenhouse gases are a global pollutant. &nbsp;This makes logical sense, but I'm not sure it makes legal sense. &nbsp;There is a rather lengthy precedent for the feds not getting involved in state electricity policy - from setting prices on wholesale rates to setting grid interconnection standards - on the argument that the federalist system allows federal oversight only where interstate commerce is involved, and the transaction between a utility and a local generator is an single state transaction. &nbsp;Many have argued (unsuccessfully) that the interconnected nature of our grid, lack of electron-level knowledge about the locations of state boundaries and the trans-state impacts of generation choices (including, but not limited to AGW) mandate federal oversight, but these arguments have consistently lost to the states-rights crowd.</p><p>
My experience is that this federal-level punt on electricity policy has been massively costly, and explains why there is such a huge gap in energy efficiency between the states, in spite of broad agreement about what needs to be done. &nbsp;(And why the most prehistoric states are those in the southeast, where states-rights arguments carry particular resonance.) &nbsp;But if those arguments are valid and precedential, they would presumably apply equally to the transaction between a guy and his auto-dealer, no? &nbsp;Perhaps a lawyer out there in the Grist-i-verse can chime in?</p>
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