We're first starting to read through the EPA's just-released (literally, moments ago) decision notice regarding the California waiver, which focuses on California purportedly lacking "compelling and extraordinary conditions" under the Clean Air Act, and will be entered into the Federal Register later today. Once we've got a sense of the 47-page document, we'll be posting updates and our usual no-frills analysis throughout the day.
In the interim, however, Warming Law readers should certainly feel free to take a look for themselves, and chime in if desired. EPA's news advisory unsurprisingly sets the "official timeline" as follows, also linking to the original decision notices from December:
EPA sent a letter to California on Dec. 19, 2007, setting forth its intent to deny the waiver in favor of a national solution for vehicle greenhouse-gas emissions. On Feb. 29, 2008, EPA Administrator Johnson signed a Federal Register Notice Denying a Waiver of Clean Air Act Preemption for California's 2009 and Subsequent Model Year Greenhouse Gas Emission Standards for New Motor Vehicles.
Is it possible to impeach Johnson?
Posted by: joe | February 29, 2008 at 11:57 AM
The Constitution lists, as impeachable offenses, "Treason, Bribery, or other high Crimes and Misdemeanors." Legal redress for arbitrary or unlawful action by an agency is available under the Administrative Procedure Act. I am not aware of any serious legal scholar who would view impeachment as an appropriate response in these circumstances.
Interestingly, cabinet officers and other agency heads are subject to impeachment. Section 2 of Article II of the U.S. Constitution authorizes impeachment of the President, Vice President, and "all civil Officers of the United States." There is precedent for impeaching an Executive Branch official other than the President or VP. William Worth Belknap, President Grant's Secretary of War, was impeached by a unanimous vote of the House. The Senate vote on conviction fell short of the requisite two thirds.
Posted by: Tim Dowling | March 03, 2008 at 08:44 AM