The rift between the federal government and state governments over who should have authority to set limits on emissions of greenhouse gases (GHGs) may be more complex than initially thought.

While states appear to be taking the lead in developing mandatory rules and the Bush administration is resisting, a recent white paper published by congressional Democrats suggests that it is not only Republicans who are reluctant to surrender federal authority.

Prepared by the House Committee on Energy and Commerce, Climate Change Legislation Design White Paper: Appropriate Roles for Different Levels of Government recognizes that all levels of government-federal, state, tribal, and local-must play key roles in achieving desired cuts in GHG emissions under a national cap-and-trade program.

But the paper also warns against a "patchwork" of state regulations that can create an uneven economic playing field. The language echoes EPA's recent decision to deny California and at least 16 other states the right to issue their own mobile source GHG emissions standards.

"Under most environmental programs, a more stringent state program provides additional environmental or public health protection," states the Committee.

"With a national cap-and-trade program, though, a more stringent state program may just shift the location of, rather than decrease, national emissions because the sources subject to the more stringent state program will need fewer allowances (thus freeing up allowances for sources in other states).

"Unlike most air pollutants, local greenhouse gas reduction alone will not help the local area given that climate change is caused by global, rather than local, concentrations of greenhouse gases."

Environmentalists welcomed the spirit of intergovernmental cooperation advocated in the white paper, but cautioned that limiting the power of states to regulate GHG emissions makes little sense while the federal government fails to move forward with legislation.

The committee white paper is available here.

[Source: Environmental Manager's Compliance Advisor. Subscribe today!]