Washington (Platts)--28Mar2008

A committee in the US House of Representatives will vote April 2 on
whether to subpoena the Environmental Protection Agency for documents related
to how the agency was preparing to respond to a US Supreme Court ruling for
greenhouse gas regulation.

Massachusetts Democrat Ed Markey said Friday that his US House Select
Committee on Energy Independence and Global Warming will vote on whether to
subpoena EPA for the information on the one-year anniversary of the landmark
decision on global warming. A simple majority would approve the issuance of a
subpoena.

EPA Administrator Stephen Johnson earlier in March testified before
Markey's committee, but declined to turn over documents related to any finding
by the agency on whether GHG emissions endanger public health or welfare as
requested by the court.

The high court's 5-4 decision said EPA has statutory authority to
regulate GHG emissions from new motor vehicles. The agency can avoid
regulating these emissions only if it determines GHGs do not contribute to
climate change or if EPA, based on the Clean Air Act, provides "some
reasonable explanation as to why it cannot or will not exercise its discretion
to determine whether they do," the court said.

On Thursday, Johnson wrote congressional leaders that he would begin to
explore how to regulate greenhouse gas emissions under the Clean Air Act in
response to the court opinion. EPA plans to issue an advance notice of
proposed rulemaking later this spring.

But Markey said Johnson's tactic was to delay action to reduce GHG
emissions and prevent climate change.

"Johnson's strategy on producing these documents is the same as his
strategy to deal with global warming: delay, deny and distract," said Markey.
"I have tried to work with Administrator Johnson to acquire these important
documents, and Congress and the American people have every right to see them."

--Cathy Cash, cathy_cash@platts.com