Excerpt of the draft EPA rulemaking, discussing the threat global warming poses to public health. Download the first 150 pages of the document (Part I and Part II).

Reporters for Dow Jones and the Wall Street Journal write that an “intense private battle” has broken out between officials at the White House Office of Management and Budget (OMB) and the Environmental Protection Agency over “the publication of a document that could become the legal roadmap for regulation of greenhouse gas emissions across the U.S. economy.” The portions of the document obtained by the Wonk Room reveal why the White House has been suppressing it since December of last year.

Even after major cuts from the December version, this document makes a mockery of President Bush’s claim in April that applying the Clean Air Act to global warming pollution “would have crippling effects on our entire economy.” In fact, after spending all of 2007 working with the Departments of Transportation and Energy to model the effects of motor vehicle greenhouse gas regulations, the EPA found the exact opposite:

Assuming gas prices in the range of $3.50 per gallon, “the net benefit to society could be in excess of $2 trillion” through 2040:

With higher gasoline prices, the benefits of high carbon-dioxide standards would be even greater. The EPA’s findings, completed last year, raise serious questions about whether Bush’s statements to the American public were made in good faith, and why he is now asserting executive privilege to block the Congressional investigation.

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The AP has the bombshell news. A judge has finally used the Supreme Court decision that carbon dioxide is a pollutant:

The construction of a coal-fired power plant in Georgia was halted Monday when a judge ruled that the plant’s builders must first obtain a permit from state regulators that limits the amount of carbon dioxide emissions.

The ruling, from Fulton County Superior Court Judge Thelma Wyatt Cummings Moore, is here [big PDF]. What did the judge find?

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“TV journalism” has been an oxymoron as long as I can remember, but not “print journalism.” My father was an old-school newspaper editor, which is why I still hold print journalists in moderately high regard. But media critic Howard Kurtz of the Washington Post, in a Tim Russert eulogy, explains just how far newspapers (like the Orlando Sentinel) have now fallen:

Under its new owner, Sam Zell, the Tribune Co. earlier this month decreed a 12 percent cutback in content, meaning that the Los Angeles Times, for instance, will be serving up 82 fewer news pages each week. Tribune’s Baltimore Sun announced last week it will cut 100 employees, in part through layoffs, and produce what publisher Tim Ryan called “a more concise newspaper with more local news” — a euphemism for slashing news space.

Randy Michaels, the company’s chief operating officer, said Tribune has begun measuring productivity by how much copy each journalist churns out – and that the average Times reporter generates a mere 51 pages a year, compared with more than 300 apiece at the Sun and Hartford Courant. Perhaps no one has explained to him that writing in-depth stories — say, prizewinning investigative pieces — takes a bit more time.

Note to Tribune — if “journalists” are measured by quantity over quality, then you really have nothing whatsoever over the web. Your journalists are typically less knowledgeable than many of the people who blog on their areas of expertise. And I don’t see how you can match the web for quantity. Nor price, of course. Once your quality is gone, why should anyone pay for your product?

Lee Abrams, hired from XM Satellite Radio as Tribune’s chief innovation officer, has been cranking out colorful memos: “Newspapers strike me as being a little TOO NPR. I like NPR, and their shows like Morning Edition do well. But NPR can also be a bit elitist. . . . It’s all about being INTELLIGENT . . . not intellectual.

Hence the emphasis on quality over quantity. Oops. But wait, the memo gets better….

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In a landmark victory in the battle to regulate global warming pollution, a Georgia judge ruled that a proposed coal-fired plant could not be built unless its carbon dioxide emissions are limited, effectively killing the project. The ruling is the first to apply the Supreme Court’s Massachusetts vs. EPA decision to the question of greenhouse gas pollution from power plants. According to GreenLaw, the Georgia environmental organization who filed suit with the Friends of the Chattahoochee and the Sierra Club in June 2007, Fulton County Superior Court Judge Thelma Moore’s decision “goes a long way toward protecting the right of Georgians to breathe clean air“:

The decision overturns an administrative court’s ruling that affirmed the state Environmental Protection Division’s (EPD) decision to issue an air pollution permit for Dynegy’s Longleaf plant. In practical terms, Dynegy cannot begin construction of the plant unless it can obtain a valid permit from EPD that complies with the Court’s ruling. The Judge held that EPD must limit the amount of carbon dioxide (CO2) emissions from the plant, a decision that will have far-reaching implications nationwide; this is the first time since the April 2, 2007, Supreme Court decision requiring the Environmental Protection Agency to regulate CO2 that a court has applied that standard to CO2 from an industrial source rather than from motor vehicles.

The $2 billion, 1200 megawatt plant — the first proposed in Georgia in over 20 years — was to be built by Dynegy Inc., the Houston-based energy company with several other proposed coal-fired power plants across the country. Dynegy and other fossil fuel polluters have been scrambling to get new plants started in anticipation of future limits on greenhouse gases, before investors and ratepayers recognize the risk.

Last October, the Kansas Department of Health denied air quality permits to a proposed coal plant expansion because of the danger greenhouse gas emissions pose to the climate. Gov. Kathleen Sebelius (D-KS) vetoed repeated attempts by the legislature to override the decision.

In contrast, officials recently appointed by Gov. Timothy Kaine (D-VA) to the Virginia Air Pollution Control Board unanimously granted air quality permits to Dominion Resources for a $1.8 billion coal-fired plant last week.

UPDATE: Clean Air Watch‘s Frank O’Donnell (also a Wonk Room guest blogger) has forwarded the court decision, which unequivocally rules that carbon dioxide must be regulated:

Faced with the ruling in Massachusetts that CO₂ is an “air pollutant” under the Act, Respondents are forced to argue that CO₂ is still not a “pollutant subject to regulation under the Act.” Respondents’ position is untenable. Putting aside the argument that any substance that falls within the statutory definition of “air pollutant” may be “subject to” regulation under the Act, there is no question that CO₂ is “subject to regulation under the Act.”

Frank writes, “Those proposing coal plants elsewhere are going to be running for the Excedrin.”

UPDATE II: At Raising Kaine, TheGreenMiles, who earlier revealed the “menacing letter” Kaine sent to the Virginia board to push them to approve the Dominion plant, writes:

As for Gov. Kaine … you’ve spent the last year championing this coal plant as a cure-all for southwest Virginia’s economic woes, global warming and green jobs be damned. Now a judge is very likely to rule that your efforts have been in violation of the Clean Air Act, leaving southwest Virginia without the jobs, Virginia behind the curve on a clean energy future and you with a deeply scarred legacy. There are no winners here.

I am scheduled to be on Fox Business News at 7 pm today on “to drill or not to drill.” I doubt many of you have access to FBN, but I will try to post the video if I get it. The only interesting thing about this is that Wayne Rogers is hosting for David Asman.

Rogers, for those who aren’t long time readers of this blog (or fans of Fox), is the Bizarro World‘s Alan Alda (see here). So I’m doing this for amusement, practice, and general-masochism.