TRENTON, NJ – New Jersey Governor Phil Murphy is on a mission to rid the Garden State of fossil fuels. The governor has announced a 2035 ban on gasoline-powered cars and has been working to eradicate gas-powered heating units, gas-powered appliances and building a massive, but so far financially troubled offshore wind turbine project along the Jersey Shore.
Now, the EPA could be on the verge of giving Governor Murphy the legal power to continue to push his anti-fossil fuel agenda, which is in line with the Biden Administration’s plan to ‘end fossil fuels’ in America.
On July 7, the Environmental Protection Agency (EPA) officially rescinded a rule implemented during the Trump administration that mandated benefit-cost analysis for significant new air pollution regulations. The Biden EPA’s action allows for more flexibility in pursuing its regulatory agenda against fossil fuels under the Clean Air Act by removing the requirement for such analysis.
While the rule was in effect, the EPA was required to conduct a benefit-cost analysis for new air pollution regulations, which involved identifying the specific problem the regulation aimed to address, explaining why market alternatives were insufficient, and distinguishing between direct and indirect health benefits associated with reducing air pollution emissions. The terminated rule also obligated the EPA to outline other regulatory approaches it chose not to adopt and provide reasons for their exclusion.
The Biden EPA initially issued an interim rule in May 2021, temporarily suspending the benefit-cost analysis rule. However, the recent action solidifies the rule’s complete rescission from federal regulations.
In the final rule’s text, the EPA stated that the changes introduced by the benefit-cost analysis rule were ill-advised, lacking a connection to the Clean Air Act, and unnecessary to achieve the act’s objectives. The Biden administration concluded that the rule lacked a rational basis and that the previous administration did not possess the authority to implement it.
EPA Administrator Michael Regan emphasized the administration’s commitment to science and its dedication to rectifying past mistakes. In a May 2021 statement, Regan stated, “Revoking this unnecessary and misguided rule is proof positive of this administration’s commitment to science… We will continue to fix the wrongs of the past and move forward aggressively to deliver on President Biden’s clear commitment to protecting public health and the environment.”
Using the authority granted by the Clean Air Act, the EPA has targeted emissions from power plants and vehicle tailpipes as part of President Biden’s broader energy agenda. During his presidential campaign, Biden made a personal pledge to “end fossil fuels.”