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Napolitano should approach Legislature to tackle climate change regulations

September 14th, 2007, 6:01 pm · Post a Comment · posted by Le Templar

Gov. Janet NapolitanoOne of the few clear gaffes during Gov. Janet Napolitano’s five years in office was the renaming of Squaw Peak in Phoenix to Piestewa Peak in 2003. Sure, some people just weren’t interested in changing the name. Others would have preferred some other choice than to honor Lori Piestewa, the Hopi woman killed during combat in Iraq and most likely the first Native American woman to die wearing a U.S. military uniform.But the real reason there’s lots of lingering resentment is because of the way the Napolitano administration rammed the change through. Her staff leaned heavily on the state geographic names board to waive a rule that landmarks can’t be named after people until five years after their death. Then-deputy chief of staff Mario Diaz (her campaign manager a year earlier) even went so far as to try to pressure the board chairman through his job with the Phoenix Police Department. When that didn’t work, the chairman was simply booted from his leadership post by other board members sympathetic to Napolitano’s request.There are several reasons why the issue didn’t become a bigger black mark with the public. This occurred during Napolitano’s first year, so many folks were willing to accept her apology for not handling the issue more delicately. Diaz disappeared into the background and departed the administration a few weeks later, so he paid at least a small penance. And, to be honest, the name of a particular mountain doesn’t have much impact on the lives of most people in Arizona. If you really care, you still call it Squaw Peak despite whatever the signs or state maps might say (the federal geographic names board never waived its 5-year rule).As the controversy died down, Napolitano said she learned a lesson or two from Piestewa Peak. I thought two of them were to do a better job of building public support before diving into highly charged controversy, and to be more subtle when she wants to skip the rules and just get something done.But Napolitano soon could repeat her mistake in a way that would affect the wallets and lifestyles of nearly every Arizonan.The governor seems determined to move ahead on her own initiative with a new requirement that automakers must more sell more fuel-efficient cars in Arizona, as well as other steps to reduce the state’s greenhouse emissions in half by 2040.When Napolitano signed a global warming deal with several other state governors last year, the Tribune Editorial Board was among those critics who asked how did the governor think she was going to enforce these goals unless she got the support of the state Legislature? Napolitano tried to claim she can act on her own under some slightly vague language in the state’s clear air law.Since the governors’ agreement was signed, the U.S. Supreme Court has ruled the EPA can’t avoid the responsibility of deciding whether manmade greenhouse gases such as carbon dioxide are pollutants because they can contribute to climate change, and therefore should be regulated. One federal trial judge recently said Vermont should have the option of requiring automakers to reduce carbon emissions.Earlier this week, Napolitano joined 11 other governors in urging the EPA to approve California’s request to set its own standards for auto carbon emissions. Such approval would clear the way for other states to do the same.But Arizona law doesn’t currently list greenhouse gases as a regulatory item. Still, Napolitano repeated Friday in a comment to Capitol Media Services that she has legal authority to direct the state Department of Environmental Quality to enforce greenhouse gas reductions.Even if Napolitano can make some hyper-technical legal argument here, she shouldn’t act unless the Legislature formally endorses her plans.Regulating greenhouse gases would be expensive; probably both in state tax dollars and in what it costs to buy autos, fuel, electricity, possibly even houses and water. Lawmakers and the governor working together would send a powerful message that the threat of climate change is so serious that we all must sacrifice to protect the future.Napolitano simply imposing such regulations from her office will be viewed by many as imperial and arrogantly ignorant of the costs involve. Such a move could easily backfire, becoming an issue in the 2010 gubernatorial election that brings in a successor who reverses some or all of her mandates.Being an effective governor isn’t just about pushing against a tide to do what’s right. Sometimes, a governor has to fight to unite other elected officials and the public behind a controversial cause.Despite the mood in Hollywood and certain corners of Washington, many remain highly skeptical of any real dangers to climate change. Napolitano will do more damage than good for her agenda on this issue if she acts without following the traditional procedures for making long-term policy decisions. That includes getting the Legislature to change state law to make her authority clear. Convincing lawmakers to set aside a few tax dollars to enforce that authority wouldn’t hurt either.

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