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Profile: Robert E. Fabricant
Positions that Robert E. Fabricant has held:
Robert E. Fabricant was a participant or observer in the following events:
The Environmental Protection Agency (EPA) quietly lifts a 25-year-old restriction on the sale of PCB-contaminated land. PCBs, or polychlorinated biphenyls, are linked to cancer and neurological problems. The rollback, based on an EPA reinterpretation of an existing law, is announced in an internal memo written by EPA general counsel Robert Fabricant. Fabricant claims in the memo that the old interpretation represented “an unnecessary barrier to economic redevelopment.” Because the change is considered a “new interpretation” of existing law, the administration has no legal obligation to make a public announcement. Critics, including some EPA staffers, note that the longstanding ban served as an incentive for landowners to notify the EPA of the contamination and clean up their property. As a result, about 100 sites a year were submitted to the agency for review. They also warn that the new policy will make it hard to track sales of polluted sites and to ensure that buyers properly assess the land prior to development. [Environmental Protection Agency, 8/14/2003 ; USA Today, 9/1/2003; New York Times, 9/3/2003]
The Environmental Protection Agency rules that carbon dioxide, the leading cause of global warming, cannot be regulated as a pollutant. EPA General Counsel Robert Fabricant writes in his 12-page decision, “Because the [Clean Air Act] does not authorize regulation to address climate change, it follows that [carbon dioxide] and other [greenhouse gases], as such, are not air pollutants.” His ruling reverses the position taken by the Clinton administration in 1998. Eron Shosteck, a spokesman for the Alliance of Automobile Manufacturers, is pleased with the decision. “Why would you regulate a pollutant that is an inert gas that is vital to plant photosynthesis and that people exhale when they breathe? That’s not a pollutant,” he says. Melissa Carey, a climate policy specialist for Environmental Defense, disagrees. “Refusing to call greenhouse-gas emissions a pollutant is like refusing to say that smoking causes lung cancer. The Earth is round. Elvis is dead. Climate change is happening.” [Knight Ridder, 8/29/2003]
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