Climate Politics

John Podesta talks tough on Obama’s energy plan

“If people want to continue in practices that were more appropriate in the 1950s than today, then I think that they’re going to have to understand that Obama campaigned on a promise of energy transformation. And he intends to fulfill it.” — John Podesta, Obama’s transition chief and president of the Center for American Progress

Obama may be able to implement cap-and-trade under the Clean Air Act — but should he?

The following is the fourth in a series of guest posts from the Constitutional Accountability Center, a progressive legal think tank that works on constitutional and environmental issues. It is written by online communications director Hannah McCrea and president Doug Kendall, who also help maintain CAC's blog, Warming Law. (Part I, Part II, Part III)

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In previous posts, we've spelled out specific steps President Barack Obama can take to encourage Congress to pass legislation establishing a strong cap-and-trade program. Yet there has been speculation as to whether the President already has the authority, under the Clean Air Act, to establish a cap-and-trade program without waiting for Congress to act.

In actuality, there is no straightforward answer to whether the administration can introduce cap-and-trade for CO2 under the CAA. For one thing, the EPA has never successfully implemented a cap-and-trade program for any pollutant without congressional approval. The Bush administration tried twice, once with the Clean Air Mercury Rule (regulating mercury emissions) and again with the Clean Air Interstate Rule (regulating sulfur dioxide and nitrous oxide emissions), though both programs were ultimately struck down by the D.C. Circuit on unrelated grounds. (Note: The D.C. Circuit temporarily reinstated the Clean Air Interstate Rule in December in order to preserve its environmental benefits while the EPA promulgates new rules. However, the court made clear that it still viewed the program as unlawful.)

The only time cap-and-trade has been permitted to go forward is when it was explicitly approved in CAA provisions, as was the case with the EPA's famous Acid Rain Program regulating SO2 and NOx. Georgetown Law professor (and newly-appointed EPA adviser) Lisa Heinzerling noted in testimony [PDF] before the House Committee on Energy and Commerce that this by itself might be grounds for prohibiting cap-and-trade for CO2 under other sections of the Act, "because [the acid rain] provisions explicitly permit emissions trading, it might be argued that the provisions that do not mention trading do not allow it." (Emphasis added.)

Precedent thus provides little insight as to whether a full-fledged cap-and-trade program for CO2 emissions under the existing CAA would withstand a court challenge. Moreover, Heinzerling's congressional testimony reveals that while certain provisions of the CAA lend themselves to establishing targets for CO2 emissions, the language of the Act only somewhat supports then using cap-and-trade as the mechanism for reducing total emissions. She concedes:

RNC chooses as new leader the author of 'drill, baby, drill'

After a contentious and somewhat clownish leadership battle, the Republican National Committee has finally (after six ballots) chosen its next leader: Former Maryland Lt. Governor Michael Steele.

Which gives me an excuse to share a little-known factoid: it was actually Steele -- not Sarah Palin, not Newt Gingrich, not Rudy Giuliani -- who coined the slogan "drill, baby, drill," which is likely to go down in history as the apotheosis of Republican intellectual achievement in the early 21st century.

I was there -- it was the third day of the RNC in St. Paul; Steele was one of the introductory speakers. Prior to this the slogan was "drill here, drill now, pay less," which works for a bumper sticker but is too long and complex for the right's base. It was Steele who freestyled the somewhat more digestible and catchy version.

It obviously caught Palin's ear, because she repeated it in her speech, and then it took off.

Congratulations, GOP. You've chosen well. Or at least appropriately.

The Clean Air Act is President Obama's key to triggering cap-and-trade

The following is the third in a series of guest posts from the Constitutional Accountability Center, a progressive legal think tank that works on constitutional and environmental issues. It is written by online communications director Hannah McCrea and president Doug Kendall, who also help maintain CAC's blog, Warming Law. (Part I, Part II)

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A debate has been rumbling over whether it is possible for the EPA to establish a cap-and-trade program for carbon emissions under the existing Clean Air Act. We'll discuss that debate in Part IV of this series. Setting aside that debate for a moment, the Act can still serve as an important catalyst for congressional action on climate change, if used effectively by the new Obama administration. Happily, Obama's all-star climate team seems to clearly understand this important truth.

The history here by now qualifies as environmental lore. Back in 1999, a group of concerned organizations, led by the tiny but bold International Center for Technology Assessment, petitioned the EPA to regulate greenhouse gases under the CAA, arguing that the threat to human populations posed by climate change meant each of these chemicals fell within the Act's definition of an "air pollutant" that "endangers public health or welfare." After several years of legal prodding, and under Bush-appointed leadership, the EPA denied the petition. EPA claimed it did not have the authority to regulate GHGs and that, even if it did, it would defer regulation until climate science and policy, including foreign policy, became better developed.

Several U.S. states and environmental groups then challenged the EPA's decision in federal court, ultimately resulting in a landmark 5-4 Supreme Court ruling against the EPA issued in April 2007. The Court not only held that the EPA had the authority to regulate GHGs under the CAA, but that it was unjustified in delaying its action based on policy considerations not enumerated in the CAA itself.

The Court's ruling in Massachusetts v. EPA [PDF] was an historic moment in the fight against climate change. With federal action at an alarming standstill, the highest court in the land informed former President Bush that his administration already had the power it needed to address GHG emissions on a national level. Specifically, the Court held that the EPA could apply its broad authority under the CAA to regulate CO2 as a pollutant, and therefore did not need to wait for Congress to begin aggressively addressing climate change on a more comprehensive basis.

Kansas legislature reviving last year’s coal fight

The Kansas legislature is once again attempting to pass a bill to get two new coal-fired power plants built in the southwestern part of the state, an attempt to override state environmental officials. Gov. Kathleen Sebelius has gone head to head with Sunflower Electric Power and the legislature on this issue. The battle began in […]

President Obama should clear the way for state innovation on climate policy

The following is the second in a series of guest posts from the Constitutional Accountability Center, a progressive legal think tank that works on constitutional and environmental issues. It is written by online communications director Hannah McCrea and president Doug Kendall, who also help maintain CAC's blog, Warming Law. (Part I)

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In a 1932 dissenting opinion, Supreme Court Justice Louis Brandeis famously wrote: "It is one of the happy incidents of the federal system that a single courageous State may, if its citizens chose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country."

In the absence of federal action on climate change under the Bush administration, state and local governments have been taking advantage of this "happy incident" by passing measures that will reduce their contribution to global warming. Last September, ten northeastern states began auctioning allowances in the country's first mandatory regional cap-and-trade program, the Regional Greenhouse Gas Initiative (RGGI), while several western states began working with Canadian provinces to set up a similar program under the Western Climate Initiative.

Signaling that the nexus of leadership in U.S. climate policy lies currently at the state level, California Gov. Arnold Schwarzenegger hosted the Governors' Global Climate Summit in November, ostensibly to facilitate a high-level meeting between international and American leaders that bypassed the federal government. Unsurprisingly, California has led state efforts in advancing climate policy, and is currently in the process of adopting the largest and most comprehensive greenhouse gas reduction program in the country. These initiatives signal that Justice Brandeis's vision of states as "laboratories" of regulation is very much alive in the realm of climate policy.

Of course, state innovation has been most visible (and most contentious) when it comes to auto emissions standards, as seen with this week's blockbuster news that President Barack Obama is ordering the EPA to revisit the California waiver denial. As Grist readers may recall, in 2004 California formally adopted the "Pavley standards," an aggressive enhancement of auto emissions standards that would require a 30 percent reduction in greenhouse gas emissions for new vehicles by 2016. Normally, states aren't allowed to depart from federal auto emissions standards in this way, but under Section 209 of the Clean Air Act, California has special permission to set better-than-federal fuel economy standards, provided it obtains a waiver of preemption from the EPA. Once California gets a waiver, other states are allowed to adjust their own standards to match California's, creating a mechanism in which states gradually bring about a nation-wide reduction in auto emissions.

Washington governor unveils green jobs legislation

Last night, NBC Nightly News aired a short segment on how hard the recession is hitting Seattle. It's quite depressing, especially amid the ever-gray skies ...

Washington Gov. Chris Gregoire (D) is not unaware of this fact and, as I've mentioned previously, is trying to boost the state's economy by putting monies toward major building projects and other job-creating ventures.

Yesterday, she announced a legislation package that focuses more concretely on the creation of "green jobs" -- as well as lowering the state's carbon footprint.

The legislation contains House Bill 1819 and its equivalent Senate Bill 5735. Both bills would implement a cap and trade system in partnership with six states and four Canadian provinces, which are part of a coalition called the Western Climate Initiative.

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In addition to the cap and trade bill, a proposed $455 million will be invested for projects that emphasize energy efficiency and clean-energy technology. These investments would help support 2,900 jobs for the next two years, according to the Office of Financial Management.

There will be public hearings on both bills next Tuesday, and if passed, the cap-and trade-program would go into effect in 2012.

This might be my all-time favorite

Certainly in the top five:

DeFazio says Summers should be canned for cutting mass transit funds

"Harvard had it right."

-- Rep. Pete DeFazio (D-Ore.), referring to the university's jettisoning of Larry Summers, who is now director of Obama's National Economic Council and who DeFazio has accused of axing mass transit funding from the stimulus bill

A chat with Obama's green-leaning liaison to the states, Boulder Mayor Shaun McGrath

As we reported on Thursday, the Obama administration has scooped up Shaun McGrath, the green mayor of Boulder, Colo., to serve as the deputy director of intergovernmental affairs within the White House.

McGrath has been mayor of Boulder since 2007 and a city council member since 2003. He has also worked on environmental issues for the Western Governors' Association since 1995. It was under his leadership that Boulder set out to become the first smart-grid city in the country. Voters there also approved the country's first carbon tax in 2006, and the city has been recognized with a platinum-level "bicycle-friendly community" award from the League of American Bicyclists. Pretty frickin' green, eh?

We tracked McGrath down to find out what he'll be doing in his new gig, which starts on Feb. 9.

Grist: What exactly will your role be in the White House?

Shaun McGrath: It's in the White House Office of Intergovernmental Affairs. The office is the president's liaison to state and local elected officials, and I will be the deputy director responsible for liaising between the president and the nation's governors.

Grist: You've been active on green issues in Boulder. What do you hope to be able to do with that experience in your new role at the White House?