The Nicholas Institute for Environmental Policy Solutions at Duke University

The Congressional Review Act was used to repeal a rule that forced energy companies on the U.S. stock exchanges to disclose the royalties and other payments that oil, natural gas, coal and mineral companies make to governments in an effort to fight corruption in resource-rich countries. President Donald Trump signed legislation to scrap the rule, implemented by the Securities and Exchange Commission under the Dodd-Frank Wall Street Reform and Consumer Protection Act, on Tuesday.

“This is one of many,” Trump said after the signing of H.J. Res. 41. “We have many more left. And we’re bringing back jobs big league.”

The repeal of the Obama-era rule was made possible through the rarely used Congressional Review Act, which allows Congress a small window to scuttle regulations before they take effect with a simple majority vote and blocks regulators from writing similar rules in the future unless Congress authorizes them through subsequent legislation. Given the infrequency with which the Congressional Review Act has been used, however, legal uncertainty hangs over how the government approaches a statutorily required regulation that is overturned through the Congressional Review Act. Before Trump took office, the Congressional Review Act had been used only once, in 2001, to overturn a Clinton administration ergonomics rule.

So far, the House has moved to repeal eight other rules, including a rule restricting coal companies from dumping mining waste into streams and one curtailing methane waste from oil and gas drilling on public lands. The Senate could consider the latter, H. J. Res. 36, which would rescind the Bureau of Land Management’s Waste Prevention, Production Subject to Royalties, and Resource Conservation rule, this week. Also this week, Trump could sign a separate resolution scrapping the U.S. Department of the Interior’s Stream Protection Rule, enacted to protect 6,000 miles of streams and 52,000 acres of forests.

Meanwhile, Senate Majority Leader Mitch McConnell filed cloture Monday for six of Trump’s cabinet nominees, allowing them to come before the full Senate for a vote. Trump’s environment-focused nominees—Ryan Zinke (U.S. Department of the Interior) and Rick Perry (U.S. Department of Energy), are presently on hold. Some reports say Zinke’s confirmation may not be until March.

Although a Senate vote for Trump’s pick to lead the U.S. Environmental Protection Agency was expected this week, Senate Democrats requested Scott Pruitt’s vote be delayed due to a pending court case regarding e-mail records. There is no indication at this point that the vote will be delayed, however.

“These records are needed for the Senate to evaluate Mr. Pruitt’s suitability to serve in the position for which he has been nominated,” the Democrats wrote.

Sea Ice Continues to Shrink at Both Poles; Study Examines Method to Refreeze

Sea ice at the north and south poles continues to reach record low levels. In Antarctica, sea ice has shrunk to its lowest level since record keeping began in 1979—contracting to 2.287 million square kilometers. The average between 1981 and 2010 was more than 3 million square kilometers.

Sea ice in the Arctic is also tracking low—13.9 million square kilometers compared to the 30-year average of 15.2 million square kilometers.

“No one knows for sure what will happen, as there might be a rebounding from the very large decreases last year, or there might be a continuation of those decreases,” said Claire Parkinson, a NASA sea ice researcher. “Whichever way it turns out, the added information will probably help scientists to get a better handle on the likely causes.”

A new study published in Earth’s Future, the journal of the American Geophysical Union, suggests that it may be possible to refreeze ice in the Arctic, building back up record-low ice levels.

“This loss of sea ice represents one of the most severe positive feedbacks in the climate system, as sunlight that would otherwise be reflected by sea ice is absorbed by open ocean,” authors write. “It is unlikely that CO2 levels and mean temperatures can be decreased in time to prevent this loss, so restoring sea ice artificially is imperative.”

The authors examine a means for increasing sea ice production using wind power to pump water from the ocean and spray it on the surface during Arctic winters. Because the mean annual thickness of Arctic ice is approximately 1.5 meters, the authors say, this plan could increase the thickness of the ice by about 70 percent over the course of a winter—enough to counteract the 0.58 meters lost each year due to the changing climate.

“Thicker ice would mean longer-lasting ice. In turn, that would mean the danger of all sea ice disappearing from the Arctic in summer would be reduced significantly,” said Arizona State University’s Steven Desch, an author of the plan to use 10 million wind-powered pumps.

Human Activities Dwarf Natural Forces When It Comes to Climate Change Impacts

Two researchers who examined the Earth as a single complex system say they have captured in a one equation the impact of human activities. Those activities, specifically, the emission of greenhouse gases, are causing the climate to change 170 times faster than natural forces.

The study, published in the journal The Anthropocene Review, represents that exceptional rapid rate of change in an “Anthropocene equation.”

Explaining the equation in New Scientist, co-author Owen Gaffney of the University of Stockholm said it was developed “by homing in on the rate of change of Earth’s life support system . . .  For four billion years the rate of change of the Earth system has been a complex function of astronomical and geophysical forces plus internal dynamics: Earth’s orbit around the sun, gravitational interactions with other planets, the sun’s heat output, colliding continents, volcanoes and evolution, among others.”

“In the equation, astronomical and geophysical forces tend to zero because of their slow nature or rarity, as do internal dynamics, for now,” Gaffney added. “All these forces still exert pressure, but currently on orders of magnitude less than human impact.”

Gaffney said that although complex interactions between the Earth’s core and the biosphere had rendered Earth relatively stable over millions of years, human societies would be unlikely to fare so well. The research concluded that failure to reduce anthropological climate change could “trigger societal collapse.”

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

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