On Monday, President Donald Trump signed an order that will require federal agencies to cut two existing regulations for every new rule and that will set an annual cap on the cost of new regulations with the exceptions of military and national security regulations. For fiscal year 2017, the cap will require that the cost of new regulations be completely offset by the rescinding of existing rules. Starting in 2018, the order directs the White House Office of Management and Budget head to give each agency a budget for increasing or decreasing regulatory costs.
Yet, legal experts suggest that the executive order could be impossible to implement because many regulations are required by laws written by Congress.
“It should be noted that no [executive order] can change underlying statutes adopted in the regular order by Congress and signed by the president,” Scott Segal, an industry lawyer at Bracewell LLP, told ClimateWire (subscription).
The new order comes on the heels of a Congressional Research Service study finding that the Clean Air Act’s regulatory structure “faces an unusual degree of uncertainty” this year, with one or more branches of government poised to weigh in on key existing EPA rules. Those rules include the Clean Power Plan, methane rules for new or substantially modified oil and gas operations, and EPA’s latest ambient air quality standards for ozone. Yet other rules could be vulnerable under the Congressional Review Act, which allows Congress 60 legislative working days from the time a federal regulation is finalized to pass a “joint resolution of disapproval” on the rule.
The House passed two bills on Wednesday invoking the seldom used Congressional Review Act to attempt to roll back the Stream Protection Rule and the Securities and Exchange Commission rule requiring oil, gas and mining companies to reveal payments made to foreign governments. The rules were among five Obama administration regulations, including the Bureau of Land Management’s restrictions on methane emissions from flaring and venting during oil and gas operations on public and tribal lands, being targeted for reversal.
Trump has targeted specific regulations he believes hamper job growth, including the Waters of the U.S. Rule and the U.S. Environmental Protection Agency’s (EPA) Clean Power Plan, which aims to limit carbon pollution from existing power plants but is under a Supreme Court stay.
Trump Nominates Supreme Court Justice; Some Cabinet Appointees Move Forward
President Donald Trump on Tuesday appointed 10th Circuit Judge Neil Gorsuch as his nominee to fill the Supreme Court seat left vacant last February by the death of Justice Antonin Scalia. The decision, which has implications for environmental policy, comes as Trump promised—within two weeks of taking office.
Gorsuch’s parallels to Scalia were described by SCOTUSBlog writer Eric Citron as “eerie.”
“He is an ardent textualist (like Scalia); he believes criminal laws should be clear and interpreted in favor of defendants even if that hurts government prosecutions (like Scalia); he is skeptical of efforts to purge religious expression from public spaces (like Scalia); he is highly dubious of legislative history (like Scalia); and he is less than enamored of the dormant commerce clause (like Scalia),” Citron wrote.
Although Gorsuch hasn’t ruled on many environmental matters, Inside EPA reports that he has called for limiting the discretion of the EPA and other agencies to interpret their own authority. Last year, in Gutierrez-Brizuelo v. Lynch, Gorsuch indicated he was fine without Chevron deference, the legal doctrine granting government agencies interpretation of ambiguous statutes unless their interpretation of a statute is unreasonable.
“We managed to live with the administrative state before Chevron. We could do it again,” wrote Gorsuch in the majority opinion.
In that opinion, Gorsuch argued that the meaning of the law is for judges, not federal bureaucrats, to decide.
“Where in all this does a court interpret the law and say what it is?” Gorsuch said. “When does a court independently decide what the statute means and whether it has or has not vested a legal right in a person? Where Chevron applies that job seems to have gone extinct.”
Also this week, several of Trump’s cabinet picks—Department of Energy Secretary nominee Rick Perry, U.S. Attorney General nominee Jeff Sessions and Department of the Interior nominee Ryan Zinke—gained committee approval and now move forward for consideration by the full Senate.
All 10 Democrats on the Senate Environment and Public Works Committee, which is tasked with considering whether to move Scott Pruitt’s nomination to lead the EPA to the full Senate, opted to boycott the Wednesday meeting. They said Pruitt failed to provide substantive answers to questions about rules governing air pollution, toxic chemicals and lead in gasoline. But today, Republicans on the committee advanced Pruitt’s nomination on a party line vote after suspending committee rules because of the boycott.
Rex Tillerson, the former chairman and chief executive of Exxon Mobil, was confirmed by the Senate as the next Secretary of State by a 56-43 vote and was sworn in Wednesday evening. At his confirmation hearing, he acknowledged that the climate is changing but said that he believes science is not conclusive on the issue of how rising greenhouse gas emissions will affect life on Earth. He expanded on his views when providing written responses to questions posed by two senators.
“I agree with the consensus view that combustion of fossil fuels is a leading cause for increased concentrations of greenhouse gases in the atmosphere,” he wrote to Senator Ben Cardin of Maryland. “I understand these gases to be a factor in rising temperature, but I do not believe the scientific consensus supports their characterization as the ‘key’ factor.”
Study Says Carbon Capture Necessary to Meet Paris Agreement Goal
The global climate can survive the possible withdrawal of the United States from the Paris Agreement, said the authors of a study published this week in the journal Nature Climate Change. The bigger threat, they said, is a world without widespread deployment of carbon capture and storage (CCS) technologies. Absent those technologies, achieving the climate treaty’s goal to limit warming to “well below” 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit that increase to 1.5 degrees Celsius could be impossible.
The authors reached that conclusion by reviewing past energy trends and examining nearly 150 countries’ pledged carbon reduction targets in the context of more than 100 climate simulations indicating how changes in energy production and use through 2040 could meet the 2 degrees Celsuis goal. To deal with the mix of targets—among them, straight emissions reductions (for example, 30 percent by 2030), lowered emissions intensity (emissions per unit of GDP), and technology deployment (for example, expansion of renewables)—the study used the Kaya Identity method, which breaks the carbon dioxide emissions rate into the human factors that affect it—broad factors such as GDP and more specific ones such as quantity of deployed renewables.
The study paints a good news-bad news picture of progress toward the 2 degrees Celsius goal. It indicates that the rate of global emissions has leveled off over the last few years due to a reduction in coal burning by China, a shift from coal to gas and renewables plus increased industrial energy efficiency in the United States, rapid expansion of renewables in the European Union, and slowed GDP growth in the U.S., EU and China. But sustaining this trend of decreasing carbon intensity of energy will not be easy. Although renewables development is keeping pace with 2 degree Celsius scenarios, nuclear power is lagging and CCS is barely past the starting gate. Only a few CCS facilities are operational, and only a couple of dozen are in construction.
“The greatest challenge is the slower-than-expected rollout of technologies to capture and permanently store carbon from fossil fuel and bioenergy combustion,” said study co-author Robbie Andrew of the Centre for International Climate and Environmental Research (CICERO). “Most scenarios suggest the need for thousands of facilities with carbon capture and storage by 2030, and this compares with the tens currently proposed.”
Thus far, high up-front costs have stymied development of commercial-scale CCS plants. If they don’t materialize, the world faces a harsh reality, suggests lead author Glen Peters of CICERO.
“If we don’t have CCS, then we will need to reduce use of fossil fuels much faster and in a much more disruptive way,” he said.
Study co-author Robert Jackson of Stanford University noted that CCS technology will prove even more crucial if President Donald Trump makes good on his pledge to revive the nation’s limping coal industry.
“There’s no way to reduce the carbon emissions associated with coal without carbon capture and storage,” Jackson said.
We may find out soon whether Trump will follow through on his pledge to remove the U.S. from the Paris climate deal when he issues an expected review of the U.S.’s involvement in multinational treaties. InsideEPA lays out mechanisms through which the administration could do so (subscription).
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.
In a Policy Forum article published in the journal Science, President Barack Obama says that the national policy trend toward a clean-energy economy is “irreversible” and that the trend will continue due to “the mounting economic and scientific evidence” of its value. The article points to the scientific case for actions on climate change, energy efficiency and emissions—the latest in a series of publications on different policy topics Obama has penned in academic journals, including the Harvard Law Review and the New England Journal of Medicine.
“The United States is showing that GHG [greenhouse gas] mitigation need not conflict with economic growth. Rather, it can boost efficiency, productivity, and innovation,” Obama writes in Science just days before President-Elect Donald Trump takes office Jan. 20. “Evidence is mounting that any economic strategy that ignores carbon pollution will impose tremendous costs to the global economy and will result in fewer jobs and less economic growth over the long term. Estimates of the economic damages from warming of 4°C over preindustrial levels range from 1 percent to 5 percent of global GDP each year by 2100.”
The article goes on to cover many of the environmental policies that Trump has said he may axe when he takes office, including the Paris Agreement, which aims to hold the global average temperature increase to “well below” 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit that increase to 1.5 degrees Celsius.
“Were the United States to step away from Paris, it would lose its seat at the table to hold other countries to their commitments, demand transparency, and encourage ambition,” Obama writes. “This does not mean the next administration needs to follow identical domestic policies to my administration’s. There are multiple paths and mechanisms by which this country can achieve—efficiently and economically—the targets we embraced in the Paris Agreement.”
Obama also discusses the struggles of the coal industry, offering that because the cost of new electricity generation using natural gas is projected to remain low relative to coal, “it is unlikely that utilities will change course and choose to build coal-fired power plants, which would be more expensive than natural gas plants, regardless of any near-term changes in federal policy.”
While it will take some time to evaluate which of Trump’s statements about environmental policy actually provide guiding points for how he will govern, The Hill takes a look at what Trump has promised to date on environment and how much might actually be accomplished on day one. At a press conference Wednesday, Trump said he planned to make a decision on his nominee for the Supreme Court within two weeks of taking office—a decision that would have implications for environmental policy.
Trump Transition: Tillerson Confirmation Hearing
The Senate confirmation hearing for Trump’s pick to lead the Department of State began early on Wednesday with conversation and questions about Russian relations. Nominated for the most senior U.S. diplomat position, one responsible for enacting the U.S. government’s foreign policy, the former Exxon Mobil Corp. CEO Rex Tillerson told senators that relations with Russia could be improved under his leadership despite concerns over his ties to Russia and its president, Vladimir Putin.
“We’re not likely to ever be friends,” Tillerson said, noting that the United States and Russia do not hold the same values. “With Russia, engagement is necessary in order to define what that relationship going to be. There is scope to define a different relationship that can bring down the temperature around the conflicts we have today.”
On the topic of climate change, Tillerson expressed that the “risk of climate change does exist and the consequences could be serious enough that action should be taken.” But he added, “Our ability to predict that effect is very limited,” and precisely what actions nations should take “seems to be the largest area of debate existing in the public discourse.”
Tillerson said he viewed the issue primarily as an engineering problem and that Trump has “invited my views on climate change. “He knows I am on the public record with my views. I look forward to providing those, if confirmed, to him and policies around how the United States should carry it out in these areas.”
What else was discussed? Tillerson clarified, and appeared to reconfirm, his support for a carbon tax, and made comments about the importance of maintaining a seat at the table on how to address climate change with international treaties.
EIA: United States Could Become Energy Exporter
The United States has not been a net exporter of energy since 1953, but it could regain that status by 2026. That’s the finding of the U.S. Energy Information Administration’s (EIA) Annual Energy Outlook 2017, which makes energy market projections through 2050 for scenarios with a high oil price, high and low oil and gas resource and technology, and high and low economic growth as well as for a scenario in which the Clean Power Plan is not implemented. In most of those projections, natural gas production increases.
“Natural gas production, we think, is actually going to go up quite a bit, with relatively low and stable prices, so that’s going to support higher levels of domestic consumption, especially in the electric power and industrial sectors, where we think there will be quite a bit of natural gas use,” said EIA Administrator Adam Sieminski.
He noted that technology advances are helping reduce the cost for both fossil fuel production and renewables.
“EIA’s projections show how advances in technology are driving oil and natural gas production, renewables penetration, and demand-side efficiencies and reshaping the energy future,” he said.
Across the scenarios in the report, projections for energy consumption are more consistent than those for production, whose growth is dependent on technology, resource, and market conditions. The EIA finds that although zero-carbon renewables are expected to grow faster than any other energy source over the next three decades, their increase is not likely to significantly help the United States reduce greenhouse gas emissions to meet its obligations under the Paris Climate Agreement (subscription). Instead, energy-related carbon emissions will nearly flatline, falling from an annual rate of 1.4 percent between 2005 and 2016 to 0.2 percent between 2016 and 2040. That’s because carbon reductions from electricity plants’ switch from coal to natural gas and renewables will be offset by emissions from a growing chemical industry.
The fate of the Clean Power Plan will affect energy-related carbon emissions, according to the report (subscription), though not as much as greater use of renewables and natural gas. If the plan is rescinded or overturned, annual emissions would slightly increase to 5.4 billion metric tons through 2040. If the plan is implemented, those emissions would drop to 5 billion metric tons. The scenario without the Clean Power Plan has the highest greenhouse gas emissions, but such a scenario does not include a replacement for the Clean Power Plan, which the Clean Air Act currently appears to require. However, other avenues under the Clean Air Act may be used to pursue greenhouse gas emissions reductions.
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.
Last month, a 24-state coalition led by Texas and West Virginia state attorneys general—leading litigators in the fight against the Clean Power Plan—penned a letter to President-Elect Donald Trump asking him to issue an order to stop working to enforce the rule to reduce emissions from existing power plants. More recently, officials from states and several cities have sent a letter countering this earlier advice, and instead urged Trump to preserve the rule and continue defending it in court.
The Clean Power Plan is presently stayed while a 10-judge panel reviews a legal challenge. A decision from the D.C. Circuit Court of Appeals’ rare “en banc” review is expected this year.
“We advocate that you reject misguided advice that the Clean Power Plan be discarded; advice that, if followed, would assuredly lead to more litigation,” the latest letter reads. “Instead, we urge you to support the defense of this critically-important rule and the implementation of its carefully constructed strategies to reduce emissions from the nation’s largest sources.”
If politics or litigation forces the U.S. Environmental Protection Agency (EPA) to use other authorities under the Clean Air Act to regulate greenhouse gas emissions, a new working paper by Duke University’s Nicholas Institute for Environmental Policy Solutions and the University of North Carolina’s Center for Climate, Energy, Environment, and Energy says the EPA might consider using the National Ambient Air Quality Standards (NAAQS) program.
“The language of the Clean Air Act gives the EPA a lot of flexibility to enact a program for greenhouse gases,” said Christina Reichert, a Nicholas Institute policy counsel who co-authored the paper.
The paper examines the opportunities and challenges associated with regulation of greenhouse gases under the NAAQS program, drawing a comparison with the Clean Power Plan’s approach under a different section of the Clean Air Act. Though a program under NAAQS wouldn’t mirror the Clean Power Plan, it could support many of its key provisions, including trading-ready plans. Although use of the NAAQS program would present challenges—such as permitting small sources—it is feasible, say the paper authors.
Climate Policy and Trump
In December, the Electoral College confirmed the presidency of Donald Trump. With just weeks before his inauguration, ClimateWire took a look back at the Paris Agreement, the Clean Power Plan, and other highlights of climate policy in 2016, and other media outlets contemplated what 2017 holds.
Mongabay’s Mike Gaworecki lays out eight issues to watch, including whether the Trump administration will withdraw from the Paris Climate Agreement. And Nicholas Institute, Harvard, and University of North Carolina researchers outlined six key areas of federal policy and, for each area, identified the issues Trump must address that will shape the future of the electricity sector. This month, we’re awaiting Senate hearings for some of Trump’s environmental picks—Scott Pruitt (presently slated to lead the EPA) and Rex Tillerson (tapped as secretary of state).
Study: Flood Risk Pattern Changing with Warming Climate
According to research published in the journal Geophysical Research Letters, the threat of flooding in the northern half of the United States is growing as the Earth warms.
Using stream gauge data and satellite images, two University of Iowa scientists found that this pattern is likely due to shifting rainfall patterns and the amount of water in the ground. The study’s 2,042 stream gauge readings between 1985 and 2015 showed a measurable increase in the number of flood events in the north over the last 30 years.
“It’s almost like a separation where generally flood risk is increasing in the upper half of the U.S. and decreasing in the lower half,” said study co-author Gabriele Villarini in reference to the finding that satellite data showed groundwater increasing in the north and decreasing in the Southwest and western U.S., regions that are experiencing prolonged droughts. “It’s not a uniform pattern, and we want to understand why we see this difference.”
Although the authors have yet to identify the reasons that some areas are getting more, or less, rainfall than others, they believe that rains may be redistributed as regional climate changes.
The researchers hope that their findings could change communication of changing flood patterns, which typically have been described in terms of stream flow, or the amount of water flowing per unit of time.
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.
What was scheduled to be about 3.5 hours turned into nearly seven on Tuesday as 10 judges heard oral arguments in a rare “en banc” review of the Clean Power Plan in the U.S. Court of Appeals for the District of Columbia Circuit.
The controversial Clean Power Plan, based on Section 111(d) of the Clean Air Act, was first proposed in June 2014 to limit greenhouse gas emissions from the existing fleet of fossil fuel-fired power plants. In setting those limits, the rule considers the ability to shift power generation to cleaner sources. Its supporters argue that the act gives the U.S. Environmental Protection Agency (EPA) the authority to regulate greenhouse gas emissions from power plants in this way. Its challengers allege the rule amounts to executive overreach because the EPA is effectively forcing owners and operators of coal plants to invest in their competitors—cleaner natural gas or renewable energy. They also contend that the rule undercuts the reliability of the electric grid by forcing coal-fired power plants offline. Moreover, opponents argue that EPA cannot regulate power plants under Section 111(d) in the first place because EPA already limits emissions like mercury under Section 112 of the act. Until these challenges are resolved, the Supreme Court has delayed implementation of the rule.
I was at the Tuesday hearing and wrote about some early takeaways for Bloomberg Government. From my seat in the courtroom, they included:
- It’s now clear that the EPA possesses the authority to regulate greenhouse gases as a pollutant under the Clean Air Act. The question now is whether the methods used by the EPA were permitted under the act. As Judge Tatel noted, the Supreme Court “did that work” in Massachusetts v. EPA.
- The case is caught up in a larger judicial discussion about how much deference to grant the executive branch. As Congress increasingly fails to legislate on major political issues of our day, the executive branch has been looking to existing statutes for the authority to address problems. But the courts are debating whether to provide the traditional broad deference to agencies as they pursue these initiatives, or whether “major” political issues require more scrutiny. EPA’s Clean Power Plan evoked this debate, and as a result may create more precedent that will guide future presidents on the extent of their power.
- The court repeatedly reflected on the Supreme Court’s AEP v. Connecticut ruling, which established that the EPA had the authority to regulate existing power plants and thereby forbade Connecticut from suing those plant owners directly. Any victory for the petitioners in this case will need to explain why that recognition of authority in AEP v. Connecticut does not presume that the EPA possesses the authority underlying the Clean Power Plan.
- Several jurists expressed concern that industry was arguing that the EPA could not consider the shifting of generation to cleaner sources in setting the standard, but nonetheless wanted that low cost option as a means of complying with the rule. Can the industry have its cake and eat it, too?
- The judges’ proficiency in understanding the electric grid was impressive, clearly aided by legal briefs from grid operators. What was not as clear, however, is whether this proficiency had convinced them that managing the generation sources across that system constituted the “best system of emissions reduction” under the act.
Although it is difficult to guess a case’s outcome from any oral argument, all in all the government came through it with clear indications of support from three or four judges. At least four other judges, however, either did not speak or evaluated the case in such a Socratic manner that their positions were more mysterious. With six votes needed for a win, supporters of the rule will be holding their breath until the opinion appears. Overall, the final word on the Clean Power Plan may not come until 2018 or later.
Presidential Debate Highlights Stark Contrasts on Climate Change, Energy Policy
Climate change and energy policy were touched on in the first debate between the 2016 Democratic and Republican presidential nominees on Monday. Early on, Hillary Clinton, former secretary of state, accused businessman and opponent Donald Trump of dismissing climate change as a hoax created by China to harm American competitiveness—a point Trump denied.
“Donald thinks that climate change is a hoax, perpetrated by the Chinese,” said Clinton, implicitly referring to a tweet in which Trump claimed that global warming “was created by the Chinese” to benefit their manufacturing sector. “I think it’s real. And I think it’s important that we grip this and deal with it, both at home and abroad.”
Politifact reports that although Trump indicated the 2012 tweet was a joke, he has a record of using the word “hoax” to describe climate change, especially on Twitter. CNN reported that in September 2015 Trump told its reporters that “I am not a believer in climate change” and that he refuted climate change’s role in the rise in extreme weather phenomena.
On energy, Trump said he favors all forms of energy, but he noted that coal industry workers have been put out of work by cheap natural gas and federal environmental regulations. Clinton, on the other hand, suggested that clean energy could be an important job creator.
“We can deploy a half a billion more solar panels,” she said. “We can have enough clean energy to power every home. We can build a new modern electric grid. That’s a lot of jobs. That’s a lot of new economic activity.”
Trump responded with an implicit reference to the 2011 bankruptcy of the federally backed solar company Solyndra.
“She talks about solar panels,” replied Trump. “We invested in a solar company, our country. That was a disaster. They lost plenty of money on that one. … Now, look, I’m a great believer in all forms of energy, but we’re putting a lot of people out of work. Our energy policies are a disaster.”
Fortune reports that Department of Energy figures show that the loan program that funded Solyndra has created thousands of jobs and that taxpayers have profited from that program because the vast majority of its other loans went to successful projects and companies.
Climate Change and National Security
Climate change will have significant effects on national security, according to a new report by the Office of the Director of National Intelligence. It says these threats are wide-ranging—including adverse effects on food prices and availability, country stability, increased risk to human health, and heightened social and political tensions—and that these threats could affect the United States and other countries over the next 20 years.
“We’re already beginning to see the devastating effects of weather-related disasters, drought, famine, and damaged infrastructure on communities around the world,” Secretary of State John Kerry said in a statement. “Add to that an increased risk of conflict over water and land, and the large-scale displacement due to rising sea levels, and it’s not hard to see why the Pentagon has deemed climate change a ‘threat-multiplier,’ exacerbating the pressures and challenges far too many countries are already facing.”
The release of the report comes as the White House announced a new policy framework requiring federal agencies to take the impacts of climate change into account when making national security-related policies and plans. It directs several federal agencies to work together to include climate change in their national security planning—providing a timeline of 90 days to create an action plan and 150 days to create a plan to implement it.
By 2030, half of the energy produced in the state of New York will come from renewables, according to a new policy adopted Monday by the state’s public service commission. The move is expected to reduce greenhouse gas emissions by 40 percent from 1990 levels (80 percent by 2050) and to attract billions in clean energy investment.
“New York has taken bold action to become a national leader in the clean energy economy and is taking concrete, cost-effective steps today to safeguard this state’s environment for decades to come,” said New York Gov. Andrew Cuomo. “This Clean Energy Standard shows you can generate the power necessary for supporting the modern economy while combatting climate change. Make no mistake, this is a very real threat that continues to grow by the day and I urge all other states to join us in this fight for our very future.”
The plan calls for New York to retain its nuclear reactors—though The Washington Post reports that those facilities don’t count as part of the 50 percent renewables target. According to New York regulators, doing so might cost $965 million over two years but could lead to net benefits of $4 billion due to avoided carbon dioxide emissions and air pollution. While supporters of this provision applaud New York’s effort to retain its emissions-free nuclear generation, opponents are likely to challenge the nuclear subsidies on the grounds they are discriminatory, hurt markets, and intrude on federal authority.
New York is not the first state to announce an ambitious greenhouse gas reduction target. In April 2015, California announced it planned to cut those emissions by 40 percent below 1990 levels in the same time frame with renewables increases. Like California, New York plans to phase in its renewables increase; 31 percent of its energy is to come from renewables by 2021 and 50 percent by 2030. Those targets are meant to give utilities and clean energy companies time to develop their business models.
White House to Federal Agencies: Consider Climate Change Impacts
In an action with broad implications for thousands of projects, including energy and mineral development on public lands, natural gas import and export facilities, and transportation projects, the Obama administration issued final guidance on how federal agencies should consider greenhouse gas emissions and climate change impacts when conducting reviews under the National Environmental Policy Act (NEPA) (subscription).
“Focused and effective consideration of climate change in NEPA reviews will allow agencies to improve the quality of their decisions,” the guidance states. “Identifying important interactions between a changing climate and the environmental impacts from a proposed action can help Federal agencies and other decision makers identify practicable opportunities to reduce greenhouse gas emissions, improve environmental outcomes, and contribute to safeguarding communities and their infrastructure against the effects of extreme weather events and other climate-related impacts.”
The guidance, the product of a six-year effort by the White House Council on Environmental Quality, advises agencies to quantify projected greenhouse gas emissions of proposed federal actions whenever the necessary methodologies and data are available. It also encourages them to draw on their experience and expertise to determine the appropriate level and extent of quantitative or qualitative analysis required to comply with NEPA and to consider alternatives that would increase the climate-change resilience of the action and affected communities.
“From the public standpoint, we are now going to know what all of our decisions add up to in terms of impacting climate change,” said Christy Goldfuss, managing director of the Council on Environmental Quality. “You can think of all the different federal decisions, and how they all add up. We have numbers where we can actually say, ‘this is a huge decision, given the amount of greenhouse gases coming out of it.’ And that gives the public a chance to really weigh in on decision-making.”
Several media outlets pointed out that because the White House guidance is not a regulation, agencies are not legally bound to follow it.
Clean Power Plan Analysis: National Costs Low, State Costs Varied
Wednesday marked one year since the U.S. Environmental Protection Agency formally rolled out the Clean Power Plan, which aims to reduce carbon emissions from power plants. Even with the February stay by the U.S. Supreme Court, which halted implementation of the plan pending resolution of legal challenges, some say the plan is having an impact while others are finding more reason to explore the legality of the rule (subscription).
Should the rule survive judicial review, a new paper by the Nicholas Institute for Environmental Policy Solutions uses the Nicholas Institute’s Dynamic Integrated Economy/Energy/Emissions Model to evaluate Clean Power Plan impacts on the U.S. generation mix, emissions, and industry costs. It indicates that industry trends are likely to make Clean Power Plan compliance relatively inexpensive, with cost increases of 0.1 to 1.0 percent. But policy costs can vary across states, which might lead to a patchwork of policies that, although in their own best interests, could impose additional costs nationally.
“The answer is not the same for everyone in terms of what’s going to be the least-cost way for a particular state to approach this policy,” said lead author and Nicholas Institute Senior Economist Martin Ross. “Nationally, it would make the most sense to have a broadly coordinated policy where you can take advantage of the usual economic [tools] to spread the cost reductions around and pick up the most cost-effective sources for reducing emissions.”
Similar findings were presented at a conference of the National Association of Regulatory Utility Commissioners. Because of lower-than-expected natural gas prices, renewable power, and extended federal tax credits for that power, the country as a whole is set to meet the Clean Power Plan’s early goals, reports ClimateWire.
Just weeks before the U.S. Court of Appeals for the D.C. Circuit was scheduled to hear challenges to the U.S. Environmental Protection Agency’s (EPA) Clean Power Plan, a rule intended to limit greenhouse gas emissions from the existing fleet of fossil fuel-fired power plants, the court announced it will push the hearing back four months and hear the case before the entire court.
Originally planned for June 2 before a three-judge panel, the hearing was postponed to Sept. 27 and will now take place in front of a full bench. The rare “en banc” review is allowed by procedural rules when the case involves a question of exceptional importance. According to The Washington Post, the decision to pursue such a review appears to be on the court’s own initiative. The move to skip the customary three-panel review, as was the case in 2001’s U.S. v. Microsoft, is almost unheard of and could signal that the judges feel the issues of the case are so significant that they all must weigh in.
“The court has anticipated, obviously, the significance of whatever the panel would say and the related likelihood that it would end up en banc. They’ve basically truncated that process,” Richard Lazarus, a Harvard Law School professor, told Bloomberg BNA.
The order follows an announcement by the D.C. Circuit last year that it would hear the Clean Power Plan on an expedited schedule and a stay on implementation of the plan in February by the U.S. Supreme Court while the lower court determines its legality.
Even so, some indicate the change may actually speed up the final resolution of the case.
“It definitely shortens the time period for this to get to the Supreme Court,” said Dorsey & Whitney Attorney James Rubin (subscription). “This does show that there is recognition for the need to move this forward. It’ll speed things up to some extent.”
EPA Targets Oil and Gas Industry Methane Emissions
The EPA has taken the first-ever steps under the Clean Air Act to regulate oil and gas industry emissions of methane, announcing a new rule aimed at new or modified oil and natural gas wells. The EPA said the regulations, which the EPA proposed last year, would lower methane emissions by 510,000 short tons—the equivalent of 11 million metric tons of carbon dioxide—in 2025, the year by which the Obama administration’s goal is to reduce the sector’s methane emissions by at least 40 percent compared with 2012 levels.
The rules will require energy companies to provide pollution information to the EPA so it can regulate methane emissions from existing oil and gas wells.
To begin regulating methane leaks from existing oil and gas wells, the EPA is requiring energy companies to notify the agency about their emissions and leak-stopping technology. The information request is expected to be finalized later this year and data collection from the industry, early next year.
According to the EPA, pound for pound, the impact of methane on climate change is “more than 25 times greater than carbon dioxide over a 100-year period.”
Climate Negotiators Meet in Germany to Make Implementation Plan for Paris Agreement
Climate negotiators met in Bonn, Germany, for the first official meeting of the United Nations Framework Convention on Climate Change since the Paris Agreement last year.
A note to Bonn participants stresses the importance of shifting from negotiation to implementation of the landmark agreement—whereby more than 190 countries pledged to hold the global average temperature increase to “well below” 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit that increase to 1.5 degrees Celsius. More than 175 countries have signed the agreement.
The challenge ahead, writes French Environment Minister Segolene Royal and Morocco’s Foreign Prime Minister Salaheddine Mezouar, the previous Paris COP21 president and incoming COP22 president, is to “operationalize the Paris agreement: to turn intended nationally determined contributions into public policies and investment plans for mitigation and adaptation and to deliver on our promises.”
The two-week meeting is expected to produce an agenda for the ad-hoc working group tasked with implementing the Paris Agreement.
Addressing delegates at the start of the meeting, retiring U.N. climate director Christiana Figueres said “The whole world is united in its commitment to the global goals embodied in the Paris Agreement. Now we must design the details of the path to the safe, prosperous and climate-neutral future to which we all aspire.”
Last week more than 150 nations signed the Paris Agreement, pledging to hold the increase in the global average temperature to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 degrees Celsius. Now, the first comprehensive analysis of the impacts of that half centigrade difference has been published in the journal Earth System Dynamics. The scientists found the additional 0.5 degrees Celsius would lead to longer heatwaves—“the difference between events at the upper limit of present-day natural variability and a new climate regime”—as well as more severe droughts and, in the tropics, decreased crop yield and the potential demise of all coral reefs. The extra 0.5 degrees Celsius could also mean that global sea levels rise 10 centimeters more by 2100.
“We found significant differences for all the impacts we considered,” says the study’s lead author Carl Schleussner, a scientific advisor at Climate Analytics in Germany.
The researchers analyzed climate models used in the Intergovernmental Panel on Climate Change Fifth Assessment Report, which focused on the projected regional impacts of 1.5 degrees Celsius and 2 degrees Celsius of warming, and considered 11 indicators, including extreme weather events, water availability, crop yields, coral reef degradation and sea-level rise.
They found that projected climate impacts at a 2 degrees Celsius increase are significantly more severe than at a 1.5 degrees Celsius increase in some regions. In the Mediterranean, for example, fresh-water availability by 2100 would be some 10 percent lower in a 1.5 degrees Celsius world and 17 percent lower in a 2 degrees Celsius world. In Central America and West Africa, the half-degree difference could reduce maize and wheat yields by twice as much. Tropical regions would bear the brunt of the impacts of an additional half degree of warming, experiencing heat waves at about twice the global rate. Those events could last up to three months at 2 degrees Celsius, compared with two months at 1.5 degrees Celsius, the researchers say.
Tropical coral reefs are particularly sensitive to the half degree increase. By 2100, some reefs might adapt to 1.5 degrees Celsius of warming, but the larger increase would put nearly all of them at risk of severe degradation from coral bleaching.
EPA Moves Forward with Clean Energy Incentives Program
The U.S. Environmental Protection Agency (EPA) has sent a proposal on the Clean Energy Incentive Program (CEIP), an optional program included in the Clean Power Plan that rewards states for early investment in certain renewable energy or energy efficiency projects in 2020 and 2021, to the Office of Management and Budget for review. The move is the final step before the CEIP can be formally proposed to the public (subscription).
The EPA released details on the draft CEIP as part of the final Clean Power Plan—the Obama administration’s rule to limit greenhouse gas emissions from the existing fleet of fossil fuel-fired power plants—in August. But, earlier this year, the Supreme Court issued a stay of the Clean Power Plan.
“Many states and tribes have indicated that they plan to move forward voluntarily to work to cut carbon pollution from power plants and have asked the agency to continue providing support and developing tools that may support those efforts, including the CEIP,” the EPA said. “Sending this proposal to OMB for review is a routine step and it is consistent with the Supreme Court stay of the Clean Power Plan.”
Pleasant Weather Affecting Americans’ View of Climate Change
A new study in the journal Nature finds that 80 percent of Americans live in counties where the weather is more pleasant than four decades ago. This mild temperature trend, the study says, is increasingly preferred, lessening many Americans’ concern about climate change.
“Rising temperatures are ominous symptoms of global climate change, but Americans are experiencing them at times of the year when warmer days are welcomed,” said study co-author Patrick J. Egan, an associate professor at New York University’s Wilf Family Department of Politics. He adds that “whereas weather patterns in recent decades have served as a poor source of motivation for Americans to demand a policy response to climate change, public concern may rise once people’s everyday experiences of climate change effects start to become less pleasant.”
Conducted by New York and Duke universities, the study examined each county in every U.S. state from 1974 to 2013—assessing the mildness of winters, rainfall averages, and humidity and heat intensity during summer months. It found that 99 percent of Americans live in places where the average January temperature increased.
“Here in the U.S., when we’re experiencing ice storms, the idea of a 1.5 or 2 degree rise might sound like good news,” said Megan Mullin, associate professor of environmental politics at Duke University. As a result, she said, scientists need to reconsider their messages.
Scientists at the National Snow and Ice Data Center (NSIDC) said on Monday that Arctic sea ice cover of 5.607 million square miles on March 24 represented the lowest winter maximum since records began in 1979. That’s 5,000 square miles less than last year’s record low. Contributing to the ice extent loss were record high air temperatures and relatively warm seawater.
“It is likely that we’re going to keep seeing smaller wintertime maximums in the future because in addition to a warmer atmosphere, the ocean has also warmed up,” said Walt Meier, a sea ice scientist at NASA’s Goddard Space Flight Center. “That warmer ocean will not let the ice edge expand as far south as it used to. Although the maximum reach of the sea ice can vary a lot each year depending on winter weather conditions, we’re seeing a significant downward trend, and that’s ultimately related to the warming atmosphere and oceans.”
After this winter’s record ice lows, scientists expect the Arctic could be ice-free in the summer months in the next few decades.
“Sometime in the 2030s or 2040s time frame, at least for a few days, you won’t have ice out there in the dead of summer,” said John Walsh, chief scientist of the International Arctic Research Centre. “The balance is shifting to the point where we are not going back to the old regime of the 1980s and 1990s. Every year has had less ice cover than any summer since 2007. That is nine years in a row that you would call unprecedented. When that happens you have to start thinking that something is going on that is not letting the system go back to where it used to be.”
The effects of diminishing sea ice may not be limited to just the Arctic.
“The Arctic is in crisis,” said Ted Scambos, NSIDC lead scientist. “Year by year, it’s slipping into a new state, and it’s hard to see how that won’t have an effect on weather throughout the Northern Hemisphere.”
A new paper in the Journal of Climate linked the vanishing Arctic sea ice, along with other sea ice melting and global sea-level rise, to climate change. The authors, who used computer models and field measurements to explore whether Arctic sea ice loss has contributed to melting of the Greenland ice sheet, say that melting Arctic sea ice can block cold, dry Canadian air, increasing the flow of warm, moist air over Greenland and contributing to extreme heat events and surface ice melting. If the Greenland ice sheet completely melted, the paper says, the global sea level would rise about 20 to 23 feet.
U.S. Environmental Protection Agency Files Brief Defending Clean Power Plan
The D.C. Circuit is set to begin hearing oral arguments challenging the Clean Power Plan—the Obama administration’s rule to limit greenhouse gas emissions from the existing fleet of fossil fuel-fired power plants—in June. On Monday, the U.S. Environmental Protection Agency filed its defense of the Clean Power Plan, telling the court that the rule is well within the bounds of its authority (subscription). Dozens of states and industry groups last month called the rule a “breathtaking expansion” of the power Congress gave the EPA—with the Clean Air Act—to regulate greenhouse gas emissions.
“The rule reflects the eminently reasonable exercise of EPA’s recognized statutory authority,” the EPA brief says. “It will achieve cost-effective [carbon dioxide] reductions from an industry that has already demonstrated its ability to comply with robust pollution-control standards through the same measures and flexible approaches. The rule fulfills both the letter and spirit of Congress’s direction.”
Renewable Energy Investment Outpaced Other Technologies: Study
Investment in renewable energy generation last year was higher than in new coal- and gas-fired power plants, according to a new report from the Frankfurt School-United Nations Environment Programme collaborating Centre for Climate & Sustainable Energy Finance and Bloomberg New Energy Finance (BNEF). In fact, renewables added more to global energy generation capacity than all other technologies combined—though they still only account for 10 percent of global electricity production.
“Global investment in renewables capacity hit a new record in 2015, far outpacing that in fossil fuel generating capacity despite falling oil, gas, and coal prices,” said Michael Liebreich, chair of the BNEF advisory board. “It has broadened out to a wider and wider array of developing countries, helped by sharply reduced costs and by the benefits of local power production over reliance on imported commodities.”
All investment in renewables—which includes new renewable energy capacity as well as early-stage technology, research and development—totaled $286 billion in 2015. That’s roughly 3 percent higher than the previous record set back in 2011.
Countries contributing some of the most to these numbers included China, which in 2015 invested $102.9 billion (a 17 percent increase from 2014), representing 36 percent of the global investment total; Chile ($3.4 billion, a 151 percent increase), India ($10.2 billion, a 22 percent increase), Mexico ($4 billion, a 105 percent increase) and South Africa ($4.5 billion, a 329 percent increase).
Supreme Court Chief Justice John G. Roberts Jr. denied a request for a stay or injunction of the U.S. Environmental Protection Agency’s Mercury and Air Toxic Standards (MATS) rule—a rule that 20 states have claimed is “unlawful and beyond EPA’s statutory authority.” The ruling means MATS, which requires coal-burning power plants to install technologies to reduce emissions of toxic pollutants, remains in effect while the EPA continues its study of compliance costs.
The stay denial, issued solely by Chief Justice Roberts and without comment, follows a June Supreme Court decision in which five justices found that the EPA should have considered compliance costs when determining whether it was “appropriate and necessary” to regulate mercury emissions from the power sector. The June ruling did not strike down the regulation; rather, it required the EPA to take costs into consideration.
In a supplemental finding proposed in November, the EPA indicated that the costs of implementing MATS were reasonable. The EPA is expected to finalize its cost accounting, which seeks to address court concerns, in April.
“These practical and achievable standards cut harmful pollution from power plants, saving thousands of lives each year and preventing heart and asthma attacks,” said Melissa Harrison, EPA spokeswoman.
Melting of Greenland’s Ice Sheet Accelerating with Loss of Reflectivity
A study in European Geosciences Union journal The Cryosphere finds that the reflectivity, or “albedo,” of Greenland’s ice sheet could decrease by as much as 10 percent by the end of the century, potentially leading to significant sea-level rise (subscription). The study links the diminishing capacity of Greenland’s ice sheet to reflect solar radiation—so-called “darkening”—to positive feedback loops that quicken ice melt, allowing it to feed on itself.
Scientists have been aware of the feedback loops, lead author Marco Tedesco, a professor at Columbia University’s Lamont-Doherty Earth Observatory, told the Christian Science Monitor. “What’s new,” he said, “is the acceleration of the darkening, which started in 1996.”
The research used satellite photos dating back to 1981 plus a model to examine the impact of increases of both impurities in the ice, often visible to the human eye, and the size of grains in the snowpack, which is often invisible to the human eye and which makes snow “‘darker’—not dirtier, but more absorbent of energy from the sun,” said Tedesco. As snowpack melts and refreezes, meltwater binds grains together. The larger the grains, the less reflective the surface of the ice sheet and the faster the melting, which keeps speeding up as the remaining impurities become concentrated at the surface.
The study attributes the acceleration of darkening in 1996 to a change in atmospheric circulation. The North Atlantic Oscillation, a natural weather cycle, went into a phase that favored incoming solar radiation and warm, moist air from the south. Although those conditions shifted in 2013 to favor less melting, the sensitivity of the ice sheet to atmospheric air temperatures had already increased, and in 2015, melting spiked again, affecting more than half of the Greenland ice sheet.
The study rejected one prominent theory of Greenland’s darkening—namely, that worsening wildfires are releasing soot that is increasingly falling on Greenland. It finds “no statistically significant increase” in black carbon from fires in northern regions and an increase that is likely too small to matter from wildfires in temperate North America.
“Overall, what matters, it is the total amount of solar energy that the surface absorbs,” said Tedesco. “This is the real driver of melting.”
U.S. Makes First Green Climate Fund Payment
The United States has made the first payment to the United Nation’s Green Climate Fund (GCF). The $500 million payment is part of a broader $3 billion pledge to the GCF, which helps poor countries fight climate change and adopt clean energy technologies.
“With this announcement, which comes less than three months after the historic Paris climate agreement, the United States continues to demonstrate leadership in the international climate arena,” a State Department official told The Hill. “This grant is the first step toward meeting the president’s commitment of $3 billion to the GCF and shows that the United States stands squarely behind our international climate commitments.”
It has been more than a week since the U.S. Supreme Court issued a stay of the U.S. Environmental Protection Agency’s (EPA) Clean Power Plan, and states are now beginning to indicate how they will approach the resulting uncertainty the decision brings. Although the stay removes the September deadline to submit compliance plans to the EPA, several continue to move forward. A poll by ClimateWire indicates that 20 states are pressing on with discussions about how to meet carbon emissions limits for power plans, 18 have stopped planning and nine are weighing whether to stop or slow down planning (subscription).
“The stay is just that—it’s a stay—so we need to be mindful that a potential outcome could be that the courts uphold it,” said Glade Sowards, Utah Division of Air Quality’s Clean Power Plan coordinator. “We don’t want to be caught flat footed.”
In an event hosted by the Brookings Institution on the Clean Power Plan, Nicholas Institute for Environmental Policy Solutions’ Climate and Energy Program Director Jonas Monast also pointed out to attendees that what states are coping with now is bigger than just the Clean Power Plan.
“The Clean Power Plan created a forcing mechanism to bring utility regulators and air regulators and utilities and affected stakeholders to the table to really start engaging about what we want the future of the electricity sector to be,” Monast said. He noted that discussion of that future would not necessarily be organized around the Clean Power Plan.
Study: Frequency, Intensity of Heat Waves Will Increase Due to GHG Emissions
If anthropocentric greenhouse gas (GHG) emissions continue unabated, once-every-20-years extreme heat waves—lasting three or more days—could become annual events across 60 percent of Earth’s land surface by 2075, says a study published in the journal Climatic Change. But only 18 percent of land areas might experience such yearly events by the last quarter of the century if measures to cut GHG emissions are put in place, according to authors Claudia Tebaldi of the National Center for Atmospheric Research (NCAR) and Michael Wehner of the Lawrence Berkeley National Laboratory in research that looks to quantify the benefits of avoiding extreme heat events.
The Department of Energy-funded study also suggests that by 2050 extreme heat waves would be 5.4 degrees Fahrenheit hotter than they might be today for 60 percent of land areas and nine degrees hotter for another 10 percent, with serious health impacts, particularly for the young, the old, and the sick and in places with historically little temperature variability (subscription).
“The study shows that aggressive cuts in greenhouse gas emissions will translate into sizable benefits, starting in the middle of the century, for both the number and intensity of extreme heat events,” Tebaldi said. “Even though heat waves are on the rise, we still have time to avoid a large portion of the impacts.”
The study used an NCAR climate model to examine how the odds of today’s 20-year events—those with a 5 percent chance of occurring in any given year—would change in a business-as-usual scenario and in scenarios in which emissions were cut to keep warming below 2 degrees Celsius (4 degrees Fahrenheit) of pre-industrial levels.
“Even under more dramatic mitigation scenarios . . . future heat wave frequency and intensity increase very dramatically,” Wehner said. But “we do have a choice about how dangerous the future will be.”
January Continued String of Record-Warm Months
January became the ninth consecutive record-breaking month for heat according to data released by the National Aeronautics and Space Administration (NASA). That agency, the Japan Meteorological Agency, and the National Oceanic and Atmospheric Administration, which has been keeping weather records for 137 years, agree that the month’s highs were unprecedented, Bloomberg reported. If the rest of the year is as warm as January, 2016 could top the record set in 2015.
According to NASA, last month was 2.03 degrees Fahrenheit above normal. But some parts of the Arctic had temperatures averaging as high as 23 degrees Fahrenheit above normal for the month, leading the region’s sea ice to decrease to a new record low for January. It averaged only 5.2 million square miles for the month—90,000 square miles fewer than the previous record set in 2011, according to the National Snow and Ice Data Center. Preliminary data from February indicate that Arctic sea ice continues to set daily record lows.
January’s temperature increases reflect the combination of accelerating manmade global warming and a record strong El Niño.