The Nicholas Institute for Environmental Policy Solutions at Duke University

President Donald Trump announced in Detroit Wednesday that standards requiring automakers to nearly double the average fuel economy of new cars and trucks to 54.5 miles per gallon by 2025 will be reviewed. The U.S. Environmental Protection Agency (EPA) developed the standards as a single program alongside the Department of Transportation’s fuel economy rules, popularly known as Corporate Average Fuel Efficiency (CAFE) standards. They were put in place by the Obama administration not only to eliminate atmosphere-warming carbon dioxide but also to save a projected 12 billion barrels of oil.

Last year, the Obama administration speedily conducted a midterm review of whether the stricter 2022-2025 targets would be achievable. The review, which was required to be complete by 2018, found that the industry could easily meet the stricter standards.

“Today I am announcing we are going to cancel that executive action,” said Trump. “We are going to restore the originally scheduled midterm review and we are going to ensure any regulations we have protect and defend your jobs, your factories. We’re going to be fair.”

Environmental Protection Agency (EPA) Administrator Scott Pruitt added that the standards “are costly for automakers and the American people,” noting that the EPA will work with the Department of Transportation “to take a fresh look to determine if this approach is realistic.”

Rolling back the standards will take more than a year of legal and regulatory reviews by the EPA and the Department of Transportation, The New York Times reports.

Trump did not take steps Wednesday to revoke a waiver that allows California and a dozen other states to enforce emissions standards more stringent than those of the EPA, Reuters reports. If those regulations remain intact, automakers will still be compelled to produce more fuel-efficient cars regardless of any changes at the federal level.

Pruitt: Let Congress Figure Out If the EPA Should Regulate Carbon Dioxide

In the same CNBC interview in which he doubted the contribution of carbon dioxide to global warming, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt said Congress, not his own agency, should decide whether the EPA has the power to regulate greenhouse gases.

“Nowhere in the equation has Congress spoken,” said Pruitt. “The legislative branch has not addressed this issue at all. It’s a very fundamental question to say, ‘Are the tools in the toolbox available to the EPA to address this issue of CO2, as the court had recognized in 2007, with it being a pollutant?’”

The comment appeared to be a reference to Massachusetts v. EPA, in which the Supreme Court found that carbon dioxide is an air pollutant under the federal Clean Air Act. That ruling prompted the EPA to promulgate the first-ever greenhouse gas regulations for motor vehicles.

Taking a legislative approach, reports  ClimateWire, would get around a protracted rulemaking process and legal challenges that might beset efforts to rewrite federal regulations addressing climate change (subscription). Congress could instead simply change the definition of an air pollutant to exclude carbon dioxide and other greenhouse gases, putting into question a range of federal regulations from the Clean Power Plan to fuel economy standards.

That’s the intent of the Stopping EPA Overreach Act, which the U.S. House of Representatives introduced last week. H.R. 637 would amend the Clean Air Act so that the term ‘air pollutant’ does not include carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.

The proposal would nullify the EPA’s regulation of carbon pollution, stating that “no federal agency has the authority to regulate greenhouse gases under current law” and “no attempt to regulate greenhouse gases should be undertaken without further Congressional action.”

The bill would also repeal the Clean Power Plan and a rule setting methane emission standards for oil and gas operations. If it were to become law, legal recourse would be unlikely because the Clean Air Act would be explicitly rewritten.

This week, 17 Republicans re-introduced a resolution acknowledging the problem of global warming.

Trump Unveils $1.1 Trillion Budget; Signs Another Executive Order

President Donald Trump unveiled his 2018 discretionary spending budget proposal Thursday, one that reduces many federal agency budgets. The largest cut of 31 percent is to the U.S. Environmental Protection Agency (EPA). The move will result in the loss of 3,200 positions, or more than 20 percent of the EPA’s workforce, and terminates more than 50 EPA programs. It defunds the Clean Power Plan, which sets limits on carbon dioxide from existing fossil-fuel-fired power plants, and the Energy Star Program, which identifies and promotes energy efficiency in products.

“You can’t drain the swamp and leave all the people in it. So, I guess the first place that comes to mind will be the Environmental Protection Agency,” said Mick Mulvaney, director of the White House Office of Management and Budget. “The president wants a smaller EPA. He thinks they overreach, and the budget reflects that.”

The budget is only an outline, as Congress has the authority to set government spending levels and appropriate money.

Stating that he couldn’t “in good conscience be supportive” of the Trump administration’s major cuts to the EPA budget, Mustafa Ali stepped down as head of the EPA’s environmental justice office, which he helped found in 1992 to alleviate the impact of air, water and industrial pollution on poverty-stricken areas.

In a lengthy letter, Ali urged EPA Administrator Scott Pruitt not to kill the agency’s programs as Pruitt prepares to dismantle many in response to the Trump administration’s 2018 budget blueprint.
Setting the stage for the historic downsizing of federal agencies and the federal workforce in the budget proposal was an executive order signed Monday that requires government agencies to make themselves lean. The new White House review effort, the Comprehensive Plan for Reorganizing the Executive Branch, could identify additional areas for cuts within the EPA and the Department of Energy and Department of the Interior.

“Today there is duplication and redundancy everywhere,” said Trump. “This order requires a thorough examination of every executive department and agency to see where money is being wasted, how services can be improved and whether programs are truly serving American citizens.”

The order directs Mulvaney to “propose a plan to reorganize governmental functions and eliminate unnecessary agencies … components of agencies and agency programs,” according to the White House. Agency heads have 180 days to submit a reorganization plan.

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.

The Nicholas Institute for Environmental Policy Solutions at Duke University

In his first address to Congress Tuesday night, President Donald Trump touted accomplishments since taking office in January—including withdrawing from the Trans-Pacific Partnership, ordering construction of the Keystone XL and Dakota Access pipelines and nominating conservative Judge Neil Gorsuch to the Supreme Court. Crime, immigration, trade and health care dominated the speech, with little focus on energy and climate issues.

What Trump did make clear is his direction on regulation and infrastructure. Trump’s comments on Tuesday, ClimateWire reports, reaffirmed his desire to help coal miners and the idea that his policies are based largely on rolling back environmental regulations. Reuters reports that according to an unnamed White House official, Trump could lift a federal coal mining ban and an initiative forcing states to cut carbon emissions, in an executive order as soon as next week.

“We have undertaken an historic effort to massively reduce job-crushing regulations, creating a deregulation task force inside of every government agency,” Trump said. “And we’re imposing a new rule which mandates that for every one new regulation, two old regulations must be eliminated. We’re going to stop the regulations that threaten the future and livelihood of our great coal miners.”

Although Trump vowed “to promote clean air and clear water” in his speech to Congress, the same day he issued an executive order for reexamination of the Waters of the U.S. rule. Written by U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers and finalized in May 2015, the rule was meant to clarify the reach of federal regulators over wetlands and waterways under the Clean Water Act (subscription). The order directs the EPA and the Army Corps of Engineers to begin a formal rule review, the first step in what legal experts say is a lengthy process to rewrite or repeal the rule—a process that could take longer than one presidential term.

EPA Cuts Signaled in Trump’s Proposed Budget

President Donald Trump’s first budget proposal, sent to government agencies on Monday, would increase defense and security spending by $54 billion and strip roughly the same amount from non-defense programs, with some large cuts to come from the U.S. Environmental Agency (EPA).

If enacted, the proposal could slash as much as a quarter of the EPA budget, shrinking programs introduced by the Obama administration—for example, EPA regulations on the fossil fuel industry.

A source told CNN that the Clean Power Plan, which would reduce carbon emissions from fossil-fueled power plants, is facing potential elimination, along with other regulations to curb greenhouse gas emissions. They include 14 EPA partnership programs to reduce those emissions and Global Change Research, a program funded by several agencies, including the EPA, which reports humans’ impact on the planet.

Although the EPA is a perennial target for budget cuts for some conservatives in Congress, the purported cut, which would amount to about $2 billion from the EPA’s annual budget of about $8.1 billion, is not a certainty. Approximately half the EPA’s annual budget goes to popular state-level programs, like converting abandoned industrial sites into public facilities, and most of the EPA’s federal office spending goes to funding programs that are required by existing laws.

Just four days beforehand at the Conservative Political Action Conference in Washington, D.C., EPA administrator Scott Pruitt said those who want to eliminate the department are “justified” in their beliefs.

“I think it’s justified,” said Pruitt. “I think people across this country look at the EPA much like they look at the IRS. I hope to be able to change that.”

Pruitt, who fought two cases that led to courts freezing the Clean Power Plan and the Waters of the U.S. rule, also told conference attendees that he would “restore federalism” by giving states a greater say in air and water protection and ensure that “regulations are reined in.” He demurred on the issue of the EPA’s cross-state pollution work, but said the EPA “can’t just make it up” when it decides rules to address climate change, adding that it is “hard to measure with precision” the impact of human activity on the changing climate.

California Acts to Keep Its Environmental Standards

Last Thursday, lawmakers in California introduced three bills—the “Preserve California” package—that made it clear that they want to continue the state’s stringent environmental and climate change policies. The attempt to insulate the state from potential rollbacks in federal environmental regulations and public health protections could set up a battle with the Trump administration and Congress.

“We’re not going to let this administration or any other undermine our progress,” said California Senate Leader Kevin de Leon. “Washington may choose to double down on dirty energy, but California will not follow.”

One of the three bills, SB49, would make current federal clean air, clean water, endangered species and workers’ safety standards enforceable under state law, even if the Trump administration weakens federal standards. With respect to air standards, it would require local air districts to comply with federal rules for new stationary pollution sources in place as of January 1, 2016, or January 1, 2017, “whichever is more stringent.”

California has been relying on federal waivers from the Clean Air Act to set its own, stricter, clean air standards, but the U.S. Environmental Protection Agency could theoretically rescind those waivers or refuse to renew them.

SB50 establishes a new state policy to discourage transfers of federal lands to private developers for resource extraction and directs the State Lands Commission, which oversees many of the federal lands in California, to give the state right of first refusal of any federal lands proposed for transfers to other parties. The state would review any transactions involving federal lands in California to ensure those lands are protected, by state action if necessary.

SB51 would extend whistle-blower protections to federal lawyers, engineers and scientists who are working in California and would direct state environmental and public health agencies to preserve data, even if federal authorities order it to be censored or destroyed.

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.

Pruitt Confirmed to Head EPA

On February 23, 2017, in Uncategorized, by timprofeta

The Nicholas Institute for Environmental Policy Solutions at Duke University

Friday, in a 52-46 vote, the Senate confirmed Scott Pruitt, Oklahoma attorney general to head the U.S. Environmental Protection Agency (EPA). Pruitt was sworn in that evening.

As Oklahoma’s attorney general, Pruitt filed 14 lawsuits challenging EPA regulations, including limits on carbon emissions from fossil fuel-fired power plants. Many of the cases are pending in the courts, creating “serious conflicts of interest,” said Delaware Senator Tom Carver the day before the vote. On Tuesday, Oklahoma asked the U.S. Court of Appeals for the District of Columbia Circuit to replace Pruitt in the Clean Power Plan lawsuit with the state’s new attorney general.

In his first speech to EPA staff on Tuesday, Pruitt said, “I believe that we as an agency, and we as a nation, can be both pro-energy and jobs, and pro-environment. We don’t have to choose between the two.”

He steered clear of specifics about the Trump administration’s energy policies, instead hinting at some agency reforms, saying that the agency has a responsibility to “avoid abuses that occur sometimes” in rulemaking, and he stressed the importance of following the “rule of law” and in partnering with states.

“I seek to ensure that we engender the trust of those at the state level,” he said (subscription).

Those comments echoed Pruitt’s first interview as EPA administrator, in which he told the Wall Street Journal that he intends to restore power to states, that environmental laws were not meant to be a “one-size-fits-all model,” and that “the state departments of environmental quality have an enormous role to play” as well as suggested that the public has trust issues with the EPA’s procedure for producing studies and cost-benefit analyses.

“The citizens just don’t trust that EPA is honest with these numbers,” he said. “Let’s get real, objective data, not just do modeling. Let’s vigorously publish and peer-review science. Let’s do honest cost-benefit work. We need to restore the trust.”

During the interview, Pruitt appeared to contradict his confirmation hearing testimony by questioning EPA’s authority to regulate greenhouse gases, saying that “the courts have seriously called into question the legality” of both the Clean Power Plan and the Waters of the United States Rule, which clarifies the EPA’s regulatory authority under the Clean Water Act. Both rules may be targets of future executive actions. Although the order may not cancel the Clean Power Plan outright, it would mark the first step in weakening the Obama-era climate rule.

The Supreme Court ruled in Massachusetts vs. EPA that the EPA possesses authority to regulate greenhouse gases as air pollutants under the Clean Air Act—an authority that the House Energy and Commerce Committee’s panel on the environment is looking to roll back (subscription).

Senate Democrats had sought to delay Pruitt’s Senate confirmation vote, saying lawmakers could afford to wait a few days to learn more about Pruitt’s ties to the oil and gas industry, a reference to an Oklahoma judge’s ruling, that required Pruitt to hand over nearly 3,000 e-mails related to his communications with the industry, the subject of a public records lawsuit. The Center for Media and Democracy published those e-mails yesterday, two years after Pruitt initially refused to release them. The e-mails share close ties to the oil and gas industry. AP detailed a few of the ways in which those e-mails show how Pruitt and his staff coordinated their legal strategy with oil and gas industry executives and advocacy groups funded by those profiting from fossil fuels to fight federal efforts to curb carbon emissions.

Study Examines Spill Risk of Hydraulically Fractured Wells

A new analysis led by the Nicholas Institute for Environmental Policy Solutions, which appeared Tuesday in the journal Environmental Science & Technology, concludes that making states spill data more uniform and accessible could provide stakeholders with important information on where to target efforts for locating and preventing future spills at hydraulically fractured oil and gas wells.

“… Reporting requirements differ across states, requiring considerable effort to make the data usable for analysis,” said Lauren Patterson, policy associate at the Nicholas Institute and the study’s lead author. “Given the rapid recent development of unconventional oil and gas development, data are scarce on both how often spills happen, where in the process they occur, and what caused them.”

“The presence of a spill,” she added, “does not mean an adverse impact; many spills were small or contained. The data on containment and potential impacts varied between states and over time, making it difficult to do more than report on the number of spills.”

It identifies 6,648 spills reported across Colorado, New Mexico, North Dakota and Pennsylvania during a 10-year period (2005 and 2014). The work also shows that the range of requirements makes it impossible to compare states or come up with a comprehensive national picture. For example, Colorado and New Mexico require spills of more than 210 gallons to be reported to the state, whereas North Dakota calls for any spill of more than 42 gallons to be documented.

Making this state-level data more uniform could help regulators and industry reduce future spills.

“Analyses like this one are so important, to define and mitigate risk to water supplies and human health,” said Kate Konschnik, co-author on the paper from Harvard Law School’s Environmental Policy Initiative. “Writing state reporting rules with these factors in mind is critical, to ensure that the right data are available—and in an accessible format—for industry, states and the research community.”

Singapore Commits, States Consider Carbon Tax

A proposed carbon tax by a group of Republican lawmakers—the Climate Leadership Council—hasn’t made much headway with Congress since its introduction earlier this month, but others are starting to think about the concept.

State lawmakers in California are debating whether to extend the current cap-and-trade system beyond 2020, or replace it with a carbon tax—or cap and tax. Like the cap-and-trade system, this alternative strategy would place a cap on emissions that would decline each year, but it would also tax all emissions at the EPA-set social cost of carbon, or $50 per ton in 2030. And, ClimateWire reports, Washington state has proposed a $25-per-ton carbon tax to bolster the state budget. A second proposal to impose a $15-per-ton tax is also on that state’s legislative agenda (subscription).

Across the pond in Southeast Asia, Singapore announced plans to implement a S$10–$20 per ton carbon tax in 2019—committing to reducing emissions 36 percent compared with 2005 levels by 2030.

“The most economically efficient and fair way to reduce greenhouse gas emissions is to set a carbon tax, so that emitters will take the necessary actions,” said Singapore Finance Minister Heng Swee Keat. “Singapore is vulnerable to rises in sea level due to climate change. Together with the international community, we have to play our part to protect our living environment.”

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.

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.

The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Using a rarely invoked Congressional Review Act, Congress has paved the way for President Donald Trump to roll back three Obama-era environmental regulations.

On Thursday, the Senate, in a 54-45 vote, gave final legislative approval to a measure repealing a new rule aimed at preventing the dumping of coal mining debris into nearby streams. When announcing the Stream Protection Rule in December, the Department of the Interior said that it would protect 6,000 miles of streams and 52,000 acres of forests.

On Friday, the House approved a Congressional Review Act resolution against the Bureau of Land Management’s methane venting and flaring rule. If approved by the Senate and signed by President Trump, the rule, which keeps companies from venting natural gas on public and tribal lands, would come off the books. In announcing the rule, which updated 30-year old regulations governing venting, flaring, and leaks of natural gas, the DOI said it would reduce the waste of public resources, cut methane emissions that contribute to climate change, and provide a fair return on public resources for taxpayers.

On the day Rex Tillerson was confirmed as Secretary of State, the House, with a strict party-line vote, killed a Securities and Exchange Commission transparency rule requiring companies to disclose mining- and drilling-related payments to foreign governments. When he was Exxon CEO, Tillerson had lobbied against the rule in part because it affected the company’s business dealings in Russia (subscription).

The Congressional Review Act 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 via subsequent legislation.

Trump has also 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. On Wednesday, a group of Republicans led by former Secretary of State James A. Baker III, with former Secretary of State George P. Shultz and Former Secretary of the Treasury Henry M. Paulson Jr., met to discuss the prospect of imposing a national carbon tax, rather than using federal regulations, to address climate change.

“I really don’t know the extent to which it is manmade, and I don’t think anybody can tell you with certainty that it’s all manmade,” said James Baker, one of the members of the newly formed Climate Leadership Council. However, “the risk is sufficiently strong that we need an insurance policy and this is a damn good insurance policy.”

The group meets with White House officials this week about the plan to raise the cost of fossil fuels to bring down consumption—suggesting a tax of $40 a ton that would increase steadily over time. Tax proceeds, they state, would be redistributed to consumers on a quarterly basis in what they call “carbon dividends” that could be approximately $2,000 annually for a family of four.

Sessions Confirmed; Pruitt and Zinke Still Waiting

Jeff Sessions, President Donald Trump’s nominee for attorney general who has served as a Senator from Alabama since 1997, was confirmed in a 52-47 vote Wednesday evening. He is expected to be sworn in today.

This week, Bloomberg BNA reported that the environment may not be a top priority for Sessions, who as a senator regularly voted against environmental protection legislation—for example, against a rule limiting emissions of mercury and other hazardous air pollutants from coal-fired power plants (in 2012) and a rule setting greenhouse gas standards for new and modified power plants (in 2015).

For Scott Pruitt, the path to consideration by the full Senate to lead the U.S. Environmental Protection Agency (EPA) is not without controversy. On Monday, nearly 450 former EPA employees urged Congress to reject his nomination.

“Our perspective is not partisan,” they wrote, noting that many of the 447 names on the letter had served as career employees under both Republican and Democratic administrations. “However, every EPA administrator has a fundamental obligation to act in the public’s interest based on current law and the best available science. Mr. Pruitt’s record raises serious questions about whose interests he has served to date and whether he agrees with the long-standing tenets of U.S. environmental law.”

As Pruitt awaits his Senate confirmation, a new bill—HR861—aims to get rid of the agency altogether. Introduced during the Committee on Science, Space, and Technology hearing “Make the EPA Great Again,” its details are sparse.

Ryan Zinke, Interior Secretary nominee, and Rick Perry, Energy Secretary nominee, were both approved by Senate committee vote last month but await consideration by the full Senate. According to Senator Jon Tester, that could be a bit.

“I think that right now, the priority was put on DeVos, and Price, and on Sessions and Mnuchin, and I think that’s where the majority wants to move,” said Tester. “They want to move on those four very controversial ones before they get to Perry and Zinke, and I think Perry and Zinke, neither one of those are near as controversial. I think that they’ll go through, it’s just a matter of getting them floor-time to send them through.”

New Study Affirms Nonexistence of Global Warming Slowdown Amid Furor Over Earlier Study

A study by the National Oceanic and Atmospheric Administration (NOAA) that in 2015 found no evidence of a warming slowdown over the last decade is under the microscope again. At the time, challenges by climate change doubters prompted a U.S. House of Representatives committee to subpoena the study authors’ e-mails—and the threat of subpoenas was raised again on Sunday by House Science, Space and Technology Committee Chairman Lamar Smith (R-Texas) who accused NOAA scientists of politically motivated fraud.

Citing statements critical of the 2015 NOAA study (sometimes referred to as the Karl study after lead author Tom Karl) by former National Climatic Data Center scientist John Bates that appeared in The Daily Mail, Smith said, “Dr. Bates’ revelations and NOAA’s obstruction certainly lend credence to what I’ve expected all along—that the Karl study used flawed data, was rushed to publication in an effort to support the president’s climate change agenda, and ignored NOAA’s own standards for scientific study.”

The truth, according to a new analysis of data from ocean buoys, robotic floats, and satellites published in the journal Sciences Advances, is that earlier suggestions of a warming slowdown are incorrect and were the result of measurement error—a confirmation of the NOAA study conclusion.

“Our results mean that essentially NOAA got it right, that they were not cooking the books,” said lead author Zeke Hausfather when the study was published in January.

In Carbon Brief, Hausfather said, “What he [Bates] fails to mention is that the new NOAA results have been validated by independent data from satellites, buoys and Argo floats and that many other independent groups, including Berkeley Earth and the UK’s Met Office Hadley Centre, get effectively the same results.”

Bates, in an interview with E&E News on Tuesday, clarified that his issue was with the publication process and not with the data underlying the NOAA research.

To determine whether the 2015 NOAA study findings were correct, Hausfather and his colleagues took an independent look at ocean temperatures. Rather than combine old ship measurements with data from new buoys, as NOAA had done, they created temperature records from individual data sources. They found that—no matter the source, whether satellites, robotic floats, or buoys—the warming ocean trends matched those found in the NOAA study. The conclusion? Oceans have warmed consistently over the previous 50 years, at about 0.12 degrees Celsius per decade.

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.

The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

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.

The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Shortly after Donald Trump’s inauguration as 45th president of the United States, a revamped White House website announced the new administration’s intention.” That same day, Reuters reported that all references to climate change had been removed from the WhiteHouse.gov site, and the Wall Street Journal’s Amy Harder tweeted that the URL to the climate change page had gone dead.

On Tuesday, the Trump administration instructed the U.S. Environmental Protection Agency (EPA) to remove its website’s climate change page, which contains links to climate research and detailed data on emissions. The news was reported to Reuters by staffers who asked not to be named because they were not authorized to speak to the media. One of them said some employees were scrambling to save some of the information on the website (subscription).

“If the website goes dark, years of work we have done on climate change will disappear,” an EPA staffer told Reuters.

Yahoo News reported that, late last year, scientists had begun backing up the climate data publicly available on government websites in fear that the data might disappear under Trump, who has called climate change a “hoax.”

But on Wednesday, the Trump administration walked back its directive.

“We’ve been told to stand down,” an EPA employee told E&E News, which reported that administration officials may have been prompted to change course because of the backlash that erupted over its previous instructions. The instructions didn’t go over well with agency employees, said the unnamed EPA staffer, adding that the information is “world class” data. “And it’s true.”

And at a press briefing Wednesday afternoon, President Trump’s press secretary Sean Spicer commented on reports this week that the White House had curtailed social media use at the EPA, the Interior Department and the Energy Department.

“They haven’t been directed by us to do anything,” Spicer said of the restrictions. “From what I understand,” he added, staffers “have been told within their agencies to adhere to their own policies, but that directive did not come from here.”

Executive Actions Reflect About Face on Climate Change Action

On Tuesday, President Donald Trump acted on campaign promises to remove hurdles to domestic energy development by signing an executive action to advance the Keystone XL pipeline, which would run from Canada to Nebraska, linking existing pipelines to carry oil to refineries in the Gulf of Mexico, and a memorandum calling for an expedited review and approval of the Dakota Access pipeline. Both were projects that the Obama administration blocked due in part to environmental concerns, including their influence on greenhouse gas emissions that cause climate change. Trump said both pipelines would be subject to renegotiation and that the materials for them must be sourced from the U.S.

The impact of the orders is likely to be felt first in North Dakota, where Energy Transfer Partners wants to install the final 1,100-foot section of the 1,172-mile pipeline that runs under Lake Oahe, a route that sparked protests after the Standing Rock Sioux Tribe raised concerns about potential spills and leaks. The pipeline would carry oil from North Dakota to refineries and pipeline networks in Illinois. The Keystone XL pipeline would also reach those refineries along its route.

Revival of the two pipeline projects (subscription) was Trump’s first action to make good on his America First Energy Plan, presented on a new WhiteHouse.gov web page that has replaced the Obama administration’s climate change web page.

The Climate Action Plan, introduced by Obama in June 2013, outlined plans for the U.S. to cut its carbon pollution, prepare for the effects of climate change, and lead international efforts to address global warming. The brief America First Energy Plan goes in another direction.

“For too long, we’ve been held back by burdensome regulations on our energy industry,” it reads. “Lifting these restrictions will greatly help American workers, increasing wages by more than $30 billion over the next 7 years.”

Trump’s plan encourages the burning of coal and the use of shale oil and gas. It does not reference solar, wind, or other sustainable energy sources but does offer up a commitment to “clean coal technology.” That term sometimes refers to plants outfitted with “scrubbers” or having the capacity to capture and store carbon emissions, which has reportedly not been demonstrated to work in a cost-effective way.

Trump Cabinet Nominees Acknowledge Some Influence of Humans on Climate Change

At Senate confirmation hearings, President Donald Trump’s picks to run some key federal agencies have said that the climate is changing and that human activity is a factor. The extent of human influence on climate change, they say, is up for study and debate, along with policies that might be needed.

The Washington Post reports that transition officials say that there has been no coordination to get these candidates—Ryan Zinke, Jeff Sessions, Scott Pruitt and Rex Tillerson—on message. “This is an accurate reflection of what they believe, and Cabinet nominees are encouraged to give their opinion on questions when they’re asked,” said one official, who spoke on the condition of anonymity.

In opening remarks at his Senate confirmation hearing last Thursday, Rick Perry, Trump’s Energy Secretary pick, acknowledged that his call for the Department of Energy’s elimination, made during his failed bid for the Republican presidential nomination in 2012, was in error.

“My past statements made over five years ago about abolishing the Department of Energy do not reflect my current thinking,” said Perry. “In fact, after being briefed on so many of the vital functions of the Department of Energy, I regret recommending its elimination.”

Like many of Trump’s other cabinet picks, he softened his earlier position on climate change.

“I believe the climate is changing. I believe some of it is naturally occurring, but some of it is also caused by man-made activity,” said Perry. “The question is how do we address it in a thoughtful way that doesn’t compromise economic growth, the affordability of energy or American jobs.”

At his confirmation hearing, Trump’s pick to lead the EPA, Scott Pruitt, indicated he would give the power to apply environmental rules back to states. However, he also stated that he would review a federal waiver under the Clean Air Act allowing California to set emissions standards for vehicles. The state mandates that 15 percent of new cars by 2025 have zero emissions—a standard that’s stricter than anywhere else in the country.

“That’s what would be evaluated, it’s very difficult, and we shouldn’t prejudge the outcome,” said Pruitt.

There are some hints that in this case giving the power back to states may not align with the new administration’s objectives. On Tuesday Trump told auto executives to increase U.S. production and boost American employment and said that he would cut regulations and taxes to make operating in the U.S. more attractive.

“We’re bringing manufacturing back to the United States big league, we’re reducing taxes very substantially and we’re reducing unnecessary regulations,” Trump said, calling himself an environmentalist, but indicating that environmental regulations are “out of control.”

Some states vowed not to let the new administration roll back environmental efforts. Gov. Jerry Brown stated Wednesday that “California is not turning back. Not now, not ever.”

Meanwhile, Trump’s pick for Secretary of State, former Exxon Mobil CEO Rex Tillerson, won approval in a 11–10 vote along party lines from the Senate Foreign Relations Committee. His nomination now moves to the full Senate, where he needs the support of 51 members for confirmation. That final vote could come as early as next week.

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.

The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

As the nation prepares for the inauguration of its 45th president, environment-focused hearings for some of President-Elect Donald Trump’s cabinet nominees continue. They include hearings for Scott Pruitt, nominee to head the U.S. Environmental Protection Agency (EPA) and former Oklahoma attorney general, as well as Ryan Zinke, nominee for secretary of the interior and a former Navy Seal. Rick Perry, nominee for energy secretary and former governor of Texas, will have a hearing today.

The picks appear to follow Trump’s campaign promises to roll back EPA regulations and increase drilling on public lands. At his Tuesday hearing, Zinke said he would consider expansion of energy drilling and mining on federal lands but would ensure sensitive areas remain protected. A new Reuters/Ipsos poll suggests many Americans want the opposite. More than 60 percent of Americans would like to see the EPA’s powers preserved or strengthened and the drilling of oil on public lands to hold steady or drop.

Here is what Pruitt and Zinke had to say on top environmental topics:

On climate change:

Zinke: “First of all, the climate is changing, that’s undisputable,” Zinke said at his hearing, adding that he and his wife had seen evidence of glaciers retreating during a visit to Glacier National Park in Montana. “The second thing is man has had an influence. I think that’s undisputable as well. So, climate is changing, man is an influence. I think where there’s debate on it is what that influence is and what can we do about it.”

Pruitt: “Science tells us that the climate is changing and that human activity in some manner impacts that change. The ability to measure with precision the degree and extent of that impact and what to do about it are subject to continuing debate and dialogue, and well it should be … I do not believe climate change is a hoax.”

On energy:

Pruitt: “First, we must reject the false paradigm that if you are pro-energy, you are anti-environment and if you are pro-environment, you are anti-energy. I utterly reject the narrative.”

He said he would support the U.S. renewable fuels program, which requires biofuels like ethanol to be blended into gasoline, but said the program needed some tweaks.

Zinke: “The war on coal, I believe, is real. All-of-the-above is the correct (energy) policy. Coal is a great part of that energy mix. I’m also a great believer that we should invest in research and development on coal—because we know we have the asset—to make it cleaner and better. We should lead the world in clean energy technology.”

On environmental regulation:

Pruitt: “Environmental regulations should not occur in an economic vacuum. We can simultaneously pursue the mutual goals of environmental protection and economic growth,” he said, adding that he would seek to give states more authority to regulate their own environmental issues.

Zinke: “The president-elect has said we want to be energy independent. I can guarantee you it is better to produce energy domestically under reasonable regulation, than watch it be produced overseas with no regulation.”

Reports: Climate Change A Risk; Responsible for Record Warming

The issue of climate change is not one to ignore, according to recent reports on global risks by the World Economic Forum (WEF) and global temperature by the National Oceanic and Atmospheric Administration (NOAA), NASA and the U.K.’s Met Office.

In the WEF’s annual report, which is based on an assessment of 30 global risks by 750 experts from business, academia and non-governmental organizations, climate change was labeled the third major global trend. Failing to adapt to or mitigate climate change and a host of other climate-connected risks, including water and food crises and involuntary migration, also rank in the top 10.
In its annual State of the Climate report, NOAA found that global temperatures are the highest since scientists started tracking them in 1880. NASA and the U.K.’s Met Office came to the same conclusion.

“The NOAA and NASA are two keepers of the world’s temperature data and independently produce a record of Earth’s surface temperatures, as well as changes based on historical observations over ocean and land,” NOAA officials said in a statement. “Consistency between the two independent analyses, as well as analyses produced by other countries, increases confidence in the accuracy of such data, the assessment of the data and resulting conclusions.” 

The NOAA report suggests that the average temperature in 2016 was 2.9 degrees Fahrenheit above the 20th-century average, making it the second-warmest year on record. Temperature increases in 2016 had links to El Niño, which waned in the spring, as well as human-caused global warming, which has been leading to an array of climate shifts in the U.S.

“A single warm year is something of a curiosity,” said Deke Arndt, chief of global climate monitoring for NOAA. “It’s really the trend, and the fact that we’re punching at the ceiling every year now, that is the real indicator that we’re undergoing big changes.”

National Academy of Sciences Recommends Social Cost of Carbon Makeover

A December memo prepared by Trump’s energy transition head Thomas Pyle suggested that the social cost of carbon—the U.S. government’s best estimate of how much society gains over the long term by cutting each ton of carbon dioxide emissions—will likely be a target for lowering. The estimate factors into justifications for various environmental policies, such as regulation of power plant emissions, and it has helped shape 79 regulations since 2010. A report released last week by the National Academies of Sciences, Engineering, and Medicine details a new framework to arrive at that estimate, one aimed at strengthening the estimate’s scientific basis and transparency.

“I think the report has laid out an important blueprint for how to update the most important number that you’ve never heard of,” said University of Chicago economist Michael Greenstone, who served as a reviewer. “Social and economic understanding of climate change has advanced greatly in the last six years, since the original social cost of carbon was released, and the report identifies important ways to take advantage of those improvements in our understanding.”

The report recommends that the federal government use a framework in which each step of the social cost of carbon calculation is developed as one of four separate but integrated “modules”: the socioeconomic module; the climate module, which translates emissions changes into temperature changes; the damages module, which estimates the net impact of temperature changes in dollar terms; and the discounting module. Instead of using a fixed discount rate—the exact rate to use is highly contentious—the discounting module would incorporate the relationship between economic growth and discounting for calculating discount rates, thereby accounting for uncertainty about them over long timeframes.

The recommendation to “unbundle” the mix of models currently used would make transparent the assumptions and uncertainties in each step of the calculation and, according to Myles R. Allen, one the report’s authors, clarify where data ends and choices begin.

“There are obviously political decisions which need to be made in any calculation like the social cost of carbon,” said Allen. “On the other hand, the way the climate system responds to greenhouse gas emission levels is not really up for political discussion.”

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.

Fate of the Clean Power Plan Remains Uncertain

On January 5, 2017, in Uncategorized, by timprofeta
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

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).

Ahead of his senate confirmation hearing on Jan. 11, Rex Tillerson cashed out of his Exxon Mobil CEO post.

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.

Donald Trump Meets with Al Gore

On December 8, 2016, in Uncategorized, by timprofeta
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Just a few weeks after U.S. President-Elect Donald Trump, a critic of climate change science, told New York Times journalists he had an “open mind” on climate change, he and his daughter Ivanka met with former vice president and climate advocate Al Gore.

“I had a lengthy and very productive session with the president-elect,” said Gore of Trump. “It was a sincere search for areas of common ground. I had a meeting beforehand with Ivanka Trump. The bulk of the time was with the president-elect, Donald Trump. I found it an extremely interesting conversation, and to be continued.”

Though Trump and Gore’s topic of discussion wasn’t directly referenced in his statement, it is speculated that climate change was on the list. The Washington Post reports that an aide to Gore, who spoke on the condition of anonymity, said the former vice president “made clear in his statements following the election that he intended to do everything he could to work with the president-elect to ensure our nation remains a leader in the effort to address the climate crisis.”

Regarding the meeting with Ivanka, however, Gore was more forthcoming.

“It’s no secret that Ivanka Trump is very committed to having a climate policy that makes sense for our country and for our world,” Gore said. “And that was certainly evident in the conversation that I had with her before the conversation with the President-elect.”

Trump’s EPA: Leader Tapped

U.S. President-Elect Donald Trump has tapped Oklahoma Attorney General Scott Pruitt to replace current U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy. The nomination seems to follow with Trump’s campaign promises to rollback EPA regulations.

“For too long, the Environmental Protection Agency has spent taxpayer dollars on an out-of-control anti-energy agenda that has destroyed millions of jobs, while also undermining our incredible farmers and many other businesses and industries at every turn,” said Trump in a statement. “As my EPA Administrator, Scott Pruitt, the highly respected Attorney General from the state of Oklahoma, will reverse this trend and restore the EPA’s essential mission of keeping our air and our water clean and safe.”

Pruitt, whose biography indicates he is a “leading advocate against the EPA’s activist agenda,” offered that he intends to run the EPA in a way that “fosters both responsible protection of the environment and freedom for American businesses.”

Pruitt was one of two rumored candidates for this post who have called for significant rollbacks in regulations. He has sued the EPA over its regulations to reduce greenhouse gas emissions from power plants under the Clean Air Act. In an interview with Reuters in September, Pruitt said that he sees the Clean Power Plan as a form of federal “coercion and commandeering” of energy policy and that his state should have “sovereignty to make decisions for its own markets.”

Warming Could Dramatically Increase Soil Carbon Losses 

A study published last week in the journal Nature documents how carbon loss in soil worsens climate change. The 25-year study finds that as the planet warms, the respiration of microorganisms in soils increases, releasing greenhouse gases such as carbon dioxide and methane. The scientists’ compilation of 49 empirical studies of soil carbon emissions from plots around the world revealed that climate change will lead to the loss of at least 55 trillion kilograms of carbon from the soil by mid-century.

“It’s of the same order of magnitude as having an extra U.S. on the planet,” said Thomas Crowther, a co-author with the Netherlands Institute of Ecology.

The study found that carbon losses will be greatest in colder places at high latitudes and altitudes—places that have massive carbon stocks but that have largely been missing from previous research.

The researchers note that their global mid-century total for soil carbon emissions is a gross figure, not the net after uptake by above-ground plants.

Correction: In last week’s story about an Arctic Council report on climate and other changes in the Arctic, we should have said that temperatures in the region had reached 9–12 degrees Celsius (16–22 degrees Fahrenheit) above seasonal averages.

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.