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.
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.
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.”
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.
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.
Editor’s Note: The Climate Post will not circulate Thursday, December 29, in honor of the New Year’s Holiday. It will return January 5.
Invoking the so-called 12(a) provision of the 1953 Outer Continental Shelf Lands Act, President Obama announced a permanent ban on offshore oil and gas drilling in more than 100 million acres of the Atlantic and Arctic. The ban affects oil and gas drilling in the Chukchi Sea and most of the Beaufort Sea off Alaska as well as in a stretch of the Atlantic Ocean from New England to Virginia. The announcement was made in conjunction with one by Canadian Prime Minister Justin Trudeau, who also put a freeze on leasing, agreeing to make Canada’s Arctic waters free of drilling—a policy subject to review every five years.
“These actions, and Canada’s parallel actions, protect a sensitive and unique ecosystem that is unlike any other region on earth,” Obama said. “They reflect the scientific assessment that, even with the high safety standards that both our countries have put in place, the risks of an oil spill in this region are significant and our ability to clean up from a spill in the region’s harsh conditions is limited. By contrast, it would take decades to fully develop the production infrastructure necessary for any large-scale oil and gas leasing production in the region—at a time when we need to continue to move decisively away from fossil fuels.”
He cited the region’s low contribution to U.S. energy as a reason for the ban.
“In 2015, just 0.1 percent of U.S. federal offshore crude production came from the Arctic and Department of Interior analysis shows that, at current oil prices, significant production in the Arctic will not occur,” Obama said.
Politico reports that Section 12(a) of the Outer Continental Shelf Lands Act includes no language that allows future presidents to undo the withdrawal of offshore areas from future leasing but fossil fuel advocates will likely argue that sufficient precedent exists for Trump to reverse the ban.
EPA Releases Drafts of Model Rules for Clean Power Plan
The U.S. Environmental Protection Agency (EPA) on Monday withdrew its draft proposed model rules for the Clean Power Plan from interagency review. The rules were an optional template for state implementation plans, designed to make it easier for states and power plants to use emissions trading to meet the Clean Power Plan carbon reduction goals.
“While these drafts are not final and we are not required to release them at this time, making them available now allows us to share our work to date and to respond to the states that have requested information prior to the end of the Administration,” said Janet McCabe, acting assistant administrator for the EPA’s Office of Air and Radiation in a blog post. “We believe that the work we have done so far may be useful at this time to the states, stakeholders and members of the public who are considering or are already implementing policies and programs that would cut carbon pollution from the power sector.”
The drafts, released in response to multiple requests from states, describe how states might use a mass- or rate-based emissions scheme under the Clean Power Plan. They will not be published in the Federal Register, and they carry no legal authority.
The Clean Power Plan is presently stayed while a ten-judge panel reviews a legal challenge. A decision from the D.C. Circuit Court of Appeals’ rare “en banc” review is expected next year.
Report: Human-Caused Climate Change Intensified Some Extreme Weather Events in 2015
A report published by the American Meteorological Society links man-made climate change to 24 extreme weather events in 2015. The events include wildfires in Alaska, heavy rains in China, and droughts in Ethiopia. According to the report, which examined 30 events, climate change worsened 10 of last year’s deadly heat waves, three of which killed thousands of people in Egypt, India, and Pakistan.
“Without exception, all the heat-related events studied … were found to have been made more intense or likely due to human-induced climate change,” said the report compiled by 116 scientists from 18 countries using calculations based on observed data, computer simulations, and climate physics.
The study reflects an emerging area of climate research—one based on scientists’ prediction that climate change would affect the severity and frequency of extreme weather events and one that seeks to identify the likelihood that any given event was influenced by climate change.
“We do this for the same reasons we’ve always tried to understand our weather,” said Stephanie Herring, a scientist at the National Oceanic and Atmospheric Administration and lead editor of the new report. “We know if we can better understand why these events are happening, we can better predict and prepare for them in the future.”
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.
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.
Climate-change-related environmental, ecological, and social changes in the Arctic are accelerating and are more extreme than ever recorded, undermining the sustainability of current ways of life in the region and potentially destabilizing climate and ecosystems around the world, according to a five-year report released last week by the Arctic Council, an intergovernmental organization formed to protect the region.
“Arctic social and biophysical systems are deeply intertwined with our planet’s social and biophysical systems, so rapid, dramatic and unexpected changes in this sensitive region are likely to be felt elsewhere,” the report states. “As we are often reminded, what happens in the Arctic doesn’t stay in the Arctic.”
The report noted that the Greenland Ice Sheet, which was thought to be resistant to climate change, is experiencing higher-than-expected thinning “over time scales of only years” due to warmer temperatures caused by climate change and that if it melts completely, global sea levels would rise an average of 7.4 meters.
The report outlines 19 “regime shifts” under way or on the horizon absent efforts to halt them. They range from sea-ice-free summers to ocean circulation changes and collapse of some Arctic fisheries.
“The warning signals are getting louder,” said Marcus Carson of the Stockholm Environment Institute and one of the co-authors of the report. “[These developments] also make the potential for triggering [tipping points] and feedback loops much larger.”
Trump Transition: EPA Prospects
Just days after stating his “open mind” to confronting climate change, president-elect Donald Trump was meeting with potential prospects to run the U.S. Environmental Protection Agency (EPA) that would align with his campaign promises to roll back agency regulations.
Two rumored EPA leaders who have called for a significant rollback in regulations—Oklahoma Attorney General Scott Pruitt and former Texas environmental regulator Kathleen Hartnett White—were scheduled to meet with Trump this week.
In an interview with McClatchy, White confirmed her consideration for the post, which she says she would take on with a new approach to address a “shifting environmental landscape.” White also shared details of her conversation with Trump.
“He wants the EPA to run more carefully, to use stronger science and be unabashedly conscientious to the effect of more and more rules on existing employment and job creation,” she said. “I have no desire to put words in his mouth. But as he is in other areas, he likes a good deal.”
Climate Change Conference in Marrakech Concludes
The United Nations Framework Convention on Climate Change (COP22), which brought nearly 200 countries together to hammer out the details of last year’s Paris Agreement, concluded last month. What exactly came out of the two-week conference?
- A timeline for implementing 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. Countries participating in COP22 decided to complete detail setting for the agreement by 2018 and to review progress in 2017.
- The Marrakech Action Proclamation. The one-page document reaffirms countries’ commitments to the Paris Agreement’s goals following the election of Donald Trump as the next U.S. president. On the campaign trail, Trump stated intentions to end U.S. involvement in the agreement.
- Forty-eight of the world’s poorest and most vulnerable countries pledged to turn in more ambitious targets to Paris before 2020 and to shift to 100 percent renewable energy use by 2050.
- An agreement to continue the discussion on climate finance. There’s still uncertainty surroundingthe pathway to mobilizing $100 billion in climate finance for developing countries by 2020, to establishing rules for reporting finance, and to scaling up adaptation finance.
- Nations also agreed on a five-year work-plan on “loss and damage” to address issues beyond climate adaptation like slow-onset impacts of climate change, non-economic losses and migration.
Businessman Donald Trump became the next U.S. president-elect early Wednesday after beating his opponent, former Secretary of State Hillary Clinton. Trump’s win could have great implications for the environment, as he’s promised a shift from the Obama administration’s energy and climate policies.
What could his presidency mean for energy policy? It may take some time to evaluate what part of President Trump’s statements remain in the realm of the campaign, and what provides the guiding points for how he will govern.
One thing seems clear—Trump has voiced plans to eliminate the U.S. Environmental Protection Agency’s Clean Power Plan. Based on Section 111(d) of the Clean Air Act, the Clean Power Plan was first proposed in June 2014 to put limits on greenhouse gas emissions from existing fossil fuel-fired power plants and was finalized in August 2015. In setting those limits, the rule considers states’ ability to shift power generation to cleaner sources.
Currently, the Clean Power Plan is being reviewed by the U.S. Court of Appeals in the D.C. Circuit as a result of a suit brought by 27 states and some corporate interests over whether the EPA properly exercised its authority under the Clean Air Act. The case is expected to go to the Supreme Court next year—where the next president’s pick for a vacant court seat could determine the rule’s fate.
Other commentators have noted that Trump could decide to stop defending the Clean Power Plan in court, take steps to rescind the rule, or seek Congressional support for blocking it.
But the Clean Power Plan is not the only environmental measure facing uncertainty. Trump has voiced his intention to repeal federal spending on renewable energy in favor of a more “fossil fuel-centric” energy policy. Nevertheless, Forbes reports, utility-scale solar and wind, which have grown consistently due to lower costs, will continue to thrive under Trump.
More dramatically, Trump’s campaign statements even called into question if and how much of the EPA remains. In previous speeches, like one delivered at a March GOP debate, Trump proposed dismantling the EPA and naming climate change skeptic, Myron Ebell of the Competitive Enterprise Institute to head the EPA transition team.
I’d “get rid of [the EPA] in almost every form,” Trump said. “We are going to have little tidbits left but we are going to take a tremendous amount out.”
His presidency could also have implications for 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.
But Trump has vowed to withdraw from the agreement, which officially came into force Nov. 4 and which global leaders are discussing this week in Marrakech, Morocco. Pulling out of the climate agreement would not require senate approval and could be done in a variety of ways. The effect could be substantial, according to analysis by Climate Interactive, because a large chunk—20 percent—of emissions cuts produced under the agreement come from the U.S., the world’s second largest emitter.
“If the U.S. pulls out of this, and is seen as going as a rogue nation on climate change, that will have implications for everything else on President Trump’s agenda when he wants to deal with foreign leaders,” said Alden Meyer of the Union of Concerned Scientists at the U.N.’s annual gathering in Marrakech.
Nations Grapple with Implementation of Paris Agreement; UN Says World Off Path to Meet Its Goal
A day before election results were finalized, the World Meteorological Organization (WMO) said that 2011–2015 was the hottest five-year period on record, evidencing an “increasingly visible human footprint.” The likelihood of many extreme events during the period was increased, according to the WMO, as a result of man-made climate change. The probability of some extreme high temperatures rose by a factor of 10 or more. The authors also said that 2016 will probably break the record for warmest year.
The report was released in Marrakech, Morocco, where nearly 200 nations are meeting at the 22nd Conference of the Parties (COP22), the annual United Nations (U.N.) climate conference, to begin hammering out details regarding how they are going to live up to their pledges to reduce emissions of carbon dioxide and other greenhouse gases under the Paris Agreement. Delegates’ goal: to come up with a work plan for the next two years, at the end of which they’ll assess progress on implementing the agreement’s measures.
COP22 comes on the heels of the unexpectedly quick entry into force of the agreement—and none too soon finds another report from the U.N. Environment Programme (UNEP) that suggests the pledges underpinning the agreement will put the world on course for a temperature rise of 2.9 to 3.4 degrees Celsius this century.
A scientific assessment of how countries’ actions and pledges tally with emissions trajectories consistent with the long-term goal of the United Nations Framework Convention on Climate Change, the report suggests that 2030 emissions will be 12 to 14 gigatons above levels needed to limit global warming to 2 degrees Celsius and 15 to 17 gigatons above levels needed to limit it to 1.5 degrees—even with follow through on Paris pledges.
“We are moving in the right direction: the Paris Agreement will slow climate change, as will the recent Kigali Amendment to reduce HFCs,” said UNEP Executive Director Erik Solheim. “They both show strong commitment, but it’s still not good enough if we are to stand a chance of avoiding serious climate change. If we don’t start taking additional action now, beginning with the upcoming climate meeting in Marrakesh, we will grieve over the avoidable human tragedy. The growing numbers of climate refugees hit by hunger, poverty, illness and conflict will be a constant reminder of our failure to deliver. The science shows that we need to move much faster.”
The report points to energy efficiency and action by non-state actors—the private sector, cities, regions, and other sub-nationals—as ripe for reducing the emissions gap.
EPA Finalizes Voluntary Carbon Trading Model for Clean Power Plan Compliance
Last week, the EPA forwarded a voluntary carbon trading model for Clean Power Plan compliance to the Office of Management and Budget for review. The model rules would allow states to comply with the federal carbon regulations for reducing emissions from power plants by participating in an optional emissions trading program. It would also earn states additional credit for early investments in alternative energy through a finalized Clean Energy Incentive Program.
A lot of states and electric utilities are interested in carbon trading, E&E News reported, because modeling suggests it is likely the simplest and least expensive way to meet Clean Power Plan goals (subscription).
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.
Surveys conducted by Yale University and George Mason University suggest that 17 percent of Americans view climate change as an alarming threat and that another 28 percent are concerned about climate change but view it as a distant threat.
The subject has become highly contentious since 1997, when then Vice President Gore helped broker an international treaty, the Kyoto Protocol, to reduce heat-trapping gases from the burning of coal, oil and gas. The U.S. later withdrew from the treaty.
“And at that moment the two parties began to divide,” said Anthony Leiserowitz, director of the Yale Program on Climate Change Communication, who was involved in the surveys. “They begin to split and go farther and farther and farther apart until we reach today’s environment where climate change is now one of the most polarized issues in America.”
Climate change will again be in the spotlight as a group of climate scientists gather in Switzerland to discuss a United Nation’s report expected to detail the impacts of 1.5 degrees Celsius of warming. In Paris last year, some 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. But there are scientific questions not only about the costs and benefits of keeping warming to 1.5 degrees Celsius, but also about how to remain on a 1.5 C pathway. The Huffington Post shows what the Paris Climate Agreement is up against in a series of charts.
What we do know is this decade is the critical decade for action.
“The risks of future climate change—to our economy, society and environment—are serious, and grow rapidly with each degree of further temperature rise,” the Australian government’s Climate Commission wrote in a report. “Minimising these risks requires rapid, deep and ongoing reductions to global greenhouse gas emissions. We must begin now if we are to decarbonize our economy and move to clean energy sources by 2050. This decade is the critical decade.”
And the Host City of the Summer 2084 Games Is . . .
A study published in The Lancet says that only three North American cities—San Francisco, Calgary, Vancouver—will have a climate sufficiently cool and stable to host the Summer Olympic games in 70 years. The authors, who considered only cities in the northern hemisphere, where 90 percent of the world’s population lives, and only those with a population greater than 600,000 in 2012, the lower limit of host cities since World War II, said that climate change would make most of the 645 cities unsafe venues due to rising temperatures and humidity caused by climate change.
“You could take a risk, and plan your Olympics, and maybe not get the hot days you expect, but that would be a big risk when there are many billions of dollars at stake,” said Kirk Smith, a researcher at the University of California–Berkeley’s School of Public Health and the lead author of the study.
To measure the suitability of future Olympics sites, the researchers used climate change projections and a “wetbulb” globe temperature—a measurement reflecting the combination of humidity, heat radiation, temperature, and wind. They picked 2085 as a target date and as their target event what they considered the Olympics’ most physically challenging outdoor endurance event: the marathon. They selected 82.5 degrees Fahrenheit as the “high-risk” temperature for marathoners.
“The findings indicate that by 2085, Istanbul, Madrid, Rome, Paris and Budapest—all cities that are or were in contention for either the 2020 or 2024 Summer Olympics—would be unfit to host the games,” the authors said. “Tokyo, the city that has secured the 2020 summer Olympiad, would also be too hot to ensure athlete safety, should these projections come to pass.”
Which cities would be viable hosts? None in Latin America or Africa, 25 in western Europe, 5 in eastern Europe and Asia, and 3 in North America.
“If the world’s most elite athletes need to be protected from climate change, what about the rest of us?” the study concludes.
One of the most startling implications of the research is that temperatures will be too high for laboring outdoors, where half the world’s population works.
Truck Emissions Limits Set
New emissions requirements affecting heavy- and medium-duty vehicles, which represent only about 5 percent of total highway traffic but account for 20 percent of transportation-related fuel consumption and carbon emissions, were announced this week. The requirements call for as much as a 25 percent reduction in carbon emissions and fuel consumption in certain models by 2027. It also requires annual increases in efficiency of 2.5% from 2021-2027 for heavy-duty pickup trucks and vans.
“The standards promote a new generation of cleaner, more fuel-efficient trucks by encouraging the development and employment of new and advanced cost-effective technologies through model year 2027,” said Gina McCarthy, administrator of the U.S. Environmental Protection Agency (EPA), which developed the new rules in conjunction with the National Highway Traffic Safety Administration. “These standards are ambitious and achievable, and they will help ensure the American trucking industry continues to drive our economy — and at the same time protect our planet.”
Official say the new requirements are expected to cut 1.1 billion metric tons of carbon emissions through the next decade and represent a global benchmark for reducing vehicle-exhaust pollutants linked to climate change.