EPA, DOT Reviewing Fuel Economy Standards

On August 17, 2017, in Uncategorized, by timprofeta

The Nicholas Institute for Environmental Policy Solutions at Duke University

In a Federal Register notice, the U.S. Environmental Protection Agency (EPA) and the Department of Transportation announced they were considering rewriting emissions standards for cars and light trucks made between 2022 and 2025.

The review covers vehicle model years 2022 to 2025. The EPA is also seeking comments on whether fuel standards for the 2021 model year “are appropriate.” The public comment period will be open for 45 days.

“We are moving forward with an open and robust review of emissions standards, consistent with the timeframe provided in our regulations,” said EPA Administrator Scott Pruitt. “We encourage the public to submit the best-available and most up-to-date information, so that we can get back on track with what the regulation actually requires of the agency. Finally, we are working with DOT to ensure that our standards are ultimately aligned.”

In 2009, automakers agreed to the Obama administration’s rules, which would bring the average fleetwide fuel economy to between 50 and 52.6 miles per gallon in 2025.

The National Highway Traffic Safety Administration (NHTSA), which sets fuel economy standards in parallel with the EPA, announced last month it was reconsidering its 2021 mandate as part of its scheduled rulemaking for model years 2022 to 2025.

The EPA has until April 1, 2018 to determine whether the 2022-2025 standards set by the previous administration are appropriate. NHTSA has until April 2020.

Climate Reports: Human Fingerprint Evident in Significant Disruption

At the poles, in the tropics, and beneath the ocean’s surface, the authors of a new report see symptoms of human-caused climate change.

The 27th annual assessment known as the State of the Climate found that last year Earth was hotter than at any time in 137 years of recordkeeping and that it experienced the most significant climate disruption in modern history. In the United States alone, 15 weather or climate-related disasters—drought, wildfire, four inland floods and eight severe storms—caused 138 deaths and $46 billion in damages.

The peer-reviewed report compiled by the National Oceanic and Atmospheric Administration Center for Weather and Climate from research conducted by scientists around the world found that a powerful El Niño magnified the effects of heat brought on by greenhouse gases. Particularly notable were record concentrations of carbon dioxide, which increased by the largest year-to-year increase in the six decades of measurement, surpassing 400 parts per million for the first time as an annual average (subscription).

That average far surpasses that of the last 800,000 years, during which concentrations have oscillated between 180 and 300 parts per million (subscription).

Other records included the highest sea levels and lowest sea ice in the Arctic and Antarctica and the highest average sea surface temperature.

Some other highlights of the report:

  • At any given time, nearly one-eighth of the world’s land mass was in severe drought.
  • Extreme weather such as downpours, heat waves, and wildfires struck across the globe.
  • The number of tropical cyclones was 13 percent more than normal.

A separate study published last week in Geophysical Research Letters and based on modeling and weather patterns shows the odds of three years in a row of record-setting heat with and without man-made global warming in model simulations. Without a human climate influence, there’s a less than 0.5 percent chance of that occurrence at any time since 2000. With such an influence, the odds increase to the 30–50 percent range.

Trump Issues Executive Order Targeting Infrastructure

President Donald Trump on Tuesday signed an executive order that will, in part, repeal a 2015 directive by former President Barack Obama establishing a federal policy to “improve the resilience of communities and federal assets against the impacts of flooding,” which are “anticipated to increase over time due to the effects of climate change and other threats.” Trump’s executive order was in favor of simplifying the approval process for federal infrastructure projects.

“Inefficiencies in current infrastructure project decisions, including management of environmental reviews and permit decisions or authorizations, have delayed infrastructure investments, increased project costs, and blocked the American people from enjoying improved infrastructure that would benefit our economy, society, and environment,” the order said. “More efficient and effective federal infrastructure decisions can transform our economy, so the federal government, as a whole, must change the way it processes environmental reviews and authorization decisions.”

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

A draft report on the science of climate change estimates that it is “extremely likely” that more than half of the rise in temperatures over the past four decades has been caused by human activity. This activity, it estimates, is responsible an increase in global temperatures of 1.1 to 1.3 degrees Fahrenheit from 1951 to 2010.

“Many lines of evidence demonstrate that human activities, especially emissions of greenhouse [heat trapping] gases, are primarily responsible for the observed climate changes,” notes the Climate Science Special Report, which was available on request during a public comment period earlier this year but which received little attention until it was reported on by The New York Times this week. “There are no alternative explanations, and no natural cycles are found in the observational record that can explain the observed changes in climate,” said the report.

Penned by scientists at 13 federal agencies this year, the draft report is a special science section of The National Climate Assessment, which is congressionally mandated every four years. The National Academy of Sciences has signed off on the draft report, and it now awaits permission from the Trump administration to officially release the document.

The draft report suggests that even if humans immediately stopped emitting greenhouse gases into the atmosphere, the world would warm at least an additional 0.50 degrees Fahrenheit (0.30 degrees Celsius) over this century compared with today. More greenhouse emissions will lead to higher temperatures.

The draft study follows reports by The Hill that staffers at a U.S. Department of Agriculture were told earlier this year to avoid the term “climate change” in communications and to use phrases like “weather extremes” instead.

“We won’t change the modeling, just how we talk about it,” Bianca Moebius-Clune, the Natural Resources Conservation Service’s director of soil health, wrote in an e-mail to staff.

On Tuesday, the National Oceanic and Atmospheric Administration reported that the United States experienced its second warmest year to date and 10th warmest July on record.

Court Extends Delay on Clean Power Plan; Vacates HFC Rule

In a 2–1 decision, the U.S. Court of Appeals for the District of Columbia Circuit found Tuesday that the U.S. Environmental Protection Agency (EPA) does not have the authority to enact an Obama-era rule ending the use of hydroflurocarbons (HFCs). The 2015 EPA rule banned 38 individual HFCs or HFC blends in four industrial sectors—aerosols, air conditioning for new cars, retail food refrigeration and foam blowing—under the Significant New Alternatives Policy (SNAP) program (subscription).

A lawsuit—Mexichem Fluor, Inc. v. EPA—challenged EPA’s use of SNAP, saying that HFCs do not deplete the ozone. On Tuesday, the court found that because HFCs are not ozone-depleting substances, the EPA could not use section 612 of the Clean Air Act to ban them.

“However much we might sympathize or agree with EPA’s policy objectives, EPA may act only within the boundaries of its statutory authority. Here, EPA exceeded that authority,” Judge Brett Kavanaugh wrote for the court. “Indeed, before 2015, EPA itself maintained that Section 612 did not grant authority to require replacement of non-ozone-depleting substances such as HFCs. EPA’s novel reading of Section 612 is inconsistent with the statute as written. Section 612 does not require (or give EPA authority to require) manufacturers to replace non-ozone depleting substances such as HFCs.”

Also on Tuesday, the U.S. Court of Appeals for the District of Columbia Circuit instituted a new 60-day abeyance of the long-running legal battle over the EPA’s Clean Power Plan, which would require reductions of carbon dioxide emissions from the power sector. The court order, which also directs the EPA to file status reports every 30 days, reminds the Trump administration of the 2009 endangerment finding, which means the EPA has an “affirmative statutory obligation to regulate greenhouse gases.”

In late April, the court granted an initial delay of the litigation as the White House considers how to replace it.

United States Formally Announces Intention to Withdraw from the Paris Agreement

Last week U.S. Secretary of State Rex Tillerson told U.S. diplomats to sidestep questions about conditions for the Trump administration to re-engage in the Paris Agreement, according to a diplomatic cable published yesterday by Reuters. But the communication leaves no doubt about President Trump’s intentions: “there are no plans to seek to re-negotiate or amend the text of the Paris Agreement.” Moreover, the August 4 cable instructs diplomats to let other countries know that the United States wants to help them use fossil fuels.

The cable was sent on the day that the United States formally announced its intention to withdraw from the Paris Agreement but said that it will continue to participate in international climate change negotiations during the three-year withdrawal process. The earliest date for the United States to completely withdraw from the agreement is November 4, 2020.

President Donald Trump “is open to re-engaging in the Paris Agreement if the United States can identify terms that are more favorable to it, its businesses, its workers, its people, and its taxpayers,” said the State Department memo, which noted the U.S. role in future climate talks.

“The United States will continue to participate in international climate change negotiations and meetings . . . to protect U.S. interests and ensure all future policy options remain open to the administration,” the State Department said. “Such participation will include ongoing negotiations related to guidance for implementing the Paris Agreement.”

A United Nations statement acknowledging receipt of the notice from the United States reiterated Secretary-General António Guterres’ disappointment in the decision.

“It is crucial that the United States remains a leader on climate and sustainable development. Climate change is impacting now,” said Guterres spokesman Stéphane Dujarric.

Signatories to the Paris Agreement vowed to keep the worldwide rise in temperatures “well below” two degrees Celsius (3.6 degrees Fahrenheit) from pre-industrial times and to “pursue efforts” to hold the increase under 1.5 degrees Celsius. The U.S. pledge, under former President Barack Obama, was a cut in U.S. greenhouse gas emissions of as much as 28 percent from 2005 levels by 2025.

Prior to release of the climate policy guidance cable, the Trump administration’s reiteration of plans to depart from the Paris climate deal had raised questions about what “re-engaging” in the deal meant and how U.S. participation in climate talks could play out (subscription). With regard to negotiations, the Trump administration could adopt an obstructionist role by pushing for measures to enable reduction of emissions-cut ambitions. Or it could play a constructivist role by advancing rules for transparency (the United States and China co-chair the working group writing those rules). Other areas in which the Trump administration could exert its influence include emissions reporting requirements, monitoring land-use change and developing market mechanisms.

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

On Monday, a U.S. Court of Appeals for the District of Columbia order directed the U.S. Environmental Protection Agency (EPA) to carry out an Obama-era rule that sets methane pollution limits for the oil and gas industry.

Nine of the 11 court judges issued the order upholding a July ruling that found that the Trump administration overstepped its authority under the Clean Air Act when it tried to delay the methane rule.

Implemented in 2016, the rule targets new and modified sources of methane emissions, a potent greenhouse gas with long-term global warming potential thought to be many times that of carbon dioxide. The rule was expected to reduce 510,000 short tons of methane in 2025, the equivalent of reducing 11 million metric tons of carbon dioxide.

After President Donald Trump asked the EPA to review the rule in a March executive order, EPA Administrator Scott Pruitt, in an April letter, stayed the deadline for oil and gas companies to follow the new rule by 90 days. Pruitt later sought to pause the methane rule two years to “look broadly” at regulations and review their impact.

Studies Find Earth Tilting Hard toward Warming Tipping Point

Hope that limiting climate change to less than 2 degrees Celsius (3.6 degrees Fahrenheit) above pre-industrial temperatures—the oft-cited threshold of “dangerous” warming—has been further diminished by recent studies published in the journal Nature Climate Change.

One study co-authored by Thorsten Mauritsen of the Max Planck Institute for Meteorology and Robert Pincus of the University of Colorado at Boulder suggests that human forces have heated the climate for longer than thought—since at least 1750—pushing the so-called “preindustrial” baseline for the planet’s warming backward and reducing the amount of carbon dioxide that we can emit to avoid 2 or more degrees Celsius of warming.

The Mauritsen and Pincus study analyzed past emissions of greenhouse gases and the burning of fossil fuels to show that even if that burning suddenly ceased, Earth would continue to heat up about two more degrees Celsius by 2100.

This view was similar to that of another study led by the University of Washington’s Adrian Raferty. That study calculates the statistical likelihood of various amounts of warming by the year 2100 given three trends that matter most for carbon emissions: global population, countries’ GDP (on a per capita basis), and carbon intensity (the volume of emissions for a given level of economic activity). The research puts median warming at 3.2 degrees Celsius and concludes that there’s a 5 percent chance that the world can hold warming below 2 degrees Celsius this century. The authors say there’s a 90 percent chance that temperatures will increase by 2.0 to 4.9 degrees Celsius.

Raferty’s team built a statistical model covering a range of emissions scenarios, finding that carbon intensity will be the most important factor in future warming despite the expectation that technological advances will cut that intensity by 90 percent this century.

“The big problem with scenarios is that you don’t know how likely they are, and whether they span the full range of possibilities or are just a few examples,” said Raferty. “Scientifically, this type of storytelling approach was not fully satisfying. Our analysis is compatible with previous estimates, but it finds that the most optimistic projections are unlikely to happen. We’re closer to the margin than we think.”

Construction Ends on Twin Nuclear Reactors

South Carolina utilities SCANA’s South Carolina Electric & Gas and Santee Cooper on Monday opted to end construction of the V.C. Summer Nuclear Station’s two reactors. The first reactor at V.C. Summer had been expected to go online in August 2019, with the second following a year later.

“The best-case scenario shows this project would be several years late and 75 percent more than originally planned,” Santee Cooper CEO Lonnie Carter said in a statement announcing the decision. “We simply cannot ask our customers to pay for a project that has become uneconomical. And even though suspending construction is the best option for them, we are disappointed that our contractor has failed to meet its obligations and put Santee Cooper and our customers in this situation.”

The move makes the future of the United States nuclear industry even more unclear. With just one nuclear plant under construction, as much as 90 percent of nuclear power could disappear over the next 30 years if existing units retire at 60 years of operation—the current maximum length of operating licenses.

In the southeast, where the V.C. Summer Nuclear Station reactors were located, it is unlikely that existing units can simultaneously be replaced with new plants given the long lead times and limited applications for new nuclear plants at the Nuclear Regulatory Commission. A Nicholas Institute for Environmental Policy Solutions study explores how the potential loss of existing nuclear plants in the Southeast interacts with the regions other electricity sector challenges—among them, increasing natural gas dependence, demand uncertainty, and emerging technology—and it proposes steps states can take to address these challenges.

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 Trump administration is proposing to repeal a Bureau of Land Management (BLM) rule aimed at ensuring hydraulic fracturing does not pollute water supplies, claiming that it triggers unjustified compliance costs and duplicates state rules.

“Upon further review of the 2015 final rule … the BLM believes that the 2015 final rule unnecessarily burdens industry with compliance costs and information requirements that are duplicative of regulatory programs of many states and some tribes,” agency officials wrote. “As a result, we are proposing to rescind, in its entirety, the 2015 final rule.”

The rule imposed well casing and wastewater storage requirements as well as required drillers to disclose the chemicals used in hydraulically fractured wells. Estimated to cost the oil and gas industry $32 million to $45 million a year, the rule has been the target of legal challenges since it was finalized in 2015.

It was among several Obama-era environmental rules President Donald Trump directed his administration to review and potentially rescind in a March executive order (subscription).

Research Highlights Little Studied Source of Methane Emissions

Climate change is allowing the release of methane from thawed permafrost according to aerial samplings of emissions from Canada’s Mackenzie River Basin, home to known oil and gas deposits. Research published in the journal Scientific Reports shows that the melting permafrost contributes to a warming climate not just through the natural production of biogenic methane but also through emissions of fossil gas, contributing significantly to the permafrost-carbon-climate feedback.

Between 2012 and 2013, the research team led by the GFZ German Research Centre for Geosciences took aerial geochemical samples, finding 13 times more methane than would be expected from typical microbial methane emissions rates. Although geological methane hotspots cover only 1 percent of the total area of the basin, they contribute to some 17 percent of its annual methane emissions.

“This is another methane source that has not been included so much in the models,” said lead author Katrin Kohnert. “If, in other regions, the permafrost becomes discontinuous, more areas will contribute geologic methane.”

Trump Cabinet: New Environment Nomination Draws Criticism

President Donald Trump has nominated Samuel Clovis to serve as the U.S. Department of Agriculture’s undersecretary of research, education and economics, the department’s top science post. Clovis is a former college economics professor and talk radio who has challenged the scientific consensus that human activity has been the primary driver of climate change.

The Washington Post points to2014 interview with Iowa Public Radio, where Clovis noted that he was “extremely skeptical” about climate change and added that “a lot of the science is junk science.”

E&E Daily reports that some see Clovis as committed to agricultural research. CNN and other media outlets highlighted a stipulation in the Farm Bill that “the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate, from among distinguished scientists with specialized training or significant experience in agricultural research, education, and economics,”—requirements, they say, that Clovis’ nomination appears to violate.

A White House statement about Clovis’ nomination lists his background as largely military, noting that “Clovis holds a B.S. in political science from the U.S. Air Force Academy, an M.B.A. from Golden Gate University and a Doctorate in public administration from the University of Alabama. He is also a graduate of both the Army and Air Force War Colleges. After graduating from the Academy, Mr. Clovis spent 25 years serving in the Air Force.”

His nomination was among eight sent to the Senate Tuesday.

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.

 

California Extends Its Cap-and-Trade Program

On July 20, 2017, in Uncategorized, by timprofeta

The Nicholas Institute for Environmental Policy Solutions at Duke University

In a 28–12 vote on Monday night, California’s Senate approved AB 398 to extend the state’s landmark cap-and-trade program to 2030. Hours later, the bill passed in the state’s Assembly, 55–21. Lawmakers also approved a companion measure, AB 617, aimed at reducing pollution that causes local public health problems. In addition, to win GOP support in the Assembly for the cap-and-trade program, the Legislature passed a constitutional amendment giving Republicans increased input in how the state spends revenues from the sale of emissions allowances—permits to pollute—by requiring, in 2024, a two-thirds vote to approve how they are used.

Gov. Jerry Brown and others have argued that extension of the cap-and-trade program is critical to meet the most aggressive climate goal of any state in the nation—a 40 percent cut in 1990s-level greenhouse gas emissions by 2030—and to send a countering signal to President Donald Trump’s rejection of policies and partnerships aimed at limiting warming (subscription). The program sets a limit on greenhouse gas emissions and allows emitters to buy and sell emissions permits, or allowances. The number of allowances available each year equals the annual limit, and both decrease over time, lowering emissions.

When unveiled for debate last week, the legislation drew the ire of many Republicans and progressive environmentalists, although other influential environmental groups said it represented a reasonable balance and the best chance for advancing the program (subscription). In the end, eight Republicans in the Assembly and one in the Senate voted to extend the program, but some environmental groups remain unhappy, saying the legislation allows polluters too many allowances to emit greenhouse gases and that local air quality is not addressed by the use of offsets, a practice whereby polluters can meet a certain amount of their emissions targets by investing in greenhouse-gas-reducing projects, including those outside California, rather than investing in their own emissions reductions.

The bipartisan, supermajority votes in both the state Assembly and Senate for extension of the program were touted by Senate President pro Tempore Kevin de León as a win for the environment and the economy.

“Californians understand that we can’t truly have a healthy economy that’s built to last without taking meaningful steps to protect public health and preserve a livable environment,” said de León.

Climate Science: The Debate

Last week U.S. Environmental Protection Agency head Scott Pruitt proposed a televised debate of climate science, whereby a red team would attack mainstream findings and a blue team would play defense. Critics of the idea, which has raised alarm bells among scientists, have argued that it will give viewers the impression that scientists are evenly divided over the fundamentals of climate change, when in fact the vast majority of scientists agree on those fundamentals, and that a debate format would test debating techniques and communication skills, not the evidence.

ClimateWire reported that climate scientists view the debate as a trap because it gives the minority of researchers who question mainstream climate science a stage they’ve not been able to command in peer-reviewed journals (subscription). At the same time, refusal to participate could leave the impression that mainstream climate scientists are hiding something—and would leave skeptics’ assertions unopposed.

Proposal of this debate comes amid news of a U.S. Geological Survey e-mail alert to international scientists warning that the Trump administration’s proposed 2018 budget cuts, if approved, would undermine important data-gathering programs and cooperative studies in a number of areas, including climate change.

NOAA Says 2016 Greenhouse Gas Influence Reached 30-Year High

According to the National Oceanic and Atmospheric Administration’s (NOAA) Annual Greenhouse Gas Index, the influence of greenhouse gases on atmospheric warming was higher last year than it has been in nearly 30 years (subscription). The greenhouse gas index was intended to provide a straightforward way to report the yearly change in the warming influence of greenhouse gases, reported the New York Times, which noted the steady increase in greenhouse gas emissions since 1990.

“The role of greenhouse gases on influencing global temperatures is well understood by scientists, but it’s a complicated topic that can be difficult to communicate,” the NOAA release states.

As explained by Climate Central, the index takes measurements of 20 key greenhouse gases from some 80 ships and observatories around the world and boils them down into a numerical index that defines the rise from 1700 to 1990 as 100 percent or 1. This year’s number, 1.4, shows that the direct influence of the gases on the climate has risen 140 percent since 1750; 40 percent of that increase has been realized since 1990. The increase is due mostly to human activities and has resulted in warming of 1.8 degrees Fahrenheit above pre-industrial temperatures.

This week NOAA announced that the first half of 2017 was the planet’s second-warmest, behind 2016, since the start of planetary temperature recordkeeping in 1880. A major El Niño, such as that experienced in 2016, tends to increase global temperatures. But as Earth’s temperature has risen because of greenhouse gases, an El Niño isn’t necessary to attain very high temperatures. Years with La Niñas, which tend to cool global temperatures, are today hotter than El Niño years several decades ago.

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

Last week, Republican lawmakers revived a bill aimed at stopping use of the social cost of carbon (or the social cost of any greenhouse gas) in federal rulemaking (subscription). The bill would bar the U.S. Department of Energy and U.S. Environmental Protection Agency from applying the metric in any action, going further than President Trump’s executive order, signed in March, to revoke existing guidance and disband the interagency working group that sets guidance for the metric’s use. The bill’s reintroduction comes on the heels of a new study in the journal Science that makes a major advance in calculation of the cumulative economic impacts of climate change.

The study estimates that the United States could incur damages worth 1.2 percent of gross domestic product (GDP) for every 1 degree Fahrenheit rise in global temperature. Those damages include worsening economic inequality, heat-related deaths, agricultural declines, and even increased crime. The hard-hit counties—mainly in the South—could see losses higher than 20 percent of GDP. In the worst-hit county, Florida’s Union County, losses could near 28 percent, the kind of disparity that could contribute to political instability and drive mass migration.

According to lead researcher Solomon Hsiang, an economist at the University of California, Berkeley, the most striking “takeaway message” is that “the effects of climate change on the U.S. are not the same everywhere. Where you are in the country really matters.” By which he means that climate change will move wealth away from the south and toward the north and west of the country, although he acknowledges that exact costs and their redistribution are hard to nail down because a changing climate makes the future world hard to predict.

Nonetheless, “Unmitigated climate change will be very expensive for huge regions of the United States,” said Hsiang. “If we continue on the current path, our analysis indicates it may result in the largest transfer of wealth from the poor to the rich in the country’s history.”

The main takeaway of the study for Nicholas Institute for Environmental Policy Solutions faculty fellow Billy Pizer, who wrote a perspective accompanying the study, is that it has produced “the first comprehensive estimate of climate change damages driven by state-of-the-art empirical studies of climate change impacts.”

The study team—a group of economists and climate scientists—used state-of-the-art statistical methods and 116 climate projections to price those impacts the way insurers or investors would. Specifically, they computed the real-world costs and benefits of increased temperatures, changing rainfall, rising seas and intensifying storms on agriculture, crime, health, energy demand, labor and coastal communities. In total, they computed the possible effects of 15 types of impacts for each U.S. county in 29,000 simulations.

The study appears to represent a significant improvement over earlier financial forecasts of climate change, which approximated damages for the entire country at once. The new study built its model from microeconomic studies of how variation in climate affects well-measured, and well-valued, county-level outcomes like crop yields, mortality, and energy consumption. But because the model’s algorithms emerge from observed relationships in real-world data, estimates omit many serious climate change risks, such as biodiversity loss, for which economic cost data were considered insufficient.

According to the researchers, their model is designed to continually integrate new findings and new climate model predictions, producing actionable science (subscription).

Red Team, Blue Team: Pruitt Calls for Debate of Climate Science

On Monday, a federal appeals court ruled that the U.S. Environmental Protection Agency (EPA) cannot freeze implementation of a rule requiring oil and gas companies to fix leaks of methane, a greenhouse gas, while it reconsiders that rule. The court ruling could hint at trouble for the Trump administration’s efforts to unilaterally delay regulations such as those aimed at curbing greenhouse gases. But EPA Administrator Scott Pruitt may have found a new context in which to question the need for such regulations.

Pruitt is leading a formal initiative to assess climate science using a “back-and-forth critique” by government-recruited experts. The idea is to stage “red team, blue team” exercises used by the military to identify vulnerabilities in field operations to conduct an “at-length evaluation of US climate science,” an official told ClimateWire. Other Trump administration officials are said to be discussing whether the initiative would stretch across many federal agencies that rely on such science.

“Climate science like other fields of science is constantly changing,” said EPA spokeswoman Liz Bowman. “A new, fresh, and transparent evaluation is something everyone should support doing.”

But scientists and former EPA officials worry that the debate will give a disproportionately large voice to the limited number of skeptical voices within the scientific community. And, as was pointed out by PBS, science does not operate not by debate but by peer-reviewed studies.

Energy industry executives said the approach to scientific review that Pruitt is instituting could allow a challenge to the 2009 scientifically based environmental endangerment finding that established the EPA’s legal foundation for restricting greenhouse gas emissions from mobile and stationary sources. But lawyers say successfully making that challenge could be extremely difficult.

President Outlines Energy Dominance Proposals

President Trump last week outlined a multipronged plan to increase production of and export fossil fuels, including what he described as “clean, beautiful coal.” Speaking at the Department of Energy’s Washington headquarters, he called the need for regulations “a myth” and said his new policies would reap “millions and millions of jobs and trillions of dollars in wealth.” Although he did not reference renewable energy, climate change or reducing emissions, he touted his decision to exit the Paris climate agreement and to approve the Dakota Access and Keystone XL oil pipelines.

To usher in what he dubbed “the golden era of American energy,” Trump outlined six initiatives:

  • Expanding nuclear energy
  • Lowering barriers to financing of overseas coal energy plants
  • Constructing a petroleum pipeline to Mexico
  • Increasing sales of natural gas to South Korea
  • Exporting additional natural gas from the Lake Charles liquid natural gas terminal in Louisiana
  • Opening a new offshore oil and gas leasing program.

The last initiative calls for an Interior Department rewrite of a five-year Obama-era drilling plan that had closed areas of the Arctic and Atlantic oceans to drilling. The Washington Post pointed out that the surge of onshore oil and natural gas production due to horizontal drilling has helped to lower the price of petroleum, diminishing interest in offshore drilling.

In a New York Times op-ed, former U.S. Environmental Protection Agency head (and Nicholas Institute for Environmental Policy Solutions Advisory Board chairman) William Reilly noted that drilling in those areas could come at an economic cost. “A spill in any of those waters could threaten multibillion-dollar regional economies that depend on clean oceans and coastlines,” said Reilly, who pointed out that Trump has called for reconsideration of the well control rule, which tightened controls on blowout preventers, which are designed to stop undersea oil and gas well explosions. That rule was based in part on findings of the bipartisan National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, which Reilly co-chaired.

The Nicholas Institute for Environmental Policy Solutions at Duke University

Democrats and Republicans are sharply divided on climate change in Congress but perhaps not so much at the municipal level. In a show of bipartisan support for the Paris Agreement and the Clean Power Plan at the conclusion of the U.S. Conference of Mayors in Miami Beach on Monday, leaders from more than 250 cities voted on symbolic resolutions calling for the Trump Administration to rejoin the global climate accord and embracing the goal of running their jurisdictions entirely on renewable energy by 2035. Another resolution called for President Trump and Congress to “develop a comprehensive risk management program to address future flood risks from sea level rise.”

“I think most mayors in America don’t think we have to wait for a president” whose beliefs on climate change are not supported by science, said New Orleans Mayor Mitch Landrieu. “There’s near unanimity in this conference that climate change is real and that humans contribute to it,” he said, adding “If the federal government refuses to act or is just paralyzed, the cities themselves, through their mayors, are going to create a new national policy by the accumulation of our individual efforts.”

The mayors showcased climate change with panels on climate resiliency and a neighborhood tour by Miami Mayor Philip Levine highlighting municipal efforts to cope with sea-level rise. Miami Beach is one of the U.S. cities most vulnerable to climate change.

Preliminary results of a survey jointly conducted by the U.S. Conference of Mayors (USCM) and the Center for Climate and Energy Solutions were released at the conference on Saturday. According to USCM, the survey of 66 municipalities, ranging from 21,000 to 8.5 million residents across 30 states, found “overwhelming interest by cities in collaborating with the private sector to accelerate climate efforts.”

On Tuesday at a Senate appropriations subcommittee hearing, U.S. Environmental Protection Agency (EPA) head Scott Pruitt suggested that the Clean Air Act may not have given his agency the tools for those efforts, telling committee members that the EPA’s endangerment finding, which established that greenhouse gas emissions were harmful to human health, did not settle the question of how the agency should regulate those emissions.

Massachusetts v. EPA simply said to the EPA that it had to make a decision on whether it had to regulate, whether it posed a risk to health, and there was an endangerment finding that followed that in 2009. It did not address whether the tools were in the toolbox,” Pruitt said. He added, “I think what’s important is that we are responding to the CO2 issue through the regulation of mobile sources, we’re also evaluating the steps or the tools we have in the toolbox with respect to stationary sources, and that’s our focus,” he said.

Challenging Pruitt’s assertion that the Clean Air Act gave the EPA no clear authority to regulate carbon emissions, John Walke, clean air director at the Natural Resources Defense Council, pointed to two Supreme Court cases—American Electric Power Co. v. Connecticut and Utility Air Regulatory Group v. EPA—affirming that authority, specifically with regard to emissions from stationary sources.

Global Sea-Level Rise Accelerates

A new study, published Monday in the journal Nature Climate Change, adds to recent literature confirming an acceleration in sea-level rise during the past few decades. That literature, which includes a study published in early June that found a tripling of the rate of sea-level increase between 1990 and 2012, is significant in part because of earlier uncertainty about whether global waters were indeed rising—uncertainty cited by climate change deniers. Specifically, the new study reveals the close match between what scientists know about contributors to sea-level rise and measured rates from satellites, and it nails down the sea-level rise acceleration.

The study led by Xianyao Chen of the Ocean University of China and Qingdao National Laboratory of Marine Science and Technology showed that the main contributor to recent sea-level rise is the thawing of Greenland’s ice sheet. The study found that the annual rate of sea-level rise had reached 0.13 inches in 2014. But ocean levels rose 50 percent faster in 2014 than in 1993, with meltwater from the Greenland ice sheet making up 25 percent of total sea level increase compared with 5 percent 20 years earlier. That finding suggests that the rate will continue to accelerate, and scientists say oceans are likely to rise about three feet by century’s end.

The study co-authors said the rate’s acceleration “highlights the importance and urgency of mitigating climate change and formulating coastal adaptation plans to mitigate the impacts of ongoing sea level rise.”

Climate Change-Related Fires Increase in the Arctic

Recent massive fire years in Alaska and Canada have been driven by extreme lightning storms that are likely to move north with climate warming, according to findings in Nature Climate Change by researchers from Vrije Universiteit Amsterdam and the University of California, Irvine. The scientists found that as fires creep northward, near the transition from boreal forests to Arctic tundra, large amounts of carbon currently locked in permafrost could be released. In addition, trees could begin growing in the tundra, darkening surfaces previously covered with snow, which prevents the reflection of sunlight away from Earth and contributes to global warming.

Using satellite and ground-based data, the researchers discovered that lightning-caused fires have risen 2 to 5 percent a year for the last four decades. The reason? Warmer temperatures increase thunderstorms, which in turn increase lightning and fire risk. These changes are part of a complex climate feedback loop, said Sander Veraverbeke of Vrije Universiteit Amsterdam, the study’s lead author.

“You have more fires; they creep farther north; they burn in these soils which have a lot of C02 and methane that can be exposed directly at the moment of the fire and then decades after,” Veraverbeke said. “That contributes again to global warming; you have again more fire.”

The study was prompted by immense fires in Alaska and Canada’s Northwest Territories in two of the last three years. Lightening was the cause of some 82 percent of the burned areas in the Northwest Territories in 2014 and 95 percent of the burned areas in Alaska in 2015—areas that don’t usually experience fires, according to Veraverbeke.

“These fires are claiming an area that they haven’t burned historically, which also means they can change the carbon balance and shift an ecosystem into a different state,” Veraverbeke said.

The Nicholas Institute for Environmental Policy Solutions at Duke University

At a meeting of Group of Seven (G7) environment ministers, the first since President Donald Trump announced the U.S. exit from the Paris Agreement, the United States refused to sign a pledge that calls the global climate accord the “irreversible” global tool to address climate change. In a communique issued Monday, the U.S. position was distinguished in a footnote: “The United States will continue to engage with key international partners in a manner that is consistent with our domestic priorities, preserving both a strong economy and a healthy environment.”

In the communique, ministers representing Canada, France, Germany, Italy, Japan and the European Union reaffirmed their “strong commitment to the swift and effective implementation of the Paris Agreement,” but U.S. Environmental Protection Agency (EPA) head Scott Pruitt, who departed the two-day meeting in Bologna, Italy, meeting early, refused to sign sections related to climate change, multilateral development banks and support for implementation of climate finance pledges. He did join the other ministers in committing to a 2030 agenda for sustainable development, sustainable finance and resource efficiency.

In a statement on the G7 meeting, the EPA announced that the United States “stands firm” on its decision to withdraw from the Paris Agreement and that it has “reset the conversation about climate change” to reflect new priorities and the “expectations of the American people.” It included this quote from Pruitt: “We are resetting the dialogue to say Paris is not the only way forward to making progress. Today’s action of reaching consensus makes clear that the Paris Agreement is not the only mechanism by which environmental stewardship can be demonstrated.”

At the meeting’s opening session, Pruitt told delegates that the United States wanted to continue making efforts to combat climate change and that he wished to engage with the United Nations Climate Change secretariat.

Italian Environment Minister Gian Luca Galletti said a dialogue had been kept open to determine whether there were conditions for Washington to reenter the Paris accord. “But one thing is clear,” he said, “the accord is irreversible, non-negotiable and the only instrument for fighting climate change.”

McClatchy reported that the G7 country pushing hardest to maintain international momentum to address global warming is Germany, which hosts this year’s annual climate summit in November. Environment Minister Barbara Hendricks met last week with California Governor Jerry Brown to demonstrate that Germany is ready to work with individual U.S. states on the issue.

Hendricks and Brown—who last week signed green energy agreements with two Chinese cities—issued a joint statement on climate change in which they said “the withdrawal of the U.S. from the Paris Agreement underscores the important role that non-state actors, and particularly subnational actors, play in achieving the overall objective and goals of that agreement.”

The divide between the United States and its G7 partners on climate action was highlighted last week by Hendricks’s fact checks of Trump’s recent statements about the Paris deal and by President Emmanuel Macron’s invitation to U.S. climate researchers to move to France.

Clean Power Plan Goes to OMB for Review; Methane Emissions Standards on Hold

Last week the U.S. Environmental Protection Agency (EPA) advanced President Donald Trump’s efforts to rescind or revise the Clean Power Plan—which seeks a 32 percent cut in the power sector’s carbon dioxide emissions by 2030—by sending a review of the rule to the Office of Management and Budget (OMB) for analysis (subscription).

The OMB review is the final step before the EPA can release its proposal for public comments. Although the nature of the proposal remains unclear, a full repeal is expected to be the Trump administration’s goal.

Underlying the Clean Power Plan is a 2009 EPA determination that greenhouse gas emissions from vehicles should be regulated. The Obama administration argued that the determination, known as the endangerment finding, applied to stationary sources such as power plants as well to mobile sources. EPA head Scott Pruitt could reverse that interpretation to pull the plug on power plant regulation.

But a more likely strategy, ClimateWire reported, is that Pruitt will contend that the agency went beyond its purview in setting carbon reduction goals by looking at what the power system as a whole could achieve instead of focusing solely on improvements at coal plants (subscription). That is, the agency could be focusing on a legal argument rather than attempting to fight the science behind the rule.

A D.C. Circuit temporarily froze a case brought against the rule by some states and industry groups (subscription). It is now considering whether to keep proceedings on hold or to close the case.

Also on hold: the Obama administration’s oil and gas industry methane emissions standards (subscription). The U.S. Environmental Protection Agency said Tuesday it would propose a two-year stay of those standards while it reconsiders them. Pruitt signed the notice submitting the two-year stay to the Federal Register on Monday.

The move would extend the 90-day administrative stay, announced May 31, of the 2016 New Source Performance Standards for the oil and gas industry, which require companies to install leak detection devices and capture leaking emissions (subscription). The EPA also proposed a separate three-month stay to cover any time gap between the end of the 90-day stay and the beginning of the 2-year stay. Both new stays are subject to a 30-day comment period.

Study on Climate Change Put on Ice by Climate Change

Warming temperatures have resulted in dangerous maritime conditions off north Newfoundland, preventing climate scientists from traveling to their study area and forcing their transport vessel, the Canadian Coast Guard icebreaker Amundsen, to help free fishing boats and other ships hemmed in by ice traveling unusually far south from the high Arctic. David Barber, the expedition’s chief scientist, noted the irony of the conditions that caused cancellation of part of his team’s climate change study.

“I have been in the Arctic for 35 years and this is one of the most incredible experiences I have ever had,” he said Monday. “Normally these conditions aren’t so bad. This is climate change fully in action—affecting our ability to make use of marine resources and transport things.”

Barber pointed out that warming loosens ice, which can travel long distances on ocean currents.

“It’s very much a climate-change driven phenomenon,” said Barber. “When you reduce the extent of the ice and reduce the thickness of it, it becomes more mobile.” And he suggested that phenomenon offered a valuable lesson about climate change to the Canadian government.

“What happens in the Arctic doesn’t stay there. It comes south,” he said. “We’re simply ill-prepared.”

Canadian researchers and their international colleagues have been monitoring the impacts of climate change and resource development on Arctic marine and coastal ecosystems and northern communities since 2003.

The Nicholas Institute for Environmental Policy Solutions at Duke University

In an interview last week, U.S. Environmental Protection Agency Administrator (EPA) Scott Pruitt said that the United States should “exit” the Paris Agreement—the first time such a high-ranking Trump administration official has so explicitly rejected the global accord to limit global warming to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit that increase to 1.5 degrees Celsius. Pruitt also vowed that the EPA would “roll back” the Clean Power Plan, a key component of former Obama administration’s plan to meet the U.S. pledge under the Paris Agreement, which calls for an emissions reduction of 26–28 percent from 2005 levels by 2025.

“Paris is something we need to look at closely,” Pruitt said. “It’s something we need to exit in my opinion. It’s a bad deal for America It’s an ‘America second, third or fourth’ kind of approach.”

Pruitt said that he would not risk U.S. jobs to comply with the agreement, the subject of a battle within the Trump administration—one that President Donald Trump’s most senior advisers are expected to resolve in the next few weeks (subscription).

Pruitt said that complying with the Paris Agreement means “contracting our economy to serve and really satisfy Europe and China and India. They are polluting far more than we are. We’re at pre-1994 levels with respect to our CO2 emissions.”

In total, only China emits more carbon dioxide than the United States, according to tracking data released by the World Resources Institute last week. Those data show that emissions from India and from the European Union are, respectively, one-half and two-thirds emissions from the United States. Moreover, on a per capita basis, the United States in 2015 produced two times more carbon dioxide emissions than China and eight times more than India.

How the Trump administration could actually exit the Paris Agreement, as Pruitt suggested, remains unclear. Under the agreement’s terms, it takes three years for a party to withdraw, followed by a one-year waiting period.

Pruitt followed up his interview with a proclamation of a new era of environmental deregulation in a speech at a coal mine fined for contaminating local waterways with toxic materials. There he said the EPA’s new “back to basics” agenda would give oversight of clean air and water to individual states and would bolster jobs in fossil fuel industries.

Study: Meeting Paris Agreement Goal Means World Has One Decade to Peak Emissions

The latest research establishing a timeline for phasing down fossil fuel consumption to limit global temperature rise to 1.5 degrees Celsius—the more stringent of the two Paris Agreement temperature goals—finds that global carbon dioxide emissions need to peak within 10 years (subscription).

Net emissions could peak by 2022, the study in the journal Nature Communications shows, under a “high-renewable” scenario in which wind, solar and bioenergy increase by some 5 percent annually.

Overall, the analysis produced by the International Institute for Applied Systems Analysis (IIASA) suggests that, by 2100, fossil fuel consumption must likely be reduced to less than a quarter of primary energy supply. But if carbon-capture-and-storage technology coupled with bioenergy production is found to be unfeasible, uneconomical or too burdensome on ecosystems, the analysis suggests that the world may have to rely heavily on nascent “negative emissions” technology.

The authors did note one other opportunity to rein in emissions, suggesting that land use and agriculture might absorb more carbon dioxide than their model considered.

“The study shows that the combined energy and land-use system should deliver zero net anthropogenic emissions well before 2040 in order to assure the attainability of a 1.5°C target by 2100,” said Michael Obersteiner, IIASA Ecosystems Services and Management Program director and study coauthor.

The study is one of the first published results from the newly developed—and freely available—FeliX model, a system dynamics model of social, economic, and environmental Earth systems and their interdependencies.

“Compared to other climate and integrated assessment models, the FeliX model is less detailed, but it provides a unique systemic view of the whole carbon cycle, which is vital to our understanding of future climate change and energy,” said Obersteiner.

The day after the IIASA study was published, the National Aeronautics and Space Administration released data showing that March ranked as the second hottest on record for the planet. It followed the second hottest February and third hottest January on record.

Energy Department Orders Grid Study

U.S. Department of Energy Secretary Rick Perry has ordered a 60-day study of the U.S. power grid to determine whether policies that favor wind and solar energy—including a recently renewed production tax credit that helps offset the cost of wind and solar installations and, in some states, renewable power mandates—are speeding the decline of baseload coal and nuclear power plants and potentially hampering grid reliability.

In an April 14 memo to his chief of staff, Perry wrote that grid experts have “highlighted the diminishing diversity of our nation’s electric generation mix and what that could mean for baseload power and grid resilience.”

The memo orders consideration of “the extent to which continued regulatory burdens, as well as mandates and tax and subsidy policies, are responsible for forcing the premature retirement of baseload power plants,” among other things.

Travis Fisher, a senior advisor in the Office of Energy Efficiency and Renewable Energy, has been tapped to head the study. Greenwire reported that Fisher has made several public statements through interviews, op-eds and blog posts in which he warned that federal regulations, the wind production tax credit and state renewable mandates were threatening grid reliability.

Electricity regulators are already examining how state policies might be affecting regional electricity markets and grid reliability, reports Bloomberg. Next month the Federal Energy Regulatory Commission (FERC) will hold a technical conference to consider state and federal jurisdictional battles over electricity markets, along with state programs that direct credits to renewable energy and zero-emission power.

In laying out her vision for the conference, FERC’s acting chair, Cheryl LaFleur, said that she hopes for a negotiated solution to wholesale power market issues.

“As I see it, there are three potential outcomes that we could achieve here, and the first is some kind of negotiated or planned solution—in my mind, the best option for stakeholders in different regions,” said LaFleur, who also mentioned litigation and re-regulation.

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

Last week, California’s Cap-and-Trade Program to reduce carbon emissions was handed a victory when a state appeals court ruled that program’s auction of emissions permits does not constitute an illegal tax because the program is voluntary and the emissions permits have value. In a 2–1 vote, the Court of Appeal for the Third Appellate District upheld the cornerstone piece of California’s climate change policy, siding with the program’s operator, the California Air Resources Board (CARB), by finding that the auction revenues are more akin to regulatory fees than a tax. The court ruled against the California Chamber of Commerce, a tomato processor, and the National Association of Manufacturers, all of whom alleged that CARB lacked legislative authority to create the auctions and that the emissions allowances amounted to a tax that would have required a two-thirds vote of the legislature.

California created the Cap-and-Trade Program as part of its program to meet its targets of reducing carbon emissions to 1990 levels by 2020 and to 40 percent below 1990 levels by 2030. The program requires factories, power plants, and other companies to buy permits to emit greenhouse gases. By putting a cap on carbon emissions and by creating a market for emissions permits, which covered entities can bank and sell if they don’t need them, the program aims to encourage pollution reduction at the least possible cost. Specifically, it allows businesses to determine whether their most cost-effective compliance option is to reduce their emissions or to pay to pollute, a flexibility that figured in the appeals court decision.

“Reducing emissions reduces air pollution, and no entity has a vested right to pollute,” the court wrote. “The purchase of allowances is a voluntary decision driven by business judgments as to whether it is more beneficial to the company to make the purchase than to reduce emissions.”

The court decision frees California to continue holding auctions through 2020 but does not eliminate all the uncertainty that has dampened demand for permits and reduced state revenues that have been used for programs linked to emissions reductions. Although the decision immediately gave carbon markets a boost, an oversupply of permits has kept them inexpensive at roughly $12.50 or $13.50 a metric ton. Experts say that price needs to reach $30 to $40 to properly incentivize new pollution control investments.

Whether emissions permits in a cap-and-trade system should be given away or sold by the government has long been debated by scholars, reports Inside Climate News. California companies had wanted permits to be handed out for free, but California chose to auction them and to use the revenue to help finance spending on energy efficiency and other parts of its climate agenda.

State lawmakers are presently debating whether to extend the Cap-and-Trade Program past 2020 to eliminate any additional uncertainty about the program.

U.S. Power Sector Shrinks Carbon Footprint in Record-Breaking Way

A continuing drop in coal use, along with relatively mild winter temperatures, drove a second consecutive year of reductions in U.S. power sector carbon dioxide emissions, according to figures released by the Energy Information Administration (EIA) on Monday. The EIA reported that those emissions dropped 1.7 percent, compared with the previous year. That reduction was largely attributed to an 8.6 percent drop in coal-related emissions, which was offset by increases in emissions from oil (1.1 percent) and natural gas (0.9 percent). Those figures added up to a record-breaking decrease in the power sector’s carbon intensity, a measure that relates carbon emissions to economic output.

“Overall, the data indicate about a 5 percent decline in the carbon intensity of the power sector, a rate that was also realized in 2015,” the EIA said. “Since 1973, no two consecutive years have seen a decline of this magnitude, and only one other year (2009) has seen a similar decline.”

“These recent decreases are consistent with a decade-long trend, with energy-related CO2 emissions 14 percent below the 2005 level in 2016,” the EIA added.

Whether the trend will continue will depend on several factors. Climate Central reports that utilities’ increasing switch from coal to less carbon-intensive natural gas is not a panacea for climate change, because extraction processes for natural gas emit methane, a greenhouse gas 34 times stronger than carbon dioxide over 100 years. Moreover, it’s unclear how the Trump administration’s push for fossil fuels development will play out. It may only delay the closure of coal-fired power plants slated for retirement if natural gas prices remain low. But carbon emissions could begin to rise again in the United States if demand for electricity and gasoline increases and if the average fuel economy of new vehicles does not increase.

The EIA reported that the only U.S. sector in which carbon emissions increased last year was transportation. Emissions directly from motor gasoline increased 1.8 percent. Notably, overall transportation sector emissions were higher than power sector emissions, a trend the EIA expects to continue until at least 2040.

Gorsuch Sworn in as Supreme Court Justice

After being confirmed Friday by a 54-to-45 vote—following Republicans’ invocation of the so-called nuclear option, which lowered the threshold on Supreme Court nominations to a simple majority vote—Colorado appeals court judge Neil M. Gorsuch took his oaths to be the Supreme Court’s 113th justice Monday. Gorsuch breaks the court’s perceived 4-4 ideological split since the February 2016 death of conservative stalwart Justice Antonin Scalia.

During his federal appeal court tenure, Gorsuch mirrored Scalia’s originalist approach to the law, interpreting the Constitution according to the meaning understood by its drafters. But he could envision his job in more “muscular” terms than his predecessor, according to The Economist. Of particular importance to climate policy is Gorsuch’s evident skepticism of the Chevron deference, whereby judges defer to an agency’s reasonable interpretation of federal laws when the law is ambiguous. The Chevron deference, as a principle, stems from a decision in a 1984 case that Chevron brought against the Environmental Protection Agency regarding its reading of the Clean Air Act. In last year’s Gutierrez-Brizuela v Lynch, notes The Economist, Gorsuch called into question the Chevron principle, writing that it allows agencies to “swallow huge amounts of core judicial and legislative power” and that it “concentrate[s] federal power in a way that seems more than a little difficult to square with the constitution of the framers’ design.” He suggested that it might be time to fundamentally rethink the Chevron principle.

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.