Extension of California’s Cap-and-Trade Program Entails Tough Balancing Act

The Nicholas Institute for Environmental Policy Solutions at Duke University

On Monday California Governor Jerry Brown and legislative leaders released a plan to extend through 2030 the state’s cap-and-trade program, which limits carbon emissions and requires polluters to buy allowances for greenhouse gas emissions—that is, permits to pollute. The deal updates how carbon emitters can use pollution allowances and offsets, empowers the California Air Resources Board to set a price cap on permits, and prevents local air districts from placing additional carbon emissions restrictions on polluters already regulated under the cap-and-trade program. A vote on Assembly Bill 398 and AB 617, a companion bill to increase local air pollution monitoring and pollution penalties, could come as early as today; the former will need approval of two-thirds of the Senate and Assembly.

The deal represents a difficult—and some say, imperfect—balancing of environmental and business interests.

The deal’s price cap provision is meant to guard against energy price spikes, but there are concerns it might undermine the purpose of limiting emissions. Thus far, permit prices have hovered near the program’s price floor and emissions have been within the state’s targets, but if demand spikes and prices hit the ceiling, emissions could rise. The proposal includes provisions to ensure that emissions goals are still met when the price ceiling is hit.

The offsets provision would decrease the amount of emissions reductions businesses can achieve through environmental projects in other sectors, and it would require that half of such projects be sited in California. Industry and environmental justice groups have sparred over the offsets, because although they can be a potentially cheaper alternative to achieving emissions reductions at regulated sources they are often without benefit to local air quality.

The two camps also do not see eye to eye on the number of free emissions allowances businesses should receive to keep them from being disadvantaged against out-of-state competitors not subject to the cap-and-trade program. In the deal announced Monday, companies will continue to receive free allowances, though the total number of allowances will shrink as the emissions cap is lowered to meet the state’s goal of cutting greenhouse gas emissions to 40 percent below 1990 levels by 2030.

The deal prioritizes state programs that could receive allowance auction proceeds. First in line: efforts to control toxic air pollution from mobile or stationary sources, followed by low-carbon transportation projects and sustainable agriculture programs.

Nine northeastern states are contemplating the future of their own cap-and-trade program. Since inception of the Regional Greenhouse Gas Initiative (RGGI) in 2008, the states’ aggregate emissions have decreased 37 percent—spurred in part by the cheap cost of natural gas (subscription). But RGGI advocates say that the program hasn’t sent electric bills soaring; instead, electricity costs have fallen 3.4 percent, again with help from natural gas prices. The program is set to release a plan for reducing the region’s carbon cap later this year, and there are signs that New Jersey may rejoin the program and that Virginia may link up with it—an expansion with both symbolic and market significance.

G20 Meeting Highlights Rift with the United States Over Its Climate Change Stance

Last week’s G20 meeting in Hamburg concluded with leaders of 19 nations renewing their pledge to implement the Paris Agreement and German Chancellor Merkel reiterating those nations’ consensus that “the Paris agreement is irreversible.”

Negotiations over the wording of the final communiqué from Germany hit a snag when the United States insisted on a line that read, “USA will endeavor to work closely with other partners to help their access to and use of fossil fuels.” The final language reads, “The United States of America states it will endeavour to work closely with other countries to help them access and use fossil fuels more cleanly and efficiently and help deploy renewable and other clean energy sources, given the importance of energy access and security in their nationally-determined contributions.”

The G20 declaration noted the U.S. withdrawal from the accord but said that the United States affirmed its “strong commitment to an approach that lowers emissions while supporting economic growth and improving energy security needs.” The U.S. exit from the accord will become official in November 2020—the year of the next presidential election.

Regarding climate change mitigation, Inside Climate News laid out “six degrees of U.S. isolation” from the other G20 members: the need for increased ambition, the economic benefits of climate action, the coming energy transformation, the need for international finance, the need to end inefficient fossil fuel subsidies, and the vestigial role for fossil fuels.

On Tuesday, the Trump administration appointed a renewable energy critic and former spokesman for a Koch Industries-funded campaign promoting fossil fuels to the post of senior adviser in the U.S. Department of Energy’s Office of Energy Efficiency and Renewable Energy.

Study Offers Bad News on Extreme Flooding, Good News on Planning for That Phenomenon

A new study published Tuesday in Nature Communications suggests that extreme flooding currently expected to occur on average once every 100 years could, by 2050, occur every decade or even every year along the world’s vulnerable coastlines. The good news? Use of newly available data and advanced models offers the promise of improving global predictions of extreme sea levels.

“Up to 310 million people residing in low elevation coastal zones are already directly or indirectly vulnerable to ESL”—or extreme sea levels—“and coastal storms are causing damages in the order of tens of billions of dollars per year,” said the researchers. “These numbers could increase dramatically with SLR”—or sea-level rise—“and other changes, leading to annual damages of up to almost 10% of the global gross domestic product in 2100 if no adaptation measures are taken.”

As the climate changes, according to the study, category I hurricanes could do the same amount of damage as category II or III hurricanes did when sea levels were lower. But extreme sea levels, which often arise from a combination of high tides and storm surges, are often underrepresented in high-profile climate change documents such as those of the Intergovernmental Panel on Climate Change. To quantify the uncertainty of current extreme sea-level estimates, the study used newly released tide gauge data to conduct a meta-analysis of some 20 advanced climate models and found that predicted flood rates were underestimated for the West Coast of North and South America as well as for southern Europe and Australia.

According to researchers, including extreme sea levels in coastal impact studies is vital to helping vulnerable areas to protect themselves.

China, India on Course to Surpass Climate Pledges, Making Up for U.S. Climate Action Rollbacks

The Nicholas Institute for Environmental Policy Solutions at Duke University

Slowing coal use in China and India has put the two most populous countries on a trajectory to beat their carbon emissions goals under the Paris Agreement, making up for rollbacks in U.S. climate action under the Trump administration, according to a new analysis released by Climate Action Tracker (CAT) at intersessional climate talks concluding today in Bonn, Germany.

China, which had pledged to peak its carbon emissions no later than 2030 and to sharply reduce them thereafter, has seen a coal consumption decrease over three consecutive years (2013 to 2016), a trend expected to continue. India, which had pledged to slow its emissions growth by expanding its renewables sector, has stated that its planned coal-fired power plants may not be needed. If it fully implements recently announced policies, its emissions growth would significantly slow over the next decade.

“Five years ago, the idea of either China or India stopping—or even slowing—coal use was considered an insurmountable hurdle, as coal-fired power plants were thought by many to be necessary to satisfy the energy demands of these countries,” said Bill Hare of Climate Analytics, a CAT consortium member. “Recent observations show they are now on the way towards overcoming this challenge.”

So much so that they will compensate for the anticipated failure of the United States to make good on its pledge. Together, India and China will reduce projected global carbon emissions growth by 2 to 3 gigatons in 2030 compared to last year’s CAT projections—significantly outweighing the impact of the Trump administration’s proposed rollbacks in U.S. emissions reduction efforts, which the CAT analysis calculated at some 0.4 gigatons of extra carbon emissions each year by 2030.

“The highly adverse rollbacks of US climate policies by the Trump Administration, if fully implemented and not compensated by other actors, are projected to flatten US emissions instead of continuing on a downward trend,” said Niklas Höhne of NewClimate Institute, a CAT consortium member.

According to the CAT analysis, meeting the U.S. pledge to lower its carbon emissions by 26 to 28 percent below its 2005 levels by 2025 would require implementation of the full climate action plan outlined by the Obama administration—which along with the Clean Power Plan called for expanding clean energy, energy efficiency programs and advanced transportation technology. But even then, the analysis suggests, the United States would reduce emissions only 10 percent below 2005 levels by 2025. Without the Clean Power Plan, emissions would fall just 7 percent below 2005 levels.

Clean Power Plan: EPA, Rule Foes Seek Abeyance; Rule Supporters, a Remand

Following last month’s Court of Appeals ruling that put lawsuits challenging the Clean Power Plan on hold for 60 days without deciding on the rule’s legality, the Trump administration on Monday asked the court to make that hold indefinite rather than remand the litigation—send it back—to the U.S. Environmental Protection Agency (EPA) while it decides what to do with the rule. A remand would end a halt that the Supreme Court placed on the rule last year, allowing supporters to file a new lawsuit if the EPA repeals the Clean Power Plan, which under a March executive order, it is almost certain to do.

“Abeyance is the proper course of action because it would better preserve the status quo [the Supreme Court’s stay of the rule], conserve judicial resources, and allow the new Administration to focus squarely on completing its current review of the Clean Power Plan (‘the Rule’) as expeditiously as possible,” said the EPA brief. “Whereas abeyance would maintain the Supreme Court’s stay, a remand would raise substantial questions regarding the stay’s vitality,” it continued.

Foes of the rule also argued in favor of an indefinite hold on the litigation, writing in their own brief that “holding these cases in abeyance best protects Petitioners’ rights to judicial review and this Court’s ability to resolve challenges to the Rule should EPA ultimately not revise or rescind the Rule.”

Environmentalists, states, cities and power companies that support the Clean Power Plan, along with wind and solar industry associations, all filed briefs in favor of remand.

Environmental groups said placing the cases in long-term abeyance would violate basic administrative law principles—a point also made by cities and power companies that support the Clean Power Plan—and that remanding the cases would avoid an improper extension of the Supreme Court stay. In addition, they argued that the courts should rule on the merits of the lawsuits.

“While remand is preferable to abeyance,” states their brief, “the only appropriate path is to issue a merits decision. Withholding a merits decision now would waste massive resources that the agency, the public, the parties and the Court have invested, and would very likely introduce sprawling new chapters to the long history of delay in curtailing the grave health and environmental consequences of power plant carbon pollution.”

Renewable energy trade groups said sending the cases back to the EPA would ensure that the agency goes through “reasoned decisionmaking.”

Even though the Clean Power Plan is unlikely to survive in its current form, on Monday, Virginia Governor Terry McAuliffe issued a directive to state air regulators to write a plan to cap power plant emissions and to allow companies to swap allowances “through a multistate trading program,” much like the Clean Power Plan.

“The threat of climate change is real, and we have a shared responsibility to confront it,” McAuliffe said. “As the federal government abdicates its role on this important issue, it is critical for states to fill the void.”

The order seems to lean toward linking to or joining the Regional Greenhouse Gas Initiative, a nine-state cap-and-trade system for power generators in the Northeast.

Arctic Council Declaration Stops Short of Reaffirming Signatories’ Paris Agreement Pledges

Last week the eight member nations of the Arctic Council released a consensus declaration that included references to climate change but merely acknowledged the existence of the Paris Agreement rather than reaffirming members’ commitment to it—a concession sought by the U.S. delegation (subscription).

At the two-day ministerial meeting in Fairbanks, which concluded the council’s U.S. chairmanship, Secretary of State Rex Tillerson reflected the Trump administration’s uncertain Paris Agreement stance, telling fellow council members that “In the United States we are currently reviewing several important policies, including how the Trump administration will approach the issue of climate change,” and adding that “We’re not going to rush to make a decision. We’re going to work to make the right decision for the United States.”

The joint agreement by the Arctic Council did not recommit its members to meet their pledges to the 2015 global accord to limit global warming increases.

In its preamble, the so-called Fairbanks Declaration merely noted “the entry into force of the Paris Agreement on climate change and its implementation” and reiterated “the need for global action to reduce both long-lived greenhouse gases and short-lived climate pollutants.”

The U.S. State Department said the statement should not be construed to require U.S. action.

“The Fairbanks Declaration notes what Paris claims to be,” said a State Department official. “It does not obligate the U.S. to enforce it.”

The declaration referenced the Arctic’s fast-rising temperatures and their threat to the region, noting that “The Arctic is warming at more than twice the rate of the global average” and calling climate change “the most serious threat to Arctic biodiversity.”