The Obama administration’s climate agenda is a greenhouse of cards. The jerry-built structure has three stories, floors, or levels. It is unlawful from top to bottom.
The top floor is the Kyoto Protocol-successor treaty that President Obama wants 190-plus nations to adopt at the upcoming COP 21 climate conference in Paris. The final form of the pact is anybody’s guess, but the European Union advocates a treaty reducing global greenhouse gas emissions 60% below 2010 levels by 2050. As explained previously on this blog, actual implementation of the EU’s 60-by-50 target would be a humanitarian disaster for the world’s poor countries.
The floor beneath the climate treaty is EPA’s so-called Clean Power Plan (CPP), which aims to “aggressively transform” and “decarbonize” the U.S. electric power sector. The CPP underpins the treaty because it is the core of Obama’s emission-reduction pledge (the U.S. Independently Determined National Contribution, or INDC) in the COP 21 negotiations. Even with the CPP, Obama’s current and planned climate policies fall far short of his pledge to reduce U.S. emissions 26%-28% below the 2005 level by 2025. Without the CPP, the U.S. negotiating position becomes a farce.
The bottom floor is EPA’s so-called Carbon Pollution Standards (CPS) for new coal and natural gas power plants. The CPS rule is a prerequisite for the CPP, because EPA may not lawfully impose emission performance standards on “existing” stationary sources under §111(d) of the Clean Air Act unless it first (or concurrently) imposes performance standards on “new” sources under §111(b).
Let’s briefly examine why Obama’s three-tiered climate action plan is doomed to collapse–unless, as in the Obamacare cases, courts decide presidential legacy policies are too big to fail. [click to continue…]