Politics

The Attorneys General of California, Connecticut, Iowa, New Jersey, New York, Vermont, and Wisconsin, and the Corporation Counsel of New York City filed a complaint July 21 in federal district court in Manhattan that alleges that five leading electric power generators had created a public nuisance by emitting carbon dioxide and thereby contributing to global warming. 

The taxpayer-financed lawyers are not seeking monetary damages but rather an abatement order requiring the utilities to reduce their emissions.  Connecticut Attorney General Richard Blumenthal said at a press conference that their aim was to, Save our planet from disastrous consequences that are building year by year and will be more costly to prevent and stop if we wait.  Mr. Blumenthal also told reporters to, Think tobacco, without the money.

The complaint alleges that the States are suffering and will suffer damage from global warming in the form of heat-related deaths, sea-level rise, injuries to water supplies, injuries to the Great Lakes, injuries to agriculture in Iowa and Wisconsin, injuries to ecosystems, forests, fisheries and wildlife, wildfires in California, economic damages, increased risk of abrupt climate change, and, Injury to States Interests in Ecological Integrity.

The companies targeted are American Electric Power Co., Southern Co., Xcel Energy Inc., Cinergy Corp., and the federal Tennessee Valley Authority.  The complaint uses various statements and admissions by these companies that global warming is a problem that they want to do something about as proof that they manage and control the emission of carbon dioxide.

Only Xcel through its subsidiary Northern States Power of Wisconsin provides electricity to customers in any of the States that have filed suit.  Perhaps recognizing that they are on tenuous legal ground with their federal complaint, the complaint also includes specific complaints for each state, making the litigation a complex matter.

Initial reaction to the lawsuit has not been favorable beyond radical environmental groups.  Even some supporters of action to curb carbon dioxide emissions criticized the suit.  Eileen Claussen, the president of the Pew Center on Global Climate Change, told the New York Times (July 22) that she found the suit, Slightly perverse.  Of course, we need a national program and of course, we need some legislation.  The real question is, does this help you get there?  It’s not clear to me that this lawsuit will help.

Initial response from newspapers was also unenthusiastic.  The San Jose Mercury News (July 22) called the complaint a cheap shot and noted, Generation by a public utility is about as regulated as an activity can be.  Utilities are not only permitted to produce electricity, they’re also obligated to.  So any ill effects from an operation that has been approved from the local to the federal level can’t be laid at the feet of the utilities alone.

The Cincinnati Post (July 22) was equally unimpressed.  It satirized Rhode Island Attorney General Patrick Lynchs statement that, It’s imperative that we confront those responsible for unleashing an invader with the power to wreak unspeakable havoc on our climate and to damage, and destroy, our ecosystems as follows: Good golly.  If fossil-fueled power plants are that much of a public nuisance, maybe we’d better shut them down right now.  That might reduce Rhode Islanders to living off whatever fish they can catch with a net, but it would take care of that invader.

As the Associated Press reported on July 3, the newly-published draft of the Democratic Party platform for the November elections has dropped its Gore-era reference to embracing the Kyoto Protocol.

In 2000, the platform contained this statement: In 1997, we negotiated the historic Kyoto Protocols, an international treaty that will establish a strong, realistic, and effective framework to reduce greenhouse emissions in an environmentally strong and economically sound way.  We are working to develop a broad international effort to take action to meet this threat.  Al Gore and the Democratic Party believe we must now ratify those Protocols.

The current draft contains no reference to ratifying Kyoto.  Instead, it has these two mentions of climate change:

We will reduce mercury emissions, smog and acid rain, and will address the challenge of climate change with the seriousness of purpose this great challenge demands.  Rather than looking at American industries only as polluters, we will work with the private sector to create partnerships that make a profit and a cleaner world for us all; and,

We know that America‘s fight for a healthy environment cannot be waged within our borders alone.  Environmental hazards from around the globe reach America through the oceans and the jet streams encircling our planet.  And climate change is a major international challenge that requires global leadership from the United States, not abdication.  We must restore American leadership on this issue as well as others such as hazardous waste emissions and depleted fisheries.

The full platform can be read at http://www.democrats.org/platform/ .

In remarks delivered at a press conference marking the end of the extraordinary meeting on climate change science in Moscow (July 7-8, see Science section below), Russian economic adviser Andrei Illarionov had the following to say about his countrys stance on Kyoto:

When we see one of the biggest, if not the biggest international adventures based on man-hating totalitarian ideology which, incidentally, manifests itself in totalitarian actions and concrete events, particularly academic discussions, and which tries to defend itself using disinformation and falsified facts.  It’s hard to think of any other word but “war” to describe this.

 To our great regret, this is a war, and this is a war against the whole world.  But in this particular case, the first to happen to be on this path is our country.  It’s unpleasant to say but I am afraid it’s undeclared war against Russia, against the entire country, against the left and the right, against the liberals and the conservatives, against business and the Federal Security Service, against the young and the old who live in Moscow or in provinces.  This is a total war against our country, a war that uses all kinds of means.

The main prize in this war for those who have started it and who are waging is the ratification by Russian authorities of the Kyoto Protocol.  There is only one conclusion to be made from what we have seen, heard, and researched:  Russia has no material reasons to ratify this document.  Moreover, such a ratification would mean only one thing:  complete capitulation to the dangerous and harmful ideology and practice that are being imposed upon us with the help of international diplomacy.

 This is not a simple war.  Like any war, it cannot be easy and simple.  Regrettably, like any war, it has its losses and victims, and we must understand that.  The main thing is that we have now obvious evidence that we have got over the past two days, although we had some hints before that time, and it was the approach to Russia practiced by some people attending the seminar, an approach to Russia as a kind of banana republic, an approach to a country that is not a colony yet but about to become it as soon as it ratifies the document.  At least we now know how people in colony feel towards other people who are trying to make them a colony.

And maybe the last touch.  During the discussion of the economic impact of the ratification of the Kyoto Protocol and of when Russia will achieve the 1990-emission level, one of the representatives of this official British team of scientists and government officials said quite bluntly:  Russia cannot expect an increase in the population; on the contrary, the population will decrease.  And as long as you reduce your population, you can meet the Kyoto Protocol requirements.

Dr. Illarionov also clarified President Putins statement on Kyoto, telling a reporter, I will permit myself to remind you of the words said by President Putin.  President Putin has never said that he supported the Kyoto Protocol.  President Putin said on May 24, 2004 that he supported the Kyoto process.

Democratic Party candidates for open Senate seats in Alaska, Louisiana, and Oklahoma have said they would push fellow Democrats to support opening Alaska’s Arctic National Wildlife Refuge to oil drilling if they win in November.

In Alaskas Senate race, former Gov. Tony Knowles (D) has attacked incumbent Sen. Lisa Murkowski (R) for not doing enough to secure ANWR exploration.

In Oklahoma, Rep. Brad Carson (D) hopes to replace incumbent Sen. Don Nickles (R) who is retiring in January.  Carson recently stated, Having Democrats willing to stand up for strong energy policy will make a difference.  He added, We have to take the partisanship out of the issue.  While there are no guarantees, our voices are really important if ANWR is going to happen.

In Louisiana, Rep. Chris John (D) a pro-ANWR drilling candidate has won the support of retiring Sen. John Breaux (D).  The state ranks in the top five nationwide in production of both oil and natural gas, and the industry contributes billions of dollars to the state’s economy each year (Greenwire, July 9, 2004).

The British scientific establishment reacted so badly to dissenting voices at a Moscow conference on climate change science that they disrupted the event.  The two-day seminar, entitled Climate Change and the Kyoto Protocol, had been organized by the Russian Academy of Sciences and was chaired by distinguished climatologist Yuri Izrael, a Vice-Chairman of the Intergovernmental Panel on Climate Change. 

On being informed that the program would include contributions from scientists who question the effects of global warming, such as Richard S. Lindzen of the Massachusetts Institute of Technology, Nils-Axel Morner of Stockholm University, and Paul Reiter of the Pasteur Institute, the British delegation, led by Sir David King, objected to their inclusion.  They first delayed the conference, then asked British foreign secretary Jack Straw to exert political pressure in an effort to get the program changed.  When this failed, there were reports that the conference was disrupted on at least four occasions (one reporter asked why security guards did not intervene).  In the end, Sir David, who is on record as judging global warming a worse threat than terrorism, walked out. 

Peter Cox of the U.K.’s Hadley Centre for Climate Prediction and Research attempted to justify the British actions by telling Science magazine (July 16), We knew that we would not get to the scientific issues if we went down every rabbit hole of skepticism.

During the conference, Paul Reiter used a simple experiment to demonstrate the low relevance of climate to the spread of malaria.  He said, When I asked whether any of the Russian Academicians at the symposium had had malaria, nearly all raised their hands.  Several had contracted the disease in Siberia!

The French newspaper Le Figaro in reporting the controversy (July 16) commented, The clash was more than a minor diplomatic incident because it revealed a form of intellectual bullying that is beginning to dominate the scientific community on the question of climate change.

At a time when SUVs are rapidly growing in popularity in Europe and several auto manufacturers, including Volkswagens Audi and General Motors Opel, have plans to launch new models, the vehicles have come under legislative and rhetorical fire in both France and the United Kingdom.

France is imposing a new tax on vehicles that emit the most greenhouse gases ranging from €1600 to €3200. This tax is aimed primarily at SUVs, but includes large passenger cars as well. Smaller vehicles that still emit the gases will be taxed from €400 to €800, while purchasers of “clean” cars will be given a tax break ranging from €200 to €700.

In the United Kingdom, Professor David Begg, chairman of the Commission for Integrated Transport, an independent advisory body to the Government, has said that the current average tax on SUVs of 165 ($421) per year is too low. He recommends raising that three- or fourfold to reduce greenhouse emissions by “giving customers a disincentive for buying such cars.” According to the Wall Street Journal (July 7), “The number of SUVs on UK roads is about 200,000, up 40 per cent from five years ago, Begg said. The government’s got to act for what’s right for society generally, rather than a really small percentage of car owners, he said.”

The authorities in the capital cities of both countries reflect their national governments attitudes. The Paris City Council has proposed banning all SUVs from the city in order to reduce congestion (although such an act would likely prove illegal), while recently re-elected Mayor of London has called people who drive SUVs in London “complete idiots.”

The attempt by Senators Joe Lieberman (D-Conn.) and John McCain (R-Az.) to get another floor vote on their proposal to cap greenhouse gas emissions has been delayed yet again. McCain said that they intended to offer part of their energy rationing proposal as an amendment to the class action liability reform legislation before the Senate this week. However, Senate Majority Leader Bill Frist (R-Tenn.) warned that he was determined to keep non-germane amendments from encumbering the bill and then on July 7 filed a cloture petition to end debate and bring the measure to a vote.

If cloture fails, then the Senate will drop consideration of the bill and move on to other bills that are less suitable vehicles for the Lieberman-McCain amendment. If cloture is invoked, then the rule will not allow the amendment. It is quite possible that no vote will occur before the August recess and the Senate may be too busy with appropriations bills in the fall to have time to consider it.

S. 139, the so-called Climate Stewardship Act, would cap greenhouse gas emissions at 2000 levels by 2010 and at 1990 levels by 2016. The amendment would likely include only the first phase of reductions. A similar amendment was defeated on October 30, 2003 by a 55 to 43 vote.

Greenwire reported on July 7 that, “In pursuing the vote, McCain is following the same strategy he used to ultimately secure passage of campaign finance legislation after a bruising struggle that lasted nearly a decade. The goal, he said, is to keep the issue alive and make sure we get everyone on record.” McCain added, “It’s an old strategy of mine: Force votes on the issues. Ultimately, we will win.”

However, currently it appears that the measure would be lucky to get 43 votes in a second vote. Senator Ben Nelson (D-NE) missed the first vote, but has announced that he will vote no. Senator John Edwards (D-N.C.) missed the first vote and is likely to miss a second now that he is campaigning for vice president. The presumptive Democratic presidential nominee, Senator John Kerry (D-Mass.), voted yes last fall, but is likely to miss a second vote as well. That puts the status quo at 56 to 42.

Several environmental groups are conducting major grassroots lobbying efforts to pressure several Senators to change their votes. Environmental Defense has a special fundraising appeal on its web site to “keep the heat on” called the 51 Club, which has raised $752,644 as of July 7. Targeted Senators include Mike DeWine (R-Ohio), Mary Landrieu (D-La.), Blanche Lincoln (D-Ark.), David Pryor (D-Ark.), and Ben Nelson.

The Competitive Enterprise Institute submitted comments on July 7 to the California Air Resources Board (CARB)s draft proposals to reduce greenhouse gas emissions from new automobiles in the State. Marlo Lewis, senior fellow at CEI, argues first that the proposals are fuel economy regulation by the back door:

“The main greenhouse gas emitted by motor vehicles is carbon dioxide (CO2), an inescapable byproduct of the combustion of gasoline and other carbonaceous fuels. Because commercially proven technologies to filter out or capture CO2 emissions from gasoline-powered vehicles do not exist, the most feasible way to implement AB 1493 is via regulations increasing vehicle miles traveled per unit of fuel consumedin other words, via fuel economy regulations.

“However, as CARB is surely aware, the federal Energy Policy Conservation Act of 1975 preempts state action in the field of automobile fuel economy regulation. A law that effectively and significantly requires automakers to increase fuel economy is a fuel economy mandate, however named.”

Lewis also argues that the proposals impose costs without benefits: “The “maximum feasible” greenhouse gas reductions contemplated by AB 1493 are also supposed to be “cost-effective.” However, no regulation devised by CARB can be cost-effective, because no statewide program can effectively address the alleged problem of global warming from anthropogenic greenhouse gases.

“Tom Wigley of the National Center for Atmospheric Research calculated that full implementation of the Kyoto Protocol by all industrialized countries, including the United States, would avert only 7/100ths of a degree C of global warming by 2050too small an amount for scientists reliably to detect. Any greenhouse gas reductions from a single sector within a single State would have even less effect on atmospheric CO2 concentrations and, hence, on global climate change. Therefore, a CARB-administered AB 1493 program can have no discernible benefit to people or the planet. Yet the program will have measurable costs: up to $1,047 in additional expense for category 1 passenger car/light duty trucks and $1,210 for category 2 light duty trucks, according to CARB [page iii]. A program with substantial consumer costs and no detectable benefits is not cost-effective.”

Finally, CEI points to the cost imposed by the proposals on the consumer: “To help policymakers design “climate friendly” transportation systems, the Pew Center on Global Climate Change recently published a report, by David L. Greene of Oak Ridge National Laboratory and Andreas Schafer of MIT, entitled Reducing Greenhouse Gas Emissions from U.S. Transportation. The Pew report openly calls for fuel economy measures to reduce greenhouse gas reductions. However, the authors reveal that fuel economy mandates tend to impair consumer welfare.

“Citing the NRC fuel economy report and other relevant literature, Greene and Schafer estimate that the “present value of fuel savings for a typical passenger carincreases to $1,000 at $34 mpg and $2,000 at 44 mpg” over a “14-year vehicle life cycle.” However, fuel economy improvements also increase the sticker price of new cars, so much so that the “net value to the consumer (fuel savings minus vehicle price increase) is relatively modest, increasing to a maximum of about $200 at 33 mpg and decreasing to zero at 39 mpg.” But, that modest gain occurs only over the cars full 14-year life cycle. Most people sell or trade in their cars before 14 years. The survey literature suggests that most consumers will not invest in higher fuel economy unless they expect a payback in 2.8 years. Thus, for most consumers “no net savings are available from increasing fuel economy.” Indeed, Figure B on page 15 of the Pew report indicates that, as fuel economy increases to 37 mpg, the typical consumer loses $500 in net value.”

Lewis concludes by urging CARB to “brief Governor Schwarzenegger and the California legislature on the practical and legal impossibility of carrying out its mandate.”

In a remark sure to anger European Greens, British Prime Minister Tony Blair has said that he is so serious about tackling global warming that nuclear power needs to be considered as an energy source.

In remarks to a committee of the British House of Commons on July 6, he said that American sources were admitting that global warming might be a problem, “Butwhy is nuclear power ruled off the agenda? That’s where they do have the point.” He went on, “It’s not sensible for us to say…we are just shutting the door. You can’t remove it from the agenda if you are serious about climate change.”

Blair pointed out that “whatever the famed British influence” on America, he had proved unable to persuade the U. S. to adopt the Kyoto Protocol and rightly stressed that the Congress is more important on this subject than the President. The friendly nature of his remarks about the United States also hints that suggestions (including some from his own civil servantssee last issue) that he planned to use the issue of global warming to engineer a rift with America next year are exaggerated.

Blair did, however, suggest that India and China, fast becoming major emitters of carbon dioxide, would need to be more involved in finding ways to reduce emissions. Both countries have stated that they will not accept restrictions on their emissions. Indias Congress Party won a surprise victory in their recent election partly on the basis of a promise to bring electric power to the nations millions of poor. There is currently no way for this to occur using renewable energy (Reuters, July 5).

Rhode Island and Hawaii enacted renewable portfolio standards for electric utilities in June. The Maryland legislature also passed a renewable portfolio standard bill by a veto-proof margin.

Rhode Island enacted a law requiring electricity retailers to include an increasing renewable portfolio in their sales. By December 31, 2006, they will be required to source 3 percent of their sales from renewable energy, with the amount increasing in subsequent years. The legislation is designed to encourage new renewable energy sources (only 2 percent may come from existing sources) and can be read at http://www.rilin.state.ri.us/BillText/BillText04/HouseText04/H7375A.htm.

Hawaii enacted a law imposing a renewable portfolio on the states public utilities in increasing amounts until 2020. The first milestone is a requirement of 8 percent by the end of 2005. The law does, however, allow the utilities to miss the target if they cannot meet it in a cost-effective manner. It can be found at http://www.capitol.hawaii.gov/sessioncurrent/bills/SB2474_hd2_.htm.

The Maryland legislature passed a renewable portfolio standard for the states electricity retailers by a veto-proof margin. Electricity suppliers must produce 1 percent of their electricity from “Tier 1” renewable resources in 2006. The requirement will rise by 1 percent every two years, reaching 7 percent in 2017. Tier 1 includes solar, wind, ocean, qualifying biomass, geothermal, landfill or wastewater methane, renewably-fueled fuel cells, and small hydroelectric plants.  In addition, 2.5% of the portfolio each year must be generated by either Tier 1 or Tier 2 resources, until 2017, when all renewable generation must be from Tier 1.  Tier 2 includes hydroelectric power, incineration of poultry litter, and waste-to-energy. The bill can be read at http://mlis.state.md.us/2004rs/bills/hb/ hb1308e.rtf.

The Western Governors Association approved a resolution unanimously that established a feasibility study into providing 30,000MW of clean energy by 2015 and a 20 percent improvement in energy efficiency by 2020. The full resolution can be read at http://www.westgov.org/wga/policy/04/clean-energy.pdf.