Today, EPA Administrator Stephen Johnson announced that EPA would respond to the Supreme Court global warming case, Massachusetts v. EPA, by issuing an Advance Notice of Proposed Rulemaking (ANPR) to solicit public comment on a range of complex issues. 

Before finalizing its response to the Court, EPA must figure out how recent statutory changes in EPA’s responsibility regarding fuel economy and renewable fuel standards would affect the setting of auto emission standards for carbon dioxide (CO2) and other greenhouse gases–a possible outcome of Mass v. EPA.

Above all, EPA must sort out how setting CO2 tailpipe standards might affect “many sources beyond just the cars and trucks considered by the Court, including schools, hospitals, power plants, aircraft, and ships.”

Indeed, as CEI and several of its free-market brethren explained in a recent amicus brief and in coalition letters to President Bush and Senator Dianne Feinstein, EPA regulation of CO2 from new cars and trucks under Section 202 of the Clean Air Act could compel the agency to regulate CO2 emissions from potentially hundreds of thousands of small- to mid-sized farms, factories, and buildings under the Act’s Prevention of Significant Deterioration (PSD) program–a result Congress clearly did not intend when, in 1970, it enacted Section 202, a provision dealing solely with emissions from new motor vehicles.

Congressional reaction to EPA’s decision to proceed with the “appropriate care and attention this complex issue demands” rather than “rushing” to regulate CO2, was predictable.

Senate Environment and Public Works Chairman Barbara Boxer (D-CA) stated:  ”For nearly eight years, this Administration has tried to duck its obligation to address global warming pollution. A year ago, the Supreme Court ruled that greenhouse gases are covered under the Clean Air Act. Now, instead of action, we get more foot-dragging.” 

Two quick comments. First, as a technical matter, EPA did not receive an official remand from the Court of Appeals, where the case originated, until September 14, 2007.  Second, and more importantly, it wasn’t until December or thereabouts that EPA began to understand the enormity of the regulatory burden it might inadvertently unleash by rushing to set CO2 standards for motor vehicles.

The first wake up call came from attorney Peter Glaser in testimony (November 8, 2007) before the House Committee on Oversight and Government Reform. The U.S. Chamber reinforced Glaser’s message in a December 12, 2007 open letter to Congress. The free market coalition also weighed in via the aforementioned letters to President Bush (Dec. 16, 2007) and Sen. Feinstein (Feb. 20, 2008).

You’d think by now Sen. Boxer would get it. Maybe she does. Maybe what really bugs her is that the Bush administration today narrowly avoided a public policy disaster. Just think, if EPA had rushed to set CO2 standards for new cars and trucks, the ensuing regulatory cascade could have given us the equivalent of a dozen Kyoto Protocols, yet without Sen. Boxer or any of her allies on the Hill voting for it or taking responsibility for the economic fallout.  It would all have been George Bush’s mess. How convenient for them!

Thanks to Administrator Johnson’s decision, Boxer can no longer pretend that Mass v EPA is just about minor tweaks in new-car fuel economy standards. If she wants to regulate auto emissions, she must also accept responsibility for the broader and heavier regulatory burdens this could impose on the U.S. economy. No wonder she’s irked!

Ed Markey (D-CA) responded flippantly to Johnson’s ANPR letter: “The ‘A’ in this document should stand for ‘absurd.’ … This cynical step by EPA to announce an ‘Advanced Notice of Proposed Rulemaking’ in the coming months should be seen for what it is: an “Aspirational Notice of Procrastinational Rulemaking’.” Markey has no excuse for spouting such drivel. He understands full well the regulatory morass EPA could create if it followed his advice, because Peter Glaser explained it to him in testimony just two weeks ago. 

A profoundly ill-conceived decision by the European Union leaders on March 14 could pave the way for a global trade war over climate policy. The decision opens up the possibility for the EU to impose trade barriers on countries with a less ambitious climate agenda than the EU. The risk of “carbon leakage” can be allowed to trigger compensatory tariffs on products imported from countries outside of the EU's emission trading system. Sadly, the decision satisfies a cynical alliance of environmentalists and Europe's energy intensive industry.

The West's next weapon in the fight against global warming may be a carbon tariff on imports from the developing world, a strategy that could have a profound impact on the global economy, a new report argues.

Pepsi is the newest corporation to “go green,” earning media praise while promising to “do well by doing good.” But environmentalism for profit requires the tricky game of lobbying, which makes some PepsiCo investors worried that the corporation is in over its head.

On the eve of the New Hampshire primary, while other Republicans were talking about taxes, the economy or immigration, Sen. John McCain, R-Ariz., was talking about the environment.

"I will clean up the planet," he told a group of Concord voters. "I will make global warming a priority."

McCain and Warming   [Iain Murray]

With the Presidential election looking closer than would have been thought possible a few months ago, it is worth examining just where Sen. McCain stands policywise on global warming at the moment.  An IBD article today looks at his position and how it leaves both sides of the debate cold.  The article quotes McCain's policy chief, Douglas Holtz-Eakin, who is a smart guy, as saying that a detailed proposal is months away, but it would contain two main elements: a cap n' trade plan and a Kyoto II that would include India and China.

The latter is, at the moment, politically infeasible if it includes mandatory reductions from those countries, while the former is either going to be an ineffective subsidy to energy companies that manages to increase prices to the consumer, as has been the case in Europe, or the equivalent of a disguised carbon tax, with significant penalties on the red states (as discussed earlier), depending on whether permits are allocated or auctioned.  Moreover, if you look at the last bill Sen. McCain proposed with Sen. Lieberman that included a cap n' trade element, it would have very little effect on climate, at high cost.  Marlo Lewis worked out that the bill would avert at most 0.03 degrees C warming by 2050, at a total cost to the economy of $776 billion.

Nevertheless, as my colleague Myron Ebell pointed out in the IBD article, a President McCain would have a very good chance of getting his proposal through Congress:

"The Republicans in Congress will not be able to oppose a President McCain. The leadership in both Houses will follow him," Ebell said. "If it is a President Obama or Clinton, Republicans will have every reason in the world to say, 'We're gonna fight this.'"

Finally, I think it's worth saying that, just as subsidies to oil companies should be opposed, McCain's proposal for a $3.7 billion subsidy to the nuclear industry is objectionable.  The nuclear industry would be better served by reducing the irrational regulatory barriers that prevent nuclear competing properly with coal, natural gas and other renewables rather than bribing it to put up with them.

 

It was derided, feared and dying – but now it promises to return stronger than ever

A union-sponsored conference on the future of the nuclear industry might once have attracted a few dedicated insiders and PR managers, perhaps to one of the miserably utilitarian buildings around Sellafield.

A two-day bilateral summit is to culminate today (27 March) with the signing of a new accord that will see France help the UK develop a new generation of nuclear power stations.

Given that Kyoto is not enforceable on its own terms (Article 18), those who argue that we must ratify it because “everyone is doing it” must face the difficult fact that, actually, they aren’t doing it. Europe hasn’t had to pay for its broken promises and shifting emissions-reduction targets. The U.S. is the only nation whose courts could have forced the government to meet the terms of the treaty. That threat surfaced thanks to an earlier decision by the Court — which caused great distress to conservatives — under which treaties were considered not merely on a par with domestic laws, but superior to them in cases where the two conflict. Under Medellin, it now seems feasible that the U.S. could ratify Kyoto and, if lawmakers lacked the political will to adopt implementing legislation, green pressure groups could not sue their way to compliance.

One might argue: if two-thirds of the Senate were to approve a Kyoto-type treaty, that would demonstrate the political will to actually impose the restrictions that such a treaty calls for. I suggest that these steps remain quite different animals: the first involves feel-good press releases announcing bold action to join an international consensus for the sake of our children and grandchildren; the second — the implementing legislation — involves pesky Congressional Budget Office public estimates of the extraordinary costs.

Remember, Congress has had the option of imposing Kyoto-type legislation sans treaty for a decade — and certainly for the past 14 months while a Democratic majority has held the reins. When they were in the minority, Democrats bayed incessantly about how hearings were an irresponsible delay tactic and waste of time and that we must act now! Their present-day muttering about test-votes and gestures in anticipation of next year speak for themselves.

Apologists claim that fear of a Bush veto is the reason for Congressional Democrats’ inaction on climate-change legislation — an argument I’ve answered here; their real fear is advertising the costs of their preferred climate action.

In sum, Medellin offers no threat and possibly some succor for us anti-Kyoto types.

Tuesday’s New York Times ran an op-ed by sociology professor Monica Prasad, "On Carbon, Tax and Don’t Spend," which singled out Denmark as a model for how the U.S. should proceed on carbon-dioxide regulation. I have watched Denmark’s policies with particular interest — since marrying a Dane, and now having two little half-Danes here and a host of family there — and have been a regular visitor to that country.

Denmark’s domestic press hangs its head quite a bit over the fact that the proudly “green” country (home to the European Environment Agency) is among Europe’s biggest Kyoto violators — a failure facilitated by the absurd promise made by Socialist minister Sven Aukend to match whatever reductions Germany promised (-21% below 1990, averaged over 2008-2012), despite the fact that Denmark did not have the luxury of shutting down filthy Jutland industrial capacity as Germany did, post-reunification.

Therefore certain of the piece’s claims struck me as a bit of a surprise — for example: “The one country in which carbon taxes have led to a large decrease in emissions is Denmark"; and “Denmark accomplished this while posting a remarkably strong economic record and without relying on nuclear power.”

Something smelled a little rotten in this cheerleading, as I know full well that the Danes benefit from Swedish nuclear power, despite also regularly banging on about how the Swedes need to shut down the reactor just across the Straight. Then again, who are we to begrudge them such hypocrisy, with California being so bossy while relying on atoms smashed and coal burned in other states?

So I turned to the World Nuclear Association. Suddenly the bloom falls off the morally superior rose.

"The 7.64 billion kWh [NB: that equals > 16% of how much electricity DK produces on its own, domestically] imported from Sweden in 2005 is almost half nuclear and half hydro, the power (5 billion kWh in 2003, 0.6 billion kWh in 2005) imported from Germany is largely generated by brown coal and nuclear power (Germany itself imports 15 to 20 billion kWh/yr from France, which is 80% nuclear)…

Conclusion:

Nuclear power provides an essential part of Denmark's electricity…Using 2005 data, with production of 36.3 TWh, consumption of 34 TWh, exports of 12.9 and imports of 10.4 from Germany and 0.7 from Sweden, it would seem that 3 TWh used is nuclear, about 9% of total."

So much for not relying on nuclear. The U.S. also relies on nuclear, for about twice Denmark's percentage of its electricity. But we also have not (yet) embraced Denmark’s windmill boondoggle, that after hundreds of millions of dollars leaves them “selling” wind to the Swedes for about 0 cents per Kwh.

What about this notion that a carbon tax caused Denmark’s emissions to drop? I turned to the European Environment Agency for a little straight talk — something you won’t hear me say very often. According to Denmark’s submission to the EEA, Denmark's main emissions-reduction strategy is to import electricity rather than create it.

About its "Past emissions: Denmark’s GHG emissions were 6.3 % below those of 2004 and 7.8 % below base-year levels in 2005. The main factor for decreasing emissions with regard to 2004 was a decrease of fossil fuel combustion in electricity and heat production partly due to higher electricity imports."

About their projected 2010 emission total of 20.6 MMT: "*The Danish Energy Authority estimates that approximately 5.0 of the 20.6 million tones CO2 annually will be offset by increased electricity exports based on the calculation assumptions of the climate strategy."

Ms. Prasad’s claim is false: a carbon tax didn't cause the Danes’ emissions to drop; almost the entire reduction came in one year and as a result of importing electricity, i.e., paying someone else to emit CO2.

It also turns out that the carbon tax Ms. Prasad praises is just one of five taxes cited in the seven "measures" Denmark cites: mineral oil tax, gas tax, coal tax, electricity tax, CO2 tax, (the sixth being Emissions Trading Schemea tax; and the seventh, the wealth transfer of buying JI and CDM credits). These come on top of a vehicle-registration tax touted as a GHG-reduction scheme that doubles the price of cars — the joke in Denmark is that it's a good thing that they don't have all the cars they've paid for; not to mention another GHG tax on HFCs, a weight- and volume-packaging tax, and a waste tax, among the other measures.

Meanwhile, of course, the European Parliament and Commission are busy trying to find ways to impose EU-wide taxation to install a “Kyoto tax” on top of all the other taxes that have, as we know, failed to reduce EU member-state emissions.

In truth, cap-and-trade means cap, trade and tax. Answering the NYT's false claims only confirms that.