August 25, 2015 6:24 PM
EPA’s Clean Power Plan (CPP), which imposes carbon dioxide (CO2) emission rate targets and tonnage caps on state electric power sectors, is unlawful in at least half a dozen ways.
To mention just one flaw, Section 111(d) of the Clean Air Act, the CPP’s putative statutory basis, authorizes EPA to regulate “particular” “stationary sources,” not the wider marketplace, networked industry, or sector of which a source happens to be a part. Yet the CPP will compel states to revise their laws and regulations on electric dispatch policy, fuel mix policy, and demand-management policy.
EPA’s final CPP contains a key initiative not mentioned in the draft rule: the Clean Energy Incentive Program (CEIP). EPA added the CEIP to jumpstart investment in wind and solar power, assuring environmental groups and renewable energy interests the CPP won’t trigger a ‘dash to gas’ as it suppresses electric power generation from coal. In other words, the CEIP’s job is to make sure the Clean Power Plan rigs the marketplace against all fossil-fuel generation.
The CEIP is an early action credit program. By “early,” EPA means the CEIP authorizes states to award regulatory credits for renewable investments undertaken before the CPP compliance period (2022-2030). EPA will, in addition, award up to 300 million tons worth of extra credits to ‘early actors’ on a matching basis.
You might suppose EPA would explain the legal authority for a policy change potentially affecting hundreds of companies’ bottom lines. Yet neither the final CPP, the CEIP fact sheet, nor EPA’s proposed federal implementation plan discusses the CEIP’s statutory basis.
August 18, 2015 8:19 AM
In a January 17, 2008, interview with the San Francisco Chronicle, then-Senator Obama said that “electricity rates would necessarily skyrocket” under his plan to fight global warming. He also said that under his plan, “if somebody wants to build a coal-powered plant, they can; it’s just that it will bankrupt them.”
His latter wish seems to becoming a reality. Bristol-based coal producer Alpha Natural filed for Chapter 11 bankruptcy protection earlier this month. It follows many other coal companies, such as Walter Energy Inc., Patriot Coal Corp., and James River Coal Co., in filing for bankruptcy.
For fossil fuels, this may be just the beginning. The Obama administration’s Clean Power Plan is said to “accomplish little in the way of making any significant change in global emissions while simultaneously crippling the oil and gas industry and floating more ‘green energy’ plans which weren’t pulling their own weight.”
August 12, 2015 10:17 AM
What’s the main difference between EPA’s final rule to regulate carbon dioxide (CO2) emissions from state electric-power sectors—the so-called Clean Power Plan (CPP), released August 3—and the draft rule, published in June 2014?
“The media have focused on modest tweaks to non-binding national goals—emissions are now expected to drop 32 percent by 2030, versus 30 percent in the draft, and coal is expected to provide 27 percent of our power instead of 31 percent—but those aren’t the changes that matter,” argues Politico reporter Michael Grunwald.
What does matter? The changes to states’ legally-binding emission-reduction targets, which have “serious political implications.” The final rule is more aggressively anti-coal than the draft rule:
The original draft took it easiest on states with the heaviest reliance on dirty fossil fuels – states that nevertheless complained the most about Obama’s supposedly draconian plan. The final rule cracks down much harder on those states, while taking it much easier on states that are already moving toward cleaner sources of electricity.
Check out this excellent chart compiled by my colleague Alex Guillen. North Dakota would have been required to cut emissions just 10.6 percent to comply with the draft rule, the least of any state; it will have to cut emissions 44.9 percent to comply with the final rule, the most of any state except for similarly fossil-fueled Montana and South Dakota. Coal-rich Wyoming, Kentucky, West Virginia and Indiana were also among the biggest losers in the revised plan. Meanwhile, the states that are already greening their grid – led by Washington, Oregon and New York – were the biggest winners in the final rule.
Is there also a partisan thrust to this pattern? The title of Grunwald’s article calls the CPP a “whack at red states.” The article itself, however, does not use the terms “Red State” and “Blue State.”
So let’s look at how the draft and final rule targets compare in states won by Mitt Romney (“Red”) and those won by President Obama (“Blue”) in the 2012 presidential election.
August 4, 2015 6:46 PM
“Climate Rule Worse than We Thought,” Sen. John Barrasso (R-Wyo.) warned today in an email alert about EPA’s so-called Clean Power Plan (CPP). He explains:
The final rule cuts coal, which today provides about 39 percent of the country’s electricity, even more than the administration proposed in June 2014. The rule also relies heavily on renewables, which only provide five percent of energy today despite significant investments. And it eliminates the move to natural gas that created thousands of jobs across the country. This all means electricity bills will go up, and jobs will be lost.
July 31, 2015 12:41 PM
In 2010, during the 111th Congress, Senate Majority Leader Harry Reid shelved a cap-and-trade bill because too many Democrats opposed the bill during caucus meetings. And during his 2012 reelection campaign, President Obama conspicuously dodged speaking about climate change. Despite the failure of climate policy within his own party in the Senate, and after neglecting the issue altogether in 2012, President Obama in the summer of 2013 unveiled a far-reaching executive strategy for addressing global warming, known as the Climate Action Plan.
July 6, 2015 11:58 AM
Joel Kotkin has written an outstanding analysis posted on the Daily Beast of Pope Francis’s encyclical, Laudato Si’. I would quibble with certain details. For example, I think Francis is more influenced by Liberation Theology than by Argentina’s Peronist economy. And Kotkin’s historical account of the “Middle Ages” is based on outdated scholarship. But he is absolutely correct that the encyclical allies the Pope with radical Greens who hate capitalism and favor de-industrialization.
Here are several excerpts from Kotkin’s insightful article:
What makes the Pope’s position so important—after all, the world is rejecting his views on such things as gay marriage and abortion—is how it jibes with the world view of some of the secular world’s best-funded, influential, and powerful forces. In contrast to both Socialist and capitalist thought, both the Pope and the greens are suspicious about economic growth itself, and seem to regard material progress as aggression against the health of the planet.
Another flash point between papal concerns and those of their new best friends lies in addressing poverty. The Pope is correct in identifying inequality and poverty as major concerns, but it’s hard to say how green strategies—particularly when they make energy, housing, and industry far more expensive—actually alleviate the plight of the poor or the middle class. Ultimately the green platform seeks not to increase living standards as we currently understand them (particularly in high income countries) but to purposely lower them. This can be seen in the calls for “de-development,” a phrase employed by President Obama’s science advisor John Holdren for all “overdeveloped” advanced countries, in part to discourage developing countries from following a similar path.
Given the reluctance of still poor countries to further impoverish themselves, the burden of the Catholic-green alliance will necessarily fall on the middle and working classes. As we can already see in California (the state with the most draconian environment laws), long-term economic growth has been tepid, despite the occasional tech and property bubbles. At the same time, the state suffers not only among the highest unemployment rates in the country, but the highest level of poverty, when cost of living is addressed, and has become home to one-third of the nation’s welfare recipients.
This confluence of private interest, public power and the clerical class is suggestive of a new feudal epoch. Bankrolled by inherited money, including from the oil-rich Rockefellers as well as Silicon Valley, the green alliance has already shown remarkable marketing savvy and media power to promote its agenda. Now that their approach is officially also the ideology of the world’s largest and most important church, discussion of climate change has become both secular and religious dogma at the same time.
Vatican Downplays Political Involvement in Climate Debate While Joining Forces with Radical Leftist Naomi KleinJuly 1, 2015 7:28 PM
Kathryn Jean Lopez reports on NRO’s The Corner that Cardinal Peter Turkson downplayed the political intentions of Pope Francis’s encyclical, Laudato Si’, when he spoke to a “high level discussion” in New York City Tuesday night (June 30).
According to Lopez, Turkson said that the encyclical was, “Rather than a political or doomsday document, it’s a call to better stewardship.” Moreover: “He also insisted that Pope Francis is not against business and never puts them down in it or elsewhere but challenges business and technology to always be used to help the poor.”
Cardinal Turkson, president of the Pontifical Council for Justice and Peace and the Vatican’s point man on climate action, was apparently speaking to a group of prominent Roman Catholics, many of whom were probably concerned about what they had read about the papal encyclical. And apparently the cardinal thought that he could get away with what he said because few in the audience had read the encyclical.
But earlier in the day, the cardinal addressed the United Nations’ High Level Meeting on Climate Change, convened by UN Secretary-General Ban Ki-moon. To that very different audience, Cardinal Turkson had a very different message: “Overcoming poverty and reducing environmental degradation will require the human community seriously to review the dominant model of development, production, commerce and consumption…. Such a courageous review and reform will take place only if we heed ‘the call to seek other ways of understanding the economy and progress’ (quoted from paragraph 16 of the encyclical). The political dimension needs to re-establish democratic control over the economy and finance, that is, over the basic choices made by human societies.”
Much of what Cardinal Turkson said was in the political code used by leftist international bureaucrats. If anyone doubts that Pope Francis’s Laudato Si’ is a political rant that advocates dismantling modern industrial civilization, then consider the climate conference that the Vatican is hosting this week. Cardinal Turkson invited Naomi Klein to co-chair the conference.
June 30, 2015 11:06 AM
“In a 5-4 decision, the Supreme Court blocked the Environmental Protection Agency’s mercury and air toxics standards, charging that the administration failed to adequately consider the estimated $10 billion it would cost utilities to dramatically cut power plant pollution to comply with the measure,” reported The Washington Times yesterday.
While the question has been raised about the broader implications of the court’s decision on other EPA regulations, CEI’s William Yeatman, says there is not much broad impact.
As Reuter’s Lawrence Hurley reported:
"’The agency must consider cost - including, most importantly, cost of compliance - before deciding whether regulation is appropriate and necessary,’ Scalia wrote.
“The EPA says the rule, which went into effect in April, applies to about 1,400 electricity-generating units at 600 power plants. Many are already in compliance, the U.S. Energy Information Administration said.
“The legal rationale adopted by the court is unlikely to have broader implications for other environmental regulations, including the Obama administration's Clean Power Plan that would cut carbon emissions from existing power plants, according to lawyers following the case.
“William Yeatman, a fellow at the conservative-leaning Competitive Enterprise Institute, said the impact is ‘circumscribed’ due to the ‘narrowness and uniqueness’ of the legal provision the court was examining.”
As Kate Sheppard points out at The Huffington Post, the lower court now has the opportunity to revisit the case, meaning the rule could still go forward even as the EPA adheres to the Supreme Court’s decision.
June 4, 2015 11:45 AM
Environmental scientist Dana Nuccittelli accuses University of Alabama in Huntsville (UAH) atmospheric scientist John Christy of “manufacturing doubt about the accuracy of climate models” at a May 13 hearing before the House Natural Resources Committee. Nuccitelli claims Christy’s testimony “played rather fast and loose with the facts.” Those allegations are incorrect.
Christy offered a scientific perspective on the Obama administration’s “guidelines” (i.e. directive) for incorporating “climate change effects” in agency environmental reviews of proposed projects in National Environmental Policy Act (NEPA) proceedings.
Christy’s testimony argues that the state-of-the-art models informing agency analyses of climate change “have a strong tendency to over-warm the atmosphere relative to actual observations.” To illustrate the point, Christy provides a chart comparing 102 climate model simulations of temperature change in the global mid-troposphere to observations from two independent satellite datasets and four independent weather balloon data sets.
Christy reasonably concludes the models are not accurate enough to inform policymaking:
On average the models warm the global atmosphere at a rate three times that of the real world. Using the scientific method we would conclude that the models do not accurately represent at least some of the important processes that impact the climate because they were unable to “predict” what has occurred. In other words, these models failed at the simple test of telling us “what” has already happened, and thus would not be in a position to give us a confident answer to “what” may happen in the future and “why.” As such they would be of highly questionable value in determining policy that should depend on a very confident understanding of how the climate system works.
May 13, 2015 12:59 PM
Today the Competitive Enterprise Institute (CEI) showed its support of a new legislative effort to pushback against the “Clean Power” Plan. Introduced by U.S. Senator Shelley Moore Capito (R-W.Va.), the ARENA Act is new greenhouse gas legislation that will be addressed today at a press conference on Capitol Hill.
Myron Ebell, CEI’s director of the Center for Energy and Environment said:
CEI strongly supports Senator Capito's bipartisan legislation and other efforts to block the Environmental Protection Agency's so-called ‘Clean Power’ Plan. The EPA's proposed regulations go far beyond the authority Congress delegated in the Clean Air Act. If fully implemented, the regulations will raise energy prices in States where electricity is still affordable into copies of California's failing economy.
See more on CEI’s work on related topics here.