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.”

Upcoming U.S. Decision on Paris Agreement Overshadows Climate Talks, Arctic Council Meeting

The Nicholas Institute for Environmental Policy Solutions at Duke University

On Tuesday, the White House postponed a scheduled meeting of officials to discuss the fate of the Paris Agreement, which business leaders and the international community (subscription) have pressed U.S. President Donald Trump to continue to support and which Trump’s conservative allies have urged him to exit. The decision will now come after the Group of Seven summit in late May.

The president’s potential rejection of the agreement loomed over both this week’s intersessional climate talks, held under the auspices of the United Nations Framework Convention on Climate Change in Bonn, Germany, and the two-day Arctic Council ministerial meeting, where there’s anxiety that Trump’s dismissal of the science backing climate change will mean that the customary declaration on Arctic priorities will have to weaken wording (subscription) on Paris-related emissions targets and their impact on the Arctic.

The administration’s ambivalence toward the Paris Agreement was signaled by the number of U.S. representatives at the Bonn climate talks, which are focused on implementing the details of the deal to combat climate change. According to a list of registered participants, the U.S. government sent just seven representatives to the meeting—one fewer than Tonga and dozens fewer than the Obama administration sent to last year’s talks.

The U.S. State Department said the small team reflects the fact that the United States is working out its climate priorities.

“We are focused on ensuring that decisions are not taken at these meetings that would prejudice our future policy, undermine the competitiveness of U.S. businesses, or hamper our broader objective of advancing U.S. economic growth and prosperity,” a spokesperson said.

During his presidential campaign, Trump promised to “cancel” the Paris Agreement. He has already begun to reverse regulations implemented by the Obama administration to help meet the U.S. pledge to reduce emissions by 26–28 percent compared to 2005 levels by 2025. U.S. action to make good on that pledge will come under review as part of the multilateral assessment process that will take place May 12–13 at the Bonn meeting.

Proponents of the Paris Agreement worry that without the participation of the United States, the second largest global emitter behind China, meeting the agreement’s goal of keeping temperature increases under 1.5 Celsius compared with preindustrial levels will be impossible and that a U.S. withdrawal from the deal would make it harder for other countries to maintain their ambitions. In his budget proposal, Trump is seeking to cut an outstanding $2 billion pledge to the Green Climate Fund.

Although continued U.S. participation in the global climate accord remains a question mark, Washington will not withdraw from participation in climate science on the Arctic. That was the word from the State Department’s assistant secretary for oceans and international environmental and scientific affairs, David Balton, ahead of the biennial Arctic Council ministerial meeting hosted by Secretary of State Rex Tillerson in Fairbanks, Alaska.

“The U.S. will remain engaged in the work the Arctic Council does on climate change throughout,” said Balton. “I am very confident there will be no change in that regard.”

During the meeting, members are expected to sign off on a report by the council’s Arctic Monitoring and Assessment Programme showing that the worst effects of climate change are already happening in the Arctic and could have significant implications for the rest of the world. That report recommends that the Arctic nations lead efforts “for an early, ambitious, and full implementation” of the Paris Agreement.

Senate Fails to Repeal Rule to Limit Methane Releases from Energy Extraction on Public Lands

Yesterday a U.S. Senate resolution to repeal an Interior Department rule that limits venting and flaring of methane from natural gas drilling sites on public lands was rejected (subscription). It was the second-to-last day that the Senate could attempt to roll back the rule under the terms of the Congressional Review Act, which allows lawmakers to undo recent regulations through an act of Congress. But the Interior Department signaled that the 51 to 49 vote does not end efforts to alter the Obama-era rule.

“As part of President Trump’s America-First Energy Strategy and executive order, the Department has reviewed and flagged the Waste Prevention rule as one we will suspend, revise or rescind given its significant regulatory burden that encumbers American energy production, economic growth and job creation,” said Kate MacGregor, Interior’s acting assistant secretary for land and minerals (subscription).

The methane rule, finalized last November, seeks to reduce energy companies’ burn off of vast supplies of methane, the primary component of natural gas, at drilling sites. That practice, along with leaks, is estimated to waste $330 million a year in natural gas—enough to power some 5 million homes a year—ABC News reported.

Last week, Interior Secretary Ryan Zinke said, in a letter to Ohio Senator Rob Portman, that his department would continue to regulate methane emissions (subscription) and would take “concrete action to reduce methane waste” if Congress passed the resolution rolling back the Obama-era rule. But how the department would have done so is unclear (subscription). Under the CRA, agencies cannot issue “substantially similar” rules on regulations that Congress has repealed without new legislation (subscription).

Pruitt Recuses Himself from Lawsuits, Considers Replacing Academics with Industry Experts

U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt last week recused himself from a dozen lawsuits against the EPA that he pursued as Oklahoma’s attorney general. Those suits include one against the Clean Power Plan—the key component of former President Barack Obama’s climate change agenda—which a federal appeals court may hold in abeyance or send back to the agency for review.

“To demonstrate my profound commitment to carrying out my ethical responsibilities, while I am the administrator of the United States Environmental Protection Agency, I will not participate in any active cases in which Oklahoma is a party, petitioner or intervenor, including the following,” Pruitt wrote in the May 4 memo, before listing 12 cases from which he is recusing himself.

Among those cases are several involving Obama-era air rules, including the EPA’s methane regulations for new oil and gas sources, the 2015 ozone standard, and the agency’s cost analysis of mercury standards for power plants.

Although Pruitt will not take part in legal challenges, the Washington Post notes he will not recuse himself from EPA rulemaking processes, meaning he will continue to direct reviews of the Clean Power Plan and other Obama-era regulations.

In what appears to be a move to alter how it assesses the science that underlies those and other regulations, the EPA last week began an overhaul of the Board of Scientific Counselors, which addresses important scientific questions and advises the agency on the integrity and rigor of its research. At an April meeting, the board discussed the importance of climate change research at EPA and “the growing need for information on, and understanding of, climate change and responses to its impacts” (subscription).

Agency spokesman J.P. Freire said Pruitt is thinking of replacing the board’s academics with experts from the industries typically regulated by the EPA.

“The administrator believes we should have people on this board who understand the impact of regulations on the regulated community,” said Freire.