Lawmakers Debate Carbon Tax; Studies Offer Look at Economic Impacts

The Nicholas Institute for Environmental Policy Solutions at Duke University

Editor’s Note: TODAY is the last issue of The Climate Post. Sign up now to receive future mailings like this one to understand developments that could shape the energy and climate landscape. Our mailings deliver timely, in-depth, and fact-based analysis, through thought pieces and research publications, to improve environmental policy making. They also alert subscribers to events that aim to shed light on critical climate and energy issues breaking or on the horizon.

As lawmakers plan to vote on an anti-carbon tax resolution from House Majority Whip Steve Scalise (R-La.) and Rep. David McKinley (R-W.Va.), another Republican is expected to roll out carbon tax legislation as early as next week.

According to a draft copy obtained by ClimateWire, Carlos Curbelo (R-Fla.) is preparing to introduce legislation that would eliminate the federal gas tax and impose a $23-per-ton tax on carbon emissions from energy industry operations. Some portion of the proposed tax, Bloomberg BNA reports, could be dedicated to increasing incentives for carbon capture and storage and clean technology and to assistance for low-income families affected by an uptick in energy costs related to putting a price on carbon.

“It really attempts to capture the political energy of the moment,” said Curbelo, who would not go into details about the pending legislation. “We know that infrastructure investment is highly popular in our country. It’s probably the only issue that [President] Trump and [Democratic nominee Hillary] Clinton agreed on in 2016.”

Tuesday, in a meeting of the House Rules Committee, the pending Curbelo bill came up during a debate over the Scalise and McKinley anti-carbon-tax resolution, which the committee passed in a 7-3 vote along party lines. A vote on that resolution by the House could come as early as Thursday.

A special issue in the journal Energy Economics highlights carbon tax modeling studies conducted through the Stanford Energy Modeling Forum Project. The issue includes an overview of the results co-authored by Brian Murray of the Duke University Energy Initiative and a faculty affiliate at the Nicholas Institute for Environmental Policy Solutions and an article on carbon tax implications for market trends and generation costs by my Nicholas Institute colleague Martin Ross. Comparison of the modeling studies’ results revealed similar conclusions: that a carbon tax is effective at reducing carbon pollution, although the structure of the tax and rate at which it rises are important, and that a revenue-neutral carbon tax would have a modest impact on gross domestic product. Even the most ambitious carbon tax was found to be consistent with long-term positive economic growth.

China, EU Renew Commitments to Meet Paris Climate Commitments

China and the European Union (EU) on Monday reaffirmed their commitment to the Paris Agreement to limit global warming, issuing a joint statement in which they also vow to work together in that pursuit. Amid fear that U.S. withdrawal from the agreement could undermine global cooperation on climate change, the statement issued at the 20th EU-China summit in Beijing said the climate accord is proof that “multilateralism can succeed in building fair and effective solutions to the most critical global problems of our time.”

The statement included plans to push for an agreement on a rulebook for the Paris Agreement after negotiations stalled this year; to release long-term, low-carbon development strategies by 2020; and to increase each side’s efforts before 2020; and to exchange knowledge on clean energy.

Notably, the joint statement extends cooperation on emissions trading schemes. China’s carbon market, which launched late last year, will, when fully implemented, be the largest in the world, covering an estimated 4 billion metric tons of emissions.

China, which has already met its 2020 target for carbon intensity, and the EU, which has met its 2020 emissions reduction target, also renewed their commitment to create a mechanism to transfer $100 billion a year from richer to poorer nations to assist them with climate change adaptation.

California Beats 2020 Emissions Target; Work Left on Transportation

The California Air Resources Board (CARB) released data revealing a decrease of approximately 2.7 percent in the state’s greenhouse gas emissions in 2016—a decrease that dropped the state’s emissions below 1990 levels four years earlier than the state’s 2020 target date specified in Assembly Bill 32.

The emissions reductions owe to a mix of state-level measures that include a mandate that a certain fraction of electricity come from renewable resourcesregulation of vehicle emissions, and a carbon pricing and trading program shared with Quebec.

There was an exception to the downward emissions trajectory. The state’s transportation emissions continue to rise. Right now, the Trump administration has plans to ease the corporate average fuel economy, or CAFE standards. California has vowed to stick to its own, stricter standards authorized under the Clean Air Act, but if miles-per-gallon targets for the state are rolled back, California’s transportation emissions could rise further.

For months, the state has been in conversations with the U.S. Environmental Protection Agency (EPA) about its vehicle emissions rules, which several other states (most recently, Colorado) follow. Earlier this week, the newly nominated EPA Administrator Andrew Wheeler met with top California officials about the matter. Although CARB Chair Mary Nichols called the meeting “pleasant,” she said “in terms of if there is a difference between Wheeler and Pruitt on these issues, I have yet to see any. It’s not better or worse; it’s the same.”

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

Studies Examine Climate Change Threat Level, Recalculate Carbon Budget

The Nicholas Institute for Environmental Policy Solutions at Duke University

Absent efforts well beyond those described in the Paris Agreement—to limit warming to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit that increase to 1.5 degrees Celsius—climate change could pose a deadly threat to most humans by century’s end. This finding was suggested by an international group of climate science and policy experts in a pair of recently published studies.

To avoid the worst consequences of climate change, a paper published in the Proceedings of the National Academy of Sciences (PNAS) said the world would have to take aggressive measures to curtail the use of fossil fuels and emissions of short-lived climate pollutants such as methane. In addition, we would also have to extract carbon dioxide from the air and sequester it before it can be emitted.

According to the findings, which were originally published by the University of California’s Scripps Institution of Oceanography, there is a 5 percent chance of catastrophic change within roughly three decades, and a smaller chance that it would extinguish human life. It proposed two new classifications for climate change: “catastrophic,” meaning that adaptation would be difficult for most people, and “unknown,” or “existential,” meaning that adaptation would be impossible.

“There is a low probability that the change will be catastrophic,” said the study’s lead author, Veerabhadran Ramanathan, a professor of climate and atmospheric sciences at Scripps. “But you would not get on an airplane if you thought there was a 5 percent chance that it was going to crash.”

The researchers defined their proposed risk categories on the basis of guidelines established by the Intergovernmental Panel on Climate Change and previous independent studies. Even a global temperature increase limited to 1.5 degrees Celsius (2.7 degrees Farenheit)—the Paris Agreement’s aspirational goal—is categorized as “dangerous.” An increase greater than 3 degrees Celsius (5.4 degrees Farenheit) could be “catastrophic,” and an increase greater than 5 degrees Celsius (9 degrees Farenheit) could lead to “unknown” but potentially existential threats. For humans, catastrophic impacts include widespread famine and the exposure of more than 7 billion people to heat-related mortalities.

Policy and science experts, including Ramanathan, relied on the PNAS findings to compile a report on potential warming containment efforts. That report pointed to the need for greater weight on subnational government action and a sharp uptake in mature clean energy technologies—such as wind, solar, biogas, and geothermal—coupled with aggressive electrification of transportation and building energy use.

A separate analysis published in the journal Nature Geoscience says the Paris Agreement’s 1.5 Celsius aspirational goal may be more feasible than many think. It makes a fresh estimate of the necessary carbon budget, including updating measurements of the emissions and warming that have already occurred, and shows that the global carbon emissions budget that meets that goal is equivalent to 20 years of current global annual emissions. But other researchers have raised questions about the analysis—which, if correct, would have very large implications for climate policymaking. Aside from concerns about the new study’s methods and assumptions, broader questions about the definition of the carbon budget and how it should be calculated are now swirling.

Senators, Local Level Decision Makers Focus on Climate Action

After some speculation following comments by Secretary of State Rex Tillerson, the White House, on Monday, reaffirmed its commitment to withdraw from the Paris Agreement.

“There has been no change in the United States’ position on the Paris agreement,” White House Deputy Press Secretary Lindsay Walters told CNN. “As the President has made abundantly clear, the United States is withdrawing unless we can re-enter on terms that are more favorable to our country.”

Despite the White House’s stance on the global climate accord, others are taking steps to acknowledge and, in some cases, take specific action on the issue. Republican Sen. Lindsey Graham on Tuesday told guests attending a climate change conference convened at Yale University by former Secretary of State John Kerry that he supports a carbon tax to reduce greenhouse gas emissions.

“I’m a Republican. I believe that the greenhouse effect is real, that CO2 emissions generated by man is creating our greenhouse gas effect that traps heat, and the planet is warming,” said Graham. “A price on carbon—that’s the way to go in my view.”

Sen. Graham’s reinvocation of these concepts means that there may be some ability to have conversations again about the bipartisan solution to climate change (subscription).

State and local leaders associated with the C40 Cities Climate Leadership Group—a network of megacities dedicated to addressing climate change—remain focused on faster climate action. As part of a Climate Week convening, several mayors discussed how that action falls on them now that the United States is pulling out of the Paris Agreement.

“As mayors, our responsibilities also became even clearer. It’s not enough to reach our ‘80 by 50’ goal,” said New York City Mayor Bill de Blasio, referencing New York City’s earlier commitment to cut greenhouse gases by 80 percent by midcentury, “or to go along with the fantastic goal of keeping warming to two degrees Celsius. If the U.S. government is backing away, we had to step forward.”

On Wednesday, 91 U.S. cities and Denmark unveiled a climate plan that aims to enhance cooperation among companies, governments, regions and cities in an effort to promote green growth. The initiative is dubbed Partnering for Green Growth and the Global Goals 2030. Also, North Carolina joined 14 other states in the U.S. Climate Alliance—a bipartisan group of states committed to reducing their share of greenhouse gas emissions in line with the goals that countries agreed upon as part of the Paris Agreement.

“In the absence of leadership from Washington, North Carolina is proud to join the U.S. Climate Alliance, and we remain committed to reducing pollution and protecting our environment,” said North Carolina Gov. Roy Cooper. “So much of North Carolina’s economy relies on protecting our treasured natural resources, and I’m committed to maintaining the quality of their air we breathe for generations to come.”

Report: Energy Outlook to 2040

World energy consumption will increase 28 percent by 2040, the U.S. Energy Information Administration (EIA) projects in its latest International Energy Outlook 2017. Areas in China and Asia will consume the most energy—representing as much as 60 percent of increased demand.

The report indicates that fossil fuels will continue to dominate the world energy mix, making up 77 percent of energy use in 2040, while renewables, despite growing faster than any other fuel source during the coming years, will represent just 17 percent of world energy consumption by 2040. Demand for coal will remain relatively flat with consumption projected to decline from 27 to 25 percent between 2015 and 2040.

Global natural gas consumption is seen increasing by 1.4 percent per year over the forecast period.

“Abundant natural gas resources and rising production—including supplies of tight gas, shale gas, and coalbed methane—contribute to the strong competitive position of natural gas,” the report indicates.

Nuclear power is expected to grow the fastest behind renewables, with consumption increasing about 1.5 percent per year.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

Renewables and Grid Reliability Focus of Court Ruling, Report

The Nicholas Institute for Environmental Policy Solutions at Duke University

This week the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld the Federal Energy Regulatory Commission’s (FERC) approval of new performance rules for power plants, rejecting environmentalists’ arguments that the rules discriminate against intermittent energy sources such as wind and solar (subscription). The court said FERC acted in a reasonable way when it allowed the PJM, the independent transmission operator in 13 Mid-Atlantic and Midwestern states and Washington, D.C., to charge penalties to power plants that clear its capacity market but fail to provide continuous capacity. The rule change was prompted by the PJM’s grid reliability concerns in the wake of the East’s unusually cold winter in 2014, when a significant amount of natural gas generation became unavailable.

Concerns about grid reliability were also the subject of a new report, published in anticipation of a forthcoming study ordered by U.S. Department of Energy (DOE) Secretary Rick Perry on the electricity grid. The DOE study is planned to be released next month and is feared by environmentalists to undercut support for renewables (subscription).

The report released this week by consulting firm Analysis Group concluded that the addition of new natural gas-fired units and renewable energy capacity are increasing the nation’s electric reliability, not undermining it. According to the report, commissioned by the Advanced Energy Economy Institute and the American Wind Energy Association, efficient natural gas-fired generation and renewables increase reliability by increasing electric system diversity.

In calling for the grid study, Perry had suggested that renewable energy subsidies and related policies were jeopardizing reliability by decreasing the financial viability of baseload resources such as coal plants. The Analysis Group study said such policies were “a distant second to market fundamentals in causing financial pressure” on coal plants without long-term contracts. The biggest contributors to coal plants’ inability to compete, the report found, are new and efficient natural gas plants, low natural gas prices and flat electricity demand.

Moreover, the analysis challenged Perry’s statement, in the April 14 memo ordering the grid study, that “Baseload power is necessary to a well-functioning electric grid.” The report authors found that fears about the risks renewables pose to “baseload generation” don’t reflect understanding of a properly functioning electricity grid. They said “‘baseload resources’ is an outdated term in today’s electric system,” which seeks a combination of generation assets and grid-service technologies to allow for continuous power delivery.

Or as report co-author Susan Tierney, an Analysis Group senior advisor (and Nicholas Institute for Environmental Policy Solutions Advisory Board member), summed it up, “The transformation now under way in the electric power system is driven primarily by market forces. . . The result is a more diverse set of energy resources on the grid that is being capably managed in a way that provides reliable electric power.”

At a DOE budget hearing on Tuesday, Perry skirted details on his forthcoming policy declaration on baseload power and grid security.

Asked about his grid report, Perry said electric power security “requires a baseload capability that can run 24/7,” adding that the administration supports an “all of the above” approach to energy and that it is “[n]ot trying to pick winners and losers, but let the facts fall where they may” (subscription).

DOE Secretary Disputes Core Climate Science Finding

Department of Energy (DOE) head Rick Perry denied on Monday that carbon dioxide emissions from human activities are the main driver of the earth’s record-setting warming. Instead, Perry said, the driver is most likely “the ocean waters and this environment that we live in.”

“The idea the science is somehow settled, and if you don’t believe it’s settled you’re somehow or another a Neanderthal, that is so inappropriate from my perspective,” he said. “If you’re going to be a wise intellectual person, being a skeptic about some of these issues is quite all right.”

Those comments came a week after the DOE confirmed it was shuttering its international climate office and just days before Perry began defending to Congress the agency’s $28 billion budget request, which would slash many clean-energy programs, make a 17 percent cut in DOE’s Office of Science, and reduce by more than half research and development funding at the Office of Fossil Energy, which supports carbon capture and sequestration technology.

Oil Majors Sign on to Carbon Tax Proposal

Nearly a dozen multinational corporations, including oil giants Exxon and Shell, on Tuesday backed a plan from senior Republican statesmen to replace the Obama administration’s greenhouse gas regulations with a revenue-neutral carbon tax—that is, one that gives revenue directly back to citizens—a concept popular with economists. In a newspaper ad, the companies called for a “consensus climate solution that bridges partisan divides, strengthens our economy and protects our shared environment.” Exxon and the others were listed as founding members of the plan, along with the green groups Conservation International and the Nature Conservancy.

The proposal calls for a rising tax, starting at $40 for every ton of carbon dioxide pollution from fossil fuels, and a charge on imports in exchange for the Environmental Protection Agency being stripped of most powers to issue new emissions control regulations and repeal of the Clean Power Plan. Its proponents say this approach would create deeper emissions cuts than regulations—more than enough to meet the U.S. pledge under the Paris Agreement on global warming—and that in the first year the average family of four would receive approximately $2,000 as a carbon dividend.

The proposal was put forward by the Climate Leadership Council in February as part of a “free-market, limited government” response to climate change. It would require action from Congress, but the GOP, which controls both chambers, has shown no indication it would take it up. In fact, the House last year passed a nonbinding resolution—supported by every Republican member—to denounce a potential carbon tax.

EU and China Forge Climate Accord as Trump Pulls Plug on Paris Agreement

The Nicholas Institute for Environmental Policy Solutions at Duke University

President Donald Trump has decided to exit the Paris Agreement, the set of voluntary emissions reductions to which all but two countries are signatories—a win for 22 Republican Senators and a small group of advisers and a disappointment to those who lobbied for remaining in the agreement, including executives of the biggest global corporations and energy majors, national security officials, many top White House officials, and many heads of state. The United States now joins Syria and Nicaragua as the only holdouts to the accord.

“To fulfill my solemn duty to protect America,” said Trump, “the United States will withdraw from the Paris climate accord.” He added, “But begin negotiations to reenter either the Paris accord or an entirely new transaction on terms that are fair to the United States . . . So we’re getting out but we’ll start to negotiate and we’ll see if we can make a deal that’s fair.”

Trump said he is keeping his campaign promise to “put American workers first” and claimed that the accord was poorly negotiated by the Obama administration. He offered no details about how he plans to disentangle the United States from the Paris Agreement (subscription).

The nonbinding Paris Agreement was designed to allow countries to tailor their climate plans to their domestic circumstances and to alter them as circumstances changed. But the hope was that peer pressure and diplomacy would lead to increased ambition and action to curb global-warming emissions. Nonetheless, Trump advisers like the chief strategist Stephen K. Bannon made the argument that staying in the Paris accord could entail a series of legal obligations—an argument rejected by some legal scholars.

Reaction to a likely withdrawal prompted world leaders to reiterate their commitment to the global pact and drew the ire of some.

European Commission President Jean Claude-Juncker said Trump doesn’t “comprehensively understand” the terms of the accord, though European leaders tried to explain the process for withdrawing to him “in clear, simple sentences” during summit meetings last week. “It looks like that attempt failed,” Juncker said. “This notion, ‘I am Trump, I am American, America first and I am getting out,’ that is not going to happen.” Juncker also warned that it would take years to extricate the United States from the Paris Agreement.

This week, an administration official laid out three ways the United States could leave the accord. First, Trump could announce he is pulling the United States from the deal, which would trigger a three-year withdrawal process that wouldn’t conclude until November 2020 under the deal’s terms—actual withdrawal would take perhaps another year. Second, Trump could declare that the Paris Agreement is actually a legal treaty that requires Senate approval, which it is unlikely to get. Third, Trump could withdraw the United States from the United Nations Framework Convention on Climate Change—the treaty that underpins the Paris Agreement. Although this process would take just one year, it would remove the United States from all global climate diplomacy.

Yesterday, as media outlets reported the likely decision by Trump on the Paris Agreement, came word of the first-ever bilateral agreement on climate change (subscription) between the European Union (EU) and China. According to a statement being prepared before an EU-China summit in Brussels starting today, members of the new alliance will say they are determined to “lead the energy transition” toward a low-carbon economy. The new pact calls for the EU to support the rollout of China’s national emissions trading system, likely hastening linkage of that system with the EU carbon market, the world’s largest. It also calls for the two partners to help poor countries develop green economies. A draft called the Paris Agreement an “historic achievement” and “proof that with shared political will and mutual trust, multilateralism can succeed in building fair and effective solutions to the most critical global problems of our time.”

The new pact may help to fill the void left by China’s former partnership with the Obama administration, a partnership instrumental in persuading nearly 200 countries to support the Paris Agreement in 2015.

Economists Say Carbon Tax Is Needed to Avert Climate Catastrophe

On Monday, 13 leading economists, including Nobel laureate Joseph Stiglitz and former World Bank chief economist Nicholas Stern, said carbon dioxide should be taxed at $40 to $80 per metric ton by 2020 and at as much as $100 per metric ton by 2030 to stop catastrophic global warming. The idea is to give businesses and governments an incentive to lower emissions even when fossil fuels are cheap—an idea rejected by the Trump administration and embraced by the world’s largest emissions trading coalition, the European Union, albeit at a carbon price—$6.70 per ton—well below that recommended by the report released by the High-Level Commission on Carbon Prices.

The report, which is backed by the World Bank and the International Monetary Fund, concluded that a “well-designed” carbon price is an “indispensable” element of any strategy to reduce carbon emissions while maintaining economic growth.

“The world’s transition to a low-carbon and climate-resilient economy is the story of growth for this century,” Stiglitz and Stern said in a joint statement. “We’re already seeing the potential that this transformation represents in terms of more innovation, greater resilience, more livable cities, improved air quality and better health. Our report builds on the growing understanding of the opportunities for carbon pricing, together with other policies, to drive the sustainable growth and poverty reduction which can deliver on the Paris Agreement and the Sustainable Development Goals.”

Among the report’s findings: Meeting objectives set out in the Paris Agreement will require all countries to implement policies that complement carbon pricing and address market and government failures—policies promoting renewable-based power generation, high efficiency standards, relevant R&D investment, and financial devices that lower the risk-weighted capital costs of low-carbon technologies. Although carbon taxes can raise revenues that can be used to increase green growth, low-income countries might need to start pricing carbon at low and gradually increasing levels to protect people particularly vulnerable to initial price increases.

The report explicitly acknowledges that challenge, suggesting that “The revenue can be used to foster growth in an equitable way, by returning the revenue as household rebates, supporting poorer sections of the population, managing transitional changes, investing in low-carbon infrastructure, and fostering technological change.”

The report highlights the difference between a carbon tax and an emissions trading system (ETS), which in the European Union has resulted in few, if any, carbon emissions reductions due to a far-too-high emissions cap, resulting in an oversupply of emissions permits that have kept carbon prices low. A carbon tax is administratively far less complex than an ETS. Although any particular carbon tax level could result in a higher- or lower-than-desired emissions reductions, it can be adjusted to achieve desired reductions, especially if it levied in an administratively efficient way, which in the energy sector would involve an “upstream” levy on bulk coal, oil, or gas.

Study Refutes EPA Head’s Claim of a “Leveling Off” of Global Warming

A new study in the journal Nature Scientific Reports directly refutes the claim made by Environmental Protection Agency (EPA) Administrator Scott Pruitt during his Senate confirmation hearing that satellite data show a “leveling off” of global warming.

“Mr. Pruitt claimed that ‘over the past two decades satellite data indicates there has been a leveling off of warming.’ We test this claim here,” wrote Benjamin Santer and three of his Lawrence Livermore National Laboratory colleagues, along with scientists from the Massachusetts Institute of Technology, the University of Washington in Seattle, and science research company Remote Sensing Systems.

After comparing all possible 20-year periods of satellite records to larger trends in the climate system, the paper concludes Pruitt was wrong (subscription). It also points to multiple peer-reviewed studies that have undercut the theory of a “pause” in global warming between 1998 and 2012 and that have shown increased evidence of a “human fingerprint” on climate.

“In my opinion, when incorrect science is elevated to the level of formal congressional testimony and makes its way into the official congressional record, climate scientists have some responsibility to test specific claims that were made, determine whether those claims are correct or not, and publish their results,” Santer told the Washington Post.

He emphasized the importance of continuing scientific research into climate change, telling ThinkProgress that the budget that covers the Lawrence Livermore National Laboratory, where his work is housed, faces a proposed 70 percent cut in the budget released last week by the White House.

Carbon Tax Not on Agenda for Trump

The Nicholas Institute for Environmental Policy Solutions at Duke University

President Donald Trump is not considering a national carbon tax proposal that a group of Republicans discussed in February. A White House official told GreenWire in an e-mail that although the group of Republican leaders visited the White House to discuss their proposal that “the Trump Administration is not considering a carbon tax.”

The plan had called for an increase in the cost of fossil fuels to bring down consumption—suggesting a tax of $40 a ton that would increase steadily over time. Tax proceeds, they state, would be redistributed to consumers on a quarterly basis in what they call “carbon dividends” that could be approximately $2,000 annually for a family of four.

The Hill reports that White House advisors, along with National Economic Council (NEC) Director Gary Cohn, met with the group led by former Secretary of State James A. Baker III.

“Part of the NEC’s responsibility in coordinating economic policy for the president is to listen to a range of viewpoints on various issues,” said Lindsay Walters, a White House spokeswoman. “The Trump administration is not considering a carbon tax.”

Nominee for Supreme Court Sheds Little Light on How He Would Weigh Environmental Issues

The Senate hearing began this week for Judge Neil Gorsuch, President Donald Trump’s nominee to fill the Supreme Court seat left vacant in February 2016 by the death of Justice Antonin Scalia. How Gorsuch may weigh environmental issues is difficult to discern due to his slender case record on energy and climate topics.

“His record is kind of skimpy,” said Peter McGrath, a member of the Moore & VanAllen law firm based in Charlotte, North Carolina. “It’s hard to predict where he might rule.”

His third day of Senate testimony has revealed little about how Gorsuch might consider specific issues. He repeatedly said that it is his duty to “apply the law impartially.”

He has been skeptical of a judicial doctrine whereby government agencies’ interpretation of ambiguous statutes prevails unless it is unreasonable—the so-called Chevron deference. Chevron has become the basis of the legal argument for many environmental cases since the 1980s. But according to a concurring opinion Gorsuch wrote last year, the doctrine empowers bureaucrats to “swallow huge amounts of core judicial and legislative power” and to “concentrate federal power” in a way with which the framers of the Constitution would have disagreed.

On day two of his Senate hearing, Gorsuch may have partly clarified his stance on the legal doctrine.

“Scientists, biologists, chemists—the experts get great deference from the courts,” Gorsuch said. “The only question is who decides what the law is.”

The hearing for Gorsuch is expected to continue through Thursday and possibly into Friday. Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa) said the plan is for the full Senate to vote on Gorsuch by Easter.

Complex Picture of Carbon Emissions Emerges; Record Temps Continue

Thanks to a combination of stricter emissions regulations, a decline in the use of coal, cheaper natural gas and a rise in clean energy, climate-warming carbon dioxide emissions—totaling 32.1 metric gigatons in 2016—have remained flat for the third consecutive year despite 3.1 percent growth in the global economy over the same period, the International Energy Agency (IEA) announced on Monday. The biggest drop came from the United States, where carbon dioxide emissions fell 3 percent, while the economy grew 1.6 percent. Carbon dioxide output also declined 1 percent in China, where the economy grew by more than 6 percent, showing that the world’s two largest energy users and carbon emitters may be able to balance economic growth with emissions reductions. The decreases offset increases in most of the rest of world.

“These three years of flat emissions in a growing global economy signal an emerging trend and that is certainly a cause for optimism, even if it is too soon to say that global emissions have definitely peaked,” said IEA Executive Director Fatih Birol. “They are also a sign that market dynamics and technological improvements matter.”

In 2016, renewables, particularly hydro, supplied more than half the growth in global electricity demand. The overall increase in the world’s nuclear net capacity last year was the highest since 1993, with new reactors becoming operational in China, the United States, South Korea, India, Russia and Pakistan. And coal demand fell worldwide but particularly in the United States, where it was down 11 percent in 2016 and where, for the first time, more electricity was generated from natural gas than from coal.

Although positive for air pollution, the emissions pause, said the IEA, is insufficient to keep global temperatures from rising 2 degrees Celsius, the cutoff that scientists say helps us to avoid the worst effects of climate change. Transparent, predictable policies are needed worldwide to ensure temperatures do not rise above 2 degrees Celsius.

The National Oceanic and Atmospheric Administration and the National Aeronautics and Space Administration on Friday announced that last month’s average global temperature was 1.76 degrees Fahrenheit above the 20th-century average of 53.9 degrees Fahrenheit, making February 2017 the second warmest, behind last February, in 137 years of record keeping.

On the heels of this announcement, the annual State of the Global Climate report from the World Meteorological Organization (WMO) also showed that 2016 was the warmest year on record. The El Niño weather phenomenon contributed 0.1 to 0.2 degrees to the longer-term warming driven by carbon dioxide emissions.

“The year 2016 was the warmest on record—a remarkable 1.1 degrees Celsius above the pre-industrial period, which is 0.06 degrees Celsius above the previous record set in 2015,” said WMO Secretary General Petteri Taalas. “This increase in global temperatures is consistent with other changes occurring in the climate system. Globally averaged sea surface temperatures were also the warmest on record, global sea levels continued to rise, and Arctic sea-ice extent was well below average for most of the year.”

According to WMO, provisional data also indicates that there has been no easing in the rate of increase in atmospheric carbon dioxide despite the fading of 2016’s strong El Niño conditions, a phenomenon in the Pacific that increases global temperatures and affects weather patterns.

“Even without a strong El Niño in 2017, we are seeing other remarkable changes across the planet that are challenging the limits of our understanding of the climate system,” said David Carlson, director of the World Climate Research Programme. “We are now in truly uncharted territory.”

The WMO says the Arctic has experienced the “polar equivalent of a heatwave” at least three times this winter, while Antarctic sea ice has been at a record low.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

Pruitt Confirmed to Head EPA

The Nicholas Institute for Environmental Policy Solutions at Duke University

Friday, in a 52-46 vote, the Senate confirmed Scott Pruitt, Oklahoma attorney general to head the U.S. Environmental Protection Agency (EPA). Pruitt was sworn in that evening.

As Oklahoma’s attorney general, Pruitt filed 14 lawsuits challenging EPA regulations, including limits on carbon emissions from fossil fuel-fired power plants. Many of the cases are pending in the courts, creating “serious conflicts of interest,” said Delaware Senator Tom Carver the day before the vote. On Tuesday, Oklahoma asked the U.S. Court of Appeals for the District of Columbia Circuit to replace Pruitt in the Clean Power Plan lawsuit with the state’s new attorney general.

In his first speech to EPA staff on Tuesday, Pruitt said, “I believe that we as an agency, and we as a nation, can be both pro-energy and jobs, and pro-environment. We don’t have to choose between the two.”

He steered clear of specifics about the Trump administration’s energy policies, instead hinting at some agency reforms, saying that the agency has a responsibility to “avoid abuses that occur sometimes” in rulemaking, and he stressed the importance of following the “rule of law” and in partnering with states.

“I seek to ensure that we engender the trust of those at the state level,” he said (subscription).

Those comments echoed Pruitt’s first interview as EPA administrator, in which he told the Wall Street Journal that he intends to restore power to states, that environmental laws were not meant to be a “one-size-fits-all model,” and that “the state departments of environmental quality have an enormous role to play” as well as suggested that the public has trust issues with the EPA’s procedure for producing studies and cost-benefit analyses.

“The citizens just don’t trust that EPA is honest with these numbers,” he said. “Let’s get real, objective data, not just do modeling. Let’s vigorously publish and peer-review science. Let’s do honest cost-benefit work. We need to restore the trust.”

During the interview, Pruitt appeared to contradict his confirmation hearing testimony by questioning EPA’s authority to regulate greenhouse gases, saying that “the courts have seriously called into question the legality” of both the Clean Power Plan and the Waters of the United States Rule, which clarifies the EPA’s regulatory authority under the Clean Water Act. Both rules may be targets of future executive actions. Although the order may not cancel the Clean Power Plan outright, it would mark the first step in weakening the Obama-era climate rule.

The Supreme Court ruled in Massachusetts vs. EPA that the EPA possesses authority to regulate greenhouse gases as air pollutants under the Clean Air Act—an authority that the House Energy and Commerce Committee’s panel on the environment is looking to roll back (subscription).

Senate Democrats had sought to delay Pruitt’s Senate confirmation vote, saying lawmakers could afford to wait a few days to learn more about Pruitt’s ties to the oil and gas industry, a reference to an Oklahoma judge’s ruling, that required Pruitt to hand over nearly 3,000 e-mails related to his communications with the industry, the subject of a public records lawsuit. The Center for Media and Democracy published those e-mails yesterday, two years after Pruitt initially refused to release them. The e-mails share close ties to the oil and gas industry. AP detailed a few of the ways in which those e-mails show how Pruitt and his staff coordinated their legal strategy with oil and gas industry executives and advocacy groups funded by those profiting from fossil fuels to fight federal efforts to curb carbon emissions.

Study Examines Spill Risk of Hydraulically Fractured Wells

A new analysis led by the Nicholas Institute for Environmental Policy Solutions, which appeared Tuesday in the journal Environmental Science & Technology, concludes that making states spill data more uniform and accessible could provide stakeholders with important information on where to target efforts for locating and preventing future spills at hydraulically fractured oil and gas wells.

“… Reporting requirements differ across states, requiring considerable effort to make the data usable for analysis,” said Lauren Patterson, policy associate at the Nicholas Institute and the study’s lead author. “Given the rapid recent development of unconventional oil and gas development, data are scarce on both how often spills happen, where in the process they occur, and what caused them.”

“The presence of a spill,” she added, “does not mean an adverse impact; many spills were small or contained. The data on containment and potential impacts varied between states and over time, making it difficult to do more than report on the number of spills.”

It identifies 6,648 spills reported across Colorado, New Mexico, North Dakota and Pennsylvania during a 10-year period (2005 and 2014). The work also shows that the range of requirements makes it impossible to compare states or come up with a comprehensive national picture. For example, Colorado and New Mexico require spills of more than 210 gallons to be reported to the state, whereas North Dakota calls for any spill of more than 42 gallons to be documented.

Making this state-level data more uniform could help regulators and industry reduce future spills.

“Analyses like this one are so important, to define and mitigate risk to water supplies and human health,” said Kate Konschnik, co-author on the paper from Harvard Law School’s Environmental Policy Initiative. “Writing state reporting rules with these factors in mind is critical, to ensure that the right data are available—and in an accessible format—for industry, states and the research community.”

Singapore Commits, States Consider Carbon Tax

A proposed carbon tax by a group of Republican lawmakers—the Climate Leadership Council—hasn’t made much headway with Congress since its introduction earlier this month, but others are starting to think about the concept.

State lawmakers in California are debating whether to extend the current cap-and-trade system beyond 2020, or replace it with a carbon tax—or cap and tax. Like the cap-and-trade system, this alternative strategy would place a cap on emissions that would decline each year, but it would also tax all emissions at the EPA-set social cost of carbon, or $50 per ton in 2030. And, ClimateWire reports, Washington state has proposed a $25-per-ton carbon tax to bolster the state budget. A second proposal to impose a $15-per-ton tax is also on that state’s legislative agenda (subscription).

Across the pond in Southeast Asia, Singapore announced plans to implement a S$10–$20 per ton carbon tax in 2019—committing to reducing emissions 36 percent compared with 2005 levels by 2030.

“The most economically efficient and fair way to reduce greenhouse gas emissions is to set a carbon tax, so that emitters will take the necessary actions,” said Singapore Finance Minister Heng Swee Keat. “Singapore is vulnerable to rises in sea level due to climate change. Together with the international community, we have to play our part to protect our living environment.”

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

U.N. Agency Says Global Temperatures Hottest Since Meteorological Measurement Began

The Nicholas Institute for Environmental Policy Solutions at Duke University
The Nicholas Institute for Environmental Policy Solutions at Duke University

The United Nations agency charged with understanding weather and climate released new findings indicating the world experienced above average temperatures from 2001 to 2010. In fact, the first decade of the 21st century was the warmest since modern meteorological measurement began in 1850.

“Rising concentrations of heat-trapping greenhouse gases are changing our climate, with far-reaching implications for our environment and our oceans, which are absorbing both carbon dioxide and heat,” said World Meteorological Organization Secretary-General Michel Jarraud, who noted many extremes could be explained by natural variations, but that rising emissions of man-made greenhouse gases also played a role.

The report analyzed global and regional trends as well as extreme weather events, finding land and sea temperatures averaged 58 degrees Fahrenheit compared with the long-term average of 57.2 degrees Fahrenheit indicated by weather records dating back to 1881.

Release of the report comes just days after President Barack Obama committed to “redouble” efforts to forge an international climate agreement at the United Nations Framework Convention on Climate Change (UNFCCC) talks in Warsaw, which will attempt to establish a framework for rules governing industry-based carbon markets and non-market programs after 2020, Bloomberg reports.

China, U.S. Make Carbon Deal

On Wednesday, China and the United States—which account for more than 40 percent of global greenhouse gas emissions—agreed to a non-binding plan aimed at cutting carbon emissions from the largest sources in both countries. The deal was made at the U.S.–China Strategic Dialogue in Washington, D.C. a month after the countries agreed to phase out hydroflurocarbons, a potent greenhouse gas. The plan targets five initiatives, to be developed by a working group with officials from both countries. The initiatives focuses on improving energy efficiency, reducing emissions from heavy-duty vehicles, collection and management of greenhouse gas data, smart grid promotion and advancement of carbon capture and storage technology.

“Both countries are acting actively in transforming their growth models,” said Xie Zhenhua, head of the Chinese team and vice director of the National Development and Reform Commission. “Under the context of sustainable development, both countries are taking active measures in addressing climate change and in improving the environment. I think the measures we have taken are working towards each other for the same objective and have created a very good political foundation for our cooperation in climate change …”

The plan, which won’t be finalized until October, is intended to include more aggressive measures to limit output of emissions from coal-fired power plants. A new study released prior to the agreement links heavy air pollution from coal burning to shortened lifespans for residents in northern China.

In the U.S., Obama placed carbon standards for power plants among top priorities in a recent climate action plan speech in which he called for a revised draft of the proposed rule for new plants by September. On Monday, the U.S. Environmental Protection Agency (EPA) sent an updated emissions rule for new power plants to the White House. The contents, which remain confidential, come ahead of Obama’s September date request. Once the new source rule is finalized, it will trigger a requirement under section 111(d) of the Clean Air Act for the EPA to regulate existing fossil-fuel plants.

Vitter Drops McCarthy Filibuster Threat

A full Senate vote on Gina McCarthy—Obama’s pick to lead the EPA—could come as early as next week now that one of McCarthy’s biggest critics has lifted his threat to place a hold on her nomination.

“I see no further reason to block Gina McCarthy’s nomination, and I’ll support moving to an up-or-down vote on her nomination,” said Sen. David Vitter of Louisiana, after acknowledging the EPA had sufficiently answered requests he made in connection with McCarthy’s nomination.

Although McCarthy still faces a hold on her nomination from Sen. Roy Blunt (R-Mo.), Vitter’s announcement signals a step forward for Obama’s climate change policies that curb emissions from existing and future power plants. The president will rely on McCarthy to lead the agency in crafting rules that support those policies.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

NOAA, Others Predict Active Atlantic Hurricane Season

The Nicholas Institute for Environmental Policy Solutions at Duke University
The Nicholas Institute for Environmental Policy Solutions at Duke University

The National Oceanic and Atmospheric Administration (NOAA) released its predictions for hurricane activity, ahead of the official start of the storm season June 1. In the Atlantic, NOAA forecasts an active season with 13 to 20 named storms. Seven to 11 of those storms, NOAA said, could actually develop into Category 1 or higher hurricanes. As many as three to six of them have the potential to become Category 3 or higher hurricanes.

NOAA’s predictions for the 2013 hurricane season are comparable to those of other independent groups such as AccuWeather.com and Penn State University’s Earth System Science Center. All cite a similar cocktail of conditions that set the stage for a more active season.

“This year, oceanic and atmospheric conditions in the Atlantic basin are expected to produce more and stronger hurricanes,” said Gerry Bell, lead seasonal forecaster with NOAA’s Climate Prediction Center. “These conditions include weaker wind shear, warmer Atlantic waters and conducive wind patterns coming from Africa.”

In 2012, when hurricanes Sandy and Isaac made landfall, there were 10 named storms. Destruction from Hurricane Sandy was so great that NOAA is now rethinking its approach to storm surge forecasts.

Meanwhile, activity in the Eastern and Central Pacific was predicted to be below normal.

Regulating Carbon Emissions

The U.S. Congressional Budget Office (CBO) has completed its study of the economic and environmental effects of a carbon tax, which would place a fee on oil, gas and coal with the goal of reducing harmful emissions. The report not only looks at the impact of a carbon tax, but also at how large the tax should be and how the revenue would be spent.

Taxing fossil fuels, the CBO found, would increase gasoline and power costs. Specifically, a carbon tax of $20 per ton would increase gasoline prices by about 20 cents a gallon and electricity bills by 16 percent, on average. The impact of these hikes—especially for low-income households—could be reduced or eliminated, (subscription) depending on how the revenue was spent.

In California, the cost of carbon is starting to rise. The state’s Air Resources Board held its third cap-and-trade auction, selling out 2013 permits at a record price. Still, some debate exists about how revenue from the country’s first emissions trading scheme would be spent.

Jackson to Lead Apple’s Environmental Efforts

Lisa Jackson, former U.S. Environmental Protection Agency (EPA) administrator, will serve as Apple’s top environmental advisor, company CEO Tim Cook announced Tuesday. Cook was going over Apple’s environmental efforts when he referenced the hire on stage at a technology conference in Ranchos Palos Verdes, California, noting Jackson will be coordinating efforts across the company.

“Apple has shown how innovation can drive real progress by removing toxics from its products, incorporating renewable energy in its data center plans, and continually raising the bar for energy efficiency in the electronics industry,” Jackson told the Washington Post in an e-mail. “I look forward to helping support and promote these efforts, as well as leading new ones in the future aimed at protecting the environment.”

Progress forward for Jackson’s potential successor is still in limbo, and Business Week notes that Gina McCarthy’s fate is not entirely in her own hands. In particular, much of the data that EPW Ranking Republican David Vitter is insisting be released before he would acquiesce to her consideration is not even in the control of the agency. Instead, it is possessed by Harvard University and protected by confidentiality agreements between the University and subjects of the study. The Competitive Enterprise Institute also is now suing to obtain McCarthy’s text messages from days on which she testified before Congress.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

In State of the Union Obama Targets Energy, Climate

The Nicholas Institute for Environmental Policy Solutions at Duke University

Amid discussion of gun control, immigration reform and deficit reduction, President Barack Obama touched on his agenda for energy and climate in his State of the Union address Tuesday. Picking up where he left off in his second inaugural address, Obama took his focus on climate change one step further, calling on Congress to enact legislation to cut carbon pollution and increase clean energy production. He made it clear he intends to act with or without lawmakers.

“But if Congress won’t act soon to protect future generations, I will,” Obama said. “I will direct my cabinet to come up with executive actions we can take now and in the future to reduce pollution, prepare our communities for the consequences of climate change, and speed the transition to more sustainable sources of energy.”

Topping the list of actions for Congress: a market-based solution similar to cap-and trade legislation John McCain and Joe Lieberman worked on a few years ago. A cap-and-trade system—like the one established in California—would create a cap, or limit, on industrial greenhouse gas emissions that would decrease over time. At the federal level, it died in the Senate in 2010. Sens. Bernie Sanders and Barbara Boxer rolled out a bill that would levy a fee on large fossil fuel facilities—building off the momentum of the State of the Union (subscription required). Wednesday the Environment and Public Works Committee held a briefing to discuss the latest findings in climate science research.

During the speech, Obama offered no details on steps he would take if Congress fails to act. While there was no mention of the U.S. Environmental Protection Agency’s regulations of power plants, The National Journal reports he is on track to use his executive authority to introduce rules for controlling carbon emissions from existing coal-fired power plants under the Clean Air Act this year. This would go beyond mandates currently proposed for new facilities.

Energy Trust Would Drive New Research to Reduce Oil Dependence

In addition to taking executive action to curb climate change, Obama proposed using the revenues from federal oil and gas production to fund an Energy Security Trust. This trust would “drive new research and technology to shift our cars and trucks off oil for good.” The $2 billion investment would support research into a range of technologies, including homegrown biofuels and electric vehicles. It would not require expanding drilling. The Hill notes that creating such a trust would require an Act of Congress, and some Republican lawmakers are already calling the plan a “nonstarter.”

Obama also wants to work with Congress to encourage cleaner-burning natural gas. “The natural gas boom has led to cleaner power and greater energy independence,” he said. “We need to encourage that. And that’s why my administration will keep cutting red tape and speeding up new oil and gas permits. That’s got to be part of an all-of-the-above plan. But I also want to work with this Congress to encourage the research and technology that helps natural gas burn even cleaner and protects our air and our water.” Merrill Matthews at Forbes is skeptical of Obama’s promises to expedite the permitting process for oil and gas drilling, accusing Interior Secretary Ken Salazar of withdrawing public lands that had already undergone a lengthy environmental review and been approved for oil and gas leasing.

Is the Speech a Roadmap for 2013?

The answers are mixed. Some liked what they heard. Success of the address, USA Today reports, depends on the success of the policies. The President has delivered variable results on proposals he’s put forth in four previous State of the Union addresses, reports Politico. With Republicans in control of the House, CBS News’s Brian Montopoli says a resurrection of a cap-and-trade bill like the one Obama proposed in 2009 is doubtful.

Meanwhile, a new national poll by Duke University’s Sanford School of Public Policy and Nicholas Institute for Environmental Policy Solutions suggests many Americans haven’t formed an opinion about a cap-and-trade approach; with support low, 36 percent are neither for nor against. It also found only 29 percent of Americans strongly or somewhat support a carbon tax and 64 percent strongly or somewhat favor regulating greenhouse gas emissions from power plants, factories and cars. However, the percentage of Americans who think the climate is changing, and that the change is a result of human activity, have reached their highest levels since 2007.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.

Continuing Carbon Emissions Could Have Devastating Impacts on Poor Countries

The Nicholas Institute for Environmental Policy Solutions at Duke University

Populations and livelihoods—mostly in developing countries—will suffer as average global temperatures continue to rise. This is according to a study, conducted by the humanitarian organization DARA, which found climate change could cost the world more than $1.2 trillion annually and contribute to the deaths of more than 100 million people if action against climate change isn’t taken. Together, the cost of air pollution and climate change could rise to 3.2 percent of the global GDP by 2030, with developing countries suffering losses closer to 11 percent. Timothy B. Lee at Forbes argues that “lazy” reporting on the study has conflated deaths from traditional air pollution and those from climate change. A close reading of the study, he said, suggests that climate change alone would only kill about 12 million people. “Now obviously 12 million deaths is still a lot,” Lee says. “If the rest of their calculations pan out, that’s still a good argument for taking action on climate change.”

Meanwhile, two House Democrats, Henry Waxman and Edward Markey, have released a report highlighting the recording-breaking weather events of 2012 to try and build congressional momentum to address climate change. Its release, Think Progress reports, comes at a time “when political resistance to climate action is at an all-time high and both political candidates avoid speaking openly on the issue, ” despite polls showing that some voters want more action on climate. A Nature editorial argues that if President Obama wins a second term, he will need to “take on the political opposition and … [lay] out a clear vision for the future” for how to deal with climate change.

Meanwhile, the ubiquitous battle between media outlets over bias in coverage has not ignored the climate issue. Fox News’ and the Wall Street Journal’s opinion sections are under fire for what others characterize as misleading coverage of climate change. Media Matters runs down a list of 10 leading scientists’ public criticisms of Fox News coverage the last two years and offers guidance on navigating the misinformation.

EU Airlines Bill Passes, While Debate on Carbon Tax Continues

A bill shielding United States airlines from participating in the European Union’s (EU) emission reduction scheme was passed unanimously by the Senate, although it has yet to be reconciled with a similar House proposal. The EU scheme, which went into effect in early 2012, was projected by MIT to add between $3 and $6 to the cost of a flight bound from New York to London. Under the bill, all airlines flying in and out of European airports would be required to cut emissions or purchase allowances to cover them in order to curb emissions 20 percent by 2020. While the Senate vote would block U.S. airlines from complying, an amendment added to the bill requires that the ruling be reconsidered if the EU changes its plan or the U.S. introduces its own measures.

While some have found a carbon tax to curb emissions to be risky—claiming that it could be potentially damaging to the economy—a new report says imposing a $20 per metric ton carbon tax in the U.S. has the potential to reduce the country’s budget deficit by half in roughly a decade.

The Fate of Wind Energy

Wind power makes up roughly 3 percent of all electricity produced in the United States. In Washington, city government is now running 100 percent on wind. Sam Brooks, head of Washington’s Energy and Sustainability Division, says the district buys about $52 million of electricity each year—enough to power about 90,000 homes.

As the Dec. 31 cut off for tax credits tied to wind turbines looms, the New York Times says the wind industry is “withering.” Ed Dolan calls wind power a “success story of green energy.” In his blog, EconoMonitor, he urges decision makers to rethink energy and tax policy as the subsidy deadline grows near. Others aren’t in agreement, and see the tax credits’ potential expiration as a step toward reducing the deficit.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.