Climate Change


I have been of the view that climate change regulation would happen through the executive branch and the EPA, and that this course might, in fact, be preferable to other avenues.   The Supreme Court’s decision in Massachusetts v. EPA permitted the EPA to go forward with regulating greenhouse gases under the Clean Air Air.  And now with the government’s brief in AEP v. Conn., arguing that common law claims are not available, and no hope of passing climate legislation in Congress, this seems to be the path.  Greenwire’s two topic articles today sum the story up best with their titles– “Obama admin urges Supreme Court to vacate ‘nuisance’ ruling” and “With Hill hopes dashed, advocates circle wagons at EPA.”

UPDATE: An interesting take on this over at Legal Planet.

In 2007, I wrote an article titled “Advancing the Rebirth of Environmental Common Law.”  The article, in part, discussed the case Connecticut v. Am. Elec. Power Co., decided in the Southern District of New York where state and local governments filed suit against power companies under state public nuisance law in order to mitigate greenhouse gas emissions.  On appeal to the Second Circuit, the Court vacated the decision of the district court and decided that plaintiffs could proceed in their nuisance claims.  I recently posted to an interesting piece about the Obama Administration’s potnetial response in the case, and whether it would act strategically in order to pressure Congress to pass climate change legislation.  Now it seems that the Tennessee Valley Authority has filed its petition (click here for petition), signed by the U.S. Department of Justice, with the Supreme Court, asking the Court to grant cert and state that plaintiffs cannot pursue nuisance claims because now EPA is beginning to regulate greenhouse gases under the Clean Air Act.

Legal Planet has an interesting post about the Obama Administration’s response in the case Connecticut v. AEP, and whether it will act strategically in order to pressure Congress to pass climate change legislation.  But again, as I posted before, are we better off without new legialstion and instead having the EPA regulate greenhouse gases under the Clean Air Act?

Republican Wisconsin U.S. Senate candidate Rob Johnson, the future opponent of Democratic U.S. Senator Russ Feingold, has said that people who believe in global warming are “crazy” and that the idea of climate change is “lunacy.”   He is also quoted as saying, “I absolutely do not believe in the science of man-caused climate change.  It’s not proven by any stretch of the imagination.”   See the full article with many other choice quotes here.

Al Gore might respond–‘I hope he is correct.’  Gore, in his NY Times Op-Ed “We Can’t Wish it Away,” states, “It would be an enormous relief if the recent attacks on the science of global warming actually indicated that we do not face an unimaginable calamity requiring large-scale, preventive measures to protect human civilization as we know it.”

Gore continues, “I, for one, genuinely wish that the climate crisis were an illusion. But unfortunately, the reality of the danger we are courting has not been changed by the discovery of at least two mistakes in the thousands of pages of careful scientific work over the last 22 years by the Intergovernmental Panel on Climate Change. In fact, the crisis is still growing because we are continuing to dump 90 million tons of global-warming pollution every 24 hours into the atmosphere — as if it were an open sewer.”

I also hope that that climate change is really no big deal, but I question the basic choice to not deal with potentially serious or catatrosphic risks due to environmental degradation, even if the risks are potentially low-probability (and climate science suggests they are not).  And this does not even consider the major national security and economic concerns of America’s dependence on oil.

When I was in China, my Chinese students and colleagues never wanted to recognize that their country would soon surpass Japan as the second-largest economy in the world.  This inevitability is now a reality, as reported today.  While culturally the Chinese are not ones to take credit, from an imternational relations and foreign policy standpoint, the country is somehwhat weary of this status.  With such economic prowess, it is much harder to limit international obligation and responsibility, especially when those arguments often rest on the the lack of economic prosperity for much of the country.  While the vast majority of Chinese are most certainly poor, the Chinese recognize their growing status in the world and the Chinese government will want to continue to be seen as a global power.  Thus, the time is now for the U.S. become a real global leader on environmental issues because the Chinese are perceived as economic superpowers, and the failure to join the U.S. in a leadership role could be seen as embarrassing.  Now is the time for the U.S. to lead and challenge the Chinese to be more than leader of the developing world, which is often the fall back description of their country.  China and the U.S. are the two largest emitters of greenhouse emissions, and both need to act.  Unfortunately, U.S. domestic and international policy has failed in terms of environmental and economic policies to help improve international carbon emissions and pollution due manufacturing in the developing world.  The constructive critism of U.S. policy can be spread around–the U.S. Senate, the President at Copenhagen, American consumption patterns, the interstate highway system, etc.

…is the title of this article about the connection between extreme/unpredictable weather and global temperature increase.  Regardless of the science, even the perception that dramatic weather events are prompted by climate change may lead to increased policy initiatives.  Unfortunately, because the sources and impacts of climate change are so diffuse,  it may take catastrophic events to trigger action.

See the Time Argus article here.

Doubtful, especially given the amount of methane that dairy cattle produce.  But see here.

In the last 6 months, China’s energy consumption far outstripped all predictions, causing great concern to the Chinese government as national energy efficiency goals may not be met.   Now look at the response according to the NY Times article “In Crackdown on Energy Use, China to Shut 2,000 Factories.”   My concern, however, is that no programs to close manufacturing and energy facilities will offset the increased energy demands of the Chinese consumer population.

“Flipping” through the 407 pages of America’s $787 billion economic stimulus and recovery package, formerly known as the American Recovery and Reinvestment Act of 2009, one quickly discovers that the legislation is truly overwhelming.   The Act, if properly implemented, could provide the country with the necessary infrastructure and resources to make better ecological choices available for knowledge consumers.  The Act takes great strides toward promoting energy efficiency, as well as renewing the nation’s transportation systems.

In the broad environmental context, the stimulus package focuses first on energy efficiency and conservation, and second transportation and car technology.  The Act provides funding for green investments for such varied locations as the Department of Defense, public housing, residential homes, and schools.  Eight billion dollars has been provided for state and local weatherization efforts and assistance, plus an additional $3.2 billion for local energy improvements, including funding energy audits, energy conservation incentives, energy retrofits; developing advanced building codes; and creating incentives for government purchases of energy efficient installations in buildings, as well as new traffic signals and street lights.  Money is also available to support fuel cell technology, smart grid technology, carbon sequestration, and alternative fuels.

Have these funds be used effectively, providing new choices for individuals such as more mass transit designed with urban geography in mind, faster and more frequent train service, improved and affordable hybrid and plug-in cars, and accessible information about weatherization and affordable building products?

The Act does provide vast sums to improve car technology and the country’s transportation system.  For example, incentives exist to produce better hybrid and plug-in electric vehicle technology. The Act contains $2.4 billion in incentives to buy plug-in hybrids making available $7500 tax credits for individual purchases.  It provides $8 billion for Amtrak and high speed rail, as well as $8.4 billion for public mass transit nationwide.  In doing so, the Act brings immense promise for rail service for all types in the United States.  The President himself has proposed a nationwide high-speed rail plan and has indicated that the stimulus money is just the “first step” of a “long-term project,” suggesting that more money may be forthcoming.  Some rail projects that have been discussed for decades like expansion of the Downeaster from Brunswick and Portland, Maine, to Boston, and high-speed rail from Milwaukee to Madison, Wisconsin, actually might happen after decades of discussion.

However, the Act still allocates far more money (in my view, far too much money) for roads and highways.  Perhaps this should be expected given the amount of resources already allocated to the nation’s highways and automotive industry, and that Americans have grown accustomed to “free” roads.  Train travel might be better if they received the same travel subsidy as the motor vehicle industry.  (I note that China is spending a much larger amount on high-speed rail than the U.S.)

My home state of Vermont will spend 20 times more stimulus money on highways compared to public mass transit. Similarly, of the $529 million in total stimulus money rewarded to my birth state of Wisconsin, nearly 20% will be spent on a single highway project, the reconstruction and expansion of Interstate 94.  Across the country, nearly four times more money will be spent on roads and bridges versus rail service, $28 billion versus $8 billion in the first installment.  The disparity is striking.  It means that the infrastructure of sprawl will persist, and individual energy consumption and the risk of climate change are being hedged against the creation of carbon-free automobile technology.

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