Policy Updates
Weekly Climate Change Policy Update - March 15, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMarch 15, 2010
President Obama met with a bipartisan group of moderate Senators to survey their asks for climate change legislation . . . Senator Murkowski is mulling whether Senator Rockefeller’s bill delaying EPA regulation of stationary sources under the Clean Air Act by two years is sufficient for her to set aside her disapproval resolution (which would remove EPA’s regulatory authority under the Clean Air Act altogether). The Chamber of Commerce and twenty governors want her to stick to her guns . . . But who needs the Clean Air Act if you have the Clean Water Act? In a settlement with the Center for Biological Diversity, EPA agreed to take certain actions to address the effect of greenhouse gas emissions on ocean acidification . . . China and India formally endorsed the Copenhagen Accord . . . Will there be a split in the circuits on tort lawsuits based on climate change? The Fifth Circuit has decided to rehear the Comer decision, but the Second Circuit has decided to put its pen down on the Connecticut v. AEP decision.
Weekly Climate Change Policy Update - March 8, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMarch 8, 2010
The Kerry-Graham-Lieberman team floated some elements of their plan: cap-and-trade for the power sector only, with a possible phase-in for industrial facilities, and a potential gasoline tax, with major oil companies advocating that the tax be payable at the pump. The Senators' plan drew mixed reactions from key moderates. It is not clear when legislative language will emerge . . . EPA Administrator Lisa Jackson offered to further tailor the Tailoring Rule, but coal state legislators Senator Jay Rockefeller (D-WV) and Rick Boucher (D-VA) want to let out the seams a bit more. Will the Rockefeller and Boucher "delay" bills provide enough cover for moderate Democrats to reject the Murkowski "derail" bill?
Weekly Climate Change Policy Update - March 1, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMarch 1, 2010
Senators Kerry, Graham, and Lieberman floated a trial balloon this week, suggesting that they will be releasing draft legislation in March and that it will depart from the economy-wide cap-and-trade model in favor of an approach that uses different policy designs for different sectors . . . In an exchange of letters with Sen. Rockefeller and a group of other Senate Democratic moderates, EPA Administrator Lisa Jackson outlined a new plan for delayed implementation of the Prevention of Significant Deterioration program. It now looks as though Senator Rockefeller will seek to codify that plan, or a plan with further regulatory deferrals, in legislation.
Weekly Climate Change Policy Update - February 22, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellFebruary 22, 2010
President Obama announced the Administration’s first major loan guarantee for construction of a nuclear power facility. . . Sen. Lindsey Graham (R-SC) circulated a draft “clean electricity standard” . . . Sixteen lawsuits have been filed for review of EPA’s endangerment finding, including petitions filed by three states. . . The White House Council for Environmental Quality issued guidelines for review of climate change impacts under the National Environmental Policy Act . . . China reaffirmed its emissions mitigation commitment under the Copenhagen Accord.
Weekly Climate Change Policy Update - February 16, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellFebruary 16, 2010
Senator Murkowski’s office believes she has sufficient votes in the Senate for her resolution disapproving of EPA’s endangerment finding . . . State Department Climate Envoy Todd Stern is calling on major developing countries to provide more detail on their mitigation commitments under the Copenhagen Accord . . . Rumblings in the Western Climate Initiative: Arizona’s Governor said the state will not participate in a regional cap-and-trade program, and the Utah legislature passed a resolution questioning climate change science . . .
EPA Issues New Rules Requiring Renewable Fuels to Meet Greenhouse Gas Emissions Performance Standards
Curt Rich, Jennifer Owen, Henry SternFebruary 12, 2010
On February 3, 2010, the Environmental Protection Agency finalized long-awaited regulations implementing amendments to the Renewable Fuel Standard Program made by Congress through the Energy Independence and Security Act of 2007.
Weekly Climate Change Policy Update - February 10, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellFebruary 10, 2010
President Obama and Sen Lindsey Graham (R-SC) exhorted Senators to pass comprehensive climate and energy legislation in 2010... Senators Carper (D-DE) and Alexander (R-TN) introduced a bill that would regulate power plant emissions of sulfur dioxide, nitrogen oxides, and mercury. Senator Graham co-sponsored and said he envisioned eventually appending the bill to a greenhouse gas program... Reps. Collin Peterson (D-MN), Ike Skelton (D-MO), and Jo Ann Emerson (R-MO) introduced legislation that would amend the Clean Air Act to exclude greenhouse gases from the category of “air pollutants,” which would prevent EPA from regulating GHG emissions under the Act... The Department of Defense Quadrennial Defense Review highlighted climate change as a security threat . . . 55 countries, representing 78% of global greenhouse gas emissions, have now offered emission mitigation commitments under the Copenhagen Accord.
Weekly Climate Change Policy Update - February 1, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellFebruary 1, 2010
A group of major economies met the January 31st deadline for inscribing their non-binding emission mitigation commitments in the schedule at the back of the Copenhagen Accord. The commitments more or less tracked commitments floated before the December talks . . . In his State of the Union address, the President pledged to work with the Senate on bipartisan climate and energy legislation. Senator Lindsey Graham (R-SC) expressed confidence about the chances for action in 2010 . . . Senator Lisa Murkowski (R-AK) has targeted March for a vote on her joint resolution for disapproval of EPA’s endangerment finding . . .
Weekly Climate Change Policy Update - January 25, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellJanuary 25, 2010
Senator Lisa Murkowski (R-AK) - joined by Sen. Lindsey Graham (R-SC), and three moderate Democrats - introduced a joint resolution of Congressional disapproval of EPA’s “endangerment finding,” which would dislodge the keystone of EPA’s authority to regulate greenhouse gas emissions. In a floor statement, Sen. Murkowski said EPA regulation would be the “worst option,” and that “with so much at stake, Congress must be given time to develop an appropriate and more responsible solution.” Even if it faces relatively tall odds, the resolution could force difficult, arguably “pro-regulation” votes by Democrats still jarred by the outcome in the Massachusetts election.
Alaska Energy & Environmental Policy Update - January 15, 2010
Chuck Sensiba, Matt Love, Jon Simon, Tyson Kade, Henry Stern, Andrew VanderJackJanuary 15, 2010
This edition focuses on a number of federal developments of interest to Alaska as we move into the second session of the 111th Congress, including a look at where Congress is headed with energy and climate legislation. We also look at the implications of recent designations and proposed designation in Alaska of critical habitat under the Endangered Species Act, and the release by the Obama Administration’s Interagency Ocean Policy Task Force of the Interim Framework on Coastal and Marine Spatial Planning. At the project level, we examine the Federal Energy Regulatory Commission’s review of a preliminary permit application for the Chakachamna Hydroelectric Project, and offshore oil and gas exploration in the Beaufort and Chukchi Seas. Our review of recent federal activity concludes with a look at a few of the legislative initiatives of Alaska’s congressional delegation that are designed to ensure responsible development in Alaska’s Arctic marine environment.
Weekly Climate Change Policy Update - January 11, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellJanuary 11, 2010
The interplay between EPA regulation and Congressional action is dominating the start of the year. With its Tailoring Rule, the Agency is hoping to limit the reach of pending stationary source regulation to large sources only - and maybe create just enough industry agitation to inspire a legislated regulatory program. But EPA’s effort could easily unravel and lead to a backlash . . . Now comes Senator Lisa Murkowski (R-AK). She has made clear her intention to address the EPA regulatory train, and Senator Lindsey Graham (R-SC) has offered his support.
Top 10 U.S. Climate Law and Policy Events of 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellJanuary 4, 2010
Happy New Year! This is the season of top-ten lists, so Van Ness Feldman is doing its first-ever Top Ten U.S. Climate Change Law and Policy Developments of 2009 in lieu of the Weekly Climate Change Policy Update. In our view, these developments – which appear in roughly chronological order – were the key milestones of a momentous year in U.S. climate change policy.
Weekly Climate Change Policy Update - December 21, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellDecember 21, 2009
Through personal intervention in the negotiations, President Obama salvaged from the Copenhagen talks a 3-page accord. It achieves – in the geologic time scale of the international negotiations – a truly seismic shift: first-time emission reduction commitments from major developing countries, including China. The accord also includes a major package of funding for least developed countries. However, it is woefully short on specifics...
Weekly Climate Change Policy Update - December 14, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellDecember 14, 2009
Copenhagen negotiators are scrambling to narrow the issues in time for the arrival of the heads of state this coming week. The United States is still seeking harder commitments from major developing countries, supported by robust monitoring, review and verification procedures . . . Day 1 of Copenhagen also saw EPA’s release of the final endangerment finding, the predicate for EPA regulation of GHG emissions under the Clean Air Act . . . In the Senate, two competing visions of legislation emerged this week. Senators Kerry, Graham, and Lieberman sent a letter to the President outlining a “work in progress,” that appears to consist of a cap-and-trade program with inducements for oil and gas production, nuclear power, and clean coal. Another bipartisan team, Senators Cantwell and Collins, released their “cap-and-dividend” bill, which sets forth a program shorn of allocations, offsets, and traders.
Weekly Climate Change Policy Update - December, 7 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellDecember 7, 2009
Just in time for the start at Copenhagen, the EPA is issuing its finding under the Clean Air Act that greenhouse gas emissions endanger public health and welfare. The “endangerment finding” is a triggering event under the Clean Air Act, setting the agency on a course for regulation that it will seek to “tailor” and otherwise manage throughout 2010 . . . President Obama now is going to Copenhagen for the finale on December 18. The announcement suggests that the Administration has determined that a good deal is in the works, and that the President’s pledge of a “provisional” emissions target will pay off.
Public Lands and Natural Resources Update - November 23, 2009
Jon Simon, Matthew Love, Sam Kalen, Jeff Winmill, Tyson Kade, Ashley GarberNovember 23, 2009
Van Ness Feldman's Public Lands and Natural Resources Update is a regular summary of noteworthy policy, regulatory, and litigation developments relating to federal lands and natural resources. To receive the Update via email, please subscribe here: http://www.vnf.com/news-signup.html.
Weekly Climate Change Policy Update - November 23, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellNovember 23, 2009
President Obama left China with a raft of agreements for cooperation on clean energy . . . After a meeting with the chairmen of committees of jurisdiction, Majority Leader Reid made it official: the Senate will not vote on climate legislation until Spring . . . With the further slide of the legislative timetable, the bite of Clean Air Act regulation could become more pronounced. Within industry, the disruption that will be caused by the EPA regulatory program - even with the “tailoring rule” - is slowly sinking in . . . Senators Alexander (R-TN) and Webb (D-VA) introduced the Clean Energy Act of 2009 (S. 2776) with the goal of doubling nuclear energy production in 20 years.
Weekly Climate Change Policy Update - November 16, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellNovember 16, 2009
President Obama and other world leaders have agreed to negotiate a political agreement at Copenhagen, deferring a binding treaty until 2010. With health care reform and financial sector regulation topping the legislative agenda, a climate change bill may not be considered until 2010 or later . . . Senators Kerry, Graham, and Lieberman will create an "outline" for a compromise Senate bill, while fourteen Senators target the Kerry-Boxer allocation formula for the electric sector.
Weekly Climate Change Policy Update - November 9, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellNovember 9, 2009
The Boxer/EPW chapter of the Senate climate legislation story ended abruptly this week. In the face of a Republican boycott over the absence of a new EPA analysis of the Kerry-Boxer bill, Chairman Boxer decided to report the Manager’s Amendment version of the bill out of the Committee for Senate consideration. The maneuver cleared the way for the Kerry-Graham-Lieberman team to get to work on the ultimate “leadership” bill for the floor . . . One likely component of the ultimate leadership bill emerged this week, as Sen. Stabenow (D-MI) and a group of other key moderates, came out with a bill outlining a domestic offsets program . . . State Department Climate Envoy says a comprehensive new agreement is unlikely to emerge from Copenhagen, but could be finalized in 2010.
Democrats Report Kerry-Boxer Cap-and-Trade Bill from Senate EPW Committee; Sen. Stabenow Introduces Offsets Bill
Doug Smith, Kyle Danish, Megan CeronskyNovember 6, 2009
There has been a considerable amount of activity in the Senate on climate change legislation over the past two days. (1) The Senate Environment and Public Works Committee voted to report the Kerry-Boxer bill (S. 1733) out of committee during a Republican boycott; (2) Senators John Kerry (D-MA) and Lindsey Graham (R-SC) continue their efforts to find key compromise positions for a successful climate and energy package; and (3) Senator Debbie Stabenow (D-MI) led a group of Democrats from farm and manufacturing states in introducing a bill to create a domestic offsets program as well as other climate-related funding for the agriculture and forestry sectors.
Weekly Climate Change Policy Update - November 2, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellNovember 2, 2009
Chairman Boxer said the mark-up of S.1733 will start on Tuesday. Over the weekend, Chairman Boxer released an amended version of S.1733 for mark-up, now being referred to as the Manager’s Amendment . . . Republican members of the EPW Committee have threatened to boycott the mark-up by depriving the EPW Committee of a quorum, and an arcane budgeting rule in the Senate is unsettling the Kerry-Boxer deliberations . . . A major emerging issue with the Kerry-Boxer bill is its absence of any preclusion of continued authority for EPA to regulate GHG emissions under the Clean Air Act.
Alaska Energy & Environmental Policy Update - October 29, 2009
Rick Agnew, Dan Press, Matt Love, Jon Simon, Tyson Kade, Andrew VanderJackOctober 29, 2009
With identification of polar bear critical habitat, federal Endangered Species Act rulings are forming a new regulatory landscape for federal, state and Native lands in Alaska. The Department of the Interior has engaged in a fast-moving, sweeping review of federal management of subsistence hunting and fishing in rural Alaska. And proposed revisions to the Small Business Administration’s 8(a) rules, issued yesterday, may well re-shape the landscape for Alaska Native businesses and their partners. Other policy developments of interest to Alaskans are covered in this issue of the Alaska Energy & Environmental Policy Update.
Weekly Climate Change Policy Update - October 26, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellOctober 26, 2009
Sen. Barbara Boxer released a new version of the Kerry-Boxer comprehensive climate and energy bill. This “Chairman’s Mark”, which introduces allowance allocations to the original S. 1733, will serve as the basis for EPW mark ups, which are expected to begin in the next few weeks . . . For the past two or so years, we have waited for decisions on a set of pending motions to dismiss in three climate change tort lawsuits. Now, they are coming fast and furious, and the defendants have so far prevailed in one of the three. In the other two cases, the plaintiffs now will have to meet evidentiary burdens on causation, etc . . . The governments of China and India signed an agreement to cooperate on international and domestic climate change policy and mitigation strategies.
Weekly Climate Change Policy Update - October 19, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellOctober 19, 2009
The half page co-authored by Sen. Kerry in last week’s New York Times threatens to eclipse the 821 pages he co-authored with Chairman Boxer . . . Sen. Graham is doing the rounds in his new role as climate centrist . . . The U.S. District Court for Northern California dismissed the Kivalina climate tort case, holding that the lawsuit raised a “political question,” and that the plaintiffs failed to demonstrate causation sufficiently to meet standing requirements . . . Seventy-seven percent of Americans do not associate the concept of “cap-and-trade” legislation with an environmental issue.
Weekly Climate Change Policy Update - October 12, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellOctober 12, 2009
The Bangkok talks resulted in minimal progress toward a successful post-Kyoto agreement in Copenhagen . . . In the October 11 New York Times, Sen. John Kerry (D-MA) and Sen. Lindsey Graham (R-SC) suggested that the magic formula for Senate passage of a climate bill has five ingredients . . . Having decided that GHG sources should be subject to PSD rules, EPA now is canvassing opinion on what should constitute “Best Available Control Technology” for various facilities
Weekly Climate Change Policy Update - October 5, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Tomás CarbonellOctober 5, 2009
The Kerry-Boxer ship launched this week. As expected, it incorporated a tighter emissions cap for 2020 than the Waxman-Markey bill. Other noteworthy differences include a somewhat more robust strategic allowance reserve, but not the price collar sought by some in industry and the think tank community. On offsets, the bill giveth on domestic offsets (delaying certain performance standards that would have precluded certain projects) and taketh away on international offsets (lowering the ceiling on use by a hefty 50 percent). Much of the detail on allowance allocations remains to be resolved. Will such resolution take place in the Finance Committee? Natural gas interests got a kind of “cash for coal clunkers” program, but with no source of cash. The bill, introduced as S. 1733, now heads to the Senate Environment and Public Works Committee for consideration . . . Lest anyone forget what is at stake, the EPA celebrated Kerry-Boxer day by releasing its proposed “tailoring rule” for Prevention of Significant Deterioration regulation of major sources of GHG emissions. As expected, the proposed rule would target only facilities with emissions of 25,000 mtCO2e year or above.
Alaska Energy and Environmental Policy Update - September 30, 2009
Rick Agnew, John Iani, Jon Simon, Tomás Carbonell, Andrew VanderJackSeptember 30, 2009
A new House bill would significantly overhaul federal oil and gas leasing and royalty programs and create a regional planning framework for offshore oil and gas development. Senators Barbara Boxer and John Kerry released draft comprehensive climate change legislation. The recently-formed Ocean Policy Task Force issued its Interim Report, laying out recommendations to President Obama for re-examining U.S. oceans and coastal management. The EPA finalized a major rule requiring power plants and large industrial facilities to monitor and report their greenhouse gas emissions on an annual basis. A three-judge panel of the Ninth Circuit upheld the legality of Lease Sale 202. The comment period ended on the five-year offshore oil and gas leasing plan proposed by the outgoing Bush Administration.
Weekly Climate Change Policy Update - September 28, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Tomás CarbonellSeptember 28, 2009
The Kerry-Boxer draft climate change legislation is due out on September 30 . . . We have not had much climate change news out of the judicial branch lately, but this week brought a big story. A panel consisting of two Republican appointees on the 2nd Circuit allowed a tort-based lawsuit to go forward against five of the Nation’s largest power companies. This decision potentially could open the door to similar lawsuits -at least until a GHG regulatory program of some sort occupies the field . . . In the meantime, the EPA GHG proposals continued to move through the Executive Branch pipeline - while Senate Democrats turned away Republican efforts to attach appropriations riders that would defund the agency’s initiatives.
Weekly Cimate Change Policy Update - September 21, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellSeptember 21, 2009
In the not-really-news department: Majority Leader Reid acknowledged that the full Senate is unlikely to take action this year on a cap-and-trade bill and State Department Climate Envoy Todd Stern acknowledged that the Copenhagen meeting is not likely to produce a successor to the Kyoto Protocol . . . A Senate Energy and Natural Resources hearing illuminated unresolved concerns among some Senate Democrats about costs associated with cap-and-trade legislation, and skepticism that offsets alone would be sufficient or appropriate for containing those costs. The hearing gave a boost to “price collar” advocates . . . EPA continues to move closer to release of a first tranche of Clean Air Act-based greenhouse gas regulations. Opinions vary on the significance of an EPA program: A hammer that will generate further interest in a Congressional solution? A necessary, legitimate and effective answer to inaction by a divided, inexpert Congress? Or an alternative reality that will be delayed or rendered toothless by lawsuits?
Weekly Climate Change Policy Update - September 14, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellSeptember 14, 2009
State Department Climate Envoy Todd Stern told a House climate change hearing that the U.S. likely would not accept any emission reduction commitments in Copenhagen more stringent than the Waxman-Markey cap for 2020 . . . The return of members of Congress after the summer district work period brought a minor flurry of activity, including from coal-state Senators organized by Senators Carper and Lieberman. Their draft legislative language addresses carbon capture and sequestration, regulation of geological storage sites, and performance standards for coal-fired power plants . . . USCAP and another grouping of corporations called for Senate action before the end of the year. However, the likelihood of action on the full Senate floor this year seems to diminish with each passing day.
Weekly Climate Change Policy Update - September 8, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellSeptember 8, 2009
Senators Boxer and Kerry announced a delay in the release of their draft climate bill until later in the month. It is unclear whether Majority Leader Reid will accept a corresponding delay in his September 28 deadline for accepting legislative efforts from all six committees with jurisdiction. In any event, it is looking increasingly likely that there will not be consideration of a climate bill by the full Senate this year - though there might be consideration of the energy bill reported out of the Senate Energy and Natural Resources Committee . . . On the same day as the Boxer/Kerry announcement, the EPA let it be known that it had sent a draft proposal to the White House Office Management and Budget for regulation of large sources of GHG emissions under the Clean Air Act’s Prevention of Significant Deterioration and Title V programs. Notably, the Agency has set a size threshold for regulation that is 100 times higher than the threshold that is in the Clean Air Act. It is unclear whether EPA has a legal basis for this approach.
Weekly Climate Change Policy Update - August 31, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellAugust 31, 2009
EPA now has some significant GHG rules winding their way through the Administration, including the new vehicle emission standard rule, the reporting rule and the endangerment finding. A number of sources also are talking about a possible rule aimed at large sources of GHG emissions . . . While Senate-watchers are on the lookout for a draft Boxer bill to be circulated on September 8 or 9, other efforts are also underway. Senators Feinstein and Snowe have been working on carbon market oversight, Senator Stabenow is working on domestic offsets, Senator Cantwell has an alternate climate change proposal, and Senator Kerry has province over all things international.
Weekly Climate Change Policy Update - August 24, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellAugust 24, 2009
EPA Administrator Jackson acknowledged this week that finalizing the GHG emission standards for motor vehicles will trigger obligations under the Clean Air Act for the Agency to impose permitting and technology requirements on stationary sources of GHG emissions. Under the plain language of the Clean Air Act, such requirements potentially would extend to tens of thousands of relatively small facilities. The Agency may seek to redefine this threshold in a future proposed rule for regulation of large sources of emissions . . . The recent Bonn negotiations produced little progress, leaving much on the table to be resolved before Copenhagen . . . The CFTC is flexing its carbon market oversight muscles, proposing to deepen its regulation of the Chicago Climate Exchange.
Weekly Climate Change Policy Update - August 10, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellAugust 10, 2009
In the Senate, who will draft provisions for distributing allowances? Boxer? Baucus? Reid? All of the above? . . . Ten Senators from manufacturing states sent a joint letter emphasizing the importance of having border adjustment measures in any cap-and-trade program . . . Suddenly, there is a lively discussion about an allowance “price collar” - provisions that would set a floor and a ceiling for allowance prices. Both Brookings and the National Commission on Energy Policy released papers advocating such an approach, and it was a topic of discussion at this week’s Senate Finance Committee hearing.
Weekly Climate Change Policy Update - August 3, 2009
Kyle Danish, shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás Carbonell, David Frenkil, Sharon WhiteAugust 3, 2009
This week’s U.S.-China bilateral talks appeared to make incremental progress. It was difficult to discern any early evidence of a Copenhagen breakthrough . . . Will EPA be proposing GHG regulations using its Clean Air Act authorities this Fall? . . . The Brookings Institution issued a report on the need for a price collar in the Senate cap-and-trade program. The Bipartisan Policy Council recently made a similar recommendation. The issue will be getting greater attention in the Senate than it did in the House.
Alaska Energy and Environmental Policy Update - July 30, 2009
Rick Agnew, Alan Mintz, Jon Simon, Andrew VanderJackJuly 30, 2009
In July, Senator Begich drafted federal legislation to create an RCAC for Alaska’s North Slope; Senator Murkowski introduced revenue-sharing legislation for offshore oil and gas development that would also require that oil produced from the Arctic outer continental shelf be transported by pipeline, and not by tanker; activity on proposed federal energy legislation slowed, with the focus in Congress shifting to health care and appropriations; a Senate subcommittee on contracting oversight held a hearing on the participation by Alaska Native Corporations in the Small Business Act section 8(a) contracting program; the Supreme Court reversed a decision of the Ninth Circuit that had invalidated a permit issued by the Army Corps of Engineers for the discharge of mine slurry from the Kensington gold mine, while the Environmental Protection Agency suggested that the discharge permit might be rescinded to require that Kensington place its tailings elsewhere.
Weekly Climate Change Policy Update - July 27, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás Carbonell, Sharon WhiteJuly 27, 2009
Examining the state of the Senate, it is difficult to discern - at least at the moment - a path to 60 votes. Most Senate offices are grappling with health care, and have had little time to digest the 1400 page climate bill that emerged from the House. The open issues are numerous, complex, and meaningful: effects on the agriculture sector, oversight of a new multi-billion dollar commodity trading market, offsets, incentives for nuclear power, impacts of the international reserve allowance provisions on trade, the interplay with multilateral negotiations scheduled for December, allowance allocation, etc.
Weekly Climate Change Policy Update - July 20, 2009
Kyle Danish, Shelley Fidler, Megan Ceronsky, Tomás Carbonell, Kevin gallagher, Marisa Swenson, David FrenkilJuly 20, 2009
Senate hearings this week were marked mostly by broad rhetorical flourishes, but there were hints at what elements might be necessary to draw the extra votes needed for ultimate passage - subsidies for nuclear power, allowance allocations to agriculture, promotion of biomass . . . An intramural battle broke out within the electric power sector. Investor-owned utilities reached a careful compromise on an allowance allocation plan and successfully advocated for its inclusion in the ACES bill. Now, that plan has come under attack by public power entities and cooperatives who claim it leads to windfalls for generators in unregulated markets.
Public Lands and Natural Resources Update - July 15, 2009
Jon Simon, Matthew Love, Sam Kalen, Tyson Kade, Andrew VanderJack, Jeff WinmillJuly 15, 2009
Van Ness Feldman's Public Lands and Natural Resources Update is a regular summary of noteworthy policy, regulatory, and litigation developments relating to federal lands and natural resources. To receive the Update via email, please subscribe here. http://www.vnf.com/news-signup.html
Weekly Climate Change Policy Update - July 13, 2009
Kyle Danish, Shelley Fidler, Megan Ceronsky, Tomás Carbonell, David Frenkil, Sharon WhiteJuly 13, 2009
Chairman Boxer retreated from her accelerated timetable for marking up a cap-and-trade bill in the Senate Environment & Public Works Committee. Her new deadline is early September. Majority Leader Reid has told five other Committee chairmen also to finish their work by the end of September, at which point he has pledged to work to bring a single bill to the floor and have it passed in time for the Copenhagen meetings . . . Hearings this week in the Senate suggested that border measures for uncapped countries will be a major issue.
House Passes Climate Change and Clean Energy Bill
Doug Smith, Kyle Danish, Megan Ceronsky, Tracy NagelbushJune 30, 2009
On June 26th, the House of Representatives voted 219 to 212 to pass H.R. 2454, the American Clean Energy and Security Act, marking the first time a body of Congress has passed legislation to regulate greenhouse gas emissions.
Weekly Climate Change Policy Update - June 29, 2009
Kyle Danish, Shelley Fidler, Megan Ceronsky, Tomás Carbonell, David Frenkil, Sharon WhiteJune 29, 2009
ACES passes the House by a vote of 219-212. Passage of the bill provides a potential roadmap for appealing to agriculture-state and cost-sensitive moderates in the Senate. The ACES victory also provides the Obama Administration with an incrementally stronger negotiating position in Copenhagen . . . Eight Republicans crossed party lines to support the bill (according to Congressional Quarterly, seven are from districts carried by Obama), but 44 Democrats voted against the bill. Senate Majority Leader Reid and Environment & Public Works (EPW) Committee Chairman Boxer announced that the EPW Committee would consider cap-and-trade legislation in July with the aim of passing a bill in the Senate this fall. It is not clear that the rest of the Senate is prepared to move on such an aggressive timetable.
Weekly Climate Change Policy Update - June 22, 2009
Kyle Danish, Shelley Fidler, Megan Ceronsky, Tomás Carbonell, Ari Holtzblatt, Marisa SwensonJune 22, 2009
Having successfully reported a bill out of the Committee, which has a healthy contingent of moderates with fossil interests, Chairmen Waxman and Markey now find themselves confronted with a revolt of farm-state Democrats led by Agriculture Committee Chairman Collin Peterson (D-MN). It appears that negotiations will continue through the week ahead, with a vote on the bill potentially arriving as early as Saturday, June 27th . . . State Department Climate Envoy Todd Stern proposed that China agree to a "peak" emissions year even though China appears not ready to commit to an absolute cap on emissions ...The Senate Energy and Natural Resources Committee reported an energy bill with some Republican support, but expect further action by the full Senate on the renewable electricity standard, drilling, and nuclear power.
Alaska Energy & Environmental Policy Update - June 19, 2009
Rick Agnew, Jon Simon, Julia Wood, Tyson Kade, Jeff Winmill, Andrew VanderJackJune 19, 2009
Mark-up of the Senate energy bill wrapped up this week with provisions that will impact energy development in Alaska. Various energy proposals are brewing in the House of Representatives, including a U.S. carbon cap-and-trade program. The Department of the Interior has asked the D.C. Circuit Court of Appeals to clarify a ruling that vacated the 5-year oil and gas leasing program. U.S. policy on the Arctic has been getting attention on Capitol Hill. The Obama budget proposes to slash critical funding for the Denali Commission. Agriculture Secretary Tom Vilsack has asserted authority over roadless areas in national forests.
Weekly Climate Change Policy Update - June 15, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellJune 15, 2009
Reports suggest that Speaker Pelosi may bring the ACES bill to the floor of the House of Representatives during the week of June 22. This implies that none of the eight committees to which the bill was referred will hold a public mark-up, but rather that the Democrats are working behind closed doors to reach agreement on a procedural method (perhaps a new version of the legislation or an amendment) that would add new matters from the various other Committees with shared or additional jurisdiction on the issues and address at least some of the remaining concerns of Members and stakeholders. A new version would also allow for the inevitable “technical” corrections.
Weekly Climate Change Policy Update - June 8, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellJune 8, 2009
Speaker Pelosi has set a firm deadline - or maybe not so firm - for the Ways & Means and Agriculture Committees to have their say on the contents of the American Clean Energy and Security Act. Agriculture groups, who have influence over a large number of House moderate Democrats, are seeking changes to the offsets provisions, including putting the U.S. Department of Agriculture in charge of agriculture and forestry offsets . . . The Senate Energy and Natural Resources Committee continued work on comprehensive energy legislation . . . Diplomats begin meeting this week in Bonn as part of one of the last major preparatory United Nations negotiating sessions before the Conference of the Parties in Copenhagen in December.
Weekly Climate Change Policy Update - June 1, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellJune 1, 2009
The Memorial Day Congressional recess brought a bit of a respite in legislative activity on climate change in the House, leaving speculation and questions about what roles other House Committees will play on the Waxman-Markey bill and when the bill might reach the House floor . . . Agriculture state Members of Congress continue to target EPA’s determination on calculating the indirect greenhouse gas emissions associated with corn ethanol . . . The World Bank found that the global carbon market nearly doubled in value in 2008 . . . A World Resources Institute study of emission reductions achieved by the Waxman-Markey bill shows that much of the work is done by the bill’s command-and-control standards and supplemental funding for reducing tropical deforestation.
Weekly Climate Change Policy Update - May 26, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMay 26, 2009
The American Clean Energy and Security Act of 2009 was reported out of the House Energy and Commerce Committee by a vote of 33-25 and with a long list of endorsements from major industry trade associations and environmental organizations. What next? . . . The White House ironed out a landmark deal between the Administration, California and other states, and the auto industry to rationalize standards for new vehicles - tying together state and federal interests, fuel economy improvements, and GHG emissions. At the same time, in a message of respect for state authority, the White House issued a memorandum to federal agencies directing them to think twice before using federal regulations to preempt state action.
House Energy and Commerce Committee Reports Climate Change and Clean Energy Bill
Kyle Danish, Doug Smith, Megan CeronskyMay 22, 2009
On May 21st, the House Energy and Commerce Committee agreed 33 to 25 to report the American Clean Energy and Security Act of 2009 to the House of Representatives – fulfilling Chairman Henry Waxman’s pledge to get the bill through Committee by the Memorial Day Congressional recess.
Weekly Climate Change Policy Update - May 18, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomas CarbonellMay 18, 2009
Chairmen Waxman and Markey reached an agreement with moderate Democrats last week and released a new, 1,000 page version of the American Clean Energy and Security Act (ACES). The compromise ACES incorporates a more lenient mid-term emissions cap, a moderated renewable electricity standard, allocation of transitional allowances to industry, and some liberalization of offset requirements . . . The Senate Energy and Natural Resources Committee reached agreement on a transmission siting bill . . . EPA Administrator Lisa Jackson asserted that the agency has the authority to confine its regulatory attentions to large sources of greenhouse gas emissions only - but, in any event, continues to prefer a legislated program.
Weekly Climate Change Policy Update - May 11, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMay 11, 2009
Aided by a push from the President, Democrats on the House Energy & Commerce Committee apparently are closing in on a deal on the Waxman-Markey (ACES) bill, which would pave the way for introducing a new version early next week and following that with a markup in the full 59 member House Energy and Commerce Committee . . . In the Senate, the Energy and Natural Resources Committee is moving forward with new language on transmission siting and nuclear energy. Negotiations on renewable electricity standards continue . . . EPA proposed a renewable fuels standard with a demanding standard for indirect GHG emissions from corn-based ethanol. House Agriculture Committee Chairman Colin Peterson (D-MN) strongly criticized the proposal.
Alaska Energy & Environmental Policy Update - May 8, 2009
Rick Agnew, Tom Roberts, Jon Simon, Tyson Kade, Andrew VanderJack, Jeff WinmillMay 8, 2009
Secretary Salazar announced that the Department of the Interior will not withdraw the Polar Bear Special 4(d) Rule. The Secretaries of the Interior and Commerce announced the withdrawal of the December 2008 final rule modifying the Endangered Species Act section 7 consultation regulations. The U.S. Court of Appeals for the D.C. Circuit vacated the Bush Administration’s five-year oil and gas leasing program for the Outer Continental Shelf. EPA published a proposed endangerment finding, which declares that six greenhouse gases endanger public health and welfare. President Obama continues to develop his natural resources management team. Federal legislation introduced on behalf of Sealaska Corporation may represent the greatest economic stimulus measure available to Southeast Alaska. The Federal Energy Regulatory Commission approved TransCanada’s request for approval to commence the pre-filing process for its proposed pipeline project.
EPA Issues Proposed Renewable Fuels Standard Implementing Regulations; Administration Makes Stimulus Funds Available for Biofuels
Jennifer Owen and Curt RichMay 8, 2009
On May 5, 2009, the Environmental Protection Agency issued proposed rules to implement the renewable fuels standard as updated by the Energy Independence and Security Act of 2007.
Weekly Climate Change Policy Update - May 4, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMay 4, 2009
Negotiations continue behind closed doors as aides for Waxman and Markey work to find common ground with moderate Democrats from the Subcommittee on Energy and Environment in order to avoid a public dust-up in a mark-up. Major top-level issues continue to be unresolved in those negotiations . . . In the Senate, there may be a deal taking shape on a renewable electricity standard . . . For climate change policy, which was the bigger party switch this week: Specter or Holliday?
Weekly Climate Change Policy Update - April 27, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellApril 27, 2009
Four days of legislative hearings on the complex and lengthy House energy and climate bill with over 50 witnesses concluded last Friday and the talks to nail down the details of the legislation - and the necessary number of votes to pass it - heated up in preparation for the subcommittee mark-up that is expected the week of May 4. Negotiations occurred throughout the weekend between Chairmen Waxman and Markey and moderate agriculture- and industrial-state Democrats on the Subcommittee on Energy & Environment. The Democrats sought to resolve key differences about the draft American Clean Energy and Security Act behind closed doors before they move to the subcommittee mark-up next week. The Democrats were working to find common ground on a renewable electricity standard, offsets, and other issues.
Weekly Climate Change Policy Update - April 20, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellApril 20, 2009
EPA published its long-awaited proposed endangerment finding this week. Notably, the scope of the proposal only included the endangerment finding, suggesting that EPA might be moving deliberately, thereby reinforcing the Administration’s oft-stated preference for a legislative program . . . In the House, the Subcommittee on Energy and Environment announced three days of hearings on the Waxman-Markey discussion draft for next week, which will feature Al Gore and a parade of advocates for and against legislation. Following these legislative hearings the Subcommittee is expected to “mark-up” the draft energy and climate legislation in sessions which may last more than one week.
Weekley Climate Change Policy Update - April 13, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellApril 13, 2009
This week provides news that officials from the Obama Administration are reaching out to Democratic Senators comprising the moderate “Gang of 16.” . . . The Bonn international negotiating sessions closed, as expected, without a major breakthrough. . . . Rep. Doyle of Pennsylvania, a key moderate Democrat on the Subcommittee on Energy & Environment, predicts that deliberations on the Waxman-Markey bill will focus on renewable electricity standards, emission targets, and allowance allocation . . . State officials from California and the RGGI states assert that they are OK with the Waxman-Markey draft’s preemption provisions.
Alaska Energy & Environmental Policy Update - April 9, 2009
Rick Agnew, Jon Simon, Andrew VanderJackApril 9, 2009
House Democrats released a draft energy and climate bill that would establish a national cap-and-trade regime and a “twenty-five by twenty-five” national Renewable Electricity Standard; President Obama signed a massive omnibus public lands bill; Sixty-seven Democratic members of the House of Representatives asked President Obama to establish a task force to re-write federal Arctic management programs; In April, Anchorage will host The Indigenous Peoples’ Global Summit on Climate Change.
Public Lands and Natural Resources Update - April 7, 2009
Jonathan Simon, Mathew Love, Sam Kalen, Jeffery WinmillApril 7, 2009
Van Ness Feldman's Public Lands and Natural Resources Update is a regular summary of noteworthy policy, regulatory, and litigation developments relating to federal lands and natural resources. To receive the Update via email, please subscribe here. http://www.vnf.com/news-signup.html
Weekly Climate Change Policy Update - April 6, 2009
Kyle Danish, Shelley Fidler, Kevin gallagher, Megan Ceronsky, Tomás CarbonellApril 6, 2009
The Waxman-Markey draft arrived this week, outlining a Federal cap-and-trade program, renewable electricity standard, energy efficiency standard, and a range of other policies and programs. What the draft did not include was a system for distributing allowances, thereby leaving a multi-billion dollar question mark lingering over the proposal. Now begins a period of accelerated deliberations. Waxman and Markey plan a subcommittee mark-up during the week of April 27th, and a full committee mark-up during the week of May 11.
Chairmen Waxman and Markey Release Draft Climate Change and Clean Energy Legislation
Kyle Danish, Stephen Fotis, Doug Smith, Tomás Carbonell, Jennifer OwenApril 3, 2009
On March 31, 2009, Rep. Henry Waxman, Chairman of the House Committee on Energy and Commerce, and Rep. Edward Markey, Chairman of the Subcommittee on Energy and Environment, unveiled a long-anticipated discussion draft of a comprehensive climate change and clean energy bill.
Weekly Climate Change Policy Update - March 30, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMarch 30, 2009
Legislators introduced a number of climate-related bills in the past week. However, the climate change legislative season really begins on March 31. On that day, Rep. Ed Markey (D-MA) - Chairman of the Energy & Environment Subcommittee of the House Energy & Commerce Committee - will release his draft cap-and-trade bill. Chairman Markey and full committee Chairman Henry Waxman (D-CA) have been laying groundwork for release of the draft through meetings with their relatively more centrist brethren on the Committee.
Weekly Climate Change Policy Update - March 23, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMarch 23, 2009
The path to a climate change bill in the Senate remains murky . . . While efforts in the House of Representatives are largely focused on the Energy & Commerce Committee, other committees are asserting their interest . . . Governors and their representatives are actively participating in the design of the Western Climate Initiative, but it is not clear whether the state legislatures are going to go along for the ride.
Weekly Climate Change Policy Update - March 16, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMarch 16, 2009
April marks the two-year anniversary of the Supreme Court’s decision in Massachusetts v. EPA, and it appears that the EPA will mark the milestone by issuing the long anticipated “endangerment” finding for greenhouse gas emissions . . . Questions of process continue to cloud Senate efforts to move climate change legislation. A trial balloon idea of attaching a cap-and-trade program to the budget reconciliation process was brought down to earth by 29 Senatorial darts. The Majority Leader’s proposal to move climate change together with energy also is looking increasingly deflated.
Alaska Energy & Environmental Policy Update - March 11, 2009
Rick Agnew, Tom Roberts, Jon Simon, Andrew VanderJackMarch 11, 2009
In this issue, Senator Kim Elton is appointed Director of Alaska Affairs at the U.S. Department of the Interior. Senators Lisa Murkowski and Mark Begich attempt to prevent Members of Congress and the Obama Administration from rolling back Endangered Species Act regulations for the polar bear without standard notice and comment proceedings. Congress passes a $410 billion omnibus appropriations bill and a $743 billion stimulus bill. Senator Murkowski introduces a new ANWR bill. And, the Department of the Interior, the U.S. House Committee on Natural Resources, and the U.S. Senate re-examine national offshore drilling policy.
Weekly Climate Change Policy Update - March 9, 2009
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellMarch 9, 2009
In international news, the EU Environment Ministers reaffirmed their call for a mid-term emissions target for developed countries of 25-40 percent below 1990 levels by 2020. However, State Department Climate Envoy Todd Stern made clear that the United States would not support such a proposal. Senate Majority Leader Reid and House Speaker Pelosi now have the same basic game plan: Develop legislation that combine cap-and-trade with energy policy, including a renewable electricity standard and transmission reform. Discussions in the House Subcommittee on Energy and Environment on offsets in cap-and-trade legislation suggest that, for the Democrats, the issue is not “whether” but “how.”
Weekly Climate Change Policy Update - March 2, 2009
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin Gallagher, Megan CeronskyMarch 2, 2009
The Audacity of Auctioning. President Obama made a dramatic entrance into the debate over climate change legislation this week, calling for a cap-and-trade program with an emissions cap that declines to 83% below 2005 levels by 2050 and calling for 100% auctioning of allowances. Will Congress, including members of the President’s own party, be willing to go along with this approach?
Weekly Climate Change Policy Update - February 23, 2009
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin Gallagher, Megan CeronskyFebruary 23, 2009
Just Deserets? EPA Administrator Lisa Jackson said the agency would reconsider (but would not, at this point, stay the effectiveness of) the Deseret memo issued by her immediate predecessor. The memo asserted that new or modified power plants are not subject to CO2 emissions regulation under the Prevention of Significant Deterioration program under the Clean Air Act. The Senate and the House are exploring different paths through energy and climate change legislation. The Senate seems prepared to move sequentially, while the House Energy and Commerce Committee plans to consider both subjects in the same piece of legislation.
Weekly Climate Change Policy Update - February 17, 2009
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin Gallagher, Megan CeronskyFebruary 17, 2009
EPA is moving forward with its registry for mandatory GHG emissions reporting. Substantial funding for clean energy survived in the final version of the stimulus bill. The composition of the key Senate committees - Energy & Natural Resources and Environment & Public Works - is taking shape. In Europe, problems with the economy have translated into plunging prices for allowances in the European Union Emissions Trading System.
Renewable Energy and Energy Efficiency Programs Emerge as Winners in American Recovery and Reinvestment Act
Curt Rich, Todd WootenFebruary 13, 2009
With more than $43 billion in grant funding, loan guarantees and tax incentives, renewable energy and energy efficiency programs emerged as winners in the final version of the American Recovery and Reinvestment Act agreed to by Congressional negotiators yesterday.
Senate Passes Version of the American Recovery and Reinvestment Act
Todd WootenFebruary 10, 2009
Earlier today, the Senate passed its version of the American Recovery and Reinvestment Act. The bill includes a proposal to cut spending by Senators Ben Nelson and Susan Collins.
Weekly Climate Change Policy Update - February 9, 2009
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin Gallagher, Megan CeronskyFebruary 9, 2009
Chairman Boxer issued a set of "principles" to guide the development of climate change legislation as a number of climate-related proposals were put forward in Congress. Meanwhile, EPA initiated its reconsideration of the denial of the California waiver for GHG standards for new motor vehicles, and a group of governors from states with cap-and-trade programs wrote to President Obama seeking federal-state collaboration on climate change.
Alaska Energy & Environmental Policy Update - February 4, 2009
Rick Agnew, Tom Roberts, Jon Simon, Andrew VanderJackFebruary 4, 2009
Congress moved forward on an $800 - $900 billion stimulus package, confirmed key federal Department and agency nominations, and promised major shifts in federal energy, environmental, and natural resource policies. This spring, Congress is expected to consider major energy legislation that could encompass a federal renewable electricity standard and address energy production on public lands. Expanded development on the Outer Continental Shelf also is likely to be addressed in the energy legislation. In a positive development for Alaska’s congressional representation, Senator Murkowski was recently seated on the Senate Appropriations Committee.
Weekly Climate Change Policy Update - February 2, 2009
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin Gallagher, Megan CeronskyFebruary 2, 2009
As expected President Obama has directed EPA to reconsider the denial of the Clean Air Act waiver to California. Stimulus packages continue to move forward in both the House and Senate with substantial new funding for energy initiatives. Senator John Kerry is taking steps to establish a "working group" of Senators to work on climate change legislation. Chairman Boxer’s office has announced that she will publish “principles” for cap-and-trade legislation next week.
House Set to Enact Stimulus this Week
Tracy NagelbushJanuary 26, 2009
Three House Committees completed action on the “American Recovery and Reinvestment Plan” last week. House Majority Leader Hoyer (D-MD) explained that the proposals passed by these committees will be combined and acted on by the full House on Wednesday, January 28th.
Weekly Climate Change Policy Update - January 26, 2009
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin Gallagher, Megan CeronskyJanuary 26, 2009
Speaker Pelosi pledged to pass climate change legislation out of the House by December; this after Chairman Waxman pledged to pass legislation through his Energy & Commerce Committee before the Memorial Day recess. The House Energy & Commerce Committee is taking steps to leave its mark on the House stimulus bill, establishing substantial new funding for energy efficiency and clean energy projects.
House Energy and Commerce: Change Comes to the Committee
Shelley Fidler, Tracy NagelbushJanuary 21, 2009
Democratic members of Congress took the change theme to heart when they decided on new leadership for one of the most powerful committees in the United States House of Representatives shortly after Election Day. For the first time in almost 30 years, the House Energy and Commerce Committee—with legislative and oversight jurisdiction including telecommunications, energy, environment and health care policy, as well as any legislative proposals addressing travel, tourism, and time—will have a new leader. Congressman Waxman was elected by the Democratic Caucus to chair the Energy and Commerce Committee of the 111th Congress.
Weekly Climate Change Policy Update - January 21, 2009
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin Gallagher, Megan CeronskyJanuary 21, 2009
The starting pistol went off this past week. EPA Administrator-nominee Lisa Jackson strongly indicated that there would be early action on the waiver for California’s motor vehicle GHG emissions standard. Chairman Waxman stated that he wants to report climate change legislation out of the Energy and Commerce Committee before Memorial Day. An Edison Electric Institute statement outlining its “50-50-50” proposal, coupled with the US Climate Action Partnership's “Blueprint” for climate legislation, indicates that we are entering into a new stage of deep industry engagement on policy design.
Energy Provisions Prominent in House Stimulus Legislation
Todd Wooten, Tracy NagelbushJanuary 16, 2009
After weeks of speculation and consideration, the much anticipated economic stimulus legislation was unveiled and introduced on January 15th in the House of Representatives.
Weekly Climate Change Policy Update - January 12, 2009
Andrea Hudson Campbell, Megan Ceronsky, Kyle Danish, Shelley Fidler, Kevin GallagherJanuary 12, 2009
In a season of changes, this week’s big change was the ascension of Rep. Ed Markey to Chairman of a new Subcommittee on Energy and Environment, which will be the first stop for climate change legislation in the House of Representatives.
Alaska Energy & Environmental Policy Update - January 9, 2009
Alan Mintz, Rick Agnew, John Iani, Jon Simon, Andrew VanderjackJanuary 9, 2009
This first edition focuses on the 111th Congress. As Alaska’s new junior Senator Mark Begich takes his seat, what issues will this Congress tackle first? How is the political landscape different in the absence of Senator Stevens? What are the ramifications for Alaska of the White House and the Congress both being controlled by Democrats?
Weekly Climate Change Policy Update - December 22, 2008
Andrea Hudson Campbell, Megan Ceronsky, Kyle Danish, Shelley Fidler, Kevin GallagherDecember 22, 2008
A common thread among President-elect Obama’s recent cabinet appointments – from Labor to NOAA to the Science Advisor – is a concern for and deep expertise in climate change and clean energy . . . The outgoing EPA Administrator sent a letter to the agency’s regional offices allowing them to issue permits for coal-fired power plants without CO2 emission limits. Expect the decision to be revisited by the Obama Administration . . . The RGGI held its second allowance auction. Notably, a report issued this week concludes that the system already is “long”; emissions are below the cap.
Weekly Climate Change Policy Update - December 15, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin Gallagher, Megan CeronskyDecember 15, 2008
President-elect Obama named his green team this week, choosing experienced, tough-minded regulators and a Nobel-prize winning physicist instead of political heavyweights. As expected, the COP-14 in Poznan ended without meaningful agreement, although several countries - Australia and Mexico included - announced significant reduction commitments. The California Air Resources Board formally adopted the CARB Scoping Plan for implementation of AB 32, setting the stage for a statewide cap-and-trade program. Statements in Congress made clear that a Democratic majority does not mean Democratic unanimity on the timing and ambition of cap-and-trade legislation.
Weekly Climate Change Policy Update - December 9, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherDecember 9, 2008
Poznan: positioning or posing? At the Fourteenth Conference of Parties (COP-14) in Poznan, Poland, Brazil agrees to adopt an ambitious target for reducing deforestation, and legislators from “advanced developing countries” - Brazil, India, China, South Africa, and Mexico - suggest that they might be willing to accept targets based on emissions intensity. Will Poznan see progress on reforms to the Clean Development Mechanism? When will the new Chairman of the House Energy & Commerce Committee, Rep. Henry Waxman, make a statement about his plans for energy and climate change legislation?
Weekly Climate Change Policy Update - November 24, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherNovember 24, 2008
Last week, the legislative environment continued to develop, as President-elect Obama made a forceful statement of commitment to cap-and-trade legislation despite a difficult economy; Senate EPW Chairman Barbara Boxer (D-CA) said that she would work to achieve the President-elect’s goals for reductions, and would come forward with a “streamlined” program; Senator Joseph Lieberman (I-CT) announced that he and Senator John McCain (R-AZ) would begin work on a new Lieberman-McCain bill; and a decisive majority of voting Democratic caucus members handed the gavel of the House Energy & Commerce Committee to Henry Waxman (D-CA).
Weekly Climate Change Policy Update - November 17, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherNovember 17, 2008
EPA’s Environmental Appeals Board decided this week that EPA could not issue a permit to a coal-fired power plant without considering whether to impose a “Best Available Control Technology” CO2 limit, a decision that could bring permitting of new fossil-fired power plants to a halt until the agency or the Congress establishes new GHG policies. Senator Jeff Bingaman, Chairman of the Senate Energy and Natural Resources Committee, expressed skepticism about the use of offsets in cap-and-trade legislation. Robert Sussman, co-chairman of the Obama transition for EPA, published a paper arguing that the Dingell-Boucher bill “should not be the starting point for legislative action in the Congress...”
Weekly Climate Change Policy Update - November 11, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherNovember 11, 2008
What can we expect from President-elect Obama and the new Congress? Expect some near-term green energy legislation and possibly cap-and-trade legislation. Another big change? Rep. Henry Waxman is challenging John Dingell’s Chairmanship of the House Energy & Commerce Committee. Rep. Waxman is seen as more aggressive on environmental issues than Chairman Dingell, the most senior House member, who has strong ties to the Detroit-based auto industry. Dingell’s recently released discussion draft (offered with Rep. Rick Boucher) suggested some innovative solutions to some of legislative problems, but Waxman’s openness to market-based approaches to GHG regulation is unclear.
Post-Election Update
Edited by Curt RichNovember 6, 2008
Democrats captured the White House and substantially improved their majorities in the U.S. Senate and House of Representatives during Tuesday’s national elections. President-elect Barack Obama and his team plan to move quickly with a transition plan, with key cabinet positions possibly being announced as early as next week.
Weekly Climate Change Update - November 4, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherNovember 4, 2008
Phased and confused? The European Union member governments are currently stalemated on approval of an ambitious program for Phase III of the European Union Emissions Trading System. Proponents are eager to reach an agreement between the EU Council and the EU Parliament by mid-December, so that the EU can assert a lead-by-example role at the UN talks in Copenhagen. Clean Air Act-based regulation of GHG emissions? Republican candidate for President John McCain would not go there, says a top campaign advisor, but an association of state environmental regulators wants to go there - and wants to go there today.
Weekly Climate Change Policy Update - October 27, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherOctober 27, 2008
With election day approaching, speculation is growing about what to expect in 2009 on climate change if an economy-wide cap-and-trade program proves infeasible to enact. Also, how to make use of EPA’s endangerment finding could be a particularly contested area. Some NGOs are pushing for EPA to start acting as soon as possible to promulgate regulations covering the largest sources of emissions.
Weekly Climate Change Policy Update - October 20, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherOctober 20, 2008
The Obama campaign says that, absent Congressional action, an Obama Environmental Protection Agency would move forward with Clean Air Act-based regulation of GHG emissions. The California Air Resources Board came out with its final Scoping Plan for GHG regulations, which calls for a phased-in, but ultimately broad, cap-and-trade program complemented by a raft of other emission controls, efficiency measures, and an ambitious Renewable Portfolio Standard of 33%.
Weekly Climate Change Update - October 13, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherOctober 13, 2008
The major news of the week is the release of the Dingell-Boucher discussion draft. In both content and process, the draft is a departure from the Boxer-Lieberman-Warner program. In content, the draft proposes a moderate start, but an ambitious long-term emissions reduction path. In terms of process, the Chairmen are seeking a more open and deliberate stakeholder consultation process. Both the United States and the European Union are working on their post-2012 domestic programs, with many similar issues up for debate.
Weekly Climate Change Policy Update - October 6, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherOctober 6, 2008
Action is possible in the House of Representatives this week with the potential release of a much anticipated Dingell-Boucher “discussion draft,” which may address such contentious issues as emission targets and timetables, allowance distribution, offsets, cost containment, and the point of regulation for natural gas. The Senate “Gang of 10” is now a “Gang of 16” and it continues to draw a group of heartland and mountain state Democrats. It was a busy week for California climate initiatives, with action by both the Governor and the California Air Resources Board. In the international arena, several countries released position papers outlining their views of what a post-2012 regime should look like.
Weekly Climate Change Policy Update - September 29, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherSeptember 29, 2008
With the unfolding financial crisis on Wall Street, it seems likely that federal climate change legislation might not top the agenda of Congress in 2009. This means that there could be increasing attention to the state and regional climate programs. The Regional Greenhouse Gas Initiative had its first auction of allowances, while the Western Climate Initiative released its design principles and the California agencies oversee electric power provided recommendations on the design of a cap-and-trade program for the state’s power sector.