On Feb. 28, 2022, the U.S. Supreme Court will hear oral arguments in West Virginia v. EPA, a case that centers on the U.S. Environmental Protection Agency’s authority to regulate greenhouse gas emissions that drive climate change. How the court decides the case could have broad ramifications, not just for climate change but for federal regulation in many areas.
This case stems from actions over the past decade to reduce greenhouse gas emissions from power plants, a centerpiece of U.S. climate change policy. In 2016, the Supreme Court blocked the Obama administration’s Clean Power Plan, which was designed to reduce these emissions. The Trump administration repealed the Clean Power Plan and replaced it with the far less stringent Affordable Clean Energy Rule. Various parties challenged that measure, and a federal court invalidated it a day before Trump left office. Continue reading →
Xcel Energy’s Sherburne County (Sherco) Generating Station, a coal-fired power plant, near Becker, Minnesota. Photo: Tony Webster/flickr/CC
As U.S. President Joe Biden prepares for a consequential United Nations climate summit in Scotland, the Supreme Court on Friday provoked widespread alarm by agreeing to review the Environmental Protection Agency’s authority to limit planet-heating pollution.
“The Supreme Court could destroy the planet. Pass it on,” tweeted Rep. Earl Blumenauer (D-Ore.) in response to the decision. Continue reading →
The Sherburne County (Sherco) Generating Station, a coal-fired power plant owned by Xcel Energy and located in Becker, Minnesota, shown in 2016. (Photo: Tony Webster/Flickr/cc)
Climate campaigners welcomed a federal court’s decision Tuesday to strike down the Trump administration’s Affordable Clean Energy rule—dubbed by its critics the “Dirty Power” rule—which loosened restrictions on greenhouse gas emissions from coal plants.
“A failure by Trump is a major win for the planet,” said Clare Lakewood, legal director of the Center for Biological Diversity’s Climate Law Institute. “The court has wisely struck down another effort by this administration to shred environmental protections in service of polluters.” Continue reading →
President Donald Trump’s ongoing efforts to roll back regulations designed to protect the environment, workers, and public health likely played a significant role in the spread of Covid-19 in the United States.
That’s according to a new report released Tuesday by New York University School of Law’s Institute for Policy Integrity (IPI), a nonpartisan policy think tank. Continue reading →
Demonstrators at an Earth Day 2017 event carry signs promoting science and challenging President Donald Trump’s agenda. (Photo: Takver/flickr/cc)
An organization launched in 2017 by former staffers of the U.S. Environmental Protection Agency marked the 50th annual Earth Day Wednesday by releasing a report about the efforts of President Donald Trump’s administration to gut regulations enacted under his predecessors to preserve public health and the planet.
“The actions by the Trump administration to undermine environmental and public health protections are not acceptable,” Michelle Roos, executive director of the Environmental Protection Network (EPN), said in a statement. “Fortunately, EPN members, EPA alumni with decades of expertise and experience, have volunteered their time to detail how this administration is hurting people and the natural world on which we all depend.” Continue reading →
Xcel Energy’s Sherburne County (Sherco) Generating Station, a coal-fired power plant, near Becker, Minnesota. Photo: Tony Webster/Wikimedia/CC
A coalition of 22 states and seven major American cities sued the Trump administration Tuesday over its repeal of the Obama-era Clean Power Plan and a replacement that critics have dubbed the “Dirty Power” rule.
The lawsuit (pdf), filed in the U.S. Court of Appeals for the District of Columbia Circuit, targets the administration’s so-called Affordable Clean Energy (ACE) rule, which eases restrictions on coal plants imposed by the Obama plan, the first national policy to limit power plants’ carbon emissions. Continue reading →
The Camp and Woolsey fires in California cost at least $9-13 billion in damage, according to a Christian Aid report . (Photo: U.S. Forest Service)
A new study out Tuesday backs up a series of legal challenges launched by Democratic state attorneys general alarmed by President Donald Trump’s deregulatory rollbacks designed to benefit polluting industries at the expense of public health, the environment, and the economy.
These types of events not only highlight the potential of harm to humans and the environment due to this type of uncontrolled pollution, but also the linkage between environmental regulations and the risks communities face when natural disasters occur. Continue reading →
Rep. Mark Walker (R-NC) is the chair of the Republican Study Committee, a far-right caucus for House Republicans.
An ultraconservative Republican House caucus on Wednesday put forth its spending plan that represents a draconian wishlist of attacks on the social safety net and consumer and environmental protections while including a plan to further enrich the wealthy by making making permanent parts of the GOP tax plan.
The budget blueprint from the Republican Study Committee (RSC)—and titled A Framework of Unified Conservatism—says it “would take unprecedented steps to begin the deconstruction of the administrative state” and would cut $12.4 trillion over the next decade from federal spending. Continue reading →
The executive order signals a sharp shift in federal climate change rules, standards and work procedures. This was expected based on Trump’s campaign rhetoric and his selection of Cabinet members and advisers. But as with other Trump White House initiatives, it is unclear how much change the administration can deliver and at what pace.
It took a long time for the Obama administration to formulate some of the central climate change rules now targeted by the Trump administration, and it will take years trying to change them. The signing of the executive order is just the administration’s opening salvo in what is destined to become a protracted and high-stakes battle.
The Trump attack
Cloaked in unsubstantiated “pro-growth” rhetoric, the executive order targets the Obama administration’s Clean Power Plan. It also focuses on mandates to cap methane emissions, looks to increase support for the extraction and use of coal and other fossil fuels, and changes the ways in which climate change concerns are embedded in actions by federal agencies (including taking into consideration the social cost of carbon).
The Clean Power Plan was designed to curb carbon dioxide emissions from existing coal-fired power plants as well as to promote renewable energy production and greater energy efficiency. The Obama administration also set emissions standards for new power plants. These and other measures were issued in response to the unwillingness by the U.S. Congress to pass any separate climate change legislation.
Announced in August 2015, the Clean Power Plan was immediately challenged in court by a group of 29 states and state agencies with the support of a variety of firms and industry organizations, including Oklahoma while current EPA Administrator Scott Pruitt was the state’s attorney general. The opponents argued the EPA had overstepped its regulatory authority with the new rules and they therefore should be struck down.
The Supreme Court in an unprecedented decision in February 2016 ordered the EPA to temporarily stay the implementation of the Clean Power Plan until a lower-level court had made a ruling on the EPA’s authority to set such standards. Oral hearings were held in the D.C. Circuit Court in September 2016, but a decision is still pending.
Because the EPA under Pruitt will review the Clean Power Plan and roll back other Obama initiatives, the executive order alters basic legal dynamics. Now, lawsuits making their way up the court system will change. Instead of challenging the Obama rules, suits will be aimed at forcing the Trump administration to either uphold them or take other forms of meaningful regulatory action.
Many states and environmental groups that support the Clean Power Plan and other existing measures stand ready with a lineup of lawyers to fight back. They will argue that the federal government must act based on a 2007 U.S. Supreme Court decision classifying CO2 as a pollutant under the Clean Air Act and a 2009 EPA Endangerment Finding stating that current and projected atmospheric concentrations of greenhouse gases threaten the public health and welfare of current and future generations.
Will we still always have Paris?
The executive order is silent on the Trump administration’s intent vis-à-vis the 2015 Paris Agreement, in which nearly 200 countries agreed to lower greenhouse gas emissions. But it casts a long shadow both on the U.S. ability to meet its Paris goal and the future of U.S. international leadership on climate change.
The implementation of the Clean Power Plan is central to fulfilling U.S. commitments under the Paris Agreement of reducing national GHG emissions by 26-28 percent below 2005 levels by 2025 and to make best efforts to reduce its emissions by 28 percent. By 2014, national emissions were down 9 percent compared with 2005 levels.
Electing to either leave or ignore the Paris Agreement would not provide the United States with more independence and flexibility, as it reduces its political influence and ability to shape future decisions in global climate negotiations.
There are other global environmental treaties around biodiversity protection and the management of hazardous chemicals and wastes to which the United States is not a party. As a result, the U.S. ability to influence regulatory decisions under these treaties is severely limited – for example, specific chemical compounds where there is a need to protect human health and the environment, or where U.S. firms have economic interests. This foreshadows the kind of outsider status that the United States may gain if it backs out of the Paris Agreement.
Notably, ceding international leadership on climate change may serve only to embolden other countries, including China, to take on a more prominent role at the expense of U.S. influence. It would also further increase many other countries’ rapidly mounting frustration with the Trump administration.
Many different stakeholders, including ExxonMobil, argue that it is better for the United States to be on the inside rather than the outside when it comes to the future climate change cooperation. Former ExxonMobil CEO and current Secretary of State Rex Tillerson has suggested the U.S. should stay in the agreement.
US paying for assistance or ammunition?
Even if the United States stays with the Paris Agreement, President Trump and Republicans in Congress have made it clear they want to severely limit, or completely cut off, U.S. contributions to climate finance in support of mitigation and adaptation measures in developing countries. The United States so far has provided US$1 billion of the $3 billion pledged by the Obama administration to the Green Climate Fund.
Carrying through on these statements by significantly reducing U.S. international assistance would effectively erode an important basis of U.S. political leadership and influence. But they appear to be part of a larger shift in the use of foreign policy instruments from nonmilitary means, such as climate and development aid, to military ones.
Trump’s “skinny budget” proposed a 31 percent cut to the EPA budget and a 29 percent reduction in funds for the State Department and other development programs. There is very little chance that Congress will approve such dramatic cuts, but these proposals tie in with what seems to be a broader change in U.S. foreign policy strategy.
As Trump proposed a 10 percent increase in the military budget, foreign policy experts worry that a significant cut in nonmilitary resources will severely undermine U.S. leadership and the ability by the State Department and other government agencies to promote U.S. interest and political stability.
The court of public opinion
As the battle over federal climate change policy continues, President Trump risks losing the public opinion battle on climate change beyond his most ardent base.
A recent poll shows that 75 percent of Americans believe that carbon dioxide should be regulated as a pollutant and that 69 percent believe that there should be limits on emissions from existing coal-fired power plants.
If such polling numbers remain strong, the Trump administration will be fighting an uphill battle in both courtrooms and the public sphere.