The Pull of Energy Markets -- and Legal Challenges -- Will Blunt Plans to Roll Back EPA Carbon Rules
Professor Hari Osofsky of Pennsylvania State University co-authored this article with Center for Progressive Reform Member Scholar and Florida State University College of Law Professor Hannah Wiseman. It originally appeared in The Conversation on October 13, 2017.
On Oct. 10, EPA Administrator Scott Pruitt formally announced a repeal of the Clean Power Plan, regulation intended to curb greenhouse gas emissions from existing coal- and natural gas-fired power plants.
This follows a directive only a week earlier by Energy Secretary Rick Perry for the the Federal Energy Regulatory Commission to start a process to essentially subsidize coal and nuclear power plants.
At first blush, these developments give the impression that the U.S. power sector is about to take a dramatic turn, and these decisions do indeed represent a significant shift in U.S. policy. But major changes on the ground are unlikely to happen overnight, or perhaps even in the next several years, for many reasons. Topping the list are legal challenges and simply the way competitive energy markets work.
Headwinds from natural gas, wind and solar
Legally, the Clean Power Plan repeal is already facing a challenge. The same day as its demise was announced, New York Attorney General Eric T. Schneiderman responded that he would lead a coalition of states and localities in a lawsuit defending the Clean Power Plan.
Unless the Trump administration replaces the Clean Power Plan with something that addresses greenhouse emissions adequately, its decision is
Under the Radar: What States Are Doing about Energy and Climate
What happens in Washington gets a lot of attention. You probably also follow what's going on in your own state. But it's very hard to know what's happening in states across the country. In an effort to get a better sense of that, I've explored state activity on climate change and energy in a series of posts. This wasn't a fifty-state survey, or even a statistically valid random sample. But it does indicate what's happening in a range of states,
Trump's Unified Agenda: Sending the Energy Sector Back to the Dark Ages
President Trump's first Unified Agenda of Regulatory and Deregulatory Actions, released last week, aims to cut regulations across the board, but the broad swath of energy programs and regulations under the ax is particularly notable. The U.S. energy sector, finally catching up with the rest of the world, has modernized by leaps and bounds in recent years with the help of limited but targeted governmental support. But Trump's agenda would bring this all to an abrupt halt and send us
No Way to Make a Sausage
As appalling as the first five months of the Trump presidency have been to those of us who care about public policy and good government, we can't claim to be surprised. As Hillary Clinton memorably explained to historians last summer in Philadelphia, "There is no other Donald Trump. This is it." But what has been a surprise is how bad this Congress has been at legislating. Paul Ryan and Mitch McConnell are hardly newbies to the Washington scene or the
The Message Congress Needs to Hear As It Debates Our Water Infrastructure Needs
Last fall, the Senate directed the Environmental Protection Agency (EPA) to contract with the National Academy of Public Administration (NAPA) to conduct an independent study on affordability of municipal investments in water infrastructure. As someone who spent several years within the halls of the Maxwell School of Citizenship and Public Affairs at Syracuse University, I was honored to contribute to NAPA's research efforts by responding to a survey with suggestions for public administrators and communities struggling to meet the challenges
Slowly and Grudgingly, Change Is Coming to Coal Country
A sign of the times: Fox News has reported, without comment, that the Kentucky Coal Museum is installing solar panels to save money. This is part of a larger trend. On Saturday, the New York Times reported on shifts in power production in states like West Virginia and Kentucky. For instance, Appalachian Power has “closed three coal-fired plants and converted two others to gas, reducing its dependence on coal to 61 percent last year, down from 74 percent in 2012.” In response to an
Trump Budget Would Rob Public Programs to Give Money to Private Corporations
President Trump’s FY 2018 budget request may be DOA in Congress, but it nonetheless offers critical insight into how he expects to pay for his border wall, increase defense spending, offer up a trillion-dollar infrastructure plan, and carry out his other pet projects, all while cutting corporate taxes. The bottom line is that he intends to eliminate some public programs and rob many others, and give that money to private corporations. The Trump budget proposal to slash funding for the
New Amicus Supports Challenge to Trump's 'Two-for-One' Order
Yesterday, ten distinguished law professors, all of them CPR Member Scholars writing in their individual capacities, filed an amicus brief in support of a lawsuit brought by Public Citizen, the Natural Resources Defense Council (NRDC), and the Communication Workers of America challenging as illegal and unconstitutional the Trump administration’s Executive Order 13771. The order requires agencies to identify at least two existing rules to repeal for every new one they seek to issue and to ensure that the money companies would
Trump's Fossil Fuel Dream Team Faces Climate Change's Checks and Balances
Due to the blinders of his fossil fuel dream team and the industry's myths denying climate change (#ExxonKnew), President Donald Trump seems once again on the verge of withdrawing from the Paris climate change accord. That's a fool's errand. Withdrawal from the Paris Agreement would be a major blow to U.S. standing and leadership in the world. It would also slow our country's efforts to do our part in avoiding catastrophic climate change. So why is he even considering a
Trump's Plan to Dismantle National Monuments Comes with Steep Cultural and Ecological Costs
Professors Michelle Bryan and Monte Mills of the University of Montana co-authored this article with Center for Progressive Reform Member Scholar and University of Nebraska—Lincoln Professor Sandra Zellmer. It originally appeared in The Conversation on May 3, 2017. In the few days since President Trump issued his Executive Order on National Monuments, many legal scholars have questioned the legality of his actions under the Antiquities Act. Indeed, if the president attempts to revoke or downsize a monument designation, such actions
Reaching Higher Ground in the Face of Climate Change
We've seen a flurry of news coverage in the last several weeks on climate migration, displacement, and relocation. In a new report published today, the Center for Progressive Reform explores these issues and examines tools and resources that communities can use when faced with the challenges of relocating out of harm's way. The New York Times Magazine recently profiled one homeowner in Norfolk, Virginia, who purchased a home that had never been flooded, but in the ten years since has
Trump's Environmental Steamroller Bears Down on National Monuments
Donald Trump's antagonism toward environmental and natural resource protections seems to know no bounds, legal or otherwise. Among his latest targets are our national monuments, which include some of the most beautiful and historically, scientifically, culturally, and ecologically important tracts of federally owned lands. During the reign of destruction the president has unleashed in his first 100 days in office, his commitment to fossil fuel resource extraction and development regardless of the impact on our nation's natural resource heritage has
Why Trump's Environmental Rollbacks Won't Boost the Economy
It was Ronald Reagan who popularized attacks on regulations when he was on the campaign trail in 1980, and since then, the tactic has been an inescapable feature of our political landscape. The false claims about environmental regulations, job creation, and the economy have been repeated so frequently and for so long that many Americans don't even question them. Yet no matter how many times a fallacy like this is repeated, it remains untrue. President Trump and his administration have
Yale economist William Baumol has written extensively on the connection between innovation and economic productivity. He has demonstrated that the United States has long been committed to promoting innovation, and through innovation, virtuous circles of economic growth are created. Unfortunately, the current administration appears committed to curtailing, even stopping, that growth. The president's first budget has many targets. One, though, directly contradicts Baumol's research and, more problematically, directly contradicts the U.S. Constitution. From the Founding, it has been a fundamental
The Murr Case: Of Lot Mergers and the Future of Land Use Regulation
On Monday, the Supreme Court will hear oral argument in a seemingly minor zoning case, Murr v. State of Wisconsin. In reality, the case involves a fundamental challenge to public authority to protect our communities and private property. In particular, if the Court were to rule in favor of petitioners, it would make it vastly more difficult for communities to compel large-scale developers to comply with zoning and other land use laws. Here’s the back story. In 1972, the Secretary
Attacking Regulation Using Slogans, Not Analysis
The Trump administration’s fundamental hostility to government is by now plainly apparent. The President issued an executive order requiring agencies to get rid of two regulations for each new one that is adopted. He appointed administrators who have been extraordinarily hostile to the missions of the departments and agencies that they now head, such as Scott Pruitt at EPA and Betsy DeVos at the Department of Education. And he has proposed deep budget cuts for regulatory agencies. Instead of the
Is Texas Cleaning Up Its Act?
At a national meeting of state utility regulators, the head of the group recently said that the Clean Power Plan was basically dead, but this might not matter because "arguably, you're seeing market-based decarbonization" due to technological changes. Case in point: Texas. Market trends are pushing Republican stronghold Texas toward a cleaner grid. ERCOT, which operates nearly all of the state's grid, recently projected that in the next fifteen years, Texas will add almost 20 gigawatts of solar, equivalent to 15-20
Tax Credits and Public Spending on Infrastructure
Donald Trump based his candidacy on the claim that he would serve working-class people who established politicians have neglected. He promised $1 trillion of infrastructure investment over 10 years, which could generate a lot of blue-collar employment while potentially repairing crumbling bridges and roads, replacing antiquated wastewater treatment systems (in Flint and elsewhere), and creating a mass transit system that could move us into the 21st century in that realm. A sound infrastructure program, unlike anything else that Trump has