Federal Climate Action
The Georgetown Climate Center strives to strengthen state-federal partnerships and to maximize efforts to reduce greenhouse gas emissions at all levels of government. The Center works closely with federal officials and informs stakeholders about the potential effect of federal actions on state revenue and programs.
Presently, the Center tracks federal climate legislation and provides analysis on bills such as Waxman-Markey (H.R.2454), Kerry-Boxer (S.1733) and the compromise efforts of Senators John Kerry, Lindsey Graham, and Joseph Lieberman. Click on H.R.2454, S.1733 and other climate bills found in the Center's legislative tracker for detailed analysis on state allocations, adaptation provisions, and more.
News and Updates
Overview of State-Related Issues in Senate Oil Spill and Energy Legislation
Posted July 28, 2010The Georgetown Climate Center has created a state-focused overview of the recently unveiled “Clean Energy Jobs and Oil Accountability Act,” which aims to reform offshore oil drilling regulation, strengthens tools to prepare for and respond to an oil spill, creates a national energy efficiency building retrofit program (Home Star), creates rebate and incentive programs for natural gas vehicles and electric vehicles, and funds the Land and Water Conservation fund.
Click here to download the state-focused overview.
Democratic leaders have said they hope to bring the bill to the floor this week and to hold a vote on the bill before August recess, which begins August 9th. A copy of the full bill text may be downloaded here.
States Continue to Move Forward with Climate Policies
Posted July 28, 2010Despite the Senate’s decision to move forward without a comprehensive climate and energy bill, states are continuing their work to reduce greenhouse gas emissions.
This week the seven states and four Canadian provinces that make up the Western Climate Initiative released their recommendations for the design of cap-and-trade regulations in the region.
Last month, the Georgetown Climate Center also helped 11 Northeast and Mid-Atlantic states (and the District of Columbia) launch the Transportation and Climate Initiative to develop policies and projects to reduce greenhouse gas emissions in the transportation sector. The collaboration will build on ongoing efforts in the region, including the Regional Greenhouse Gas Initiative and the proposed low carbon fuel standard.
“While everyone would like to see the Senate pass a comprehensive climate and energy bill, states are prepared to move forward and will continue to look for innovative ways to reduce greenhouse gas emissions and build the clean energy economy,” said Vicki Arroyo, executive director of the Georgetown Climate Center.more ↓
Two new reports this week also highlight the significant role that states and the EPA can play in reducing greenhouse gas emissions in lieu of congressional action.
The Center for Climate Strategies pointed out this week that if all states were to get on board with policies already underway in more than a dozen of them, emissions could be significantly reduced by 2020.
The World Resources Institute also released a report, which finds that the combination of state and EPA action can bring the U.S. within range of the government targets for greenhouse gas reductions by 2020.
Reid's Decision Leaves Climate Action to EPA and States for Now
Posted July 23, 2010Citing a lack of bipartisan support Senate Majority Leader Harry Reid announced Thursday that upcoming energy legislation won’t include a cap on carbon emissions or a renewable energy standard. Instead, the Senate will move forward on scaled-back legislation that promotes natural-gas vehicles, improves energy efficiency in houses and businesses, and responds to the Gulf oil spill.
The announcement leaves states and the EPA to lead efforts to reduce the greenhouse gases that result in climate change – at least for now.
Washington Governor Chris Gregoire expressed her disappointment Thursday with the federal government’s inaction, but pledged that Washington and other states would move ahead.
“Despite the lack of federal action, Washington state will continue to move forward with policies aimed at reducing harmful greenhouse gas emissions while growing much-needed jobs to aid in our economic recovery. Our state has proven that our businesses want to be part of this emerging green-energy economy. A recent study found nearly 100,000 green jobs existed in our state in 2009, a significant increase from the year before. At the same time, we’re showing that implementing energy efficiencies saves consumers and taxpayers valuable dollars.”more ↓
A glimmer of hope for future federal action emerged Thursday with reports of a potential deal between electric power companies and environmental groups, which could pave the way for an electricity-only cap down the road. Senators Kerry and Lieberman have suggested a window of opportunity for climate legislation in the fall, but political challenges will remain.
In spite of the lack of movement on comprehensive federal climate legislation, some in Congress are likely to continue their push to delay EPA efforts to reduce greenhouse gas emissions under existing authority. Reid had originally planned to allow a vote this year on a two-year postponement of EPA action sponsored by Senator Jay Rockefeller (D-WV). It is unclear if Reid’s announcement Thursday to narrow legislative debate on climate and energy will change that plan.
Reid plans to move energy bill in July
Posted June 4, 2010Senate Majority Leader Harry Reid (D-Nev.) informed Senate committee chairmen Thursday that he plans to move comprehensive energy legislation in July.
He also said he wants to gather ideas on how to deal with the oil spill in the Gulf of Mexico before July 4 so they can be included in a comprehensive energy package.
From Politico:
“Among the actions I think we need to explore are ensuring that the oil companies’ are held accountable for their actions and the damages caused by their operations. This may require adjusting current law to more accurately assess and address the damages caused by failures, to ensure the swift and fair compensation of people and communities for their oil pollution related losses, and to update relevant criminal and civil penalty structures,” Reid wrote.
President Obama has also become more vocal in recent weeks about the need to push forward with comprehensive climate and energy legislation in the wake of the oil spill.
Senator Lugar to Propose Climate Bill Alternative
Posted June 4, 2010Senator Richard Lugar (R-IN) plans to unveil climate and energy legislation in the next week that would achieve about half of the 17 percent reduction in greenhouse gas emissions called for by President Obama by 2020.
From Reuters:
Lugar's legislation would cut U.S. greenhouse gas emissions through a mix of better fuel efficiency for vehicles, using more renewable fuels for those cars, making new homes and commercial buildings more energy efficient and expanding nuclear power generation.For heavy-polluting coal-fired power plants, they would be excused from investing in expensive scrubbers over the next few years and in return would voluntarily retire the plants in 2020.
Absent from Lugar's bill will be any new "cap and trade" system for carbon pollution permits, an idea that anchors climate change legislation passed nearly a year ago by the House of Representatives and included in a draft bill presented by senators John Kerry and Joseph Lieberman on May 12.
Obama Directs EPA and DOT to Set New Fuel Efficiency Standards for Cars and Trucks
Posted May 21, 2010At a Rose Garden ceremony today, President Obama directed the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) to create a new national policy to increase fuel efficiency and decrease greenhouse gas emissions from all medium- and heavy-duty trucks in model years 2014-2018.
Currently, trucks consume more than two million barrels of oil every day and emit 20 percent of greenhouse gas pollution related to transportation.
The President also called for a strengthening of standards for cars and light-duty trucks made in 2017 and beyond.more ↓
From the NY Times:
“Today’s announcement is an essential part of our energy strategy, but it’s not a substitute for other necessary steps,” Mr. Obama said in a Rose Garden ceremony on Friday, flanked by auto and truck manufacturers. He repeated his hope that Congress will pass an energy bill by the end of the year. “In the meantime,” he added, “I’m going to take every sensible, responsible action that I can take using my authority as president.”
The announcement comes one year after the Administration reached an agreement to increase fuel efficiency and reduce greenhouse gas emissions for all 2012-2016 new cars and light-duty trucks.
You may watch the announcement in the video below:
How the American Power Act Would Impact States
Posted May 18, 2010The Georgetown Climate Center released a new summary today that outlines the roles for states under the American Power Act.
It has been well publicized that the legislation would permanently preempt state cap-and-trade programs – a change from earlier bills that would have only resulted in a temporary prohibition. Such preemption remains a concern for states and advocates, who believe states need the ability to improve a federal program in the future and have the authority to step back in if a federal program falters. When it comes to identifying state-federal roles, however, the American Power Act does much more than address state cap-and-trade programs.
The 15-page summary released today outlines all provisions that affect states in the 987-page bill, including issues such as allowance allocation, treatment of state and regional allowances, transportation, adaptation, and other issues important to states.
To read the summary, click here.
EPA Issues Final Tailoring Rule for Greenhouse Gas Emissions
Posted May 13, 2010The Environmental Protection Agency today announced the final rule needed to regulate greenhouse gas emissions from the largest stationary sources under the Clean Air Act.
The regulations will include facilities like power plants and oil refineries that are responsible for 70 percent of greenhouse gases from stationary sources while excluding millions of small businesses and farms.
“After extensive study, debate and hundreds of thousands of public comments, EPA has set common-sense thresholds for greenhouse gases that will spark clean technology innovation and protect small businesses and farms,” said EPA Administrator Lisa P. Jackson. more ↓
The phased-in regulations will start in January 2011 with large facilities that are already obtaining Clean Air Act permits for other pollutants and that increase greenhouse gas emissions by at least 75,000 tons per year. In July 2011, Clean Air Act permitting requirements will expand to cover all new facilities with GHG emissions of at least 100,000 tons per year and modifications at existing facilities that would increase GHG emissions by at least 75,000 tons per year.
Today’s announcement comes after numerous elected officials in both parties have said they would prefer reduce greenhouse gas emissions through legislation, and Sen. John Kerry (D-MA), who unveiled the American Power Act yesterday, quickly used the opportunity as a rallying cry for a comprehensive climate and energy bill.
“Today we went from ‘wake-up call’ to ‘last call’ on the urgency of Senate action on comprehensive energy and climate legislation. The Obama Administration has again reminded Washington that if Congress won’t legislate, the EPA will regulate,” said Sen. Kerry. “Those who have spent years stalling need to understand: killing a Senate bill is no longer success. And if Congress won’t legislate a solution, the EPA will regulate one, and it will come without the help to America’s business and consumers contained in the American Power Act.”
Sen. Lisa Murkowski (R-AK) said Tuesday she plans to move forward with a vote on her resolution that seeks to overturn the EPA’s authority to regulate greenhouse gas emissions.
Senate Climate and Energy Bill Released
Posted May 12, 2010Surrounded by a number of supportive industry and environmental leaders, Senators John Kerry (D-MA) and Joseph Lieberman (I-CT) unveiled their much anticipated climate and energy bill at a packed news conference Wednesday.
The American Power Act aims to reduce greenhouse gas emissions by 17 percent (compared with 2005 levels) by 2020 and by 83 percent by 2050 while providing the U.S. with an energy and jobs plan.
Georgetown Climate Center staff is reviewing the 987-page bill and will release a more detailed analysis of the legislation’s impact on states in the days ahead.
The bill would permanently preempt states operating their own cap-and-trade programs, going further than both the Waxman-Markey (H.R.2454) and Kerry-Boxer (S.1733) bills, which opted for temporary rather than permanent preemption. more ↓
The legislation attempts to strike a balance between environmental and business interests and seeks to help the U.S. create the clean energy economy of the future. Supporters say the bill will lead to billions of dollars of investments, a revitalized economy and millions of new jobs.
It is not yet known whether the legislation will be taken up for debate this year. Majority Leader Harry Reid (D-NV) has said he will consult with other committee chairs around the Memorial Day recess before making a decision on how to proceed. That decision may hinge on whether Senators Kerry and Lieberman can win bipartisan support in the weeks ahead.
Murkowski Will Seek Vote on EPA Resolution In the Next Month
Posted May 12, 2010Sen. Lisa Murkowski (R-AK) said Tuesday she would seek a vote on her resolution to halt EPA climate regulations during the next month. Under Senate rules, Murkowski has the ability to call for a floor vote on her resolution, but she must act before a procedural deadline of June 7.
From E&E News PM (subscription only):
"Next week is a possibility; this week is a possibility," Murkowski said. "Anything before June 7, and as I understand, if the legislative schedule changes much, it could be a little bit later."
The resolution seeks to overturn EPA's "endangerment" finding, a determination that opens the door to rules covering everything from cars and light trucks to power plants and other major industrial sources.
Some lawmakers and industry groups have thrown their support behind Murkowski's proposal, arguing that EPA climate regulations will be overwhelmingly burdensome on the economy and regulators. Murkowski's resolution has 41 co-sponsors, including three moderate Democrats. She would need 51 votes for the measure to clear the chamber.
Climate Bill Delayed as Sen. Graham Withdraws Support
Posted April 26, 2010Sen. Lindsey Graham (R-SC) announced Saturday he would withdraw his support from the pending climate bill in the U.S. Senate, citing his displeasure with the decision of Senate Majority Leader Harry Reid (D-NV) and others to prioritize the immigration reform debate. Graham was scheduled to publicly release the climate bill on April 26 with fellow sponsors John Kerry (D-MA) and Joe Lieberman (I-CT).
From the NY Times:
“Moving forward on immigration — in this hurried, panicked manner — is nothing more than a cynical political ploy,” Mr. Graham said. “I know from my own personal experience the tremendous amounts of time, energy and effort that must be devoted to this issue to make even limited progress.”
It is unclear whether Graham can be convinced to reengage fully as a leader in the climate debate or whether his departure could derail prospects for climate and energy legislation this year. Senators Kerry and Lieberman have said they remain fully committed to the effort and plan to send the bill to the EPA for analysis on Monday afternoon, April 26.
State Policy Experts Push Back Against Calls for Preemption
Posted April 22, 2010During a conference call with reporters Wednesday, state officials, policy experts and advocates spoke passionately about the benefits of a state-federal partnership on climate and energy policy and argued against greater preemption of state climate and energy programs.
"Preserving state roles not only allows for greater innovation but also provides key backstop authority in the event the federal policy does not achieve our environmental goals or gets delayed through actions of a future Congress, White House, or through endless litigation," said Vicki Arroyo, executive director of the Georgetown Climate Center.
Others, including Mary Nichols of the California Air Resources Board, stressed the importance of state action.
From the Hill:
“We need to put down a marker here and remind senators they will not have an effective climate program without the states,” said Mary Nichols, the chairwoman of the California Air Resources Board.
Based on numerous reports, Senators John Kerry (D-MA), Joseph Lieberman (I-CT) and Lindsey Graham (R-SC), are considering greater preemption of state authority in their soon-to-be-released climate bill. Sen. George Voinovich (R-OH) added to those concerns Wednesday, calling for sweeping preemption of state and EPA authority in exchange for his support on any climate and energy bill. (Click here to read Voinovich's draft amendment.) more ↓
The press call was organized by Environment America and included the following speakers: Rob Sargent, Environment America; Vicki Arroyo, Georgetown Climate Center; David Littell, Maine Department of Environmental Protection; Doug Scott, Illinois Environmental Protection Agency; and Mary Nichols, California Air Resources Board.
From Reuters:
"To just have one program that would preempt states and have a one-size-fits all federal approach really not only ignores the whole history of success in the environmental area but also would not be the wisest way to go in terms of either maximizing greenhouse gas reductions or to maximize the amount of job creation," said Illinois Environmental Protection Agency Director Doug Scott.
Rob Sargent, energy program director for Environment America, said much of the push for preemption was the result of lobbying by industry interests and warned that preemption could have dire consequences.
From the National Journal:
Industry and their allies in Congress are pushing to block states' ability to lead the way in tackling global warming," said Rob Sargent, energy program director of the advocacy group Environment America. "In light of the vital role that states have played in moving our nation forward, blocking states' ability to innovate on these issues would be like killing the goose that laid the golden egg."
...
Allowing states to continue with these policies "creates a stable investment climate," said Arroyo. The benefits' ripple effect would stimulate innovation, save ratepayers money, reduce emissions and make the economy and businesses more competitive, said David Littell, commissioner of the Maine Department of Environmental Protection.
Senate Climate Bill May Expand Preemption of State and EPA Authority
Updated April 16, 2010Senators John Kerry (D-MA), Joseph Lieberman (I-CT), and Lindsey Graham (R-SC) reportedly continue to work on a compromise climate bill that may block EPA regulation of greenhouse gases under the Clean Air Act and expand previous bills' preemption of state authority.
The extent of state preemption is not yet clear, but Inside EPA and numerous other media outlets report that the three senators appear to be weighing a plan to extend the duration of preemption of state greenhouse gas cap-and-trade programs beyond the 2017 timeline in House-passed climate legislation in “at least a partial response to long-time demands from industry who have urged the lawmakers to go even further and make such preemption permanent.”
Ten Democratic senators also recently called for state preemption in a letter to bill authors Kerry, Lieberman, and Graham, which pushed for additional protections for U.S. manufacturers from foreign competitors, federal loan guarantees to help U.S. companies develop cleaner energy, and federal dollars to protect manufacturers "from spikes in energy prices." more ↓
From Inside EPA:
The source says the Senate trio is using the House preemption language as a starting point, and is “looking at” an approach that would preempt state programs for a longer time-frame than laid out in the House bill but not necessarily make that preemption permanent. The source says the lawmakers have also been resisting the idea of preempting states' ability to implement other initiatives besides state trading programs, such as building efficiency standards or motor vehicle emissions limits, which would need EPA approval.On the separate issue of EPA authority to develop GHG regulations, industry sources briefed on the emerging Senate proposal have previously said it is likely to go at least as far, and perhaps farther, than House legislation in preempting several key agency authorities on climate.
Other reports suggest that even greater state preemption remains a possibility. Draft legislation is expected to be unveiled on April 26.
Will the Supreme Court Fight Slow the Climate Bill?
Posted April 12, 2010Professor Peter Byrne, faculty director for the Georgetown Climate Center and director of the Georgetown Environmental Law and Policy Institute, argues the replacement of Supreme Court Justice John Paul Stevens shouldn’t get in the way of federal climate and energy legislation. more ↓
From the New York Times website:
"It's not that complicated," Peter Byrne, director of the Georgetown Environmental Law and Policy Institute, said of Senate confirmations. "You don't really negotiate terms like you do in a statute. You vote yes or no. There's no particular need for it to derail resources that need to be put to a whole host of legislative projects."
Sen. John Kerry (D-MA) has taken a similar position, pointing out that the Senate can do more than one thing at a time. Others, however, including Sen. Lindsey Graham (R-S.C.), have made it clear that the extent of the fight will depend on whom President Obama chooses to replace one of the court’s most liberal justices.
Graham is one of the co-sponsors for the soon-to-be-unveiled climate bill and a member of the Senate Judiciary Committee.
From ClimateWire:
"It'd make it harder," Graham added. "It'd take more time."
"If he picks somebody who's going to be controversial, yeah," Graham said. "But if he picks somebody who's generally believed to be acceptable to a wide range of people, then no.
Murkowski Vote "on hold" pending Rockefeller effort
Posted March 12, 2010The Hill reports that Sen. Lisa Murkowski (R-AL) has put her attempt to block EPA regulation of greenhouse gases on hold while “she watches the progress of Sen. Jay Rockefeller’s (D-W.Va.) less aggressive plan to do the same thing.”
Murkowski has 40 co-sponsors for her resolution. more ↓
From The Hill:
“At this point in time we are kind of on hold,” she told reporters this morning. Murkowski doesn’t think a two-year pause is sufficient but nonetheless has signaled support for Rockefeller’s effort.“I am going to look and see if he’s working to advance that,” Murkowski said. “We’ll see if he’s serious about moving this.”
Sen. Rockefeller Seeks to Delay EPA Action on GHGs for Two Years
Posted March 4, 2010Sen. John Rockefeller (D-WV) introduced legislation that would impose a two-year freeze on the EPA’s ability to regulate greenhouse gases from power plants and stationary sources. The Stationary Source Regulations Delay Act (S.3072) would also prevent the Environmental Protection Agency from doing any work to prepare for implementation of such rules, meaning the moratorium would actually delay the implementation even longer than the two-year time period.
The New York Times reports the legislation is intended to provide “a timeout of sorts that they think gives Congress time to pass legislation dealing with the issue.”more ↓
Rockefeller is one of several coal-state Democrats that have joined with Republicans in voicing concerns about federal climate-and energy bills and EPA regulation of greenhouse gases.
Companion legislation in the House (H.R.4753) is being sponsored by Rep. Nick Rahall (D-WV), Rep. Alan Mollohan (D-WV) and Rep. Rick Boucher (D-VA)
Sen. Lisa Murkowski (R-AL) has also been pushing a resolution that would overturn EPA's "endangerment" finding on greenhouse gases.
Analysis: GCC Comparison of Allocations in Climate Bills
Posted January 4, 2010While there will likely be changes to the existing legislative framework of climate bills in the months ahead, this presentation by the Georgetown Climate Center provides a useful comparison of resources allocated to states.
The analysis find that while the percentages of allowances to states in both Waxman-Markey (H.R.2454) and Kerry-Boxer (S.1733) are similar, the actual number of allowances given to states in Kerry-Boxer were generally less than those in Waxman-Markey. The analysis goes on to compare key allocation differences between the two bills in detail.
Click here to view the presentation.
Gov. Gregoire Says U.S. Will “Find a Way” to Meet Its Climate Goals
Posted December 15, 2009Seeking to reassure the world community at a December event hosted by the Georgetown Climate Center, Washington Governor Chris Gregoire said the U.S. will "find a way" to meet its climate commitment.
"The United States can't fail," she reiterated. "The United States will not fail." While strongly supporting federal climate legislation, Gov. Gregoire laid out the multiple paths that the U.S. could take to reduce greenhouse gas emissions during the next few years.
The event was held at the U.N. Conference on Climate Change in Copenhagen, Denmark. Gov. Gregoire shared the stage with Governor Jim Doyle of Wisconsin and Canadian Premiers, Greg Campbell of British Columbia, Greg Selinger of Manitoba and Jean Charest of Quebec. To watch comments from these participants, click here.
