Posts Tagged ‘ John Kerry ’

Sibling Rivalry: Federal Power Spat Over Libya

Tuesday, June 21st, 2011
Chip Lebovitz



Charles Lebovitz is a research assistant for the Progressive Policy Institute.

by Chip Lebovitz

Ron PaulBoth the House of Representatives and the president have shown that when it comes to Libya, NATO is not the only organization susceptible to bouts of friendly fire. A bipartisan group of ten congressmen sued the president last Wednesday for not getting Congressional approval of military action in Libya, thereby violating the War Powers Act of 1973. President Obama responded by stating that combat in Libya does not equate to the full-blown “hostilities” described in the Act, while simultaneously disregarding dissenting legal opinions from both the Pentagon and the Justice Department.

Amid this mess, there’s only one thing that’s clear: expending energy to politically posture over the War Powers Act has real costs. While both sides remained tied up in this debate, they remain distracted from our national objectives: ousting Qaddafi and, more broadly, keeping public discourse focused on the economy.

Three main issues undermine the Republican’s charge that the Obama administration has exceeded its brief vis-à-vis the War Powers Act: historical enforceability issues, potential political consequences, and questionable motives.

First, enforcement of the War Powers Act is difficult at best. While the wars in Iraq and Afghanistan received congressional support, presidential indifference to the Act has been historically bipartisan. Reagan invaded Grenada in technical violation of the War Powers Act, while Clinton received no congressional backing for the humanitarian intervention in Kosovo. Furthermore even legal precedent stands against enforcement: A District of Columbia appellate judge dismissed a similar War Powers Act suit over Clinton’s action in Kosovo, stating that the case was “nonjusticiable.”

Second, efforts like the one suggested by Majority Leader John Boehner (R-Ohio) to defund military action in Libya are futile at best.  Despite their desire to protect the sanctity of legislative branch, representatives are wary of pitting a stand against executive overreach against depictions of betraying American troops abroad mid-mission.

And third, even leader Boehner’s position on the issue has been tumultuous at best. In 1999, Boehner called the War Powers Act “constitutionally-suspect” during the U.S intervention in the Balkans, noting that its implementation was “likely to tie the hands of future presidents.” The Majority Leader’s tenuous position on the issue only gives the impression that the congressman is willing to weaken future presidents in order to maximize present political gains.

At the same time though, it’s not clear why the president doesn’t want to play War Powers ball on Libya. In an editorial Friday, the Washington Post echoed similar sentiments on the president’s stance, while declaring that the vague nature of the law did not excuse Obama from abiding by it.

It seems as if the president is calculating that the cost-benefit analysis the situation favors a patient approach. By waiting for political realities to douse the House’s passions, the president avoids entangling himself in jurisdictional politics. While it is wise that the president is conserving the power of the bully pulpit for economic issues, political realities make a quick solution to the War Powers controversy a presidential necessity. A protracted War Powers debate plays right into the desired Republican narrative: the administration is distracted from focusing on jobs and the economy.

Furthermore, such a swift conclusion would not even require a public retraction of the president’s position. A bipartisan group in the Senate led by Senators John Kerry (D-Mass.) and John McCain (R-Ariz.) is working on a non-binding resolution to validate the effort in Libya.

So as not to compromise his current position, the president should actively support the Senate resolution to ensure its passing. Even though the resolution would likely die on arrival in the House, and therefore not satisfy the legal requirements of the War Powers Act, it provides the president with the opportunity of congressional approval for military action in Libya. Senate approval gives Obama the platform to transcend bickering over constitutional authority and argue that America needs to focus on getting rid of our deficit and Qaddafi. The McCain-Kerry resolution provides the congressional support necessary to move beyond the War Powers Act spat and onto more pressing priorities.

Photo Credit: Gage Skidmore

Rebuilding America Is Job One

Wednesday, June 1st, 2011
Will Marshall



Will Marshall is the president of the Progressive Policy Institute.

by Will Marshall

Rebuilding AmericaAmid the high drama of fiscal brinkmanship in Washington, it’s easy to forget that reducing budget deficits isn’t the biggest economic challenge we face. Even more important is kick-starting the great American job machine and reversing our country’s slide in global competition.

Critical to both goals is shoring up the decaying physical foundations of national prosperity. Without world-class infrastructure, the United States won’t be able to attract private investment, sustain rapid technological innovation and productivity growth, or keep good jobs from going overseas.

According to a new Gallup poll, general economic concerns (35 percent) and unemployment (22 percent) top voters list of worries, with federal deficits and debt a distant third at 12 percent. Fiscal restraint is important, but it must be balanced against the larger imperatives of jobs and global competition. Among other things, this means leaving room for public investment to replenish the nation’s stock of physical capital.

America can’t build a more dynamic and globally competitive economy on the legacy infrastructure of the 20th Century. Thanks to their parents’ far-sighted public investments, baby boomers grew up in a country that set the world standard for modern infrastructure. But after a generation of underinvestment, compounded by politicized spending decisions, we now face a massive infrastructure deficit that exerts a severe drag on U.S. productivity.

Meanwhile, China and other fast-rising countries are building gleaming new airports and bullet trains. To keep from falling farther behind, the United States needs to make large-scale capital investments in repairing decrepit roads and bridges; upgrading air and sea ports; building “intelligent” transportation systems and smart energy grids; modernizing the air traffic control system; speeding up our pokey rail networks; and leading the world in deploying ultra-fast broadband.

But with the government strapped for cash, it’s reasonable to ask where the money to rebuild America will come from. The answer is that we need to look more to the private sector. U.S. companies are sitting on $2 trillion in idle cash, and pension funds, overseas investors and sovereign wealth funds also are looking for places to invest. Although the federal government will have to put up seed capital, its main role should be to leverage private investment in state-of-the-art infrastructure.

That’s why America needs a National Infrastructure Bank. As proposed by the bipartisan trio of Senators John Kerry, Kay Bailey Hutchison and Mark Warner, the bank would use a modest, one-time appropriation of $10 billion to leverage enormous investments — $640 billion over 10 years — for projects with the greatest potential to put Americans to work and enhance U.S. competitiveness.

President Obama has repeatedly endorsed a national infrastructure bank and proposed the idea again in the budget he sent to Congress in February. But the Senate bill (and a separate House proposal championed by Rep. Rosa DeLauro) have decided advantages over President Obama’s proposal. The president’s approach starts with a smart idea to create programs that work more with the private sector to find financing solutions. But unlike the Kerry proposal, it does not focus enough on the most powerful tools for leveraging private investment: loan programs that include a reasonable cap on the federal share of project costs. Obama’s bank would also be housed within the Department of Transportation, whereas the Kerry bill would make the bank an independent, quasi-public entity. That’s an important difference, because to attract hard-headed capitalists who expect a real economic return on their investments, the government’s financing facility must be genuinely free of political interference.

An independent infrastructure bank would select projects based on their ability to generate real economic returns rather than their influential political patrons. As a self-sustaining entity that would not rely on future appropriations from Congress, the bank would not be subject to the pork barreling and earmarking that distorts federal and state infrastructure spending, especially on transportation.

It’s time to get serious about our dilemma: the U.S. economy is creating too few jobs to bring down unemployment to pre-recession levels. For that, we’d need nearly 12 million new jobs, or about 100,000 more on average than the 200,000 the economy is creating each month. Big capital projects would immediately create those jobs where they are most desperately needed–in the hard-hit construction industry, which is still struggling with a 20 percent unemployment rate.

In the short run, a big national push to build modern infrastructure could create high-skill jobs that can’t be exported. In the long run, it will ensure America’s return to being an engine of production, not just a global center for consumption. That’s why, as Congress struggles to contain federal deficits and debt, it needs to make room for a National Infrastructure Bank to rebuild America.

This item is cross-posted at the Huffington Post.

The South: Can Democrats Hold Enough Seats?

Friday, October 1st, 2010
Ed Kilgore



Ed Kilgore is a PPI senior fellow, as well as managing editor of The Democratic Strategist, an online forum.

by Ed Kilgore

Just a month out now from Election Day, national political crosswinds are beginning to yield in importance to the sometimes idiosyncratic dynamics of key individual campaigns.  In the second of our series of regional takes on statewide and congressional races, we´ll take a quick look today at the South (using the Old Confederacy definition of the region).

This was, by any measurement, Barack Obama´s worst region in 2008, despite important victories in Virginia, North Carolina, and Florida.  He trailed John Kerry´s performance in Arkansas and Tennessee, and his percentage of the white vote was abysmal in Alabama, Mississippi, and Louisiana as well.  Negative attitudes towards him have clearly deepened throughout the region during 2009 and 2010.

The South also has the nation´s richest lode of Democratic House members in districts carried by John McCain in 2008—23 out of 49.  Considering the pro-Republican shape of the midterm electorate, and the erosion of Obama support, all these Democrats, plus many others in districts narrowly carried by Obama, entered 2010 in some serious danger.

There is only one Senate Democrat from the South up for re-election this year, Arkansas´ Blanche Lincoln, whose campaign appears to have fallen hopelessly behind Republican John Boozman even before her close primary runoff victory over Bill Halter.

The two Republican Senate seats thought to be within reach of Democrats are in North Carolina, where Elaine Marshall has run a credible race against Sen. Richard Burr, but is running out of time and money needed to score an upset; and in Florida, where the steady decline of Charlie Crist´s vote seems to be giving Marco Rubio an insurmountable lead.

Gubernatorial races are a relative bright spot for southern Democrats.  Tennessee looks very likely to flip from D to R, and Alabama´s a very long shot for Democrat Ronnie Sparks, but in FL, Alex Sink is in a dead heat with Republican Rick Scott; in Georgia, the ethical and financial problems of GOP nominee Nathan Deal are keeping Roy Barnes in close contention; and in Texas, Bill White is running a very competitive race against Rick Perry.  In Arkansas, Democratic incumbent Mike Beebe so far looks immune to the tsunami that has engulfed Blance Lincoln.

House races, as always, are harder to assess.  Louisiana features a rare Republican-held district that Democrats are favored to flip, though accidental congressman Joseph Cao can´t be counted out.  Overall, Democratic retirements have created major problems: the Cook Political Report rates five open southern House seats as “likely Republican,” and another as “lean Republican.”  And among incumbents, twelve southern House Democrats are in races rated as tossups by Cook, with another seven in the competitive “lean Democratic” category.

All in all, that means 24 Democratic House seats in the South—2 in AL, 3 in AR, 5 in FL, 2 in GA, 1 in LA, 1 in MS, 2 in NC, 3 in TN, 2 in TX, and 3 in VA—are vulnerable in November 2.  One big question involves African-American turnout, which is sometimes relatively robust in midterm election.  Another is whether Republicans can count on a late surge in a region where anti-Obama and anti-Democratic leanings have been solidified for quite some time.

Photo credit:  cfarivar

How the Military is Leading the Way on Energy Security

Wednesday, August 11th, 2010
Chris Miller



Chris Miller is a Purple Heart and Combat Action Badge recipient and eight-year U.S. Army veteran, having served two tours in Baghdad, Iraq. He is currently a law student and a fellow with the Truman National Security Project.

by Chris Miller

As a U.S. Army veteran I am used to dealing with the military, an organization that, by necessity, takes swift and decisive action when necessary, despite the fact that many see it as a conservative organization that is resistant and slow to change. In Washington, I am becoming used to dealing with another organization that is much more conservative and even more resistant and slower: the United States Senate. I am proud to say that the U.S. military is once again taking decisive action on energy independence and security, as well as addressing the military repercussions of climate change. The military is taking action where the United States Congress will not.

On July 27 I attended the White House Forum on Energy Security along with a group of veterans from Operation Free, a nationwide coalition of military veterans from all eras and ranging from Privates and Airmen to Generals and Admirals – all of whom support the goal of energy independence, security, and addressing the national security repercussions of climate change.

We have collectively been touring and speaking throughout the country and in Washington, D.C. in support of breaking our dependence on largely foreign oil and pushing Congress to take real steps toward a comprehensive clean energy climate plan. We have come to support the American Power Act developed through a bipartisan effort by Senators John Kerry and Lindsey Graham with Senator Joseph Lieberman and cooperation from the White House.

July 27 was supposed to be the day that the Senate finally took real action on the issue we have all been working hard for over the past year. It didn’t happen. As we all got on airplanes throughout the country in high spirits, something was happening on Capitol Hill: nothing.

By the time we hit ground in Washington, D.C. we learned that everything had changed. The Senate didn’t have the sixty votes needed to proceed to an up-or-down vote on the bill. We went to the Hill again to meet with fence-sitting Senators and their staff. The opinion we encountered there was disappointing, but not surprising: we need to do something about the issues of energy security, energy independence, and climate change, but we’re not going to do anything now.

Some, echoing Republican sentiment, said the issue hadn’t been discussed enough yet, that the Senate process of debate and hearings needs to be completed, that it would force them to choose ‘winners and losers’ and they are not ready to do that.

Hadn’t been discussed enough? We’ve been talking about energy security and independence since the 1970s. Other countries are taking action while we are being left behind. The CIA includes repercussions of climate change and our dependence on foreign fossil energy in its assessments. The State Department does as well.

Now the U.S. military is taking serious steps to address the issue. It devoted an entire section of the 2010 Quadrennial Defense Review Report (p. 84) to responding to climate change issues.  Secretary of the Navy Ray Mabus has expressed a clear vision of a force independent of fossil fuels. The military is taking action by reducing the use of fossil fuels, researching the use of alternative sources, and increasing the efficiency of its energy use, whether on battlefield outposts in Afghanistan or home installations in Texas. Speakers from each branch of the U.S. military have discussed similar opinions, expressing that action on this issue shouldn’t be taken for political reasons, but for security reasons. The money we pay for oil goes to regimes opposed to our interests. The cost of procuring, transporting, and securing that fuel is extreme, in dollars and to the lives of our troops.

This contrasts greatly with the attitude of too many Senators, who continue to choose politics over security. The U.S. Congress trusts the military and veterans on other security issues. Energy independence, energy security, and planning for the possible consequences of climate change are national security issues. The military is taking action, even if Congress won’t. If they’ll listen on other national security issues, let’s hope they’ll trust the military when it comes to a comprehensive clean energy climate plan that makes us energy independent.

Photo Credit: DVIDSHUB’s Photostream

Tea Bags, Wind Bags and Moneybags

Thursday, August 5th, 2010
Ed Kilgore



Ed Kilgore is a PPI senior fellow, as well as managing editor of The Democratic Strategist, an online forum.

by Ed Kilgore

So let’s say you’re a Republican politician who’s been working the far right side of the political highway for years, getting little national attention other than the occasional shout-out in Human Events. Or let’s say you’re a sketchy business buccaneer with a few million smackers burning a hole in your pocket, and you’ve decided that you’d like to live in the governor’s mansion for a while, but you can’t get the local GOP to see you as anything more than a walking checkbook who funds other people’s dreams.

What do you do? That’s easy: Get yourself in front of the loudest parade in town by becoming a Tea Party Activist!

There has been incessant discussion over the last year about the size, character, and intentions of the Tea Party rank-and-file. But, by and large, the political discussion has passed over another defining phenomenon: The beatific capacity of Tea Party membership, which enables virtually anyone with ambition to whitewash his hackishness—and transform from a has-been or huckster into an idealist on a crusade.

After all, to become a “Tea Party favorite” or a “Tea Party loyalist,” all a politician has to do is say that he or she is one—and maybe grab an endorsement from one of many hundreds of local groups around the country. It’s even possible to become indentified as the “Tea Party” candidate simply by entering a primary against a Republican who voted for TARP, the Medicare Prescription Drug bill, or No Child Left Behind. It’s not like there’s much upside to distancing oneself from the movement. Most Republican pols are as friendly as can be to the Tea Party; and it’s a rare, self-destructive elephant who would emulate Lindsey Graham’s dismissal of it all as a passing fad (in public at least).

Here, we’ll take a look at two specific types of politicians who have been especially eager to embrace the Tea Party movement: the fringier of conservative ideologues, for one, and also the self-funded ego freaks who can easily pose as “outsiders,” because no “insiders” would take them seriously. Let’s call these, respectively, the windbags and the moneybags.

By “fringier” conservative ideologues, I mean those who have argued, year in and year out, sometimes for decades, that even the conservative Republican Party simply is not conservative enough. Many of these politicians would be considered washed-up and isolated, or at least eccentric, in an era when “Party Wrecking” was still treated as a cardinal GOP sin. But now it’s as if they’ve been granted a license to kill. One classic example of this type is South Carolina Senator Jim DeMint, who was considered such a crank in the Senate that he was often stuck eating lunch alone as recently as 2008. His views, for example that Social Security and public schools are symbols of the seduction of Americans by socialism, were not long ago considered far outside the GOP mainstream. Now, in no small part because of his identification with the Tea Party Movement, DeMint has become an avenging angel roaming across the country to smite RINOs in Republican primaries, his imprimatur sought by candidates far from the Palmetto State.

Then there’s the new House Tea Party Caucus, chaired by Michele Bachmann of Minnesota, best known for suggesting that House Democrats be investigated for treason. Its members include a rich assortment of long-time conservative cranks, including Steve (“Racial profiling is an important part of law enforcement”) King, Joe (“You lie!”) Wilson, Paul (“We’ve elected a Marxist to be President of the United States) Broun, Dan (Vince Foster Was Murdered!) Burton, and Phil (National Journal’s Most Conservative House Member in 2007) Gingrey. The key here is that these are not freshly minted “outsiders”: Burton has been in Congress for 28 years, Wilson for ten, King and Gingrey for eight. The oldest member of the House, Ralph Hall of Texas, who has been around for 30 years, is also a member of the caucus.

Even some of the younger Tea Party firebrands didn’t exactly emerge from their living rooms on April 15, 2009, to battle the stimulus legislation and Obamacare. Marco Rubio of Florida, after all, was first elected to the state legislature ten years ago and served as House Speaker under the protective wing of his political godfather, Jeb Bush. Sharron Angle first ran for office 20 years ago, and was elected to the Nevada legislature twelve years back. And of course the Pauls, father and son, are hardly political neophytes—they have just begun to look relevant again because the Tea Party movement has shifted the GOP in their direction.

And, in addition to the hard-right pols who’ve emerged into the sunshine of GOP respectability, the “outsider” meme surrounding the Tea Party movement has also created running room for well-funded opportunists—the “moneybags.”

These are epitomized by Rick Scott of Florida, who probably would not have passed the most rudimentary smell test in a “normal” election year. While there are always self-funding egomaniacs running for office—California’s Meg Whitman comes to mind along with Connecticut’s Linda McMahon—the former hospital executive presents a unique test case for the whitewashing power of Tea Party identification. He has managed to overcome a deeply embarrassing embroilment in the largest Medicare fraud case in history by taking his golden parachute from Columbia-HCA and becoming a right-wing crusader against health care reform, helping to make that a central cause for the Tea Party movement. (Scott was forced out of his position as head of the for-profit hospital chain, which he tried to build into the “McDonald’s of health care,” and the organization was fined $1.7 billion for overcharging the federal government.)

Pushed out of his job after the fraud decision, Scott decided to found the Conservatives for Patients’ Rights (CPR) group that exploded onto the national scene early in 2009 with a series of inflammatory TV ads attacking health reform, employing the same firm that crafted the Swiftboat Veterans for Truth spots against John Kerry in 2004. CPR also played a major role in organizing the town hall meeting protests in the summer of 2009, which marked the Tea Party movement’s transition from a focus on TARP and the economic stimulus bill to a broader conservative agenda.

So when Scott (a Missouri native who moved to Florida in 2003) suddenly jumped into the Florda governor’s race early in 2010, the cleansing power of tea had already transformed his image among conservatives, making his improbable campaign possible.

On the wrong side of this dynamic was Florida Attorney General Bill McCollum, a former congressman and sturdy, if conventional, conservative who had paid his dues by twice running unsuccessfully for the Senate. McCollum had apparently all but locked up the nomination when Scott, in mid-April, leapt into the ring with ads calling himself a “conservative outsider” who would “run our state like a business,” while tarring McCollum as the candidate of “Tallahassee insiders” responsible for “the failed policies of the past.” Then came a torrent of advertising from Scott ($22 million by mid-July, more than anyone’s ever spent in Florida in an entire primary/general-election cycle) blasting McCollum for alleged corruption, for insufficient hostility toward illegal immigration, for being soft on abortion providers. The assault voided a lifetime of McCollum’s toil in the party vineyards, vaulting the previously unknown Scott into the lead in polls by early June. Worse yet, from a Republican point of view, Scott drove up McCollum’s negatives, and increasingly his own, to toxic levels, handing Democrat Alex Sink the lead in a July general election poll. And now McCollum, fighting for his life, is striking back, drawing as much publicity as he can to Scott’s questionable past, especially the Medicare fraud case against Columbia-HCA.

So the question is: Would Rick Scott have been in a position to carry out what is beginning to look like a murder-suicide pact on the GOP’s gubernatorial prospects if he hadn’t been able to identify himself as an “outsider conservative” with close ties to the Tea Party? That’s not likely, but it’s no less likely than the remarkable epiphanies that have made career pols of marginal relevance such as Jim DeMint and Sharron Angle into apostles of an exciting new citizens’ movement. So the next time you hear a candidate posturing on behalf of the Tea Party, squint and try to imagine what they were like in their former lives. Many of them have only found respectability through the healing power of tea.

This item is cross-posted at The New Republic.

Photo Credit: Hatters!’s Photostream

The New Leak from Wikileaks

Monday, July 26th, 2010
Jim Arkedis



Jim Arkedis is the director of PPI's National Security Project.

by Jim Arkedis

The story leading the day in the New York Times and Washington Post details the release of some 90,000 U.S. military documents by Wikileaks. Many of which detail the level of coordination between elements within Pakistan’s intelligence service, the ISI, and the Taliban operating in Afghanistan.  In fact, the Taliban and ranking officers within the ISI have worked together is not “news.”  Pick up a copy of Steve Coll’s brilliant Ghost Wars, which ably details the relationship.  Here’s an excerpt from a PBS Frontline interview with Coll on the topic:

Frontline: You describe [the Taliban] as a client of the ISI.

Coll: They received guns; they received money; they received fuel; they received infrastructure support. They also, we know, had direct on-the-ground support from undercover Pakistani officers in civilian clothes who would participate in particular military battles.

Frontline: Is it a fair characterization to say that the Taliban were an asset of the ISI?

Coll: They were an asset of the ISI. I think it’s impossible to understand the Taliban’s military triumph in Afghanistan, culminating in their takeover of Kabul in 1996, without understanding that they were a proxy force, a client of the Pakistan army, and benefited from all of the materiel support that the Pakistan army could provide them, given its own constrained resources.

The Taliban were important to the ISI in the late 1990s for another reason. The ISI also promoted a rebellion against what it regarded as Indian occupation in Kashmir. The Taliban in Afghanistan provided logistical support, training and other bases that the ISI could use to train and develop its Kashmir rebellion as well.

To sum it up:  The ISI has used the Taliban for more than 15 years as a proxy force in Afghanistan.  First, they served as a bulwark against the spread of Soviet communism.  Old habits die hard, so when the Americans arrived, the ISI viewed collaboration with the Taliban as a natural point of influence that could be used to suit its interest — namely, keeping Afghanistan weak and unstable and impossible to dominate its neighbor.

Some in the blogosphere have treated Wikileaks’ revelation with a yawn.  Check out Andrew Exum’s dripping-with-sarcasm post comparing the shock-value of the story to news that Liberace likes dudes.  So sure, if you’re in the expert community, it’s easy to brush off as a non-story.

However, getting these stories out to major news outlets has relevance.  Spencer Ackerman points out that the Wikileaks information provides a “new depth of detail” about the long-held ties.

More importantly, it raises the issue to a level that people controlling the purse strings can’t ignore.  I’ll bet you a crisp dollar bill that John Kerry has read Ghost Wars.  I’ll double down on the fact that Kerry, chairman of the Senate Foreign Relations Committee, soon moves lickity-split to convene an oversight hearing that reexamines the $500 million that Secretary of State Hillary Clinton just promised to the Pakistanis last week for two hydroelectric projects, a pledge that comes on the heels of a massive $7.5 billion Pakistan aid package.  Keep in mind that this assistance was essentially conditioned on strengthening the Pakistani civilian government at the expense of its military and intelligence services and was accepted by the Pakistanis after some rather significant heartburn in Islamabad.

The bottom line is that widespread public disclosure of the depth of the Taliban-ISI contacts ultimately creates leverage for the Americans, and that’s a good thing.

UPDATE:  It occurred to me last night that by saying leverage created by the release of classified information was “a good thing” may have tacitly endorsed the idea that I favor future leaks of classified information.  Nothing could be farther from the truth.  As a veteran of five years inside the intelligence committee, I deplore leaks of all kinds — they harm sources and methods, which in turn jeopardizes the IC and military’s abilities to collect information germane to America’s national security.  That leverage was created by the release of information is a fortunate byproduct of the leak.  My preference would been to have none at all.

Photo Credit: DVIDSHUB’s Photostream

Holding Romney Accountable on Foreign Policy

Friday, July 9th, 2010
Ed Kilgore



Ed Kilgore is a PPI senior fellow, as well as managing editor of The Democratic Strategist, an online forum.

by Ed Kilgore

When a presidential hopeful like Mitt Romney signs a Washington Post op-ed attacking the president for an arms agreement with Russia, there’s a tendency among Democrats to shrug and ignore it. Mitt, we all understand, is a former governor with no foreign policy experience who needs to burnish his credentials in this area, even if it’s only by bloviating. And Mitt, we know, is vulnerable on his right flank, partially because the GOP has decisively moved in a more conservative direction since Romney posed as the “true conservative” candidate in 2008, and partially because his sponsorship of a Massachusetts health reform initiative that’s hard to distinguish from the hated ObamaCare is going to be a constant problem for him in 2012.

So you read Mitt’s op-ed and maybe laugh at the extraordinary retro feeling of it all — you know, all the Cold War hostility to the godless Russkies — and note the many right-wing boxes he checked off, from the ancient conservative pet rock of missile defense, to the ill-repressed desire for war with North Korea and Iran, to the ritual denunciations of Obama for his alleged fecklessness in negotiating with bad people. But initially, few if any Democrats had anything to say about it.

That certainly changed Wednesday, when Sen. John Kerry (D-MA) took to the same WaPo pages to pen a devastating riposte to Romney for getting, well, just about all the facts wrong. After tearing Romney apart on missile defense, on MIRVs, on what the treaty would and wouldn’t let the Russians do, and on the bipartisan support for what Obama’s done, Kerry concluded with this well-placed jab:

I have nothing against Massachusetts politicians running for president. But the world’s most important elected office carries responsibilities, including the duty to check your facts even if you’re in a footrace to the right against Sarah Palin. More than that, you need to understand that when it comes to nuclear danger, the nation’s security is more important than scoring cheap political points.

As it turns out, Kerry was nicer to Romney than was foreign policy wonk Fred Kaplan, writing in Slate:

In 35 years of following debates over nuclear arms control, I have never seen anything quite as shabby, misleading and–let’s not mince words–thoroughly ignorant as Mitt Romney’s attack on the New START treaty in the July 6 Washington Post.

Whether or not Romney’s efforts to display conservative ferocity on foreign policy work with the GOP base, he could pay a price down the road in terms of the impact on people who aren’t hard-core conservative ideologues. Talking to progressives, you generally get the sense that while they would fight Mitt Romney like sin itself if he’s the 2012 GOP presidential nominee, they basically think the man’s sane and relatively competent, and wouldn’t threaten the foundations of the Republic like some possibilities they could name. But a few more rabid op-eds on world affairs like Romney’s latest effort will definitely undermine any latent tolerance for Romney in center-left precincts, and will also provide some target practice in case the endlessly flip-flopping former governor’s act gets him to a general election.

This item is cross-posted at The Democratic Strategist.

Photo credit: marcn’s Photostream

Among Industry, Surprising Support for a Carbon Price

Tuesday, June 22nd, 2010
Mike Signer



Mike Signer is a senior fellow at the Progressive Policy Institute.

by Mike Signer

In meetings I’ve had recently with folks representing industries from automobiles to energy to private equity, I’ve heard it over and over again. They want a price on carbon.

They want it because they want to make money through alternative energy. For that, they need predictability in supporting the companies that take risks and need capital to design and develop alternative fuel technologies.

They want it because they, their children, their grandchildren, their employees and their shareholders, like everyone on the planet, will suffer the externalities of a carbon-dependent economy.

And they want it because they’re good corporate citizens, and they want to do their part in easing the nation toward a lower-carbon future.

The question is whether carbon pricing will get any traction in the coming weeks from a White House that seems more intent on political calibration than on shaping the landscape itself.

Given the dynamism of the carbon-pricing movement, the twin mysteries today are, first, why the president didn’t press harder for what seems to be the consensus, industry-friendly position on carbon — a simple pricing mechanism — in his Oval Office speech last week, and second, whether he will do so in the coming weeks.

The politics of carbon have changed dramatically in recent weeks, as the nation continues to watch the spill billow in the Gulf. (If you haven’t yet done it yourself on your computer, click here for BP’s own mesmerizing and terrifying live feed). A recent, post-BP poll found that 63 percent of Americans support a bill with a carbon price, while only 29 percent oppose it. The environment has also improved for proposals like the “cap-and-dividend” bill recently offered by Sens. Susan Collins (R-ME) and Maria Cantwell (D-WA) (and explained here on P-Fix by Danny Morris), which would price carbon with a net-neutral return to the taxpayers in the form of checks.

Meanwhile, the nation’s leading corporations continue to support a price on carbon. In April, before the spill, three of the nation’s largest oil companies — Shell, ConocoPhillips, and BP (this is even pre-oil spill) — as well as the Edison Electric Institute, a consortium of utilities whose members provide the bulk of the nation’s electricity, all announced their support for the Kerry-Lieberman legislation with a “hard price collar” for the price of carbon (including both a floor and a ceiling).

The fact is that many private corporations want a price on carbon. They want it because they believe the future is headed in a direction where carbon-producing technologies will simply have to be reduced, and they’d rather build their businesses around that future quickly rather than slowly.

However, there was no such leadership last week from the Oval Office. Of the transition from carbon, the president said:

There are costs associated with this transition. And some believe we can’t afford those costs right now. I say we can’t afford not to change how we produce and use energy — because the long-term costs to our economy, our national security and our environment are far greater. So I am happy to look at other ideas and approaches from either party — as long they seriously tackle our addiction to fossil fuels.

This clinical framing scarcely captures the urgency of the task. There is a golden opportunity now finally to get business and clean energy on the same page. The question is whether it will billow by and disperse, like the oil we’re all watching in the Gulf.

Photo credit: Michael Caven’s Photostream

Did Nikki Haley Help Kill Cap-and-Trade?

Thursday, June 10th, 2010
Ed Kilgore



Ed Kilgore is a PPI senior fellow, as well as managing editor of The Democratic Strategist, an online forum.

by Ed Kilgore

The big development in non-election news from Washington this week has been the collapse of bipartisan negotiations for cap-and-trade legislation, caused by Sen. Lindsey Graham’s defection. Said defection has been a long time in the making; earlier Graham broke off longstanding negotiations with Sens. Kerry and Lieberman on climate change, allegedly because he was angry with Harry Reid for hinting that immigration reform might come first in the Senate. Now that Reid’s backed off that idea, Graham’s been forced to more or less flip-flop entirely on climate change, and is now backing a far less ambitious bill introduced by Richard Lugar that would have no cap on carbon emissions.

The CW has suggested that Graham’s happy feet on climate change is the product of pressure from his Republican colleagues in Congress who don’t want any “cap-and-tax” bill and basically don’t want any cooperation with the Obama administration and congressional Democrats. But I think the problem may be a little closer to home for Graham.

Earlier this year, a couple of Republican county committees down in South Carolina raised eyebrows with censure resolutions aimed at Graham for his support for cap-and-trade, comprehensive immigration reform, and TARP. One of those committees was from Lexington County, which happens to be the residence of Nikki Haley, who then became the only gubernatorial candidate to embrace Graham’s censure for ideological heresy.

Now maybe it’s a coincidence that Graham threw in the towel on cap-and-trade the day after Haley became a national political rock star in the wake of her strong (49%) performance in the SC Republican gubernatorial primary, but maybe it’s not. Graham won’t be up for re-election until 2014, but as Bob Dylan once said (though not in the context of climate change): “You don’t need a weatherman to know which way the wind blows.”

I bring this up in part as a reminder to progressives who are naturally sympathetic to Haley as a woman and as a minority member who has been accused without much evidence of being a cheat and a liar, and called a “raghead” to boot. That’s all well and good, but don’t forget she is also a serious hard-core conservative who eagerly identifies herself with the Jim DeMint, take-no-prisoners wing of her party, and who may have just played a role in blowing up what was once a promising effort to deal with one of the most important challenges facing the country and the world. To be sure, she should be judged on her ideas and record and not subjected to gender-based double standards or sexual innuendo. But make no mistake, her “ideas” are really bad from any progressive point of view. She’s only a breath of fresh air in SC politics if you think, like she does, that the good ol’ boys who’ve been running things are dangerously liberal.

This item is cross-posted at The Democratic Strategist.

Photo credit: World Economic Forum’s Photostream

How Does Kerry-Lieberman Stack Up Under the “Cheat Sheet”

Wednesday, May 19th, 2010
Danny Morris



Danny Morris is a research associate for the Center for Climate and Electricity Policy at Resources for the Future. The views expressed here are his own.

Nathan Richardson



Nathan Richardson is a visiting scholar at Resources for the Future. The views expressed here are his own.

by Danny Morris and Nathan Richardson

Factory Pollution Over the past few weeks, we’ve written a series of posts here detailing the issues that make up climate policy. The result is a climate policy cheat sheet of sorts: a list of these issues, divided into categories based on our view of their importance. Now that the Kerry-Lieberman draft bill has been released, we can use the list of issues to analyze it. Other summaries of the bill are out there, but we hope this one is simple and accessible enough to be useful to non-experts (this is the same goal we had for the cheat sheet itself). While we clearly have a policy preference—the greatest emissions reduction at the lowest cost—we don’t want to analyze or criticize the bill here; we just want to describe it. Other than the preferences and opinions implicit in our issue categories, we’re just giving you the facts here. We hope that sparks debate (even if it’s unlikely to convince you to tackle reading the 1000-page bill itself).

The Kerry-Lieberman Cheat Sheet

Category I Issues: What’s Essential for a Good Climate Bill

1. Does it create a price on carbon?
In short, yes. Kerry-Lieberman creates a cap-and-trade system that effectively sets a price on carbon emissions — but not all emissions are subject to the price, and those that are may not be included immediately.

2. How much of US emissions are covered by that price?

Initially, in 2013, the bill includes only the electricity and refining sectors within the cap-and-trade system. Transportation is included under the cap as well, but allowances must be bought by producers and importers — they aren’t auctioned. Large industrial facilities are included after 2016. Agricultural emissions aren’t included, but some reductions there can qualify as offsets.

In total, around 80 percent of U.S. greenhouse gas emissions are capped, but different sectors are treated differently. Not all sectors are part of the same market.

3. What is the path of emissions reduction set by the cap?

The emissions cap in the bill would decline over time, and would result in emissions reductions of 4.75 percent by 2013, 17 percent by 2020, 42 percent by 2030, and 83 percent by 2050.

Category II Issues:  What’s Important for a Good Climate Bill

1. How are emissions allowances allocated?

Allowances are allocated by a mixture of gratis allocation and auctions. In the first years of the program, the majority of allocations are given away to industries and various research efforts, while some allowances are auctioned and the revenue generated is used to compensate consumers. By 2030, auctions are used to distribute 75 percent of allowances. A full breakdown of the allowance allocations is available here.

2. How are the public revenues from climate policy spent?

Revenues from auctions will be spent to benefit the public in a number of ways. Kerry-Lieberman directs the majority of auction revenues towards assisting low-income consumers, supporting the Highway Trust Fund, and rebating all consumers, though those provisions do not kick in until later years of the program. In the short term, allowances are given away to local electric and gas utilities with the requirement that the revenues generated be used to reduce the impact of the carbon price on consumers.

3. Are banking and borrowing allowed?

The bill allows for both banking and borrowing. Firms can bank an unlimited amount of allowances. There is also no limit when borrowing allowances from the next calendar year’s allocations. If firms want to borrow from future years, they may do so up to five years ahead, but they can only borrow up to 15 percent of their total allocation for the year in which they are borrowing. Additionally, any borrowed allowances accrue 8 percent interest.

Category III Issues: What’s Negotiable for a Good Climate Bill

1. Is there a price collar?

Yes. The price floor is set at $12 and increases annually at 3 percent above inflation as measured by the Consumer Price Index. The price ceiling is initially set at $25 and increases annually at 5 percent above inflation.

2. Are offsets allowed?

Offset are allowed. Similar to Waxman-Markey, regulated parties may use up to 2 billion offset credits to be in compliance. At the outset of the program, 75 percent of offset credits must come from domestic sources and up to 25 percent can come from international sources. If regulators determine the supply of domestic offsets is not enough to meet initial proportions, then international offsets may increase up to 50 percent of the total supply. After 2018, 1.25 actual international offset credits are equal to 1 emission allowance. The US Department of Agriculture has primary oversight of domestic offsets.

3. What are the effects on international negotiations and trade-vulnerable industries?

The bill maintains the United States’ previously stated commitment to reduce its emissions by 17 percent of 2005 levels by 2020 and 83 percent by 2050. It includes some funding provisions in the form of allowance allocations for international adaptation efforts. Trade-vulnerable industries’ entry under the cap is delayed until 2016 and they are given rebates in the form of 15 percent of all allowances from 2016 to 2025. The bill also expands current clean energy manufacturing tax credit programs by $5 billion and it establishes a WTO-compatible border adjustment to be instituted sometime after 2020, dependent on presidential and congressional findings.

Category IV Issues: What’s Not Important for a Good Climate Bill

1. Is a renewable portfolio standard set?

No. There is no federal standard, though states are permitted to keep or implement them.

2. Is existing EPA authority to regulate GHGs preempted?

Generally, yes. The Clean Air Act authority that the EPA currently has to regulate stationary sources is preempted. The EPA would keep its authority to regulate vehicles, the only part of its authority it has used to date for greenhouse gases. The EPA could still set performance standards for industrial sources not included under the cap, but to date the EPA has shown no interest in regulating these smaller sources.

3. Are state GHG regulations preempted?

State cap-and-trade programs would be preempted by the bill, though states with such programs and emitters subject to them would receive credit. Other state-level regulations are not preempted. In principle, states could implement renewable portfolio standards, performance standards, or even a carbon tax.

4. Are allowance markets closed to Wall Street?

The allowance trading market would be regulated by the Commodity Futures Trading Commission, and the regulatory restrictions in the bill are extensive. Markets are, however, open in principle to parties other than emitters themselves if they are “necessary for a liquid and well-functioning market”. Carbon derivatives are allowed but tightly regulated. Short-selling of allowances is prohibited.

5. Does the bill promote energy security?

The bill would increase investment in new nuclear power plants with loan guarantees and an expedited regulatory review process.

The bill would also create incentives to expand offshore oil and gas drilling, with 37.5 percent of royalty revenues directed to states that permit drilling. States would, however, retain veto rights over drilling within 75 miles of their coast and in other circumstances where they can show they would be significantly affected.

Photo credit: Uwe Hermann / CC BY-NC 2.0

Cheat Sheet for Climate Policy: Part IV – What’s Not Important for a Good Climate Bill

Tuesday, May 11th, 2010
Danny Morris



Danny Morris is a research associate for the Center for Climate and Electricity Policy at Resources for the Future. The views expressed here are his own.

Nathan Richardson



Nathan Richardson is a visiting scholar at Resources for the Future. The views expressed here are his own.

by Danny Morris and Nathan Richardson

How to tell a good climate bill from a bad one? This series will guide you through the main issues that are likely to arise in the coming weeks as the Senate takes on climate change. In previous posts, we looked at the crucial, the merely important and the negotiable elements in a climate bill. In this post, the last in the series, we highlight issues that might be popular or politically important, but which actually don’t matter that much for climate results. (To see all the posts in the series, click here.)

As with any big issue in Washington, climate policy has its share of sideshows and special-interest pet projects. If somebody’s favorite policy can be plausibly (or even implausibly) tied to climate, it’s a good bet they’ll attempt to do so. Conversely, if someone wants to hijack the climate debate, they may try to attach an unpopular issue to it. There are also a good number of perfectly well-intentioned ideas that, in reality, won’t make much difference in terms of climate policy.

Our goal in this post is to identify these issues: those that we feel are just political distractions, and those that won’t make much difference. If you’ve followed climate policy, you might find some surprises here — we include some issues that are often trumpeted as important. Not all of the policy proposals we mention are necessarily bad. Some are, but others are just not that important and will not have much effect on emissions reductions or the cost to the economy.

Category IV Issues: The Bad, the Irrelevant and the Trivial

#1: Renewable portfolio standards

A renewable portfolio standard (RPS) is a requirement that a certain percentage of electricity supplied by power companies come from renewable sources: wind, solar, geothermal and sometimes hydro or nuclear. A majority of states have an RPS in place, but there is no current federal standard. Many climate proposals, including Waxman-Markey, include an RPS.

Superficially, the idea is appealing: by forcing power suppliers to use renewables, an RPS expands the market for them. This will obviously increase their use, reduce emissions and encourage innovation in renewable techs.

The problem is that once you have a carbon price, moves to renewable energy sources should happen anyway, making an RPS redundant. Since burning fossil fuels becomes more expensive, power suppliers will shift to cleaner technologies. Some of this switching will be to renewables, while others will be to cleaner fossil fuels like natural gas – a fuel that is excluded in most renewable portfolio standards.

If the standard is set at a level lower than the amount of renewables that power companies would shift to anyway under a carbon price, then an RPS is totally irrelevant: companies would meet the standard just by acting in response to the price. But if the standard is set at a level higher than the amount of renewables utilities would use, an RPS imposes additional costs. Power companies that would like to switch to cheaper and clean(er) technology — like natural gas or nuclear (if it’s not included in the RPS) — would be limited in their ability to do so by an RPS. Instead, an RPS would force them to use more expensive renewables in their efforts to make their emissions targets. Those costs get passed on to consumers, making climate policy more expensive.

And here’s the thing: it would be costlier without providing any additional emissions benefits than what we would get under a cap. An RPS is often favored by environmental groups (and, of course, firms with investments in renewables) presumably because they think a carbon price will be too low to achieve the level of clean energy use they prefer. But this doesn’t make much sense. The cap set by a climate policy determines the environmental outcome; all an RPS would do is restrict the ability of power companies to decide how to meet that cap. In other words, an RPS doesn’t result in lower emissions. If you want that, you need to go back to Category I — set a tighter cap (or a higher carbon tax).

Note that the fact that an RPS is a bad idea doesn’t necessarily mean that government investment in R&D for renewables is unwise — such investments are responses to identifiable market failures. But an RPS would be a poor remedy for those failures.

#2 Preempting the EPA

The Environmental Protection Agency (EPA) has some authority under existing laws to regulate greenhouse gases. The Supreme Court definitively established this in its famous Massachusetts v. EPA decision in 2007. Under President Obama, the agency has already started regulating greenhouse gas emissions from cars and trucks, and is moving towards regulating emissions from so-called “stationary” sources, power and industrial facilities. If Congress fails to act on climate, the EPA will continue down this path.

If Congress does pass a new law, how should that law deal with the existing EPA authority? The majority (though not consensus) view on the Hill appears to be that new legislation should preempt this authority. Waxman-Markey would explicitly remove the EPA’s authority under the Clean Air Act to regulate greenhouse gases from stationary sources (but would leave regulation of vehicles intact). Preliminary indications are that the Senate bill would do the same.

Many environmental groups oppose this preemption, claiming that EPA authority is needed in case the climate law does not go far enough. Again, this doesn’t make sense. First, EPA authority isn’t a kind of reserve power, to be used only when a new law appears inadequate. If Congress passes a new climate law but leaves existing EPA authority intact, the EPA will still be legally required to regulate greenhouse gases. Waiting to see if the new climate bill is “good enough” before taking action won’t work: the Bush EPA advanced similar arguments in Massachusetts v. EPA and lost. In other words, preempting the EPA isn’t like discarding a useful tool — it’s like turning off a machine. New climate legislation is a better machine.

Second, where the EPA does have discretion, it needs the political will to act. The moves that the EPA is currently making to regulate greenhouse gases are highly controversial. It has taken years (arguably decades) of congressional inaction on climate for the EPA to use its exisiting authority to regulate greenhouse gases. If there is a new climate law, it will likely sap the agency’s will to act further on climate even if authority is not preempted. In that environment, it is hard to see the administration devoting resources and political capital to additional regulations (beyond the minimum that is legally required) for the foreseeable future.

In short, there are some things the EPA must do, and a new climate bill cannot change that without preempting agency authority. There are other things the EPA has control over, but action on those areas will be unlikely for political reasons once a climate law has been passed. If environmental groups feel that the climate proposals under consideration don’t go far enough, they should make an effort to convince legislators — and their constituents — of that. The move to preserve the EPA as an alternative venue for their arguments is understandable, but a little cynical. The time for the climate policy debate is now (we hope), and the venue is Capitol Hill.

#3 Preempting the states

Like the EPA, states have made moves to regulate greenhouse gases in the absence of action from Congress. California’s AB32 law (which commits California to reducing emissions to 1990 levels by 2020) and the creation of a Regional Greenhouse Gas Initiative, a regional carbon market by some states in the Northeast, are the most notable examples.

How should a federal climate law treat these regional and state efforts? Should they be allowed to continue, or should federal law preempt them?

The basic answer is similar to that for renewable portfolio standards: state-level regulation makes sense now, but is mostly useless or even counterproductive if there is a national carbon price. As Robert Stavins recently explained, state-level greenhouse gas regulation that is stricter than the national cap doesn’t reduce overall U.S. emissions — it just forces emissions out of the regulating state into one without climate regulation. This drives up prices in the regulating state without any climate benefit.

Preemption of state greenhouse gas regulations therefore probably won’t have any negative impacts for emissions and climate. Stavins points out that there still may be benefits for smaller state-level regulations in situations where a low federal carbon price fails to push beneficial changes. That’s true, but so long as the new federal law has a serious emissions cap, preempting major regulations like AB32 and regional carbon markets is fine. Industry wants this preemption since they’d rather have a single set of rules to comply with. It’s a concession that policy-makers can make at little or no environmental cost.

#4 Wall Street

Wall Street does not have a very good reputation right now. Creating a new market for carbon allowances means new opportunities for brokering trades between emitters — and with that market, possibilities for speculation, new financial instruments such as derivatives and possible opportunities for abuse. Some on Wall Street certainly see carbon as just another commodity and carbon markets as a big opportunity.

But while derivatives have been called financial weapons of mass destruction, they can play an important role in future carbon markets. Firms will need some kind of mechanism to protect against the risk of unforeseen events that cause them to be out of compliance with the cap, such as emergency fuel-switching or inaccurate emissions accounting. Since regulated firms are exposed to such risks, they will look to reduce that exposure through insurance in the form of carbon derivatives. The market must be properly regulated (the rules can be written directly into climate legislation), but assuming it is, the benefits of reduced transaction costs and improvements in liquidity that financial expertise can bring seem likely to exceed the costs of possible fraud or abuse.

Some of the criticism may arise not from a fear that the government will be unable to prevent criminal or undesired activity, but from opposition to creating a new market (and new profit opportunity) for Wall Street. As Michael Levi points out, however, somebody has to run a carbon market, and they had better have expertise. For all its recent failings, Wall Street firms have world-class market-making expertise. Oversight is necessary, but keeping the best financial minds away from carbon simply because they’re unpopular right now is likely to be costly.

#5 Drilling and energy security

One touted benefit of a climate policy that reduces reliance on fossil fuels is that it improves American energy security. This is easy to understand: oil comes from somewhere else, and if we use less oil, we won’t import as much. This improves our trade deficit and reduces reliance on unstable parts of the world for energy.

All of that is a good thing, but it’s a side benefit — it has nothing to do with climate. Indeed, policies that improve energy security might or might not have climate benefits. Putting a price on carbon certainly will, but increasing domestic oil supplies by expanding drilling won’t — it will either replace imports and have no overall effect on emissions or it may drive down (ever so slightly) the price of oil, which will increase consumption and emissions. If domestic drilling does not result in increased emissions, it is not necessarily a bad idea, but it can’t be justified on climate policy grounds.

Drilling is an energy issue, not a climate one. But climate legislation itself has been framed as being about energy (and, specifically, energy security) as much as it is about climate change. That’s not unexpected, and it will similarly be no surprise if climate legislation includes provisions to expand drilling, though how the political dynamics of the Gulf Coast oil spill play out over the next few weeks will determine what, if anything, is included. The point is that these provisions are political — they are in there to attract support for the bill or placate opponents, not for any climate benefits.

The Bottom Line

As the Senate tackles climate legislation, numerous provisions and elements are likely to be raised. Be wary if the conversation begins to get bogged down around the following questions:

  1. Does the bill have renewable portfolio standards?
  2. Does it preempt EPA authority?
  3. Does it preempt state regulations?
  4. How does Wall Street come out?
  5. Does the bill tackle our energy security problems?

These questions are largely distractions to the ultimate objective of a climate bill: reducing greenhouse gas emissions as much as possible at the lowest possible cost. If you care about climate change, keeping your eyes on that end goal will be crucial if there is to be any hope of untangling the legislative thicket and passing a meaningful climate bill this year.

Cheat Sheet for Climate Policy: Part III — What’s Negotiable for a Good Climate Bill

Monday, May 10th, 2010
Nathan Richardson



Nathan Richardson is a visiting scholar at Resources for the Future. The views expressed here are his own.

Danny Morris



Danny Morris is a research associate for the Center for Climate and Electricity Policy at Resources for the Future. The views expressed here are his own.

by Nathan Richardson and Danny Morris

How to tell a good climate bill from a bad one? This series will guide you through the main issues that are likely to arise in the coming weeks as the Senate takes on climate change. In previous posts, we looked at the crucial and the merely important issues that factor in the climate debate. In this post we highlight issues that matter for climate policy, but will not necessarily make or break it. (To read the other posts in the series, click here.)

So far, we’ve established the absolutely critical aspects needed to make credible climate policy and identified the important features that would make that policy effective. Now we will focus on issues that aren’t quite on the same level, negotiable elements that could still have a meaningful role in determining the long-term viability and effectiveness of a domestic emissions mitigation program. These issues — specifically, price controls and the international implications of U.S. legislation — could become a big part of the political discussion.

Category III Issues: Negotiable Elements of Climate Policy

#1: Price controls: offsets and collars

An uncontrollably rising carbon price is a nightmare scenario for regulated firms and consumers, so industry groups have made a priority of getting robust price controls into climate legislation. Price controls generally take three different forms: banking and borrowing, offsets and price collars. Because banking and borrowing has such a strong effect on the emissions reduction path, we included them in our last post. Here we’ll focus on the two other strong cost containment mechanisms.

a) Offsets

If you’ve been paying attention to the debate over the past two years, you’ve likely heard something about offsets. They are one of the most controversial aspects of climate legislation. Environmentalists are suspicious of them and industry can’t live without them.

What exactly are offsets? As we mentioned in a previous post, carbon is a stock pollutant, meaning that we only care about its total accumulation in the atmosphere. If you keep adding carbon to the system, but remove an equal amount at the same time, it is just as good as no longer adding carbon at all. This is the underlying principle of offsets — firms that pay to remove greenhouse gases from the atmosphere (or keep them from entering in the first place) can receive the same credit they would get if they reduced their own emissions.

For example, with offsets in a cap-and-trade system, a utility that needs to reduce its carbon emissions by 20 million tons need not do so only through emissions cuts from its operations. It could reduce its own emissions by 15 million tons, then receive offset credits through financing a reforestation project and an agricultural methane reduction project that combined would lead to emissions reductions of five million tons, allowing the company to meet its target.

Here is a quick list of different kinds of offsets that might count under climate legislation:

Forestry: Forests absorb CO2 through natural respiration processes and store it in plant tissue and soil. When deforestation occurs, that stored carbon is released into the atmosphere, contributing to emissions. Deforestation and forest degradation count for around 15 percent of global CO2 emissions. Projects that reforest — increasing carbon sequestration — or reduce deforestation and forest degradation are growing increasingly popular in voluntary carbon markets and may facilitate significant savings. Some models have speculated that international forest offsets can account for 25 percent of emissions mitigation by 2020.

Agriculture: The agricultural sector accounts for six percent of U.S. emissions, but agricultural emissions will probably not be covered by a carbon price due to the complexity of measuring emissions from agricultural practices and the power of the farm lobby in Washington. The important gases from agriculture are methane emissions from large-scale cattle operations and manure management, and nitrous oxide emissions from fertilizer applications and soil management. Offset projects that capture renegade methane emissions or reduce nitrous oxide releases through better soil management will likely be the most widespread offsets available from the agriculture sector.

Renewable energy/energy efficiency: Projects that supplant dirty energy sources with cleaner sources or improve efficiency in energy production or end-use can also be eligible for offset credit. For example, a firm looking for cheap reductions could finance the development of a renewable energy project and receive credit for the emissions reduced when the renewable energy displaces conventional dirty energy. Additionally, projects that increase the efficiency of energy usage in buildings or facilities can count as offsets. These projects are a major component of the Clean Development Mechanism (CDM), which was established by the Kyoto Protocol. Using the CDM, developed countries can sponsor projects in developing countries and receive emissions reduction credit.

Waste management: The decay of garbage in the nation’s thousands of landfills represents the second largest source of U.S. methane emissions behind cattle operations. Methane flaring, a process that captures and burns these emissions, converting methane into CO2, is considered an offset, as CO2 has a lower global warming potential than methane. Combusting methane for energy generation may also generate offset credits.

Fugitive mine emissions: As with landfills, capturing fugitive methane emissions from coal mines presents an opportunity for offsets and may also have benefits in terms of miner safety.

While all of these offsets options are currently available in voluntary offset markets and allowed by regional cap-and-trade schemes like RGGI, they may not all be eligible for credit under federal regulation. Waxman-Markey does not count renewable energy, energy efficiency, waste management and coal emissions as offsets. Cantwell-Collins does not allow offsets in its trading system, but it does permit such projects to be paid for from its Clean Energy Reinvestment Trust.

Many offsets will be cheaper than actual emissions reductions, making them an important means of price control. This is especially true for international forest offsets — the EPA analysis of Waxman-Markey contended that allowance prices would be 96 percent higher without them. That said, Greenpeace and other environmental groups have firmly planted their flag in the anti-offset camp, and there are a number of issues that would need some serious policy attention in order to make forest offsets credible in the U.S. market.

There are four major requirements to making offsets a robust tool. First, they must be additional — that is, projects should only be considered offsets if the specific practice would not have happened anyway. Second, offsets should have permanence — projects are only useful if they are not quickly undone (an offset for planting a tree is of little value if it is rapidly cut down). Third, offsets should be verifiable — there must be some way to confirm that projects are doing what they claim (for forests, this can be very difficult). Finally, offset programs should address leakage — they should not simply shift emission-generating activities somewhere else. These are all valid concerns, and all four will have to be addressed for offsets to be a credible part of climate policy.

Potential hang-ups for offsets will likely involve politicians’ hesitations to send large sums of money overseas, the reliability and veracity of offset credits, the number of offsets allowed for use by regulated firms and the type of offsets available from domestic sources. Despite the misgivings of some policymakers and commentators, offsets will figure prominently in domestic legislation. Waxman-Markey included two billion tons worth of offsets annually, a significant proportion of overall U.S. emissions, the same amount as in the Kerry-Boxer bill introduced in the Senate last fall. Instead of spending time and energy railing against them, policy discussions should instead focus on setting up institutions to fix the problems listed above.

b) Price collars

More than anything else, firms want some certainty when it comes to climate regulations. Planning capital investments over the long-term will be significantly affected by carbon prices, and the more predictable the changes over time, the better firms can plan ahead. Moreover, sudden system shocks in the form of extreme drops or increases in prices can be very expensive and detract from the efficacy of cap-and-trade markets.

To protect the system and reduce price uncertainty, policy-makers are looking to use a price collar in the allowance market. A price collar is a way to define a general price path by restricting how much the price can rise or fall. Price collars work by establishing a price floor — under which the allowance price can never drop — and a price ceiling — above which the price will not rise. It is a simple mechanism in concept, and can provide a lot of certainty for regulated parties and market participants. The price floor and ceiling should be spaced far enough apart to accommodate market dynamics and rise at some rate to match the general rise in allowance prices.

When allowance prices hit the floor, they simply remain at that price until trading forces the price to rise again. Things get more complicated when they hit the ceiling, however. There are two options to bring down the price, depending on if you employ a hard collar or a soft collar. A hard collar releases additional allowances into the system until the price drops, regardless of how many it takes to do so. By contrast, a soft collar uses a strategic reserve of set-aside allowances to reduce the price below the ceiling. The difference between the two is a matter of emissions certainty. A soft collar maintains the overall emissions cap by taking some out of the system at the beginning, much like a rainy day fund, whereas a hard collar just dumps allowances into the market until the price changes. Firms may favor a hard collar because it provides more price certainty, but people concerned about overall emissions will prefer a soft collar.

#2: International aspects

If and when Congress does pass climate legislation, its impact will reach far beyond our borders. The international implications of domestic climate policy are extensive, and while they do not play a huge role in the political discourse, they have sway over some notable policy choices.

a) International negotiations

The Conference of Parties (COP) 15 in Copenhagen in December 2009 was advertised as a chance for the U.S. to reclaim its place at the world leader and innovator on environmental issues. The U.S. was able to do that only partially, and that was due largely to the extraordinary personal diplomacy of President Obama. U.S. negotiators had little to work with, bringing with them no official legislation to show other nations while trying to broker a deal that could pass Senate muster. Without a signed bill, the 2010 COP in Cancun this coming November will probably turn out similarly; nations will bicker and haggle and eventually end up not making any kind of serious commitment sans U.S. leadership. The EU does not have the sway to move a global climate deal forward, while other major emitters like China and India don’t have the incentive to act.

That’s not to say international negotiations will not have some influence on the shape of U.S. legislation. At Copenhagen, the U.S. committed to provide $30 billion from 2010 to 2012 to developing countries for mitigation, adaptation, technology transfer and other assistance. Additionally, the conference agreed to establish an annual $100 billion fund — of which the U.S. is expected to give roughly $20 billion — for developing countries for the same uses. Some of this funding will likely be partitioned from current programs, but it will certainly not be enough. Revenues from carbon markets established by climate legislation — as well as allowance allocations — will likely provide the most reliable source of international funds. The tradeoff is that every dollar spent on helping other nations adjust to climate change is one that can’t be used domestically. Though it won’t dominate the debate over any climate bill, the use of carbon revenues for international financing could end up having a real impact.

b) Competitiveness and leakage

Certain industries with intrinsically large carbon footprints, such as cement, steel and paper pulp, are particularly sensitive to carbon prices. These industries are concerned that paying for their sizable emissions will reduce their overall output, leading to job cuts and smaller profit margins. Moreover, they worry that a U.S. carbon price will lead to a shift in production to other countries that do not have similar regulatory burdens. When firms leave for other countries that don’t have a climate policy, it could lead to higher overall global emissions, a phenomenon known as leakage.

There are a couple of solutions to these problems. First, to help protect industries at home, climate policy can include rebates to industries — either in the form of cash or extra tradeable allowances — based on their output to help them adjust to the new reality of a price on carbon. Second (and more controversial), the federal government can establish border adjustments, slapping taxes on imports competing with vulnerable domestic industries. Essentially tariffs, such levies would put goods from countries without a climate policy on the same level as those from the U.S. Border adjustments can make for tricky politics, though. When the Waxman-Markey bill passed the House in 2009, President Obama openly criticized the inclusion of such measures. When the debate picked up in the Senate, however, 10 Midwestern senators stated they would not back any climate legislation that did not support manufacturing interests with some kind of border provision. Even if some compromise allows border adjustment to find its way into climate legislation, there’s a chance it would not be allowed under WTO agreements.

The Bottom Line

Last post, we reviewed important aspects of climate policy. In this post, we surveyed two areas that have value in generating good policy, but are negotiable in terms of their importance:

  1. Is there a price collar? Are offsets allowed?
  2. What is the effect of the proposal on international climate issues? How will it affect negotiations and commitments? How does it attempt to protect trade-vulnerable industries?

In our next and final post, we will focus on the issues that make little contribution to good climate policy — or might even be counterproductive.