The Clean Power Plan was designed to curb carbon dioxide emissions from existing coal-fired power plants as well as to promote renewable energy production and greater energy efficiency. The Obama administration also set emissions standards for new power plants. These and other measures were issued in response to the unwillingness by the U.S. Congress to pass any separate climate change legislation.
Announced in August 2015, the Clean Power Plan was immediately challenged in court by a group of 29 states and state agencies with the support of a variety of firms and industry organizations, including Oklahoma while current EPA Administrator Scott Pruitt was the state’s attorney general. The opponents argued the EPA had overstepped its regulatory authority with the new rules and they therefore should be struck down.
The Supreme Court in an unprecedented decision in February 2016 ordered the EPA to temporarily stay the implementation of the Clean Power Plan until a lower-level court had made a ruling on the EPA’s authority to set such standards. Oral hearings were held in the D.C. Circuit Court in September 2016, but a decision is still pending.
Because the EPA under Pruitt will review the Clean Power Plan and roll back other Obama initiatives, the executive order alters basic legal dynamics. Now, lawsuits making their way up the court system will change. Instead of challenging the Obama rules, suits will be aimed at forcing the Trump administration to either uphold them or take other forms of meaningful regulatory action.
Many states and environmental groups that support the Clean Power Plan and other existing measures stand ready with a lineup of lawyers to fight back. They will argue that the federal government must act based on a 2007 U.S. Supreme Court decision classifying CO2 as a pollutant under the Clean Air Act and a 2009 EPA Endangerment Finding stating that current and projected atmospheric concentrations of greenhouse gases threaten the public health and welfare of current and future generations.
Will we still always have Paris?
The executive order is silent on the Trump administration’s intent vis-à-vis the 2015 Paris Agreement, in which nearly 200 countries agreed to lower greenhouse gas emissions. But it casts a long shadow both on the U.S. ability to meet its Paris goal and the future of U.S. international leadership on climate change.
The implementation of the Clean Power Plan is central to fulfilling U.S. commitments under the Paris Agreement of reducing national GHG emissions by 26-28 percent below 2005 levels by 2025 and to make best efforts to reduce its emissions by 28 percent. By 2014, national emissions were down 9 percent compared with 2005 levels.
Electing to either leave or ignore the Paris Agreement would not provide the United States with more independence and flexibility, as it reduces its political influence and ability to shape future decisions in global climate negotiations.
There are other global environmental treaties around biodiversity protection and the management of hazardous chemicals and wastes to which the United States is not a party. As a result, the U.S. ability to influence regulatory decisions under these treaties is severely limited – for example, specific chemical compounds where there is a need to protect human health and the environment, or where U.S. firms have economic interests. This foreshadows the kind of outsider status that the United States may gain if it backs out of the Paris Agreement.
Notably, ceding international leadership on climate change may serve only to embolden other countries, including China, to take on a more prominent role at the expense of U.S. influence. It would also further increase many other countries’ rapidly mounting frustration with the Trump administration.
Many different stakeholders, including ExxonMobil, argue that it is better for the United States to be on the inside rather than the outside when it comes to the future climate change cooperation. Former ExxonMobil CEO and current Secretary of State Rex Tillerson has suggested the U.S. should stay in the agreement.
US paying for assistance or ammunition?
Even if the United States stays with the Paris Agreement, President Trump and Republicans in Congress have made it clear they want to severely limit, or completely cut off, U.S. contributions to climate finance in support of mitigation and adaptation measures in developing countries. The United States so far has provided US$1 billion of the $3 billion pledged by the Obama administration to the Green Climate Fund.
Carrying through on these statements by significantly reducing U.S. international assistance would effectively erode an important basis of U.S. political leadership and influence. But they appear to be part of a larger shift in the use of foreign policy instruments from nonmilitary means, such as climate and development aid, to military ones.
Trump’s “skinny budget” proposed a 31 percent cut to the EPA budget and a 29 percent reduction in funds for the State Department and other development programs. There is very little chance that Congress will approve such dramatic cuts, but these proposals tie in with what seems to be a broader change in U.S. foreign policy strategy.
As Trump proposed a 10 percent increase in the military budget, foreign policy experts worry that a significant cut in nonmilitary resources will severely undermine U.S. leadership and the ability by the State Department and other government agencies to promote U.S. interest and political stability.
The court of public opinion
As the battle over federal climate change policy continues, President Trump risks losing the public opinion battle on climate change beyond his most ardent base.
News Source : Business Standard