US Climate Legislation, Regulation, and the Courts

US federal climate legislation proposals along with greenhouse gas regulation by the US EPA (Environmental Protection Agency) are summarized below, along with regional, state, city, and local programs. Successful legislation and regulation in the US at all levels are critical for effective international mitigation action against global warming / climate change.

The US Congressional procedure involves both houses passing climate legislation that must be reconciled to identical versions and signed by the President. Besides US national legislation and regulation, federal programs are in place. HERE is a summary of US Federal programs to mitigate climate change. HERE is a summary of support for renewable energy from the stimulus Recovery Act. HERE is the BNA Legislative Tracker for pending climate legislation (both Senate and House).

A persistent political fact is that Republicans have been attacking climate legislation and regulation using every conceivable weapon. The latest such tactic is a proposal for a federal spending cap that would preclude climate legislation at a US national level; see HERE.

Click below for Federal, Regional, State, City/Local Climate Legislation and Regulation and for Court information:

• Go to US Senate Climate Legislation
  

• Go to US House of Representatives Climate Legislation
  

• Go to EPA Climate Regulation
  

• Go to Regional Climate Initiatives

• Go to State Climate Legislation
  

• Go to City/Local Climate Legislation

• Go to Courts and Climate

• Go to Other Relevant Information

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US Senate Climate Legislation

Latest News

(11/02/10): Republicans take the House. Passage of a climate bill in the Senate is now dead for the immediate future. For analysis, read Paul Krugman's op-ed, Who Cooked the Planet? The Administration had been looking for a way to produce a bill with climate provisions, negotiated between House and Senate, see HERE. An excellent essay of the political negotiation details is in The New Yorker Magazine of October 11, 2010 - HERE.

Oil and gas companies responded in 2009 with a $175 million lobbying offensive to oppose a climate bill, and the American Petroleum Institute rolled out "citizen rallies"; see HERE.

Here is one way to characterize the problem:

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Previous Senate Climate Legislation Proposals

HERE is a comparison of Senate proposed bills by the Congressional Research Service.

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HERE is the Kerry-Lieberman (KL) Senate climate/energy legislation, bill released 12 May 2010, the American Power Act.

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OTHER SENATE CLIMATE BILL PROPOSALS

HERE is S.3464, Sen. R. Lugar's "Practical Energy and Climate Plan Act of 2010". HERE is the full text. HERE is information from Sen. Lugar's website.

HERE is a description of the Cap-and-Refund "CLEAR" proposal by Cantwell and Collins.

HERE is the Kerry/Lieberman/Graham Senate bill proposal of December 2009. HERE is discussion of the KLG bill as of 3/24/10.

HERE is a discussion of the earlier Kerry-Boxer Senate bill.

HERE is some analysis of these earlier proposals.

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The ACES House bill (see below) is still before the Senate.

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US House Climate Legislation

HERE is a description of the Waxman-Markey "American Clean Energy and Security" ACES bill passed by the House of Representatives in June, 2009. It provides a "cap-and-trade" system.

The European Union Emission Trading System ETS is a cap-and-trade system.  

Stark Introduces Carbon Tax Bill to Reduce Emissions, Deficit

CBO Says Carbon Tax is Most Economically Efficient Way to Cut Carbon Emissions

Congressman Stark (D-CA) announced the introduction of the Save Our Climate Act, H.R. 3242. This legislation would levy a carbon tax on fossil fuels in order to reduce our dependence on foreign oil, spur development of alternative energy, protect consumers from rising energy costs, mitigate climate change, and reduce our deficit. See HERE for more information. See HERE for a video of Dr. Jim Hansen on fee (tax) and dividend.

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Environmental Protection Agency Regulation of Greenhouse Gases

HERE is a description of the EPA regulation of greenhouse gases.

HERE is a link to the EPA RSS feed.

HERE is some testimony to the EPA on greenhouse gas regulation in hearings held in May 2009. 

HERE is the EPA website on climate change.

Read an appeal to defend the EPA HERE.

The EPA issued an Endangerment Finding for greenhouse gas emissions in 2009. Under a Supreme Court ruling involving the Clean Air Act, the EPA is therefore required to regulate greenhouse gases. This obligation is currently under some legal and legislative attacks. The ACES House bill would remove the EPA greenhouse gas regulatory authority, the Kerry-Boxer Senate bill would not.

UPDATE: Republicans, now a majority in the House are attacking the EPA, from legislative initiatives to budget cuts. For example, the House voted to cut the budget of an EPA program (Greenhouse Gas Registry) that collects data on greenhouse-gas emissions from U.S. companies. However the US Senate, requiring an unobtainable 60 votes, is rejecting Republican proposals, see HERE. This continues earlier Senate actions, for example the Murkowski Resolution attack on the EPA was defeated. The American Petroleum Institute expressed disappointment. Various legal attacks from energy companies and others are underway. The proposed budget from the White House includes an EPA funding cut.

The EPA on July 29, 2010 rejected 10 petitions from contrarian/denier organizations attacking the EPA's authority. "The endangerment finding is based on years of science from the U.S. and around the world. These petitions -- based as they are on selectively edited, out-of-context data and a manufactured controversy -- provide no evidence to undermine our determination. Excess greenhouse gases are a threat to our health and welfare,” said EPA Administrator Lisa P. Jackson. “Defenders of the status quo will try to slow our efforts to get America running on clean energy. A better solution would be to join the vast majority of the American people who want to see more green jobs, more clean energy innovation and an end to the oil addiction that pollutes our planet and jeopardizes our national security.” Complete information is HERE.

The EPA (see HERE) published a very long and detailed 11 volume response to the various contrarian attacks against it during the public hearings held in 2009. By subject:

• Vol. 1: General Approach to the Science and Other Technical Issues

• Vol. 2: Validity of Observed and Measured Data

• Vol. 3: Attribution of Observed Climate Change

• Vol. 4: Validity of Future Projections

• Vol. 5: Human Health and Air Quality

• Vol. 6: Agriculture and Forestry

• Vol. 7: Water Resources, Coastal Areas, Ecosystems and Wildlife

• Vol. 8: Other Sectors

• Vol. 9: Endangerment Finding

• Vol. 10: Cause or Contribute Finding

• Vol. 11: Miscellaneous Legal, Procedural, and Other Comments

• Technical Support Document for the Findings (PDF) (210 pp, 2.5MB)

• Endangerment Home

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US Regional Climate Initiatives

Various US regional initiatives for climate exist. HERE is a summary.

In the Northeast, where the Regional Greenhouse Gas Initiative has been in place since December 2005, utilities are switching from coal-fired facilities to those that run on natural gas.

Now, the Western Climate Initiative has gotten 11 states and Canadian provinces on board. The goal is to cut the level of greenhouse gas emissions by 15 percent from 2005 levels and before 2020.

Under the Midwest Greenhouse Gas Reduction Accord, a long term goal of cutting carbon levels by 60-80 percent below current emissions and by mid Century has been agreed upon. The agreement, signed on Nov. 15, 2007 by six states and the Canadian Province of Manitoba, would use a cap-and-trade system.

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US State Climate Legislation

HERE is the Center for Climate Strategies. From their website: U.S. states play an important role in contributing to global solutions to climate change because of their size and their ability to formulate effective responses. State policies resulting from these plans have been compiled here: State Policy Tracker

State climate action plans—a product of intensive stakeholder and technical work group collaboration—are designed to reduce state greenhouse gas (GHG) emissions through a wide range of specific policies and programs in the following categories:

• Energy Efficiency and Conservation

• Clean, Advanced, and Renewable Energy Supply

• Transportation and Land Use Improvements

• Forest and Farm Conservation

• Waste Management

• Industrial Processes Improvements

Here is a sampling of recent interest among the very large number of state climate programs. Other relevant information is in various places on this Climate Portal, including links.

CALIFORNIA

HERE is the latest California State proposed renewable energy legislation, the most ambitious in the US. The law would require privately and publicly owned electric utilities to generate a third of their power from wind, solar and other clean sources by 2020.

Proposition 23. [Edit: Prop 23 was defeated]. The destructive proposed fossil-fuel supported Prop 23 attacks California greenhouse gas mitigation, and will hurt renewable energy business. Climate Progress reports that the Nov. 2 ballot measure would delay the implementation of certain parts of Assembly Bill 32, the 2006 law requiring that the state reduce its greenhouse gas (GHG) emissions to 1990 levels by 2020, until the state’s 12.3 percent unemployment rate drops to 5.5 percent for four consecutive calendar quarters. George Shultz, former Secretary of State under Reagan and co-chairman of the campaign against Proposition 23, says "So we have a three-pronged set of problems" created by greenhouse gases. "Security, economic and environmental."

For a detailed analysis of Prop 23 by the UU-UNO Climate Initiative's Larry Danos, click HERE.

Here is the anti-Prop 23 logo:

NEW JERSEY

Some state actions have been counter-productive. For example New Jersey made substantial cuts in the Clean Energy Trust Fund in 2010-2011, confiscated proceeds from RGGI for 2011, and eliminated the Office of Climate Change and Energy for 2011. HERE is a statement opposing these cuts. On the positive side a New Jersey Off-shore Wind Economic Development Act was announced as part of the NJ energy policy. On the negative side, NJ plans to lower the amount of electricity to be obtained from renewable sources like solar or wind power at 22.5 percent by 2021, down from 30 percent, and with more emphasis on electricity powered by natural gas.

The New Jersey Global Warming Response Act adopted statewide limits on greenhouse gas emissions in July 2007. Specifically, the law mandates the statewide reduction of greenhouse gas emissions to 1990 levels by 2020, approximately a 20 percent reduction, followed by a further reduction of emissions to 80 percent below 2006 levels by 2050. See HERE and HERE. 

Gov. Christie (NJ) announced that New Jersey will withdraw from RGGI at the end of 2011. The reason given was that the price of carbon traded on RGGI was too low to be effective. However pressure from right-wing politics played the dominant role. HERE is another analysis.

One positive sign emerged. Christie, after meetings to become informed on climate, said: "... I've always said climate change is real and it's impacting our state...It's time to defer to the experts. ”

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US City / Local Climate Legislation

Cities around the US and indeed the world are acting on climate. See COOL CITIES, ICLEI (Local Governments for Sustainability), and the World Mayors Council on Climate Change. From the ICLEI website: "In response to the fact that tackling climate change has become a key element in achieving sustainability goals at all levels, as of 2009 ICLEI´s climate work is structured under three main areas as Mitigation, Adaptation and Advocacy." HERE is the C40 Cities Climate Leadership Group, a group of large cities world wide committed to tackling climate change.

 Specific Examples in the US 

HERE is a report from the New York City Panel on Climate Change, outlining early and ongoing adaptation measures and identifying best practices in adaptation planning.

Here is flooding under storm surge conditions with a sea level rise of 2 -3 meters in perhaps 200 years, making parts of NY City look like Venice  - storm categories 2 (red) to 4 (green).

HERE is Sustainable Jersey, a certification program for municipalities in New Jersey that want to go green, control costs and save money, and take steps to sustain their quality of life over the long term.

The ambitious Sonoma County CA Community Climate Action Plan is described in this video:

HERE are Chicago's climate adaptation strategies: 1. Manage Heat: Update the heat response plan, focusing on vulnerable populations, complete further research into urban heat island effect and pursue ways to cool hot spots; 2. Pursue Innovative Cooling: Launch an effort to seek out innovative ideas for cooling the city and encourage property owners to make green landscape and energy efficiency improvements; 3. Protect Air Quality: Intensity efforts to reduce ozone-precursors through mitigation programs that reduce driving and emissions from power plants; 4. Manage Stormwater: Collaborate with the Metropolitan Water Reclamation District on a Chicago Watershed Plan that factors in climate changes and uses vacant land to manage stormwater; 5. Implement Green Urban Design: Implement key steps in Chicago’s Green Urban Design plan to manage heat and flooding. These steps will enable Chicago to capture rain where it falls and reflect away some of the intensity of the sun on hot days; 6. Preserve Our Plants and Trees: Publish a new plant-growing list that focuses on plants that can thrive in altered climates. Also draft a new landscape ordinance to accommodate plants that can tolerate the altered climate; 7. Engage the Public: Share climate research findings with groups most affected – social service agencies, garden clubs, etc. Help individual households to take their own steps to reduce flooding and manage heat waves, such as installing rain barrels and back-up power for sump pumps and planting shade trees; 8. Engage Businesses: Work with businesses to analyze their vulnerability to climate change and take action; 9. Plan for the Future: Use the Green Steering Committee of City Commissioners to oversee City implementation efforts and the Green Ribbon Committee of business and community leaders to assess how the plan is being implemented, recommend revisions, and report to the Mayor and all Chicagoans on our progress. 

There are municipal organizations, for example the Monmouth County Cool Cities Partnership (MCCCP) in NJ, which participates in training for Green Teams in municipalities, as pictured below:

Initiated in 1993, the Cities for Climate Protection (CCP) Campaign is the first international initiative that aims to facilitate emissions reduction of local governments through a five milestone process of measurement, commitment, planning, implementing and monitoring. 

Here is the ICLEI International Progress Report – Cities for Climate Protection (2006).  For the US, the number of CCP Participants (cities) in 2006 was 161, with population: 55 million:

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The Courts and Climate

A comprehensive treatment of legal cases involving climate is given by the Center for Climate Change Law (CCCL) at Columbia Law School. For some topical cases involving contrarian/deniers and scientists see HERE.

SUPREME COURT AND CLIMATE

Under a Supreme Court ruling involving the Clean Air Act, the EPA is required to regulate greenhouse gases.

As reported HERE, for the second time in four years, the U.S. Supreme Court will hear a case involving global warming. The question before those justices now is whether the states can sue utilities to reduce their carbon emissions or whether that is a matter that should be left solely to policymakers. The initial oral arguments on the Supreme Court website are HERE.

OTHER COURTS AND CLIMATE

LEGAL EPA INFORMATION: The U.S. Court of Appeals for the D.C. Circuit [10 Dec 2010] denied all the pending motions to stay EPA's regulations of greenhouse gases, some of which are scheduled to take effect on January 2, 2011.  The order by Judges Ginsburg, Tatel and Brown declared that the petitioners (several industry groups and states opposed to climate regulation) “have not shown that the harms they allege are ‘certain,’ rather than speculative, or that the ‘alleged harm[s] will directly result from the action[s] which the movant[s] seeks to enjoin.’” The order is available here.

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 Other Relevant Information

Cap and Trade vs. Fee and Dividend

• HERE is a discussion from Environment 360 at Yale U.  

Climate Change Policy

• HERE is a recent seminar on Climate Change Policy with a number of talks available.

 Climate Mitigation (what YOU can do)

• For the main section on mitigation click HERE.

• Various ARTICLES and RSS FEEDS have mitigation discussions.

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