Beyond Carbon Pricing: Envisioning a Green Transition

by Alice Kaswan | July 16, 2019

High hopes that putting a price on carbon emissions would provide the most effective and politically expedient climate change policy keep getting dashed. In June, Oregon's Republican senators fled the state and hid rather than enact a carbon cap-and-trade program. Washington State citizen initiatives to pass a carbon tax have failed – twice. Even in progressive California, efforts to include a cap-and-trade program in the state's initial climate legislation failed; cap-and-trade came later, administratively rather than legislatively, and as part of a larger plan. 

Carbon pricing has an important role to play and should be a part of any comprehensive climate strategy. However, as I argue in a new CPR Issue Brief, Carbon Pricing: Essential But Insufficient, carbon pricing will not solve the climate crisis. Pricing alone is unlikely to be fully effective, would sacrifice core democratic values, and, as we've seen, may be less politically viable than once thought. Climate policies that more fully embrace the environmental and socioeconomic implications of a just transition to a green economy are more likely to provide a thoughtfully planned, deliberative, and inspiring path forward than a price sticker.

As a practical matter, a carbon price sends market signals that can create important incentives to reduce carbon. But these signals generate fragmented actions by a wide range of players rather than a coordinated and integrated strategy for transitioning away from fossil fuels. Strategic planning and ...

Where's the Beef?

by Daniel Farber | July 15, 2019
Originally published on Legal Planet Mississippi recently passed a law that has the effect of banning terms like "veggie burger." It's easy to imagine other states passing similar laws. From an environmental view, that's problematic, because beef in particular is connected with much higher greenhouse gas emissions than plant products. It's not just the methane from cow-burps, it's also all the carbon emissions connected with growing corn to feed the cattle. But in addition to its environmental drawbacks, the Mississippi ...

New House Bill a Game Changer for Protecting Workers from Extreme Heat

by Katie Tracy | July 11, 2019
Asunción Valdivia, a 53-year old father and farmworker at a Giumarra vineyard in California, died after laboring to pick grapes for ten straight hours in 105-degree heat. When he collapsed, his employer told Valdivia’s son, Luis, who was also working in the field, to drive him to the hospital, but Valdivia died before they arrived. In Valdivia’s memory, on July 10, Reps. Judy Chu and Raúl Grijalva paved the way to protecting outdoor and indoor workers across the nation from ...

Replacing the CPP's Visionary Energy Planning with the ACE's Technical Tinkering

by Alice Kaswan | June 28, 2019
The Affordable Clean Energy (ACE) rule, the Trump administration's recently released substitute for his predecessor's Clean Power Plan (CPP), has been widely criticized as an ineffectual mechanism for addressing power plants' greenhouse gas (GHG) emissions. More broadly, the rule substitutes a technocratic, plant-by-plant approach for the more comprehensive and participatory state planning required by the now-repealed CPP. The ACE identifies a range of potential heat-rate improvements (usually efficiency improvements) at coal-fired power plants and then lets the states determine which ...

The 'Advancing Coal Energy' Rule? EPA's Misguided Approach to Carbon Emissions from the Dirtiest Power Plants

by Hannah Wiseman | June 26, 2019
The EPA released its finalized rule for carbon emissions from existing power plants last week. The agency calls the rule the "Affordable Clean Energy" (ACE) rule, but it would be better named the "Advancing Coal Energy" rule given its explicit aim to keep old, dirty coal-fired power plants running. A bit of background first for those who aren't familiar with the rule. The United States has made a great deal of progress cleaning up its power plants so they emit ...

A Meditation on Juliana v. United States

by Lisa Heinzerling | June 17, 2019
In a recent essay posted to SSRN, I try to see, and to appreciate, the wisdom in a species of climate litigation that has many detractors. This litigation asks the courts to hold the government and private parties judicially accountable for their active promotion and pursuit of climate-endangering activities, even after they knew better – even after they knew the terrible risks we faced if they continued on their preferred course. It calls upon venerable legal doctrines, deployed as modern ...

Achieving an 80 Percent Emissions Cut by 2050

by Daniel Farber | May 22, 2019
Originally published on Legal Planet. To do its part in keeping climate change to tolerable levels, the United States needs to cut its carbon emissions at least 80 percent below 1990 levels by 2050. That’s not just a matter of decarbonizing the electricity sector; it means changes in everything from aviation to steel manufacture, and reducing not only CO2 but also other pollutants like HFCs and black carbon. In a new book, Michael Gerrard and John Dernbach have assembled a team of authors to ...

Chesapeake Bay State Plans to Protect Watershed, Reduce Pollution Fall Short

by Brian Gumm | May 16, 2019
In April, states in the Chesapeake Bay watershed published drafts of the latest iteration of plans to reduce pollution and protect their rivers and streams. New analyses from the Center for Progressive Reform show that the plans fall far short of what is needed to restore the health and ecological integrity of the Chesapeake Bay. The draft plans, known as Phase III watershed implementation plans (WIPs), were developed as part of the Bay Total Maximum Daily Load (TMDL) framework that ...

Connecting the Dots Among Infrastructure, Community Needs, and Climate: Season Two of CPR's Signature Podcast

by Robert Verchick | May 07, 2019
Pop quiz: What do marshes, pipelines, forests, and underground parking structures have in common? The answer is they are all infrastructure – part of the "underlying foundation," as my dictionary puts it, "on which the continuance and growth of a community depend." A lot of that foundation, like pipelines and parking structures, is artificial. But most of the goods and services we rely on come from the natural environment, itself, like clean water, breathable air, and a stable climate. Ideally, ...

How Climate Change Will Affect Real Lives -- Now and in the Future

by Daniel Farber | May 06, 2019
This op-ed was originally published by The Revelator. It is reprinted under Creative Commons license BY-NC-ND 3.0. Climate change has already had serious effects, but as we know from the steady and increasingly loud drumbeat of projections from various scientific bodies, the dangers will grow much greater in future decades. But what does this actually look like? Projections of life in 2050 or 2100 seem like the stuff of science fiction, yet those seemingly distant decades are not so far ...

Good News from the States: April 2019 Round-up

by Daniel Farber | April 30, 2019
Originally published on Legal Planet. Every day seems to bring more news of the Trump administration's dogged efforts to reduce environmental protections and accelerate climate change with increased carbon emissions. But, as has been true since Trump took office, the picture at the state level is much different. State governments across the country have accelerated their efforts to decarbonize while efforts to save the coal industry have foundered. Here are some of the latest developments. Earlier this month, Maryland's legislature ...

Declaring a Climate Change Emergency: A Citizen's Guide

by Daniel Farber | March 14, 2019
Originally published on Legal Planet. The possibility of declaring a national emergency to address climate change will probably remain under discussion for the next couple of years, particularly if the courts uphold Trump's "wall" emergency. For that reason, I thought it might be helpful to pull together the series of blog posts I've written on the subject. I want to emphasize three key points at the beginning: Declaring a climate emergency should be off the table if the Supreme Court rules ...

New Report: Socially Vulnerable Communities Face Increasing Risks from Toxic Floodwaters in Virginia

by David Flores | March 06, 2019
2018 was one of the wettest years on record in Virginia, causing catastrophic floods and landslides, as well as unexpectedly high levels of pollution in the Commonwealth’s waterways and the Chesapeake Bay. While the last waterlogged year is only a recent memory for Virginians, seemingly unremarkable snow and rainfall at the end of February caused the James River to crest last week at its highest level in Richmond in almost ten years. Climate change has clearly transformed our experience with ...

The Potential Benefits of Declaring a Climate Emergency

by Daniel Farber | March 04, 2019
Originally published on Legal Planet. I have a confession: When I started thinking about the possibility of a climate emergency declaration, it was mostly as a counterpoint to Trump's possible (now certain) declaration of an immigration emergency. As I've thought about it, however, it seems to me that there are enough potential benefits to make the idea worth serious consideration. A relatively restrained use of emergency powers could still have some real payoff. In general, I'm not in favor of expanding ...

National Security, Climate Change, and Emergency Declarations

by Daniel Farber | February 18, 2019
Originally published on Legal Planet. Trump finally pulled the trigger and declared a national emergency so he can build his wall. But if illegal border crossings are a national emergency, then there's a strong case for viewing climate change in similar terms. That point has been made by observers ranging from Marco Rubio to Legal Planet's own Jonathan Zasloff in a post last week. I agree, but I want to dig deeper because it's such an important point. In order to ...

Climate Damages: Uncertain but Ominous, or $51 per Ton?

by Frank Ackerman | February 14, 2019
Originally published on Triple Crisis. Second in a series of posts on climate policy. Find Part 1 here. According to scientists, climate damages are deeply uncertain but could be ominously large (see the previous post). Alternatively, according to the best-known economic calculation, lifetime damages caused by emissions in 2020 will be worth $51 per metric ton of carbon dioxide, in 2018 prices. These two views can’t both be right. This post explains where the $51 estimate comes from, why it’s not reliable, ...

On Buying Insurance, and Ignoring Cost-Benefit Analysis

by Frank Ackerman | February 11, 2019
Originally published on Triple Crisis. The damages expected from climate change seem to get worse with each new study. Reports from the IPCC and the U.S. Global Change Research Project, and a multi-author review article in Science, all published in late 2018, are among the recent bearers of bad news. Even more continues to arrive in a swarm of research articles, too numerous to list here. And most of these reports are talking about not-so-long-term damages. Dramatic climate disruption and ...

Does the Future Have Standing?

by Daniel Farber | February 07, 2019
Originally published on Legal Planet. Climate change is not just a long-range problem; it's one that will get much worse in the future unless major emissions cuts are made. For instance, sea levels will continue to rise for centuries. But the people who will be harmed by these changes can't go to court: they haven't been born yet. How can their interests be represented in court? And even people now alive who might still be around in, say, 2100, will ...

Climate Change

Human-caused climate change poses a profound threat to the future health of the planet and all that live on it. We know what causes it, and how to slow it down. But we have barely  begun to make real policy progress, in the face of heavily bankrolled opposition from the energy industry and its allies. CPR Member Scholars are focused on mitigating and preventing climate change, and adapting to what climate change we are too late to prevent.

Beyond Carbon Pricing: Envisioning a Green Transition

Kaswan | Jul 16, 2019 | Climate Change

Where's the Beef?

Farber | Jul 15, 2019 | Climate Change

A Meditation on Juliana v. United States

Heinzerling | Jun 17, 2019 | Climate Change

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