Waxman-Markey passed the House. Was it the right thing to do? What's the outlook from here? Here are a few views from around the web.
The concerns about measuring and enforcing offsets are genuine (and increased because of Waxman-Markey’s reliance on USDA to do the job.) But those problems aren’t insurmountable either. Instead of complaining about reliance on offsets or the inclusion of USDA, we need to think about how to improve the offset program.
When you draw intersecting curves of “what needs to be done” and “what can realistically be done,” Waxman has time and again put himself at the intersection, and I think it involves a fair amount of hubris to think that you know better than him what the best feasible legislative outcome is.
That said, there’s really no getting around the fact that the best feasible legislative outcome isn’t good enough according to the climate science. What we’re left with is essentially the hope for an iterative process—a flawed bill that makes progress helps spur a productive meeting in Copenhagen helps spur some kind of bilateral deal with China which helps create the conditions for further domestic legislation. I think this is the best idea anyone has, but it’s a pretty dicey proposition.
I want to congratulate the Peterson amendment for the positive things it does do—consider numerous progressive agricultural practices as part of a comprehensive climate bill. I recognize just how powerful that is and I certainly do not want to underplay such inclusions. Progressive farmers absolutely must play a role in the climate change debate and mitigation strategies—no doubt. But to create an amendment that does so and then turns right around and grandfathers in questionable biofuels, pushes aside science and doesn’t include other government agencies in its GHG Advisory committee is counterproductive to the point that I have to wonder how effective the amendment will be in achieving the overall goal of the Waxman-Markey bill.
So, how does this bill pass the 60-vote Senate with such a narrow margin in the House? Well, maybe -- probably? -- it won't. But the Senate will be voting on a somewhat different bill, at a somewhat different time in the legislative calendar, and its members have somewhat different prerogatives. Fewer of them are under re-election pressure. And Obama -- wisely, I think -- has conserved a lot of his political muscle for the Senate fight. Then again, who knows how much political muscle he'll have left depending on how health care and the economy go.
Since President Obama is likely to sign the bill with great fanfare, what will the public take away from this? Will they see it as a “win”—that the problem is solved? If so, what will that mean for pushing for the needed steps later? How will the public be mobilized to push their Representatives when the official and media message is that this is “landmark” legislation?
And Ted Glick says Obama needs to be pressing publicly for a strong bill from the start, not just pushing for votes for a weakened one at the last minute.
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Ben Somberg | June 29, 2009
Waxman-Markey passed the House. Was it the right thing to do? What’s the outlook from here? Here are a few views from around the web. Dan Farber: The concerns about measuring and enforcing offsets are genuine (and increased because of Waxman-Markey’s reliance on USDA to do the job.) But those problems aren’t insurmountable either. Instead […]
Bradley Karkkainen | June 26, 2009
The House Agriculture Committee yesterday released the language of an amendment by Agriculture Committee Chairman Collin Peterson (D-MN), which Rep. Waxman has agreed to accept as part of the final House climate change bill in order to secure support from Peterson and other farm-state representatives. Peterson represents a large, heavily ag-dependent district in central and […]
Victor Flatt | June 26, 2009
Wednesday, I explored the various ways that the USDA takeover of bio-sequestration offsets could affect how well the offsets provision of the Waxman-Markey Climate Security Act would work. Today, we have legislative language in the form of an amendment offered by Rep. Collin Peterson (D-MN), which fills in some of the details. While some of […]
Ben Somberg | June 25, 2009
What was the cost, in dollar terms, of the nine lives lost in the DC Metro crash on Monday? And how does that compare to what the cost would have been to prevent the accident, or lessen the severity of it? Should we do a cost-benefit analysis to determine the best policy? Edward Tenner's post […]
Victor Flatt | June 24, 2009
Last night, House Energy and Commerce Chair Henry Waxman announced that he had agreed with Agriculture Committee Chair Collin Peterson that the USDA could have jurisdiction over agricultural offsets in the massive American Clean Energy and Security Act, which the House may vote on this Friday. In agreeing to what had been one of the […]
Daniel Farber | June 23, 2009
Cross-posted by permission from Legal Planet. In an opinion by Justice Kennedy, the Supreme Court decided two issues in this case, over a dissent by Justice Ginsburg. The first was whether the Clean Air Act gives authority to the United States Army Corps of Engineers, or instead to the Environmental Protection Agency (EPA), to issue […]
Victor Flatt | June 23, 2009
Yesterday the Supreme Court ruled in Coeur Alaska, Inc. v. Southeast Alaska Conservation Council that the United States EPA and the Army Corps of Engineers could interpret the Clean Water Act to exempt water pollution sources from pollution control requirements if the pollution was accompanied by fill material. This legal feat was accomplished because the […]
Matt Shudtz | June 22, 2009
While his colleagues (and former colleagues) jockey for the healthcare reform limelight, Rep. Frank Pallone is quietly busy making sure that, regardless of who pays for healthcare, the sick and injured will have safe and effective solutions to their problems. Last Thursday, Rep. Pallone held a hearing to assess FDA’s ability to properly oversee the […]
Holly Doremus | June 19, 2009
Cross posted by permission from Legal Planet. Rick earlier posted about the 20th anniversary of the Exxon Valdez oil spill. This week, the Ninth Circuit may finally have brought the litigation that followed that spill to a close. You may recall that last year the U.S. Supreme Court heard Exxon’s challenge to the punitive damages […]