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Message for State Climate Policy: Lead with a Vision, Not a Tax

Washington State has continued to try – unsuccessfully – to pass a carbon tax, with the latest effort, Initiative 1631, losing on November 6. The state's effort to control carbon is laudable, but Washington and other states contemplating how to fill the growing federal climate policy void should consider leading with a vision for a clean energy transition rather than a politically challenging "price." An overarching vision for a low-carbon future and a public decision-making process for achieving that future could attract more support than the imposition of a stand-alone fee or tax.

States might take a page from California's book: The central pillar of the state's climate program is its multi-sector planning process for achieving progressively demanding carbon reduction targets. When California set its first legislative targets in AB 32, it set in motion an economy-wide effort to identify and assess emission reduction opportunities in every sector in the state.

State agencies collaborated to explore opportunities in the electricity sector, transportation, buildings, land use, waste management, agriculture, and more. In each of these areas, policymakers considered not only climate reductions, but more comprehensive parameters, including economic and environmental implications, both benefits and risks, with a particular focus on disadvantaged populations. The process was transparent and participatory, with multiple stakeholder meetings and numerous public hearings. The state has now produced three scoping plans; the most recent, approved in December 2017, charts a path to meeting the state's 2030 greenhouse gas reduction target, a 40 percent reduction below 1990 levels.

This is not to say that states should not include carbon pricing as part of their overall climate strategy. California's scoping plans have included a valuable cap-and-trade program. The "cap" provides a backstop to make sure the state reaches its targets, and the cap-and-trade program provides a steady economy-wide price signal to induce reductions. Revenue from the program funds a wide variety of emission-reduction initiatives, and the state has committed to devoting at least 35 percent of the revenue to disadvantaged and low-income communities. 

But in California, the carbon pricing program is not the centerpiece of the state's climate policy. Instead, the cap-and-trade program has complemented the state's more substantive and inspiring strategies for transitioning to cleaner electricity, cleaner transportation, more livable and less polluted communities, and more sustainable agriculture.

Backers of a Washington carbon tax have not ignored the socioeconomic implications of carbon policies. The first effort to pass a carbon tax, in 2016, was designed to give revenue back to citizens, in large part to reduce the indirect impact of the tax on low-income households. I-1631, the 2018 initiative, targeted revenue for numerous good causes. Seventy percent of the funds were allocated to clean air and clean energy initiatives, including measures that would benefit low-income residents and transitional training for fossil fuel workers.

Ultimately, however, a tax – or "fee," as it was called – can't help looking like it costs money.  And, when proposed on its own, that is a hard sell, even if the revenue is earmarked for worthy causes.

Describing market mechanisms as a hard political sell runs counter to conventional political wisdom. Market mechanisms have been viewed as politically attractive – at least to industry – because they are arguably cheaper; those who face high emission control costs can pay the fee or buy allowances rather than having to invest in expensive controls or alternative energy. In addition, market mechanisms leave key decisions to the private sector: Regulated entities decide how much to reduce in light of the carbon price instead of being told what to do by regulators. 

But where has appealing to industries' interest in the cheapest compliance options taken us? In Washington State, large oil companies and industry insiders like Koch Industries opposed the proposed fee, pouring $31 million into the "no" campaign – making this the most expensive ballot campaign in Washington State history. If a carbon fee doesn't bring industry on board or attract voter support, then it's time for a new political strategy.

A comprehensive vision for a clean economy, with a participatory process for developing specific initiatives, might generate a level of public support that could counter vested interests' ongoing efforts to oppose climate and clean air policies. Once that groundwork is laid, state policymakers or citizens may be more willing to recognize the valuable role that a supplementary carbon price can play. I provide an in-depth exploration of the role of carbon pricing in climate policy in Energy, Governance, and Market Mechanisms.

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Alice Kaswan | November 19, 2018

Message for State Climate Policy: Lead with a Vision, Not a Tax

Washington State has continued to try – unsuccessfully – to pass a carbon tax, with the latest effort, Initiative 1631, losing on November 6. The state's effort to control carbon is laudable, but Washington and other states contemplating how to fill the growing federal climate policy void should consider leading with a vision for a […]

Laurie Ristino | November 16, 2018

Farm Bill 2018 — Where Are We Going Post-Midterms?

The midterm elections are over, and most of the races have been decided. The outcome will have consequences for a wide variety of policies and legislation, including the 2018 Farm Bill. So what's the status of the bill? What are its prospects for passage during what remains of the 115th Congress? And how will the […]

Melissa Powers | November 15, 2018

Designing Law to Prevent Runaway Climate Change

This post is part of a series of essays from the Environmental Law Collaborative on the theme "Environmental Law. Disrupted." It was originally published on Environmental Law Prof Blog. "Every system is perfectly designed to get the results it gets." If that's so, our climate and energy laws have been perfectly designed to fall short. […]

Sarah Krakoff | November 14, 2018

Environmental Justice and Environmental Sustainability: Beyond Environment and Beyond Law

This post was co-authored with Shannon Roesler, a Professor of Law at the University of Oklahoma City School of Law. Before joining the law school faculty, she served as a law clerk to the Honorable Deanell Reece Tacha on the United States Court of Appeals for the Tenth Circuit. She was also a staff attorney and […]

Robin Kundis Craig | November 13, 2018

Does the President Really Matter to U.S. Participation in International Law? A View from the Perspective of Oceans Law

This post is part of a series of essays from the Environmental Law Collaborative on the theme "Environmental Law. Disrupted." It was originally published on Environmental Law Prof Blog. How much do presidents really matter to the United States' participation in international environmental law? Fairly obviously, presidential turnovers in the United States are absolutely critical […]

Victor Flatt | November 12, 2018

Federal Court Deals Major Blow to Keystone XL Pipeline

Late last week, a federal district court in Montana blocked construction on the Keystone XL pipeline. The decision in Indigenous Environmental Network, et al. v. U.S. Department of State is a significant victory for the environment and a major blow to the ultimate completion of the controversial pipeline. The case centered on the Trump administration’s […]

James Goodwin | November 8, 2018

Warren’s Bill Presents Progressive Vision for Rulemaking Reform

Originally published in The Regulatory Review. Reprinted with permission. By even cost-benefit analysis — the most biased metric — regulations are improving America, producing benefits that exceed costs by a ratio of as much as 12-to-1, according to the most recent figures from the Trump Administration. Of course, those numbers barely scratch the surface of what […]

Matt Shudtz | November 8, 2018

Act Two: Answering the Clear Mandate for Vigorous Oversight

For two years, President Trump has attempted to steer federal policy in ways that undercut core American values. His vision of government – to the extent one can divine a coherent vision – lacks compassion, fairness, a commitment to equal voice and opportunity, and concern for the long-term threats that families and communities cannot address […]

Sandra Zellmer | November 6, 2018

Argument Analysis: Yukon-Charley Continues to Commandeer Gray Cells

This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US). Click here to read Professor Zellmer’s follow-up analysis of the opinion in this case. Alaska hunter John Sturgeon is asking the Supreme Court to slam the door on the National Park Service’s ability to apply its nationwide hovercraft ban […]