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With the Inflation Reduction Act, the Clean Energy Revolution Will be Subsidized

This is the first in a two-part series on the implications of the historic climate and health spending package, which President Biden signed into law earlier this week. Read the second post here.

With the signature of President Joe Biden, the Inflation Reduction Act (IRA) now marks the most significant climate policy action the United States has ever taken. The defining feature of this law is that it seeks to wring carbon dioxide emissions out of the U.S. economy by relying heavily on policy "carrots," like subsidies, instead of policy "sticks," such as regulating the fossil fuel industry or attempting to capture the external costs of greenhouse gas emissions through carbon pricing.

In this regard, the new law represents a significant departure from past unsuccessful legislative efforts to tackle the climate crisis and, as we argue in Part I of this series, is a groundbreaking and respectable effort to decarbonize. However, as we argue in Part II, its provisions could potentially place an unacceptably heavy burden on marginalized communities and thus may fall short of fulfilling the administration's commitment to climate justice.

Setting the Path to a Clean Energy Future

The IRA directs $369 billion toward a comprehensive set of clean energy subsidy programs, covering nearly every major contributor to the U.S. carbon footprint. It includes substantial tax credits for qualifying individuals to purchase new or used electrical vehicles. It establishes a $9 billion rebate program to help low-income families replace natural gas appliances with electric ones and make their homes more energy efficient. And it creates a $6 billion program that seeks to reduce carbon emissions from energy-intensive industries, such as cement and steel manufacturing. Other grants and tax credits are targeted at reducing methane emissions from oil and gas development, promoting "climate-smart" agriculture, and supporting domestic manufacturing of clean energy technologies.

To be sure, the effects of such subsidy programs are harder for policymakers to control than more direct measures like regulation. Nevertheless, various emissions models project that implementing most (but not all) of these measures will reduce our nation's greenhouse gas emissions by 40 percent by 2030 (relative to 2005 levels).

That would be a major achievement — and bring the United States within striking distance of achieving the Biden administration's ambitious target of a 50 percent reduction in carbon dioxide emissions by decade's end. According to other estimates, the law would cut about 1 billion tons of emissions per year by 2030. (Currently, total global emissions of carbon dioxide are around 36 billion tons per year.) Achieving emissions reductions at this scale and on this timeline is essential if we are to avoid the worst consequences of climate change.

While the "carrots" approach to pursuing our climate goals may not be ideal (by comparison, direct regulation or pricing mechanisms would provide greater certainty over the amount of emissions reductions that could be achieved), it is an entirely legitimate one under the circumstances.

For one thing, the United States, has a long history of subsidizing energy sources, having lavished various forms of public support on the fossil fuel industry for over a century. According to some estimates, annual U.S. subsidies for fossil fuels amount to anywhere between $10 and $52 billion. On the other hand, technology to develop clean sources of energy, such as wind and solar power, does not receiving any special or unprecedented favors through the IRA.

Subsidies Will Positively Impact Climate-Driven Economics

For another thing, mainstream economics recognizes subsidies as a legitimate policy tool for promoting so-called public goods that the marketplace on its own would not sufficiently supply. Virtually every climate scientist agrees that the marketplace is not developing and deploying renewable energy sources at the scale and speed necessary for averting the worst consequences of climate change.

Not only is the IRA's use of subsidies to promote clean energy a legitimate policy response, it also offers several distinct advantages. First, and most obviously, it worked. Past legislative efforts at carbon pricing and direct regulation never made it through Congress.

A major reason for this, of course, is that clean energy subsidies benefited from an easier legislative pathway. Because they could be readily packaged in a budget reconciliation bill that enjoys privileged legislative procedures, these measures were thus able to bypass the 60-vote filibuster, which has doomed past climate measures. (Of course, a carbon tax could theoretically be enacted through budget reconciliation, but such an approach is unlikely to meet even this less onerous 50-vote requirement, given how politically toxic the policy is.)

Second, we know from experience that clean energy tax credits are a powerful policy tool for achieving significant greenhouse gas emissions reductions. For instance, the Obama-era American Recovery and Reinvestment Act (a stimulus package enacted in the wake of the Great Recession) invested $90 billion in clean energy technologies. The decade after the law's passage saw wind and solar power capacity grow to become significant parts of the country's energy portfolio.

Third, the IRA's grants and tax credits have the potential to put U.S. climate policy on a more durable foundation by building a broader and stronger constituency for it, particularly among rural and other conservative communities that are now largely hostile to climate action.

Indeed, many of the law's provisions would significantly increase the number of people employed in clean energy industries, as well as increase those industries' contributions to local tax bases. As such, more individuals and elected officials will have a stake in seeing those industries thrive and will thus be more likely to support policies that are favorable to their growth and long-term stability.

Finally, deploying policy "carrots" first eases the path for later use of policy "sticks" like regulations. Part of this dynamic is the result of newly established political constituencies for clean energy technology, which, as noted, would be more inclined to support regulations that mandate the use of those technologies.

Another big part: The IRA's provisions will likely lead to wider deployment of these technologies and, in so doing, make them significantly less costly. These developments would be critical from a regulatory standpoint because many environmental statutes direct agencies to consider the costs and availability of technologies when designing regulations. As such, agencies such as the U.S. Environmental Protection Agency (EPA) will have an easier time justifying regulations that would mandate their use.

Even industries that would have to comply with new regulations might welcome them thanks to the IRA's subsidies. The overarching purpose of these provisions is to induce businesses to make productive investments in decarbonizing their activities over the course of several years. But businesses may not fully commit to making these investments if they face potential instability in the marketplace or if they fear being undercut by competitors.

Well-designed regulations, however, mitigate these concerns by establishing universally applicable market rules that provide a clear pathway for investments to evolve over time. As businesses move along this investment pathway, they will likely begin to take a more vested interest in the continued success of future climate action, further broadening the political constituency behind it.

The law is not perfect, though. To learn about the IRA's harmful implications for vulnerable communities, please read the second part of this series.

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Alexandra Rogan, James Goodwin | August 18, 2022

With the Inflation Reduction Act, the Clean Energy Revolution Will be Subsidized

With the signature of President Joe Biden, the Inflation Reduction Act (IRA) now marks the most significant climate policy action the United States has ever taken. The defining feature of this law is that it seeks to wring carbon dioxide emissions out of the U.S. economy by relying heavily on policy "carrots," like subsidies, instead of policy "sticks," such as regulating the fossil fuel industry or attempting to capture the external costs of greenhouse gas emissions through carbon pricing.

Alexandra Rogan, James Goodwin | August 18, 2022

The Inflation Reduction Act’s Harmful Implications for Marginalized Communities

The Inflation Reduction Act (IRA) will subsidize our nation's clean energy revolution and have a positive impact on climate-driven economics, as noted in Part I of this series. That said, the IRA isn't flawless. Notably, it includes several subsidies for fossil fuels, which will be counterproductive as our nation works toward its climate goals. Worse still, not all "carrots" for clean energy technologies are good, and the IRA includes a potentially bad one. Specifically, the IRA risks subsidizing the clean energy transition through perpetuating environmental injustice in how we obtain and use energy to fuel our economy.

James Goodwin | August 10, 2022

Op-Ed: Information Justice Offers Stronger Clean Air Protections to Fenceline Communities

After more than 50 years, the Clean Air Act is due for an upgrade to account for changing circumstances. We can now recognize how the law is insufficiently attentive to the realities of structural racism and systemic disparities in environmental protections. Polluters have exacerbated these problems by weaponizing uncertainty to oppose stronger protections for those who need them most. In speaking to both challenges, the Public Health Air Quality Act would help ensure that the Clean Air Act is well positioned to continue serving the American people for the next 50 years.

Daniel Farber | August 8, 2022

Will the Supreme Court Gut the Clean Water Act?

What wetlands and waterbodies does the Clean Water Act protect? Congress failed to provide a clear answer when it passed the statute, and the issue has been a bone of contention ever since. The Biden administration is in the process of issuing a new regulation on the subject. Normally, you'd expect the Supreme Court to wait to jump in until then. Instead, the Court reached out to grab Sackett v. EPA, where landowners take a really extreme position on the subject. Not a good sign.

Sophie Loeb | August 4, 2022

Duke Energy Carbon Plan Hearing: Authentic Community Engagement Lacking

On July 27, I had the privilege of testifying at the North Carolina Utilities Commission (NCUC) public hearing regarding the Duke Energy Carbon Plan. The Asheville hearing was one of six forums designated for public witness testimony on the proposed decarbonization plan. In 2019, North Carolina joined 34 other states investing in solar, wind, and other renewable resources when it passed its Clean Energy Power Plan, and, in 2021, when it passed House Bill 951, which commits to a 70 percent carbon reduction by 2030 and carbon neutrality by 2050. When Duke Energy, a major corporation with outsized influence over the state’s decarbonization plan, submitted its proposal to meet those goals, it failed to account for affordability and equity.

Hannah Klaus | August 3, 2022

Environmental Justice for All Act Would Address Generations of Environmental Racism

Last week, the Center for Progressive Reform joined 90 organizations in expressing strong support for the Environmental Justice for All Act in a letter as the bill went before the House Committee on Natural Resources for markup. The coalition, led by Coming Clean, a collaborative of environmental health and environmental justice experts, and the Environmental Justice Health Alliance for Chemical Policy Reform, urged committee members to advance this important legislation to the House floor. The bill, introduced by Reps. Raúl M. Grijalva of Arizona and Donald McEachin of Virginia, is the most significant effort by the federal government to address generations of environmental racism.

James Goodwin | July 27, 2022

Op-Ed: Manchin and the Supreme Court Told Biden to Modernize Regulatory Review — Will He Listen?

The Biden administration’s path forward on climate change -- as the widely deployed metaphor goes -- has become more difficult with the U.S. Supreme Court’s recent decision in West Virginia vs. Environmental Protection Agency (EPA). If the Biden administration is to successfully navigate that path -- and it must if we are to avert the worst consequences of the climate crisis -- the president will need to abandon the “compass” that his predecessors have relied on for decades to guide their policy agenda: Executive Order 12866: Regulatory Planning and Review.

Thomas McGarity, Wendy Wagner | July 25, 2022

Do Not Blame Us

Law professors dream of the day when the U.S. Supreme Court will rely on one of their publications for a proposition that is crucial to the outcome of an important case. What better validation of all the blood, sweat, and tears that were poured into the publication? What an existential high to know that they have finally arrived at the pinnacle. We experienced none of those emotions when reading Chief Justice John Roberts' opinion in West Virginia v. EPA. The citations to our work were both minor and innocuous, so that fact helps allay any sense of accomplishment. But equally significant, the Court's analysis bears little relationship to our own understanding of Section 111(a) of the Clean Air Act.

Daniel Farber | July 20, 2022

Declaring a Climate Change Emergency: A Citizen’s Guide, Part II

What government powers would be unlocked by declaring a climate change emergency? One immediate possibility would be to use the same power that former President Trump used to divert military construction funds to other uses -- in this case, perhaps building wind or solar farms or new transmission lines. But what else could President Biden do?