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Achieving an 80 Percent Emissions Cut by 2050

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 look at 35 different issue areas and figure out the legal actions that will be needed to drive this change. Their work builds on earlier planning efforts, particularly in California. The book runs more than 1100 pages and weighs in at over four pounds. Even the title has heft: Legal Pathways to Deep Decarbonization in the United States. I can’t claim to have plowed all the way through, but the book clearly deserves credit for moving the ball forward on a very big set of problems.  Many of the necessary changes are linked: we need to electrify cars, which means we need much heavier reliance on renewable energy. And relying heavily on renewables means we need a host of other measures to deal with intermittency issues, including better long-distance transmission, expanded demand response to synchronize power demand with supply, batteries for short term storage, and other technologies for longer-term energy storage. Each of those poses both technological and regulatory challenges.

The good news, Gerrard and Dernbach report, is that hitting the 80 percent target is technologically and economically feasible. But it’s going to be a heavy lift, requiring coordinated planning across many sectors and over three decades. (Socialism!)  That itself, it seems to me, poses major institutional challenges.

To be effective, planning has to be flexible enough to take into account new developments, such as unexpected technological breakthroughs. It also needs to rely on markets where possible, because there’s a limit to how much the government can effectively micromanage the economy. Yet at the same time as flexibility is required, so too is continuity of commitment. Over 30 years, we can expect a lot of political shifts and changes in government. How do we ensure that these do not undermine progress?

The needs for flexibility and commitment are at cross-purposes. To be flexible, we want to keep lots of options open and avoid big investments that will lock us into pathways that might turn out to be suboptimal. But those strategies also make it easier to give up the fight later. To maintain commitment, we would like to make big upfront investments that will drive downstream actions, thereby sacrificing flexibility. We need to somehow negotiate these tradeoffs.

There’s no easy answer to this problem, but I have two suggestions. The first is to emphasize pathways that lead to lower prices, so that market forces will keep up the pressure for change even when political will flags. This has been a successful strategy for wind and solar, where regulatory pressures and funding for innovation have cut prices to the point where the economics are favoring renewables. The second is to try to shift the political balance of power by moving the economy and jobs toward industries with a stake in decarbonization, most obviously renewable energy but also increasingly the auto industry and utilities.

Deep Decarbonization surely won’t be the last effort to model the U.S. energy transition and the necessary regulatory measures. But it’s an important first step – and as they say, every journey of a thousand miles begins with a single step.

Showing 2,817 results

Daniel Farber | May 22, 2019

Achieving an 80 Percent Emissions Cut by 2050

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 […]

James Goodwin | May 22, 2019

EPA’s Partial Retreat on Cost-Benefit Analysis

In a memo sent last week but just now released, EPA Administrator Andrew Wheeler backtracked a bit on one of the administration's initiatives to undercut sensible safeguards. His May 13 memo abandons the agency's push last year to establish uniform standards for bending agency decision making in favor of cost-benefit analysis, regardless of statutory directives, and […]

James Goodwin | May 20, 2019

CPR Member Scholars Figure Prominently in this Year’s Duke Administrative Law Symposium

The annual Duke Law Journal Administrative Law Symposium has long served as one of the most prestigious fora for cutting-edge administrative law scholarship. This year's event, which featured the leadership and contributions of six CPR Member Scholars, was no exception. Each symposium is built around a theme, and this year's topic was "Deregulatory Games," which […]

Brian Gumm | May 16, 2019

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

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.

Katie Tracy | May 16, 2019

Here’s How OSHA Can Improve Its Handling of OSH Act Whistleblower Cases

The Occupational Safety and Health Act (OSH Act) guarantees workers the right to speak up about health and safety concerns in the workplace without reprisal. Specifically, Section 11(c) of the law provides workers the express right to report any subsequent employer retaliation against whistleblowers, such as demotion or firing, to the Occupational Safety and Health […]

Alejandro Camacho | May 8, 2019

What President Trump’s Infrastructure Agenda Gets Wrong

Originally published in The Regulatory Review. Reprinted with permission. At the outset of the Trump Administration, policymakers of all stripes hoped infrastructure might be an issue on which Congress and the President could reach bipartisan agreement. President Donald J. Trump stressed infrastructure needs during and after the 2016 election, and members of Congress from both parties […]

Robert Verchick | May 7, 2019

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

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 […]

Daniel Farber | May 6, 2019

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

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 […]

Daniel Farber | April 30, 2019

Good News from the States: April 2019 Round-up

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 […]