Smoke stacks from Saint Mary's Paper Mill. Credit: Billy Wilson.

If the DC circuit court rules against the Obama administration, it is likely to do so on narrow and technical grounds.

The legal prospects for the Clean Power Plan are muddled but about to become a whole lot sharper.
↩︎ Climate Advisers
Sep 28, 2016

Stockholm Syndrome

The Clean Power Plan is central, but not essential, to the United States' role in global climate action. Obama's success in climate climate diplomacy is notable; whether he earned the Nobel Peace Prize when he won it or not, he probably has now. His leadership abroad was by all accounts integral to the international passage of the Paris Agreement, and in 2016 he threw the country's weight squarely behind bilateral deals that brought China and India towards joining as well.

The Paris Agreement is a framework for moving ahead global action on climate change. Once it is ratified by an international quorum, all 191 signatories to the Agreement become party to its rules, which include mandated emissions cuts by each state. It's up to the country to say how it will achieve those emissions reductions, and the Clean Power Plan is Obama's signature policy behind America's intended contribution.

Necessary context: The Clean Power Plan is important, but it's not enough on its own to reach America's target.

Sep 28, 2016

In some places, like California, it’ll make practically no difference at all. In others, like North Dakota, it’ll be earth-shifting.

How the Clean Power Plan will affect what energy sources are used by different regions around the US.
↩︎ Inside Energy
Sep 28, 2016

Environmental Regulations Are Still Shifting Energy Use

Despite the hold put on the Clean Power Plan, Obama has been able to reduce climate pollution through other domestic instruments. That includes expanding regulation to cover trucks and planes, using existing rules to require states to reduce unhealthy pollution that is cogenerated with carbon dioxide at coal plants, and withholding funding from states that don't comply.

The stay also didn't prevent the EPA from helping some states form carbon cap-and-trade style markets and defining a social cost of carbon that guides how government projects are evaluated.

Sep 28, 2016

The Ghost of Antonin Scalia

The legal challenge to the Clean Power Plan essentially contends that the executive branch doesn't have the power to intepret laws passed by Congress in new ways based on new information. It's a sort of specific application of legal originalism that Justice Scalia, may he rest in peace, invoked in joining four other justices in staying the Clean Power Plan last year

Environmentalists had hoped a swift resolution to Scalia's death would strengthen the Clean Power Plan against a court challenge, but his ghost continues to haunt Obama: yesterday a judge invoked a Scalia precedent that suggests Congress, not regulators, must be the source of decisions with "economy-wide" impacts. 

Sep 28, 2016
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