A key report on the Gold King Mine disaster, which poisoned drinking water for three states and the Navajo Nation, is now being questioned by congressional committee and subcommittee chairmen.

 

New evidence may “contradict” Environmental Protection Agency Administrator (EPA) Gina McCarthy’s “repeated assertions” to the Senate Committee on Environment and Public Works (EPW) “that EPA had reviewed only a [Department of the Interior] press release and had no role in DOI’s independent review” of the Gold King Mine blowout, according to a Wednesday letter to McCarthy.

 

“Please clarify … that DOI did not have a conflict of interest, that its review would be independent and that EPA officials had no involvement in DOI’s review,” committee Chairman Jim Inhofe and Superfund, Waste Management and Regulatory Oversight Subcommittee Chairman M. Michael Rounds wrote.

 

The DOI report detailed that the EPA-caused Gold King Mine spill, which sent three million gallons of wastewater into Colorado’s Animas River, was preventable. The report stated, however, events at the site before and after the incident were beyond the investigation’s scope – even though such details were sought by the EPW committee.

 

The report describes coordination between the EPA and DOI’s Bureau of Reclamation, which raises “further questions about the apparent conflict of interest and lack of independence,” the Republican chairmen wrote.

 

The Republicans also noted that their committee obtained documents that showed “extensive coordination” between the two agencies for several years “concerning legal responsibility and options for cleaning up contamination from abandoned mine sites … including the Gold King Mine and the nearby Red and Bonita and Sunnyside mines, the closure of which may have contributed to conditions that led to the Gold King blowout.”

 

McCarthy told the committee that the EPA wasn’t involved in reviewing a draft of the Gold King Mine report.

 

“It now appears that EPA officials were in fact involved in reviewing and providing input to DOI related to its investigation,” Inhofe and Rounds wrote. “It appears a senior EPA official received a copy of the draft … on Aug. 18, 2015 and told a BOR official ‘it looks good to me, and I will share up my management chain.’”

 

The chairmen also requested communications between EPA, DOI and the Army Corps of Engineers, which reviewed the Gold King Mine report.

 

Inhofe: Why the Paris Climate Agreement Won't Work

Washington Exminer

Monday January 25, 2016

Premised on a heavy dose of international peer pressure, the final Paris Agreement reached last December includes a combination of both binding and non-binding provisions. The agreement is meant to shame countries into complying with self-proscribed greenhouse gas (GHG) reduction targets. While the Obama administration continues to insist that this time around, the climate agreement really is historic, the reality is that the final Paris agreement will be no more significant to the United States than was the Kyoto Protocol.

Despite the administration's best efforts, the Paris agreement has no means of enforcement, sustainability or legal significance without approval from the U.S. Senate. And so, with no democratic legitimacy, this agreement should not be viewed as the policy of the United States, but rather a perpetuation of the president's climate legacy that Congress and the American people consistently reject. International representatives have been duly warned that promises made through sole-executive agreements only last as long as the president who made them.

President Obama can sign the Paris Agreement if he pleases — and he likely will on April 22, which is not only Paris Ratification Day, but also Earth Day. However, he knows as well as anyone that his signature is a moot point without the Senate's consideration. President Clinton made the same attempt in 1998 by signing the Kyoto Protocol. Clinton then failed to submit it to the Senate for advice and consent, and so his signature was set aside in 2001, solidifying the United States' official rejection of the agreement.

And yet, despite what is ultimately a meaningless signature on behalf of Obama, COP-21 attendees will spare no expense to ensure that the signing ceremony is a high-profile spectacle befitting such a self-proclaimed momentous agreement. But regardless of the anticipated "historic" headlines, the agreement provides nothing "historic" from other countries; in fact, it ensures the status quo.

Just looking at the effective outcome of the Kyoto Protocol reveals as much. The most recent United Nations Framework Convention on Climate Change report on compliance acknowledges that of the 37 counties that became legally bound to the Kyoto Protocol's greenhouse gas reduction targets, nearly half failed to meet them. Even the host country, Japan, has substantially increased its emissions since signing onto the Protocol. To date, not a single sanction has been administrated against any country for noncompliance.

With casual disregard for legally binding targets set out in the Kyoto Protocol and no resulting sanctions, it is disingenuous to suggest that this year's agreement — contingent on voluntary actions from 196 countries — will be any more successful.

Some countries are already hedging against the Paris agreement. Two days after the COP-21 negotiations wrapped up, Greenland announced a plan for opting out, because "a deal that accommodated the interests and positions of indigenous peoples ... wasn't achieved in full."

Three days after, India announced its plan to more than double coal output to 1.5 billion tons through 2020 because "coal provides the cheapest energy for rapid industrialization that would lift millions out of poverty.

Then there is China, the world's largest carbon dioxide emitter and a key climate ally of the Obama administration. China's concurrence to the Paris agreement solidifies its plans to avoid taking emission reduction actions for at least the next 15 years. There is no doubt that additional countries will find ways to circumvent the voluntary compliance mechanism set up by the Paris agreement and brush off the consequences of whatever international peer pressure may result.

Still, Obama marches onward, heralding his EPA's so-called Clean Power Plan as the climate savior for which we've been waiting. But the truth is that even with the Clean Power Plan, the president won't be able to meet his current climate pledge to reduce emissions 26 percent to 28 percent by 2025, much less make promises about any future commitments.

More alarming, however, is the president's willingness to gamble away the United States' economic security. The Clean Power Plan will increase the price of electricity, reduce investment and ship U.S. jobs overseas — not to mention that the plan is afflicted by acute legal vulnerabilities. Close to 150 entities, including 27 of the 47 states covered by the plan, are challenging the rule in court.

Congress too has rejected the president's unauthorized regulatory approach. In December, a bipartisan majority in the U.S. Senate and House of Representatives passed two Congressional Review Act resolutions formally disproving Obama's climate regulations, reaffirming the lawlessness of the rules and once again illustrating that there is no appetite for federally mandated carbon controls in this country.

It makes sense that in the face of clear domestic opposition to his climate agenda, President Obama has turned to unelected international bureaucrats for support. But the rhetorical praise will be short-lived.

When it comes to the Paris agreement, the Senate's role in this matter does not exist at President Obama's prerogative; it is derived from the Constitution. If President Obama is truly looking for a historic achievement, he would be seeking out Senate involvement instead of attempting to find ways around it.

Irrigation Leader: Reforming the ESA

Wednesday January 20, 2016

By Senator James Inhofe Over 40 years ago, the well-intentioned Endangered Species Act (ESA) was signed into law to provide for the conservation of species and the ecosystems on which these species depend. Since then, the ESA has been hijacked by environmentalists intent on abusing this legislation to pursue their own agendas.

In 2011, the U.S. Fish and Wildlife Service (FWS) engaged in closed-door settlements after being sued by environmental groups over which species would be listed. These sue-and-settle tactics, a hallmark of the Obama administration, eventually lead to clandestine meetings and an agreement whereby FWS would consider, and ultimately list, hundreds more species at the direction of these groups.

Despite repeated requests from Congress, FWS has failed to provide documentation of this surreptitious activity, leaving us to speculate about collusion between environmental groups and the Obama administration. FWS continually touts the importance of science and data-based decisionmaking, but these settlements raise the question of who drives ESA listings and what the basis for those decisions are.

The administration likes to tout that it has delisted more species than any other administration, but it conveniently fails to acknowledge that the species recovery rate hovers at a mere 2 percent. The administration glosses over the minor detail that while 12 species have been delisted, hundreds more have been listed and hundreds more remain to be considered. That is the principal problem. And yet, the federal government still manages to spend billions of dollars each year on what it claims is species conservation.

It’s clear that the ESA isn’t failing because of a lack of money; it is failing because the budget is not being used for recovery. With no choice but to focus resources on listing species, as a result of lawsuits from Reforming the ESA crony environmentalists only interested in maximizing their bottom line, FWS is unable to focus resources on conservation.

These lawsuits also force FWS to designate habitats for species in a way that serves environmental groups, when really, habitats should be designated based on a comprehensive understanding of the species and its surroundings. The ESA has become nothing more than an ATM for environmental groups. The president’s notorious and ongoing disregard for sound science and a preoccupation with activist groups means that groups are able to profit handsomely from these sue-and-settle victories through enhanced fundraising activities.

Last fall, a federal district judge held that FWS failed to fully evaluate ongoing conservation methods in its decision to delist the lesser prairie chicken. A few weeks later, when FWS announced that it would not list the greater sage grouse, the administration was quick to use the grouse as an example of the ESA in action. And yet that couldn’t be further from the truth, because the federal government retained control of the species’ habitat.

Activist groups are clearly in control and not just in the way species are delisted. In Oklahoma, the American 10 Irrigation Leader burying beetle was listed as endangered in 1989 but in the decades since, the insect’s population has rebounded greatly. FWS, however, has been glacially slow to consider removing it from the list of protected species. The continued listing of the beetle is having real-world effects, unnecessarily driving up costs for businesses and development projects.

These problems highlight the need for increased state and local efforts and decreased federal efforts in order to achieve meaningful results. Not only has local involvement been shown to increase the effectiveness of species recovery, but it is beneficial to local economies. Local involvement has been limited, however, because the president is less concerned with how policies affect individuals in rural states like Oklahoma than he is with the stance of groups that have the resources to sway elections.

The president’s complicit participation in sue-andsettle tactics have given the administration the ability to cede any and all scientific responsibility by allowing the FWS agenda to be dictated by environmentalists and the courts. The FWS agenda and the implementation of the ESA should instead be determined by responsible policymaking based on sound science and by experts at the state and local level.

FWS Director Dan Ashe understands that the ESA must be reformed through legislation, and he is ready to work together with Congress to do so. In my role as chairman of the Environment and Public Works Committee, I look forward to working to reforming the ESA with bipartisan legislative proposals that benefit states while clarifying the act’s original focus and achieving real results.

Senator James M. Inhofe (R-OK) is the chairman of the Senate Committee on Environment and Public Works, which has oversight jurisdiction of the U.S. Environmental Protection Agency. He has represented the state of Oklahoma for 21 years and Oklahoma’s 1st congressional district for 8 years. He also served in Oklahoma’s state house and senate from 1967 to 1977. Prior to his public service, Senator Inhofe was a businessman for 30 years. He is also a proud Army veteran.

Inhofe: Beware of Empty Climate Promises

CNN

Monday November 30, 2015

(CNN) - Throughout President Barack Obama's participation in the United Nations Framework Convention on Climate Change Conference of the Parties, known as COP21, international partners should be aware that his commitments stand on hollow ground. The President not only lacks support from his own country, but he has no way to follow through on any of his promises.

In the President's efforts to finalize domestic plans to reduce carbon dioxide emissions and greenhouse gases, he has deliberately ignored concerns of environmentalists, states, job creators, U.S. courts and Congress.

On March 31, Obama submitted an Intended Nationally Determined Contribution to the United Nations that would commit the United States to reaching a 26% to 28% reduction in greenhouse gas emissions by 2025. This goal is problematic, however, as it is largely based on carbon dioxide reductions from the U.S. Environmental Protection Agency's so-called Clean Power Plan -- an unachievable plan for reducing emissions from power plants.

In addition to implementation uncertainties, the power plan faces lawsuits from 27 states, 24 national trade associations, 37 rural electric cooperatives, 10 major companies and labor unions representing 878,000 members. But this is no surprise to the administration.

In early 2015, buried in the administration's budget request for the EPA, was a request for $3.5 million to hire at least 20 new attorneys within EPA. The request was literally to help defend against anticipated lawsuits concerning the agency's Clean Power Plan.

In fact, the Obama administration requested that the D.C. Circuit Court of Appeals withhold rulings on the lawsuits facing the Clean Power Plan until after the COP21 has concluded.

The Clean Power Plan faces opposition in Congress as well. In November, a bipartisan majority of the U.S. Senate voted to disapprove of the administration's carbon dioxide regulations, which included the Clean Power Plan. The U.S. House is scheduled to follow suit this week. The EPA administrator has even testified before Congress that the Clean Power Plan will have negligible environmental benefits and that it is less about pollution control and more about sending a signal to the world that the U.S. is serious about addressing climate concerns. 

The administration has repeatedly refused to explain what constitutes the 26% to 28% reduction in greenhouse gases, leaving stakeholders, Congress and the American people to speculate about what its intentions are.

Even environmentalists are skeptical. In testimony before the Senate Environment and Public Works Committee, David Bookbinder, the former chief climate counsel for the Sierra Club, concluded that such a reduction in emissions is not achievable. At the same hearing, the World Resources Institute admitted that additional actions will have to occur to meet the targets.

And yet none of these concerns has deterred the administration from trying to commit the United States to an agreement at the COP21. Obama has been candid that these environmental regulations are just an extension of his personal climate legacy.

Other countries have submitted their own hollow commitments to the U.N. as well. Russia based its emissions reduction goals on outdated numbers that allow the country to increase its emissions over the next decade. China, the world's biggest carbon dioxide emitter, which accounts for 30% of the world's emissions now and 50% of estimated growth by 2030, will only commit to emissions peaking about 15 years from now -- and won't even say what that peak will be. India's willingness to reduce greenhouse gas emissions is contingent on developed countries' funding.  According to India, all it needs is about $2.5 trillion for its plan, with an off-ramp in the event it interferes with economic growth. 

Basic requirements, such as measuring, verifying, and reporting a country's emissions, are also a problem. The Chinese government was recently exposed as having underreported the amount of coal it burns and failing to account for more than a billion tons of carbon dioxide.

These realities are a mere reflection of the fact that -- diplomatic rhetoric aside -- no nation will ever prioritize emission reduction promises over poverty eradication and economic growth. Why should the United States be any different?  The American people do not support the President's climate agenda, which would make everyday life exceptionally challenging and more expensive.

As the courts and Congress dismantle Obama's domestic plan, he will be limited in producing anything substantive internationally. Some foreign leaders are strongly urging Obama to keep Congress out of considering any commitment reached at the COP21.  However, should he heed that advice, he will be left with a nonbinding political commitment and no means of enforcement, accountability or longevity.

As concerns of legitimate international security threats increase, it is emphatically frivolous for the President and other world leaders to spend their time making hollow promises they do not intend to keep.

Why the Paris Climate Deal is Meaningless

Politico

Sunday November 29, 2015

Negotiators from around the world gather in Paris this week to finalize an international climate change agreement, capping a years-long process on which hopes have been riding for global action to limit greenhouse-gas emissions. When those demanding U.S. action speak of the need to show “leadership” and foster international progress, they speak of building momentum toward Paris.

“This year, in Paris, has to be the year that the world finally reaches an agreement to protect the one planet that we’ve got while we still can,” said U.S. President Barack Obama on his recent trip to Alaska. Miguel Cañete, the EU’s chief negotiator, has warned there is “no Plan B — nothing to follow. This is not just ongoing UN discussions. Paris is final.”

But the more seriously you take the need to reduce greenhouse-gas emissions, the angrier you should be about the plan for Paris. With so much political capital and so many legacies staked to achieving an “agreement” — any agreement — negotiators have opted to pursue one worth less than…well, certainly less than the cost of a two-week summit in a glamorous European capital.

* * * 

Climate talks are complex and opaque, operating with their own language and process, so it’s important to cut through the terminology and look at what is actually under discussion. Conventional wisdom holds that negotiators are hashing out a fair allocation of the deep emissions cuts all countries would need to make to limit warming. That image bears little resemblance to reality.

In fact, emissions reductions are barely on the table at all. Instead, the talks are rigged to ensure an agreement is reached regardless of how little action countries plan to take. The developing world, projected to account for four-fifths of all carbon-dioxide emissions this century, will earn applause for what amounts to a promise to stay on their pre-existing trajectory of emissions-intensive growth.

Here’s how the game works: The negotiating framework established at a 2014conference in Lima, Peru, requires each country to submit a plan to reduce greenhouse-gas emissions, called an “Intended Nationally Determined Contribution” (INDC). Each submission is at the discretion of the individual country; there is no objective standard it must meet or emissions reduction it must achieve.

Beyond that, it’s nearly impossible even to evaluate or compare them. Developing countries actually blocked a requirement that the plans use a common format and metrics, so an INDC need not even mention emissions levels. Or a country can propose to reduce emissions off a self-defined “business-as-usual” trajectory, essentially deciding how much it wants to emit and then declaring it an “improvement” from the alternative. To prevent such submissions from being challenged, a group of developing countries led by China and India has rejected“any obligatory review mechanism for increasing individual efforts of developing countries.” And lest pressure nevertheless build on the intransigent, no developing country except Mexico submitted an INDC by the initial deadline of March 31 — and most either submitted no plan or submitted one only as the final September 30 cut-off approached.

After all this, the final submissions are not enforceable, and carry no consequences beyond “shame” for noncompliance — a fact bizarrely taken for granted by all involved.

* * * 

Perhaps not surprisingly, the submitted plans are even less impressive than the process that produced them. In aggregate, the promised emissions reductions will barely affect anticipated warming. A variety of inaccurate, apples-to-orangescomparisons have strained to show significant progress. But MIT’s Joint Program on the Science and Policy of Global Change calculates the improvement by century’s end to be only 0.2 degrees Celsius. Comparing projected emissions to the baseline established by the UN’s Intergovernmental Panel on Climate Change back in 2000 shows no improvement at all.

The lack of progress becomes even more apparent at the country level. China, for its part, offered to reach peak carbon-dioxide emissions “around 2030” while reducing emissions per unit of GDP by 60-65 percent by that time from its 2005 level. But the U.S. government’s Lawrence Berkeley National Laboratory had already predicted China’s emissions would peak around 2030 even without the climate plan. And a Bloomberg analysis found that China’s 60-65 percent target isless ambitious than the level it would reach by continuing with business as usual. All this came before the country admitted it was burning 17 percent more coalthan previously estimated—an entire Germany worth of extra emissions each year.

It would obviously be irresponsible for an outgoing president to purport to sign the American people up to international commitments based on a domestic energy plan that is likely illegal, that half the states have sued to halt, that Congress has voted to reject and that his successor could do away with in a few months’ time.

But that’s just what President Obama is proposing to do at a U.N. climate conference in Paris starting Monday. The president’s international negotiating partners at that conference should proceed with caution before entering into an unattainable deal with this administration, because commitments the president makes there would rest on a house of cards of his own making.

It’s worth remembering how we got here.

President Obama assumed office with smashing majorities in both houses of Congress. Democrats used the opportunity to pass one left-wing policy after the next. But even with the left at its generational zenith, the president could not persuade his party to pass an anti-middle class energy tax that would have punished the poor and shipped more American jobs overseas.

This frustrated Obama. When the American people voted to strip his party of congressional control, he was frustrated further. So he decided to impose a similarly regressive energy policy, his so-called Clean Power Plan , by executive fiat. Obama’s Harvard Law School mentor, Professor Laurence Tribe, has likened this to “burning the Constitution.”

While the president has tried his best to dress this ideological attack on the middle class as “climate policy,” in reality it could increase emissions by offshoring American manufacturing to countries that lack our environmental standards.

What his power plan will do is unfairly punish Americans who can least afford it. It could result in the elimination of as many as a quarter of a million U.S. jobs. It could raise energy costs in more than 40 states, with double-digit increases in states such as my home state of Kentucky.

Predictably, the president’s attack on the middle class — one that won’t even meaningfully affect global carbon emissions — has received loud applause from wealthy left-wingers who just want to pat themselves on the back for “doing something.” Lost jobs or higher energy bills may be a mere trifle for some on the left, but it’s a different story for a senior citizen on a fixed income or for a working mom who struggles paycheck to paycheck.

That bipartisan opposition in Congress remains even if Obama tries to veto the legislation we passed. So it wouldn’t make much sense to ask Congress to allocate resources for global commitments predicated on a plan the president went around Congress to impose — nor would it make sense for Obama to try to make those commitments in the first place.

Let’s not forget that just a few months ago the administration unveiled what it hailed as a landmark carbon-reduction deal with China. The deal bound the hands of American workers without asking much of China in return. It turns out China cheated and underreported its annual coal consumption by 600 million tons, a single revision equivalent to 70 percent of the coal used in our country in a year.

Just think about the scale of that for a moment.

It’s unclear what the president hopes to achieve at this U.N. conference, given that Secretary of State John F. Kerry recently said that there are “not going to be legally binding reduction targets” and that large countries including Japan have echoed the sentiment. But this much is clear. We know that the president is concerned with his legacy, and we know that he often prioritizes symbolism over substance. If Obama thinks it’s okay to push a power plan that threatens working families for the benefit of, at best, a carbon rounding error, then he should say so.

But Congress and more than half of the states have already made clear that he won’t be speaking for us. The courts will also continue working to determine if this power plan is legal.

These are things we will all keep in mind as the U.N. conference commences.

Barrasso: Congress Can Cool Off Obama’s Climate Plans

Wall Street Journal

Tuesday November 24, 2015

When the U.N. climate-change talks convene in Paris next week, the risks will be high for American taxpayers. President Obama wants a climate deal and is willing to pay dearly to get it. The inevitable outcome is a plan with unproven benefits and unreachable goals, but very real costs. It will be up to Congress to check the president’s ambition of committing the U.S. to an international green scheme that will produce little or no return.

The ostensible goal of the Paris talks (Nov. 30-Dec. 11) is to convince countries to commit to enacting laws that reduce carbon emissions. That fits President Obama’s vision of a world without fossil fuels such as coal, oil and natural gas. The American people oppose these policies, but the president has shown himself determined to circumvent Congress.

The Obama administration has already imposed burdensome regulations—for instance, the sprawling Clean Power Plan aimed at wiping out the coal industry—that will raise the cost of energy and put hundreds of thousands of Americans out of work. Now the president wants his negotiators to use these international climate talks to pile on more restrictions.

Editorial Board Member Joe Rago on why the November confab is likely to fail, and why developed countries have better solutions to limit greenhouse gas emissions. Photo credit: Getty Images.

This pact is as unnecessary as it will be damaging. America’s share of world-wide greenhouse-gas emissions has been declining for more than a decade, to 13% today from 24% in 2000. China pumps out 23% of the world’s emissions. Emissions from India, which account for 6%, are expected to triple between 2010 and 2030.

In an agreement with China, President Obama has already pledged to reduce America’s net greenhouse-gas emissions by more than 25% by 2025. In return, China has agreed to “peak” its carbon-dioxide emissions in 2030. In other words, the U.S. will have to make drastic emissions reductions immediately, while China is allowed to carry on for the next 15 years.

Todd Stern, the chief American negotiator heading to Paris, has tried to justify the disconnect. Mr. Stern recently told the Senate that developing countries need to be allowed to keep emitting so that their economies can continue to grow by 8%-9% a year. “If you’re an economy which is growing at eight or nine percent a year because that’s the stage of development you’re in,” he testified, “it’s pretty hard to say you’re supposed to slam on the brakes and go negative overnight.”

Why should the U.S. accept a plan—and pay to grease the deal—that keeps its economy stuck at 2% growth while American taxpayers subsidize other countries’ economies growing at 9%?

Almost as bad is that President Obama will likely pledge $3 billion of taxpayers’ money to the U.N.’s Green Climate Fund. Developing nations are eager to accept this cash, which in theory they will use to address the effects of extreme weather. It seems more likely that the money will end up in the pockets of government officials in Africa, Asia and elsewhere.

If President Obama and the experts in Paris want to help the developing world, they should focus on things that actually will do good, rather than those that will make the negotiators feel good. They could start by helping these countries tap their own energy resources. Building power plants would do more to lift people out of poverty than the Green Climate Fund ever will.

The envoys in Paris should understand: Congress does not support the president’s $3 billion promise. Earlier this year Mr. Obama requested in his budget the first $500 million installment. That budget was voted down 98-1. Congress should continue to reject this spending and insist that any agreement reached in Paris be subject to Senate approval—regardless of whether or not the administration formally calls it a treaty.

Whatever comes of the Paris talks, there is reason to be wary. We’ve seen the Obama administration’s negotiating skills. Anyone who watched the Iran nuclear agreement play out has good reason to be nervous about the concessions this administration will make in closed-door negotiations.

Consider that Russian President Vladimir Putin has reportedly bankrolled environmental causes in Europe to stop fossil-fuel exploration. It is a cynical ploy to stifle competition so that he can continue to hold Europe hostage to Russian energy exports. Yet President Obama seems to be playing into Mr. Putin’s plans.

Other countries will gladly support a deal that transfers money to them while weakening the U.S. They are sure to praise President Obama’s “leadership” in the process. The question is whether the American people—and Congress—will allow such a deal to slip by, or whether they will stand up and be heard.

Financial Times: States Warn US Climate Plan Is Illegal

Financial Times

Tuesday November 24, 2015

State officials in West Virginia and Texas are sending a letter to the governments of China, India and other countries, arguing that US President Barack Obama’s plan to cut greenhouse gas emissions is unlawful and likely to be struck down in court.

In an intervention aimed at the international climate talks that begin in Paris next Monday, the attorneys-general of the two states warn that there are “significant legal limits [on Mr Obama’s] ability either to carry out the promises he has made in advance of Paris 2015 or to enforce any agreement arising out of the summit.”

The letter is addressed to John Kerry, the US secretary of state, but is also being circulated to ministers from large economies that will be key participants in the Paris talks.

The attorneys-general argue that Mr Kerry has a duty to tell other countries that “the centrepiece of the president’s domestic [carbon dioxide emissions] reduction program is being challenged in court by a majority of states and will likely be struck down.”

The letter highlights the difficulties the US administration will face in the Paris negotiations because of the general opposition to action on climate change among the Republican party, which controls Congress and over half the state governments.

West Virginia and Texas are leading the legal action, now joined by 27 states, against the Obama administration’s Clean Power Plan, its most significant climate policy.

The centrepiece of the president’s domestic [carbon dioxide emissions] reduction program is being challenged in court by a majority of states and will likely be struck down

- Attorneys-general of West Virginia and Texas

The plan, intended to cut carbon dioxide emissions from electricity generation by 32 per cent from 2005 levels by 2030, sets targets that encourage greater investment in renewable power and energy efficiency.

Texas is the largest oil-producing state in the US, while West Virginia is the second-largest coal producer, after Wyoming.

The states argue that the plan, drawn up by the Environmental Protection Agency using the legal authority of the Clean Air Act, overreaches by seeking to control energy policy, not just environmental issues, and by trying to supersede the authority of the states.

The attorneys-general also point out in their letter that if the administration were to sign a legally binding treaty in Paris, it would have to be ratified by a two-thirds vote of the US Senate, which would be impossible given its current Republican majority.

Mr Kerry has already argued that the talks will not result in a “legally binding” treaty, although François Hollande, France’s president, responded by saying: “If the agreement is not legally binding, there won’t be an agreement”.

The US is expected to sign up to an accord with an “executive agreement” that would not need to be approved by the Senate.

The attorneys-general write that they believe such a move would be “clearly unlawful”, because Mr Obama has no prior authorisation from Congress or existing treaty to build on, and would be exceeding his executive powers under the US constitution.

Gambling the World Economy on Climate

Wall Street Journal

Tuesday November 17, 2015

The United Nations climate conference in Paris starting Nov. 30 will get under way when most minds in the French capital will still understandably be on the recent terror attacks. But for many of the 40,000 attendees, the goal is to ensure that climate change stays on the global economic agenda for the next 15 years.

The Paris conference is the culmination of many such gatherings and is expected to produce agreements on combating climate change. President Obama and the dozens of other world leaders planning to be in Paris should think carefully about the economic impact—in particular the staggering costs—of the measures they are contemplating.

The U.N.’s climate chief, Christiana Figueres, says openly that the aim of the talks is “to change the economic development model that has been reigning for at least 150 years, since the industrial revolution.” That outlook will be welcome among attendees like the delegation from Bolivia. That country’s official material submitted for the talks proposes a “lasting solution” for climate change: “We must destroy capitalism.”

Editorial Board Member Joe Rago on why the November confab is likely to fail, and why developed countries have better solutions to limit greenhouse gas emissions. Photo credit: Getty Images.

Perhaps capitalism as “a system of death” is a minority view, but the agreements coming out of Paris are likely to see countries that have flourished with capitalism willingly compromising their future prosperity in the name of climate change. But before ditching that economic model, it’s worth considering how much progress it has brought.

For one, life expectancy in the past 150 years has more than doubled, to 71 years in 2013 from fewer than 30 years in 1870. Meanwhile, billions of people have risen out of poverty. One and a half centuries ago, more than 75% of the world’s population lived in extreme poverty, consuming less than $1 a day, in 1985 money. This year the World Bank expectsextreme poverty to fall below 10% for the first time in history.

It is telling that U.N. officials provide no estimated costs for an economic transformation. But one can make an unofficial tally by adding up the costs of Paris promises for 2016-30 submitted by the U.S., European Union, Mexico and China, which together account for about 80% of the globe’s pledged emissions reductions.

There is no official cost estimate for Mr. Obama’s promise to cut U.S. greenhouse gas emissions 26%-28% below 2005 levels by 2025. However, the peer-reviewed Stanford Energy Modeling Forum has run more than a hundred scenarios for greenhouse-gas reductions and the costs to gross domestic product. Taking this data and performing a regression analysis across the reductions shows that hitting the 26%-28% target would reduce GDP between $154 billion and $172 billion annually.

The EU says it will cut emissions 40% below 1990 levels by 2030. Again, there is no official estimate of the cost given, which is extraordinary. The data from the Stanford Energy Modeling Forum suggests hitting that target would reduce the EU’s GDP by 1.6% in 2030, or €287 billion in 2010 money.

Mexico has put into place the strongest climate legislation of any developing country, conditionally promising to cut greenhouse-gas and black-carbon emissions by 40% below the current trend line by 2030. The Mexican government estimates that cutting emissions in half by 2050 will cost between $6 billion and $33 billion in 2005 money, but that is many times too low. Peer-reviewed literature, supported by the U.S. Environmental Protection Agency and the EU, suggests that by 2030 the cost would already reach 4.5% of GDP, or $80 billion in 2005 money.

China has promised by 2030 to reduce its carbon-dioxide emissions, per unit of GDP, to at least 60% below 2005. Using the data from the Asia Modeling Exercise we find that hitting this target will cost at least $200 billion a year.

So in total, the Paris promises of the EU, Mexico, U.S. and China will diminish the economy at least $730 billion a year by 2030—and that is in an ideal world, where politicians consistently reduce emissions in the most effective ways.

Experience tells us that won’t happen. For instance, policy makers could have chipped away at emissions efficiently with modest taxes on carbon, or by switching electrical generation to natural gas. Instead many countries, including the U.S. and those in the EU, have poured money into phenomenally inefficient subsidies for solar and biofuels, which politicians go for like catnip. The EU’s 20/20 climate policy—the goal, embarked upon in 2010, to cut emissions 20% from 1990 levels by 2020—is the clearest example of such gross inefficiency.

A 2009 study of the targets, published in Energy Economics, estimated that “inefficiencies in policy lead to a cost that is 100-125% too high.” It’s likely that in the future even more money will be wasted propping up green energy that is both unaffordable and inefficient.

Another 127 nations have made promises for Paris that increase the total emissions cuts by one-fourth. The cuts on the table in Paris, then, will leave the global economy, in rough terms, $1 trillion short every year for the rest of the century—and that’s if the politicians do everything right. If not, the real cost could double.

All of these high-flown promises will fail to accomplish anything substantial to rein in climate change. At best, the emissions cuts pledged in Paris will prevent a total temperature rise by 2100 of only 0.306 degrees Fahrenheit, according to a peer-reviewed study I recently published in Global Policy.

If nations formalize their planned carbon cuts in Paris and then stick to them, Ms. Figueres’s economic transformation will indeed happen: But it won’t be a transformation to be proud of.

Mr. Lomborg, president of the Copenhagen Consensus Center, is the author of “The Skeptical Environmentalist” (Cambridge Press, 2001) and “Cool It” (Knopf, 2007).

Senate tees up votes against Obama’s climate rules

The Hill

Monday November 16, 2015

The Senate will vote as early as this week to block President Obama’s climate change rules for power plants.

Senate Majority Leader Mitch McConnell (R-Ky.) announced Monday that the resolutions, one of which he sponsors, were placed on the Senate floor calendar, lining up a vote soon.

The resolutions are written under the Congressional Review Act, a rarely-used law that gives Congress a streamlined process for blocking regulations.

The legislation only requires a simple majority vote, which would fulfill one of McConnell’s top priorities and promised to his constituents: to block the rules, which are due to hit the coal industry especially hard.

“These regulations make it clearer than ever that the president and his administration have gone too far, and that Congress should act to stop this regulatory assault,” McConnell said in a statement.

“Here’s what is lost in this administration’s crusade for ideological purity: the livelihoods of our coal miners and their families. Folks who haven’t done anything to deserve a ‘war’ being declared upon them.”

The regulations were made final in August by the Environmental Protection Agency, and are the main pillar of Obama’s second-term push against climate change.

The most contentious rule, the Clean Power Plan, mandates a 32 percent cut in the carbon dioxide output of the existing power plant sector. The second rule, which has a different resolution in the Senate, sets hard limits for the carbon output of new coal- and gas-fired power plants.

‘The administration bypassed Congress entirely when it developed this rule, and these resolutions of disapproval will give senators an opportunity to approve or disapprove of these far-reaching regulations,” Sen. Shelley Moore Capito (R-W.Va.), who sponsored the resolution for the existing-plant rule, said in a statement.

Sen. Heidi Heitkamp (D-N.D.) is also sponsoring Capito’s legislation, and Sen. Joe Manchin (D-W.Va.) is sponsoring McConnell’s.

The House Energy and Commerce Committee is planning this week to vote on the House versions of both resolutions.

Obama would need to sign the resolutions for them to take effect, which he has made clear he would not do.

States and energy industry interests have sued the Obama administration in federal court to stop both regulations.