Hill Heat

Following the one-vote failure on Wednesday of S. Amdt 3983 to H.R. 5140, the Senate stimulus package that contained $5.6 billion in “green” incentives, various environmental organizations, including the Sierra Club, called Sen. John McCain (R-Ariz.) for missing the vote.

On Thursday, the Sierra Club asked its members to call McCain’s office to ask “why he failed to show up for a vote that could have determined the future of green energy in America.”

Today, Executive Director Carl Pope blistered the office response to member calls in a blog post entitled John McCain Should Be Ashamed.

Immediately, people begin calling and emailing me, saying, “The Senator’s office says he voted for clean energy, and that your alert is wrong.” We check. He didn’t. We call his office. Stunningly, his staff has been coached to mislead callers. “That’s not true at all,” they say, “he voted for the bill yesterday.” Well, he voted, yesterday, but for a different bill. However we phrase the question, we get a lie. “No, if he had voted for the bill, it would not have passed. That was purely procedural.” But McCain’s staff knows that if cloture had been invoked, passage of the bill would then only require 51 votes, and the bill with clean energy would have passed. [Ed.- emphasis added.]

Friends of the Earth announced today that it is expanding its web and print “Fix or Ditch” campaign with a local network and cable ad buy before the February 12 Virginia, Maryland, and DC primaries.

The campaign, which challenges Senate Democrats to change Lieberman-Warner’s emissions targets and allowance distribution provisions (S. 2191) to reflect the platforms of the presidential candidates of their party, has drawn fire from Sen. Boxer (D-Calif.) and Environmental Defense as well as a passionate letter of support from Greenpeace.

Meanwhile, American Prospect correspondent (and Tapped co-founder) Chris Mooney challenges the Democratic platforms of 100% auction and 80% reduction in emissions by 2050 in This Will Mean the World to Us (sub. req.):

Many Democratic campaigns, responding to their environmental base, are currently outlining cap-and-trade regimes featuring a highly ambitious 100 percent auction process for the initial pollution allowances or permits, with the proceeds going to other needed public policies, such as investment in the clean-energy technologies that must ultimately supplant fossil fuels. When it comes to specifying precise reductions, meanwhile, the campaigns generally seem to agree that we need something like bringing emissions back to 1990 levels by 2020 and decreasing them by 80 percent by 2050, through a cap that becomes progressively more stringent.

An 80 percent reduction by 2050 does indeed square with what scientists think would be necessary to avoid the worst climate impacts—most notably, the loss of large bodies of land-based ice currently perched atop Greenland and West Antarctica, which, upon sliding into the ocean, would drive catastrophic sea-level rise. It’s one thing to outline a policy in the abstract, however, and quite another to get it through the next Congress. As one climate policy insider says, “The environmental community has a tendency to run their leaders off a plank; that’s what they’re setting up right now with this 80 percent reduction by 2050.”

The more moderate approach of the Lieberman-Warner bill is to reduce capped emissions (and not all emissions are included) by 70 percent by 2050. Lieberman-Warner is also pragmatic in another way: It does not set up a 100 percent auction for emissions allowances, a system that major emitters oppose. They think they should be granted allowances gratis at the outset (or as climate experts say, there should be “grandfathering”). Under Lieberman-Warner, just 24 percent of allowances would be auctioned off initially, though the percentage would increase over time. It’s far easier to get buy-in from industry in this way, and although Lieberman-Warner may have a tough time passing both houses of Congress before the election (or surviving a possible presidential veto), it may be precisely the type of bill that can sail through in 2009.

What’s achievable in climate policy seems to be changing all the time, but still we mustn’t shoot the moon. Consider the perspective of Tim Profeta, current director of Duke’s Nicholas Institute, who previously served as a chief architect of the McCain-Lieberman Climate Stewardship Act, which failed by a 55-to-43 Senate vote in 2003. “As somebody who fought for a freeze of emissions in the 2003 Congress and was told it was too aggressive, it is hard for me to believe where we are now,” Profeta says. “The current movement to require 100 percent auctions and even deeper cuts faces strong political opposition from emitters, many of whom have good arguments about what is economically feasible for their companies. I fear that we might pass up the opportunity for real action now—when it is essential to have the U.S. begin to reduce its emissions—because someadvocatescontinue to shift the objectives to stricter and stricter limits as the debate proceeds.” It’s fine for Democratic candidates, at the moment, to answer the call of environmental groups—the Sierra Club, for instance, has criticized Lieberman-Warner—and present highly ambitious cap-and-trade proposals. But after the election, the new president will need to be flexible and focus on getting a workable bill passed. It can be strengthened later as more science comes in—2050 is, after all, still far away—but we must at least begin ratcheting down emissions now.

Despite opposition from environmental organizations and Democrats in Congress, the Minerals Management Service is proceeding with its scheduled sale of offshore drilling leases in the Chukchi Sea at 9 AM Alaska time (1 PM EST). FWS chief Dale Hall failed to make the February 6 deadline despite his testimony to the Senate Environment and Public Works Committee last week that he was “pushing to get there.”

A Los Angeles Times op-ed penned last weekend by MMS director Randall Luthi, The Bear Necessities, defends the lease sale, claiming that “under the Marine Mammals Protection Act, the bear currently receives regulatory protections even stricter than those available under the Endangered Species Act.” This statement ignores the critical habitat provisions of the ESA which could prevent such actions as the lease sale.

Last week MMS officials sent a cease-and-desist order to Public Employees for Environmental Responsibility, who earlier published “a series of internal e-mails from current and former Interior scientists raising troubling questions about how badly environmental assessments of Arctic offshore oil development were skewed.”

The Alaska Wilderness League plans to live-blog the sale.

Update The sale has been completed, the 488 blocks selling for a total of over $2.6 billion.

Estimated reserves include 77 trillion cubic feet of conventionally recoverable natural gas (worth about $635 billion at $8/MMBtU) and 15 billion barrels of oil ($1.5 trillion at $100/barrel).

The winning bidders:

• Shell (Netherlands, $2.1 billion)
• ConocoPhilips (US, $506 million)
• Repsol (Spain, $14.4 million)
• Eni (Italy, $8.9 million)
• StatoilHydro (Norway, $14.4 million – most Statoil & Eni bids were joint bids)

As StatoilHydro noted in its press release, “The area is considered a frontier area with no production or infrastructure as of today.”

Last Thursday, Darren Samuelson of E&E News interviewed Sen. Barbara Boxer (D-Calif.) and an NRDC representative in response to the Friends of the Earth campaign to “fix or ditch” the Lieberman-Warner cap-and-trade bill (S. 2191). In its campaign, Friends of the Earth challenged Boxer for supporting Lieberman-Warner’s high degree of emitter giveaways and subsidies and its target of 60% reductions from 1990 levels of greenhouses by 2050, although the Democratic presidential candidates are calling for 100% auction and 80% by 2050.

Sen. Barbara Boxer (D-Calif.):

Their logic doesn’t hold up. What we need to do is not waste time. If we can get a strong bill signed into law, we should get it. And if we can’t, we shouldn’t. . . . They’re sort of the defeatist group out there. They’ve been defeatists from day one. And it’s unfortunate. They’re isolated among the environmental groups.

Boxer went on to emphasize the importance of holding senators accountable on global warming through test votes.

Julia Bovey, NRDC:

We do not agree with Friends of the Earth. We are not willing to give up the fight. We believe the Lieberman-Warner bill as passed out of committee is a very strong start. That doesn’t mean there isn’t room for improvement.

NRDC had previously described the bill as “a strong start”.

Brent Blackwelder, Friends of the Earth president, responded:

Far from being defeatists, we’re being realists. We’re focusing on what the scientists tell us has to be done to solve global warming. It’s not acceptable to pass a bill that falls short of the science. It’s not acceptable to pass a bill that gives $1 trillion to polluters.

On Monday, Environmental Defense Climate & Air director Mark McLeod sent an email to several Senate offices excoriating Friends of the Earth for placing L-W and Boxer “under attack”, claiming that opposition in the “liberal blogosphere” to Lieberman-Warner or the passage of any climate bill in this session “will become orthodoxy if we do not present a counterview from respected pro-environment voices.”

He characterized Friends of the Earth as “small and fairly isolated” in contrast to ED and “many other major environmental groups” who “are in favor of moving forward to get a strong bill like Lieberman-Warner,” saying also that Friends of the Earth is calling for “unrealistic dramatic changes.”

The full text of McLeod’s email is after the jump.

Environmental group Friends of the Earth, who had endorsed John Edwards’s campaign for president, today launched an ambitious campaign criticizing the Lieberman-Warner climate bill (S. 2191) and Senate Democrats supporting it, noting that Edwards, Clinton, and Obama had all released climate plans that distinctly differ from the bill in economics and emissions targets. At Lieberman-Warner.org:

After years of ignoring global warming, the U.S. Senate is finally considering legislation to cap greenhouse gas pollution. Unfortunately, the Lieberman-Warner bill being advanced by Senate Democrats lavishes up to $1 trillion on industries responsible for global warming, and in return asks for reduction targets well below what scientists say are necessary. If this is the best Senate Democrats can do, the world is in trouble.

Friends of the Earth Action is leading the fight to either fix, or ditch, Lieberman-Warner, and we need your help.

The good news is that we already have some key allies: the Democratic presidential candidates. They all have plans that make polluters pay for emissions and that seek the carbon reductions called for by science. We think the Senate needs to build on their plans rather than the weak Lieberman-Warner bill, which is modeled on legislation by Senator John McCain.

In a Detroit News piece entitled Dingell tours show; says state-by-state emissions rules would doom carmakers, David Shepardson writes that Dingell fully supported last month’s decision by the EPA to deny the California waiver to regulate tailpipe greenhouse gas emissions.

Dingell, D-Dearborn, chairman of the House Energy and Commerce Committee, said if California got the waiver it could impose conflicting federal and state standards. The California standards could be make automobile production “so expensive that people won’t be able to buy and second of all get so difficult that the companies won’t be able to produce anyhow.”

Dingell said the California system could lead to 50 different standards. He said the EPA decision “makes good sense.”

As has been previously discussed on Hill Heat, the specter of 50 different standards is simply false. Under the Clean Air Act only California has the authority to get waivers from national standards. Other states can then follow California or the federal standards. At most there can be two different standards.

Dingell plans to introduce a climate change bill in his committee “as fast as we can” but wants to exclude the auto industry, arguing that the CAFE standards in the 2007 energy bill are sufficient regulation: “We’ve had everybody else get practically a free ride and auto industry has to come up with a 40 percent increase in fuel efficiency,” Dingell said. “We’re going to try to see that the pain is shared equally all around.”

Update: Dingell has issued a clarification of his remarks, stating that he considers CAFE standards to be a “carbon constraint” and that the CAFE standard increase “tightens the cap on automobiles by 40 percent by 2020.” Any carbon cap would entail “further reductions” that would be have to matched by “comparable contributions” by other industries.

Shepardson also reports on an interview with Margo Oge, director of the EPA’s office of transportation and air quality. She didn’t expect the agency to issue a formal written denial “until next month at the earliest.” The EPA may be trying to argue that its the EPA press release announcing the denial isn’t actually grounds for a suit to overturn the decision. She also said that the EPA “completed its draft of its own new regulations to reduce greenhouse gas emissions” but didn’t provide details.

On Monday the U.S. Fish and Wildlife Service announced it would miss today’s deadline on determining whether to list the polar bear as an endangered species due to global warming-induced polar sea ice loss. As noted in Hill Heat, last week the administration announced its intent to sell off-shore drilling rights in polar bear habitat off Alaska.

Today the Center for Biological Diversity, NRDC, and Greenpeace announced they have filed a notice of intent to sue the administration.

This would be the second lawsuit filed over FWS delays; in 2005 the Center for Biological Diversity v. Kempthorne lawsuit to compel the FWS to respond to the request to start the polar bear listing process (the FWS ended up taking two years instead of the Endangered Species Act-mandated 90 days).

The U.S. Minerals Management Service (MMS) will hold its first federal Outer Continental Shelf oil and gas lease sale since 1991 on February 6. It is leasing nearly 46,000 square miles in the Chukchi Sea off the northwest coast of Alaska, with estimated conventional reserves of 15 billion barrels of oil. Waters within 25 miles of the coast are excluded from the lease area. This announcement comes just six days before the January 9 deadline for the U.S. Fish and Wildlife Service to decide whether to list the polar bear as endangered because of the global-warming induced decline of Arctic sea ice, some of which covers the Chukchi Sea.

The MMS believes that environmental concerns will be sufficiently addressed by its stipulations, which do not consider the effects of climate change:

The sale area will not include nearshore waters ranging from about 25 to 50 miles from the coast, which includes the near-shore “polynya” through which the bowhead and beluga whales, other marine mammals, and marine birds migrate north in the spring, and in which local communities subsistence hunt. Leases issued from the sale will include stipulations to address environmental effects that may occur because of exploration and development of the area’s oil and gas resources. These stipulations call for protection of biological resources, including protected marine mammals and birds and methods to minimize interference with subsistence hunting and other subsistence harvesting activities.

Environmental organizations are livid. The World Wildlife Fund published a series of statements from Alaska Wilderness League, Center for Biological Diversity, Audubon, and indigenous activists condemning the threat to the polar bear and other marine life from the planned sale.

In the fine print of its final notice of sale, the MMS does note:

Lessees are advised that the U.S. Fish and Wildlife Service is proposing to list the polar bear (Ursus maritimus) as a threatened species under the Endangered Species Act and has initiated a comprehensive scientific review to assess the current status and future of the species. The FWS anticipates making a decision in early 2008 on whether to list polar bears under the ESA. Please refer to http://alaska.fws.gov/fisheries/mmm/polarbear/issues.htm for additional information. If the polar bears are ultimately listed under the ESA, then MMS will consult with FWS under Section 7 of the ESA, and may be required to apply additional mitigation measures on OCS activities to ensure appropriate protection.

Update: Sierra Club has launched a letter-writing campaign to “chill the drills” in what it calls the “Polar Bear Seas”.

Further responses (see California responses) to the waiver denial, including praise from Detroit’s lobby group.

Environmental Defense:

EPA is not following science or the law . . . This decision is like pulling over the fire trucks on their way to the blaze . . . The Administration’s first bold act on global warming – and it’s to stop the states who are trying to do something about the problem. It is just plain shocking. . . New CAFE standards, if they go into effect, do not fully phase in until 2020. The California greenhouse gas limits will occur earlier – beginning in 2009 and fully phased in by 2016. With the mounting evidence of climate change impacts occurring now, it is imperative that we are take action immediately.

NRDC:

This rejection represents bald-faced political interference with California’s decades-long authority to enforce its own clean air rules . . . The California standards are the single most effective step yet taken in the United States to curb global warming. By blocking the California standards, the administration has stuck a thumb in the eye of 18 governors from both red and blue states who have led the way on global warming by adopting these landmark rules.

Friends of the Earth:

There is absolutely no reason for the Bush administration to block California’s effort to fight global warming. Today’s EPA decision is a major setback in the global warming fight and a slap in the face to all of the states that have moved forward when the federal government would not. This decision cements the United States’ reputation as the nation that is holding the rest of the world back at a time when our leadership is desperately needed. One can only hope that the next administration will play a more constructive role.

Sen. Sheldon Whitehouse (D-R.I.):

The EPA’s ruling is disgraceful. The Bush administration’s refusal to carry out the duties imposed on it by the Clean Air Act have polluted our air and water, further endangered the health of millions of Americans, and cost us precious time in our fight to address the looming threat of global warming. We can’t afford to delay strong steps to address global climate change. We will keep fighting to pressure this administration to do the right thing and allow states like Rhode Island to take action.

Alliance of Automobile Manufacturers:

We commend EPA for protecting a national, 50-state program. Enhancing energy security and improving fuel economy are priorities to all automakers, but a patchwork quilt of inconsistent and competing fuel economy programs at the state level would only have created confusion, inefficiency, and uncertainty for automakers and consumers. . . Under the new national fuel economy law, automakers will make dramatic, 30-percent reductions in carbon dioxide.

The omnibus appropriations bill (H.R. 2764) wending its way to passage in the year-end Congressional rush.

As EE News reports, included in the bill are $18.5 billion in nuclear loan guarantees that have been championed by Sen. Pete Domenici (R-N.M.) and Rep. Steny Hoyer (D-Md.). Related provisions grant $6 billion for coal-based power generation and industrial gasification activities at retrofitted and new facilities that incorporate carbon capture and sequestration; $2 billion for advanced coal gasification; $10 billion for renewable and/or energy efficient systems and manufactoring and distributed energy generation, transmission and distribution; and $2 billion for uranium enrichment technology.

The loan guarantees come with the caveat that Congressional appropriators must approve any project implementation 45 days before the Department of Energy could activate the guarantee.

Funding for continuing nuclear programs includes $1.1 billion for DOE’s nuclear programs and $8.8 billion for the National Nuclear Security Administration.

Environmental groups have come out strongly against the nuclear and coal-to-liquids provisions. NRDC’s Heather Taylor told EE News, “The loan guarantee is certainly a poison pill for us. It’s an investment in the bad policies of the past.

In a joint letter to Congress, seventeen environmental organizations wrote:

On behalf of our millions of members and activists, we regretfully ask you to vote no on H.R. 2764, the State, Foreign Operations, and Related Programs Appropriations Act, 2008 (Consolidated Appropriations Act, 2008) because it would take America down a dirty energy path. Although Congress started with the promise of leading our country into a new energy future, H.R. 2764 breaks faith and continues the misguided, polluting policies of the past.