Obama and Climate Policy Reform: a Continuing Education in American Politicking
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OBAMA AND CLIMATE POLICY REFORM: A CONTINUING EDUCATION IN AMERICAN POLITICKING Colin Robertson The strange death of climate change legislation is a cautionary tale in American politicking. It is a reminder that the will and weight of the US presidency can be thwarted by the counterweights of regionalism, money and public indifference. Until we make a technological breakthrough, we face a “glorious mess” of federal regulation, litigation and continuing incrementalism at the state level. Canadians should pay heed. How America manages its grids and pipelines and how it prices carbon all have a direct effect on Canadian interests. We need to leverage our partnership to be, not an American clone, but “compatibly Canadian.” L’étrange abandon de toute réforme des lois sur le climat chez nos voisins du Sud en dit long sur les particularités de leurs mœurs politiques. Il vient ainsi rappeler que le contre-pouvoir des régions, les intérêts financiers et l’indifférence de l’opinion publique peuvent éclipser l’influence et la détermination du président. Seule une percée technologique pourrait y réguler le « bric-à-brac » actuel de règlements fédéraux, de litiges et de mesures disparates appliquées par les États. Le Canada doit surveiller la situation de près, car le mode de gestion des réseaux, des pipelines et du prix du carbone des Américains influe directement sur ses intérêts. Dans notre partenariat avec les États-Unis, nous devons faire valoir la « compatibilité » de nos politiques climatiques plutôt que de cloner la leur. n the sunny, uplit days following Barack Obama’s elec- In the public mind, “protecting the environment” had tion, reform of climate policy was perhaps the most surged in annual Pew survey rankings for 2006, 2007 and I anticipated promise in the agenda of hope that would 2008, with 56 percent of Americans identifying it as change not just America but the world. Yet two years later, it among their top 10 priorities. Meanwhile, in a rebuff to does not feature in the transformational reforms on health, the Bush administration, the Supreme Court, in a land- banking, the new arms reduction treaty with Russia and the mark decision in April 2007, ruled that the end of “don’t ask, don’t tell” for gays in the military. Environmental Protection Agency (EPA) has the right and It is a cautionary and still unfinished tale on the limits of responsibility to regulate greenhouse gases in order to presidential power and the realities of American politics and combat global warming. politicking. Canadians should pay heed. Geographic propin- “Delay is no longer an option,” said the president-elect quity means joint stewardship of our shared commons. in his first recorded message. “Denial is no longer an accept- Energy is our top export to the US. The pricing of carbon, the able response.” environmental regulation of industry and the management “And to those nations like ours,” President Obama con- of grids and pipelines directly affect our interests. tinued in his January 2009 inaugural address, “we say we “Energy we have to deal with today…right away,” can no longer afford indifference to the suffering outside replied Barack Obama when asked to rank his domestic our borders, nor can we consume the world’s resources with- priorities in the presidential debates. Obama promised to out regard to effect.” Weeks later, in his first address to slash carbon emissions to 1990 levels by the year 2020 Congress, he vowed to double renewable energy in three and impose an economy-wide cap-and-trade program that years and promised that the stimulus package would would aim to reduce emisions, by mid-century, by 80 per- include multibillion-dollar investments for solar, wind and cent. His message seemed to match the American mood. biofuels, along with “clean coal.” “Send me,” he urged POLICY OPTIONS 35 FEBRUARY 2011 Colin Robertson Congress, “legislation that places a the first step when Californian Henry saucer was used to cool hot tea. To market-based cap on carbon pollution Waxman elbowed his way into the role ensure “equality,” regardless of popu- and drives the production of more of legislative helmsman. A long-time lation, each state has two senators, and renewable energy in America.” advocate of action on the environ- Senate rules require 60 votes out of 100 ment, he was instrumental in the pas- to avoid a filibuster. he humbled Republicans signalled sage of the 1990 acid rain Bipartisan support for climate T that they were ready to act. In cap-and-trade law. With the tacit sup- reform appeared possible. A dozen their response to the presidential port of Speaker Nancy Pelosi, Republican senators were on record address, Louisiana Governor Bobby Michigan’s John Dingell, avowed supporting some form of action on cli- Jindal described energy reform as a champion of the auto industry, was mate. In 2003, Republican John means of containing prices that had manoeuvred out of the Energy and McCain and Democrat Joe Lieberman climbed to record levels at the gas Commerce Committee chairmanship. brought forward their cap-and-trade pumps during the previous summer. With co-author Ed Markey, the Climate Stewardship Act. It failed (43- 55), but it attracted biparti- Canadians should pay heed. Geographic propinquity means san support. In June 2008, a joint stewardship of our shared commons. Energy is our top majority of the Senate sup- export to the US. The pricing of carbon, the environmental ported mandatory green- regulation of industry and the management of grids and house gas cap-and-trade legislation proposed by pipelines directly affect our interests. Republican Jack Warner and “We need,” said Jindal, “to increase Waxman-Markey bill passed the House Joe Lieberman. In addition to the 48 conservation, increase energy efficien- (219-212) at the end of June 2009. yes votes, six absent senators, includ- cy, increase the use of alternative and President Obama hailed its passage as ing presidential nominees McCain and renewable fuels, increase our use of “the moment when we decided Obama, entered statements of support. nuclear power, and increase drilling for to…reclaim America’s future.” oil and gas here at home.” But it was legislation as sausage n June, 2009 a bill that included The February 2009 stimulus package, making. Replete with offsets and credits, I renewable energy standards passed the biggest in American history at $787 it had another 300 pages added to it at out of Senator Jeff Bingaman’s Energy billion, doubled the budget for the 3:09 a.m. on the day of its passage. One and Natural Resources Committee. In Department of Energy, headed by former pundit described the 1,200-page bill as December, Democrat Maria Cantwell Berkeley Laboratory director Steven Chu. “so complex and jerry-built that even its and Republican Susan Collins intro- Chu, EPA administrator Lisa Jackson and supporters can’t know how, or if, it will duced a “cap and dividend” bill that Council on Environmental Quality chair work.” Parsing the votes and leaving included a cap and auction on carbon Nancy Sutley all received rapid unani- New York and California out of the dioxide (CO2) emissions that would mous senatorial consent for their equation, there was less than majority return three-quarters of the revenue appointments. Chu had unassailable sci- support, even in Democratic territory. to consumers. entific credentials as a Nobel laureate. The division had a lot to do with The most serious effort, and the one Jackson had served as chief of staff to New whether a region depended on coal for that recognized where the political sweet Jersey Governor Jon Corzine and com- electricity and/or with the fragile state missioner of the state’s Department of of many local manufacturing industries. FIGURE 1. BELIEF IN SOLID EVIDENCE OF Environmental Protection. Sutley was Los The House debate and daily crossfire GLOBAL WARMING IN THE US, 2006-09 Angeles deputy mayor for the environ- coverage in the media also sharpened ment. White House “energy czar” Carol the partisan public divide. A Pew survey Browner had been Bill Clinton’s EPA in October 2009 showed a significant administrator throughout his two terms. shift in the balance of opinion among 91 86 83 Democratic Jackson, Sutley and Browner were experi- Republicans, with a majority now say- 75 enced, committed and politically savvy, ing there is no hard evidence of global 79 78 75 Independent although for them environment is a reli- warming (figure 1). There were also 62 53 gion, and none of them had any business strong regional differences, with majori- 59 49 Republican experience. Yet, armed with popular sup- ties in the Mid-West and Mountain port, judicial backing and enhanced West unconvinced of global warming. 35 Democratic majorities in both the Senate The battle moved to the Senate. and the House, the President seemed to That chamber, George Washington have climate reform within his grasp. told Thomas Jefferson, was created to 2006 2007 2008 2009 The House of Representatives took “cool” House legislation, just as a Source: Pew Research Survey, October 2009. 36 OPTIONS POLITIQUES FÉVRIER 2011 Obama and climate policy reform: A continuing education in American politicking spot could be found, was that of Senators eanwhile, support for environ- Meanwhile, the summer of 2010 was John Kerry, the Democratic presidential M mental change plummeted, the hottest recorded in a century. “In standard-bearer in 2004, Republican affected, in part, by the skepticism the same way that our view of our vul- Lindsey Graham and Joe Lieberman. raised about the science of climate nerabilities and our foreign policy was Their approach was a tactical lesson in change as a result of the East Anglia shaped profoundly by 9/11,” the politicking: sit down with the utility and leaks in November 2009 (figure 2).