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What Happened to Climate Change Legislation in 2010?

By Shannon Crawford posted 12-21-2010 04:37 PM

  
There seemed to be a significant amount of momentum building towards a comprehensive climate legislation being passed in 2010. A bipartisan bill was in the works. The White House supported the measure. And the House had already passed a climate change bill in 2009. However things did not work out as planned and the year is coming to a close without a climate bill having ever made it to the Senate floor.

Creating an economy-wide mechanism to curb the emissions of greenhouse gases has been one of the Obama Administration’s highest priorities. The administration had pursued two different pathways to enact economy wide GHG controls. The first method, and the one preferred by the administration, was developing legislation to cap the amount of greenhouse gases emitted by industry and then allowing those covered by said cap to trade amongst themselves to meet the overall emissions limit. Simultaneously, the administration was pursuing a regulatory approach to control GHG emissions. This approach has allowed EPA to create emissions guidelines for GHG under several provisions of the Clean Air Act. It was widely believed that the regulatory approach was only pursued as a method of keeping the preferred legislative pathway on a forward course. However as 2011 draws nearer the regulatory approach has won out.

What Happened?
There were several factors that led to the failure of a comprehensive climate change bill this year. Many political and outside factors together created the perfect storm that essentially killed cap and trade legislation for the foreseeable future.

Lack of Republican Support
Senator Lindsey Graham (R-SC) had originally planned on co-sponsoring a climate change bill. He received significant political flack from fellow Republicans but Graham maintained his position that supporting climate change legislation was important to national security. This was until he made an abrupt retreat from the bill on April 25, 2010. Graham’s exit was the result of a conflict with Senate Majority Leader, Harry Reid (D-NV). Reid had expressed uncertainty as to when he was willing to introduce the climate bill on the Senate floor. Originally the bill was scheduled to be on the Senate’s calendar in late April, but Reid indicated immigration reform may be tackled first. Because Graham had risked the favor of the Republican Party by supporting a democratic concept, he saw this reneging by Reid as a sign that climate change legislation may not receive the same support as it had in the other chamber. Without his support the bill was no longer bipartisan.

Gulf Oil Spill
The massive oil spill in the Gulf of Mexico has also had a major impact on the climate change bill. A major provision of the bill was set to be a section on off-shore oil drilling expansion. But after the April 20th Deepwater Horizon Oil Spill, support for this provision has waned. This specific provision had originally been added to gain additional support from undecided Democrats, whose numbers were crucial to passage. After the spill, this provision became toxic and the bill writers were unable to introduce another provision that would be able to garner the support of the same faction.

Anti-Establishment Movement
This year’s election season saw an enormous about of backlash against established political figures in DC. Many career politicians were unceremoniously beaten in primaries by previously unknown candidates, in what can only be described as a backlash against what citizens deemed as beltway insiders out of touch with the rest of America. The backlash was not limited to one party or the other. Senator Lisa Murkowski of Alaska was defeated in her republican primary despite being one of the biggest opponents of EPA’s GHG controls (she won her election in a write-in campaign). This movement affected the voting of many members of Congress as there was so much uncertainty regarding the outcome of the elections many were afraid to take “tough votes” on Capitol Hill. Because of the complexity and scope of a climate bill, it has notoriously been one of the most difficult types of bills to reach cloture on.

What can we expect in 2011?
Climate change legislation will not be seen again in its current form for years to come. The day after the November elections President Obama conceded that cap and trade legislation was only one way to tackle the issue of climate change and he was willing to consider other methods.

Unless an eleventh hour deal is reached, EPA’s Tailoring Rule will move forward as finalized. Beginning on January 2, 2011, this regulation will force stationary sources to apply the best available control technologies to reduce their greenhouse gas emissions. It is unclear at this point what attempt, if any, will be made by Congress in the next session to halt this regulation.

Next year the most likely piece of legislation expected will be some sort of “clean energy standard”. This type of mandate would require utilities to procure a percentage of their electricity from clean, reliable sources. These include not only renewables, but also nuclear and clean coal. Senators Graham and Lugar have both released version of these standards, both of which have included LFG and WTE.
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