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Prospects Fading for U.S. Climate Legislation in 2010

Stephen Lacey, Staff Writer
January 14, 2010  |  9 Comments

Last summer, clean energy advocates were confident that the U.S. Congress would pass a comprehensive energy and climate bill by the time the Copenhagen conference rolled around. Now, as energy issues slip further down the policy priority list in the wake of that failed meeting, advocates are left wondering if the U.S. will see any significant piece of clean energy legislation in 2010.

With health care, the economy and the upcoming mid-term elections dominating the political agenda in Washington, most onlookers now believe that an energy bill will be broken up into smaller pieces in order to make progress on key issues this year.

“It looks less and less likely that Congress will pass a broad climate bill. Lawmakers are now talking about individual bills focused just on one issue,” says Chris Stimpson, Executive Campaigner for Solar Nation, a grassroots lobbying organization run by the American Solar Energy Society.

Much has changed since the beginning of 2009, when the clean energy community was banking on President Obama's election promises to swiftly pass a climate bill that would put a price on carbon and create strong national targets for renewable energy.

The prospects for such a program looked good last July when the Waxman-Markey bill passed the House of Representatives. That piece of legislation created a cap and trade program, a 20 percent renewable energy target by 2020, a program to upgrade the electric grid and stronger energy efficiency standards. Although the cap and trade portion was criticized by some as being too lenient on polluters, the bill was a major step for renewables: It would have finally provided the national target that the industry has been seeking for years.

But then the climate bill quickly stalled in the Senate, where lawmakers have been sidetracked by the contentious health care debate. A number of politicians, including Democratic Senators John Kerry and Barbara Boxer, have introduced their own pieces of legislation; however, it is unlikely that the Senate will vote on either bill until March of this year. House lawmakers are now urging Senators to act soon, as the bills will expire at the end of this year when the Congressional session ends.

Because this is a Congressional election year, the make-up of the House and Senate may be different when the new session begins. That could mean that Democrats — who have been much more supportive of climate and clean energy legislation — will have less power to pass a strong bill next year. And if members of Congress are worrying about getting re-elected, they may not give as much attention to climate and energy issues this year.

“[Congress] may not have the energy, ironically enough, to work on an energy bill,” says Stimpson. “If it doesn't happen by Memorial day, this being an election year, it's generally understood here [in Washington] that you can forget it — nothing else will happen until after the election.”

The chance that individual, renewable-energy specific programs will get passed is much more realistic, says Stimpson. Some analysts believe that Congress will individually support more manufacturing tax credits for renewable energy companies, a renewable energy standard and increased funding for an overhaul of the electric grid, rather than an overarching climate bill.

Many advocates who see renewables as only one part of a broader carbon-reduction strategy are disappointed by this approach. Assuming the political landscape in Washington will be different in the next session of Congress, they see 2010 as a “make-or-break” year for climate change legislation.

“To say that we'll pass some parts this year and save other parts for other years, I think risks dealing with the bargaining in Congress that needs to take place,” says Jim Rubens with the advocacy group Clean Energy Works. “If we can't get them in this year, they're just going to be tougher to get later.”

To make matters more complicated, there is increasing backlash in Washington against an economy-wide cap and trade program. Many Senators have proposed more straightforward carbon taxes or “cap and dividend” programs, which would tax carbon at the source and then send the money back to taxpayers in different ways.

Most observers believe that cap and trade will be the policy of choice, but they agree that the debate could be delayed further as concerns over a complex trading program are worked out.

“I do believe [cap and trade] is on the train right now. But I do think there's going to be lots of compromise and lots of horse trading. And you never know what's going to end up in the sausage until the votes are taken,” says Analyst Scott Sklar, president of the Washington, DC-based consulting firm Stella Group Ltd.

In the meantime, the Environmental Protection Agency is gearing up to start regulating greenhouse gases under the Clean Air Act. This top-down “command and control” approach, which is much less flexible than a trading program, has many in the energy business worried. The Obama administration is using this option as a way to get Congress moving on a climate bill this year. It doesn't appear to be working, however.

Even though the passage of a comprehensive climate bill is becoming less likely each day, analysts are still positive about the prospects for renewables in 2010. After all, the Obama administration has given more support for clean energy in the last year than had been given in the last decade, says Sklar.

Sklar points to last year's stimulus package, increased government spending on R&D and the billions of private dollars that have poured into the industry as tell-tale signs of how strong the industry is today — even if Congress doesn't pass a bill that advocates were hoping for.

“Sometimes you have to separate the climate issues and the renewables issues...They are both extremely important...but I sometimes have to pinch myself when I see where [the renewable energy industry] has come. It's on a trajectory that I don't think can be stopped.”

9 Comments

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a b
a b
January 26, 2010
So the E.U. tries to lead, and hope other will follow suit, since I am convinced that we are the last generation that can do something about the fact that fossil fuels are not finite. We do need to decarbonize our energy supply FAST by moving to RE resources using some level playing mechanism, while we still have the FF to continue to power our modern world.

Still available oil resources : 40 years plateau-eing, we are now in Peak Oil, even the USA CEO of toyota said so publicly during the Detroit auto show. Saudi Arabia reserves are a state secret. Total, Shell, Exxon are now investing in costly Canadian Tar sands oil extraction, cheaper than to drill in the deep sea.

Still available natural gas resources : 75 years with business as usual. China is now building an extensive NG network to feed it's 160 cities containing each 5 million people. Don't get me started on India, they have the same plans in their drawers.

Still available uranium resources : 80 years with business as usual. China is now building 40 000 MW in nuke plant capacity. They have now managed to obtain supply contracts for only 30% of their estimated uranium consumption quota, to feed their nuke plants now being built.

Still available coal resources : 200 years with business as usual. I do not buy this statement, if I use my own state's experience (I live in Belgium). We had for 200 years of coal in Belgium. After 75 years, all the easy coal seams were extracted, leaving us with extremely costly deep and hot based coal seams to exploit. Coal extraction corporations all did go bust one by one, because our local industry switched first to cheaper imported crude oil, then to natural gas, and then to nuke plant power (now accounting for 55% of electricity supply).
a b
a b
January 26, 2010
"I support a straight tax on carbon and not the "cap and trade". That will only make the fat cats on wall street fatter. A tax will DEFINITELY mean that the RE sources will become the status quo faster."

Even if nobody right now is willing to do something about carbon emissions in the USA, the E.U. is now preparing to act.

Kyoto will probably not be renewed by the E.U. It will be replaced by a carbon tax on anyone trying to import manufactured goods into the E.U. , goods not made in a EU member country.

The goal is to compensate for the lower manufacturing prices that e.g. China has compared to any E.U. member state, since China does not have to respect the extensive E.U. environmental regulations for the goods that are made in China. This import carbon tax will avoid having our industry delocalise to China to manufacturer goods cheaper there, while avoiding E.U. regulations, and then import them into the EU to be sold.

That also means that all USA airlines will have to pay a carbon tax for the jet fuel that they burn while flying towards or away from any E.U. country. If you think that is small potatoe, do not be mistaken : the E.U. is the single BIGGEST market in the world right now, having 500 million peoples and a aggregated GDP of around $ 15 Trillion, the USA GDP is around $14 Trillion.

https://www.cia.gov/library/publications/the-world-factbook/rankorder/2001rank.html?countryName=European%20Union&countryCode=ee®ionCode=eu&rank=1#ee
Wesley Sugai
Wesley Sugai
January 17, 2010
Thank goodness this bill is going to die a swift and but quiet death and will be buried in the cemetary of fraudulant science.

John, I would be highly suspect of this data until it is evaluated by other reputable agencies and not the University of East Anglia CRU, and NASA Goddard Institute (James Hansen), and NOAA (only reputable one here).

Your last paragraph shows your naive misunderstanding of the current economic/energy situation.
John DAngelo
John DAngelo
January 16, 2010
to a-patrick

Since when did the earth stop "warming since 1998"? According to a report just released from the " The World Meteorological Organization announced just before the Copenhagen talks that 2009 was with data so far, the fifth warmest year since the beginning of instrumental climate records (1850) and that THIS DECADE (my emphasis) so far, has been warmer than 1990s - the warmest decade that has been recorded"..

I think you need to get your facts straight! And just because we have cold whether in Florida does not mean there is NO global warming.

I support a straight tax on carbon and not the "cap and trade". That will only make the fat cats on wall street fatter. A tax will DEFINITELY mean that the RE sources will become the status quo faster.

Higher prices on energy will come even if we do not have any type of tax because the dollar has BUILT in inflation. This is a fact too. So even if we do NOTHING the price of energy will go up. One exception is if you have an RE system on site, your energy prices will remain constant for the life of the RE system. That is the same thing as NO PRICE increase.

John D'Angelo
BeUtilityFree, Inc.
E.Patrick Mosman
E.Patrick Mosman
January 16, 2010
Since there is no scientific proof of the AGW theory that human activity and CO2 are causing the climate to warm, (Note well, the climate stopped warming in 1998), the IPCC, bureaucrats,environmentalists and their zealot scientists have created the greatest hoax in the history of the world. The intent is for the few to obtain control on total energy and to
redistribute the wealth of nations. The recent release of the emails and files of the CRU show without a doubt that the man made theory, man made assumptions, man made computer programs, man made temperature manipulation of raw data are the real cause of man made global warming.The IPCC should be disbanded, the Kyoto Accord consigned to the trash bin and no monies paid as tribute or blackmail to China or any developing country to combat a non-problem.
Daniel Ulseth
Daniel Ulseth
January 15, 2010
@Anonymous, too - Hmm, so only skeptical scientists are "tainted" by nefarious interests while the intrepid, well-intentioned and uninfluenced-by-outside interests climate researchers are pure and honest. Got it.

"Skeptics" don't deny that climate changes. They dispute the influence of mankind on global climate cycles. The fact that billions of taxpayer and private funds have been directed towards advancing the pro-AGW alarmist view over the past 25 years diminishes the assertion that Big Oil, Big Coal, Big Nuclear have supported the skeptics view, which routinely has been given short-shrift in the MSM until ClimateGate broke.

Ignorant and ill-informed. Are you saying Lindzen, Gray, Choi, Soon, Spencer, Christy and scores more are ignorant? How about the thousands of credentialed scientists who have signed the Manhattan Declaration on Climate Change? Your appeal to authority and appeal to group think do not make your argument stronger.

See:
www.bravenewclimate.com - read the TCASE series for material inputs vs power outputs comparisons of energy production.
www.cleanenergyinsight.org - see their land-use footprint comparisons
www.energyfromthorium.com - watch the YouTube videos

Renewables are fine in certain applications, but they are inherently unreliable, uncontrollable, intermittent and require back-up power systems, usually natgas, to fill in the generation gaps. Double the cost of reliable base-load, on-demand power.
ANONYMOUS
January 15, 2010
Wake up Edward and Anonymous.
The facts about Climate Change are clear, they have been clear for years.
Some British jokers who were upset that their results weren't as strong or as extreme as the results of hundreds of other teams of scientists researching the horrific impacts of runaway climate change (ClimateGate) doesn't set us back to square one or make what the 1% of tainted "scientists" out there who deny climate change claim the 'truth'.
The status quo will not cut it. We need to fight the influence of the oil, coal, gas and nuclear lobbies and the only institution out there big enough left that has a fighting chance are domestic and international government entities.
You don't have to support these efforts, just stop fighting it in such an ignorant and ill informed manner. Remember, Sarah Palin is an avid outdoors(wom)man too.
Your electric and gas bills are going to rise regardless. Energy prices have been going up for decades and will continue to go up.
You can either pay higher energy prices that support the fossil fuel and nuclear industries or you can pay higher energy prices that support clean energy implementation.
Even if you don't 'believe' in climate change (which is ridiculous if you'd read a few books and articles) then promoting clean tech is good for the economy, jobs, US competitiveness and non-carbon pollution.
The time to sleep through this is over, you've had 50 years of happy ignorant nap time. Wake up and get with it or please disappear.
ANONYMOUS
January 15, 2010
Thanks to the truth getting out about prior to Hopenhagen or we might have been a step closer to the greatest theft in human history through this Cap and Trade bill in Congress. I am all for the growth of clean energy and as an avid outdoorsman, farmer, fisherman.. do not want to see the world more polluted than it is but at the same time, let's do it with common sense and based on facts.
Edward Wilhelm
Edward Wilhelm
January 15, 2010
Cap and trade is a bad idea.. Just eliminate taxes on US based solar , wind, and hydrogen production. Stop giving money to clean coal it will never be clean or renewable. Neither is nuclear. If we want nuclear power then we can use thorium instead of uranium. If we stop putting fumes into the air, water and soil, the climate will take care of itself.

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Stephen Lacey

Stephen Lacey

I am a reporter with ClimateProgress.org, a blog published by the Center for American Progress. I am former editor and producer for RenewableEnergyWorld.com, where I contributed stories and hosted the Inside Renewable Energy Podcast. Keep...
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