Friends of the Earth Breaks with Mainstream Environmentalists in Decrying Kerry-Boxer

At least one group stands up and says the Emperor has no clothes.

As described in yesterday's post on NGO reaction to the passage of the Kerry-Boxer climate change bill out of the Senate Environment and Public Works Committee, reaction from NRDC, Sierra Club, and Earthjustice to the action was uniformly positive. NRDC and Sierra Club even seemed excited about the version of the bill that Senator Kerry is negotiating on the side with Senator Lindsay Graham (R, SC)--even though the latter publicly stated that his solutions for climate change depend on "clean coal," nuclear power and offshore drilling.

Friends of the Earth is not so excited. They issued a statement yesterday decrying Kerry-Boxer as too weak, and sounding the alarm about whatever Kerry, Graham and Lieberman are cooking up. In other words, they are saying publicly what staffers in most of the major environmental groups are probably saying privately.

Environmentalists React to EPW Action

Although the fate of the Kerry-Boxer climate bill has been made more uncertain by the apparent defection of one of its main sponsors, environmentalists reacted with approval to its passage this morning by the Senate Environment and Public Works Committee. NRDC crafted this message for its President, Frances Beinecke:

Chairman Boxer and her colleagues took an important step forward with today's action. They have worked under difficult circumstances to craft S. 1733 and sought to have full consideration of this important legislation in the Environment and Public Works Committee.

We welcome the announcement yesterday by Senators Kerry, Graham and Lieberman that they are committed to working together to combine the best of S. 1733 with additional provisions to produce a bi-partisan bill that the Senate will pass.

The Sierra Club put this similar message together for its executive director, Carl Pope:

The Sierra Club is pleased that Chairwoman Boxer and the Senate Environment and Public Works Committee reported out the Clean Energy Jobs and American Power Act today. . . . We are distressed that the Republican Senators on the committee were unwilling to even sit down and discuss this important plan for less pollution, more jobs and greater security. Polluters like Oil and Coal are spending tens of millions of dollars to stand in the way of progress. It appears that the Senators who boycotted these meetings have sided with those special interests. Fortunately a bipartisan group of Senators led by John Kerry and Lindsey Graham are working together to find constructive ways to keep this effort moving forward. We look forward to working with that group to finish a bill that will build our clean energy economy. . .

So a little less politic re the GOP boycott in Boxer's committee, but perhaps purposefully obtuse about the emphasis on "clean coal" and provisions for offshore drilling that Graham seeks to include in any bill.

EarthJustice did not join the others in applauding the Kerry-Graham-Lieberman effort. Instead, in this careful message crafted for its president Trip Van Oppen, it (1) concentrates on the symbolism of having a climate bill move forward in the Senate, (2) applauds the fact that Kerry-Boxer does not preempt Clean Air Act applicability to GHG emissions, and (3) signals disapproval (perhaps?) of further incursions by special interests:

Momentum is building toward a transformational shift to a clean energy economy that doesn't rely on burning fossil fuels that are primarily responsible for global warming. . . . We applaud the Environment and Public Works Committee and chairman Boxer for approving legislation that builds upon the Clean Air Act, which has a proven track record of reducing pollution from the dirtiest sources. The Clean Air Act has successfully protected the public and the environment from mercury poisoning and acid rain, and is currently poised to reduce climate pollution from mobile sources that account for up to four percent of U.S. emissions. Coal companies and other special interests are attempting to derail or delay this legislation -- and keep us hooked on fossil fuels as our main source of energy. We are encouraged to see those who are interested in making the U.S. a clean energy leader prevail.

Let's hope that the off-the-record negotiations Kerry, Lieberman, and Graham are undertaking don't result in something drastically different than this vision. Because the last thing we can afford is a climate bill in name only.

NRDC Reacts to Ninth Circuit Water-Efficiency Decision

As I reported yesterday, in the post "California Beats Back DOE Refusal of Right to Set Efficiency Standards," the Ninth Circuit remanded a DOE decision not to grant California a waiver from preemption under the Energy Policy and Conservation Act (EPCA), after essentially rejecting the whole thing as pretextual.

The Legal Director of NRDC's Western Energy and Climate Project, Kristin Grenfell, lauds the decision in a statement on their website, here. Among other things, she points out that conserving water is an energy conservation issue, as, she says, 20% of California's electricity is used to move water.

Day Three of Hearings before Senate EPW on Kerry-Boxer

Hearings will start in half an hour before the Senate Environment and Public Works Committee on the Kerry-Boxer climate change bill. The full schedule can be viewed here. Again, the hearings will be split into four panels.

Panel 1 is a mixed panel, including, for example, the President of Exelon (which describes itself as "the nation's largest electric and natural gas utility" and has its own plan for emissions reduction underway [Ed's note: unevaluated by Ed.]), the President of Environmental Defense (EDF) (which has been active in lobbying for energy efficiency), the President of the Ohio Coal Miner's Association, and the President of the American Farm Bureau Association.

Panel 2 is focused on transportation efficiency and sustainable communities, including several transportation experts and the Executive Director of the Sacramento Area Council of Governments (which provides transportation planning and funding for the Sacramento region).

Panel 3 will provide economists' takes on climate policy, from the presidents of the (progressive) Center for American Progress Action Fund, Center for Clean Air Policy, and World Resources Institute, as well as the libertarian Competitive Enterprise Institute.

Panel 4 is a mixed panel, including the head of the California EPA, the Director of the Climate Center for NRDC, two Union representatives, and two industry executives.

The full schedule can be accessed here, and the hearings heard here.

Does Kerry-Boxer Improve on Waxman-Markey?

Plus, NGO reactions to the bill and hearings

The Chairman's Mark of the Kerry-Boxer climate bill is huge--923 pages. But the good news for those following the debate is that almost all of the material is derived from the Waxman-Markey bill that passed the House last June, with a few changes. The most important differences between the Senate bill and Waxman-Markey are that the Senate bill:

• improves on the GHG emissions reduction goal, from 17% by 2020 to 20% by 2020
• places more emphasis on carbon capture and sequestration (CCS), which is needed to attract support from coal states.
• specifically allocates allowances to transportation-sector improvements that will reduce GHG emissions.
• increases allowance allocations to utility-scale renewable energy projects
• specifically allocates allowances to energy efficiency programs, including a requirement that allowances going to the states be dedicated to the Retrofit for Energy and Environmental Performance (REEP) program implemented by State Energy Offices.
• sets floors and ceilings on the price of emissions permits.

Reactions are beginning to come in from the NGO community. Francis Beinecke, president of Natural Resources Defense Council (NRDC), posted her reaction on the NRDC website today, saying she was encouraged by the draft, but that she would still like to see the bioenergy loophole (which treats all use of biomass for fuel as carbon neutral, whether mature trees or crop waste) closed, and would like to see strengthened energy efficiency provisions. (Recall, the original version of Waxman-Markey contained a separate energy efficiency resource standard (EERS) alongside the renewable energy portfolio standard (REPS). Once Dingell (D, MI) and Boucher (D, VA) were done with it, the EERS was folded into the REPS, and made no separate requirements.) Her comments can be viewed here.

[Update: Defenders of Wildlife is choosing to wear rose-colored glasses, announcing that "Sens. Bingaman, Baucus, Whitehouse and Udall champion legislation," here. And EarthJustice makes a statement here.]

The Breakthrough Institute, which put together a spreadsheet of how allowances are distributed in both Kerry-Boxer and Waxman-Markey over the weekend, is unhappy that: "[l]ike its House sibling, the . . . Kerry-Boxer climate bill allocates the vast majority (64%) of the tens of billions annually in emissions allowances created by the bill's cap and trade program to shield energy consumers and industry from the impacts of carbon prices. Just 13% of the value of allowances . . . are invested in clean energy technologies." (The spreadsheet can be downloaded here, and a pie chart of the allowances here.)

ACEEE issued a report, timed to coincide with the start of committee hearings, urging that the place of energy efficiency be elevated in any bill to come out of the Senate.

Unfortunately, its not clear when any such amendments can be made. The bill will move quickly through EPW: Senator Boxer said this morning that she wants the bill to be out of the Environment and Public Works Committee by November 3. If Waxman-Markey is instructive, the bill will get watered down, not strengthened, as it goes through other committees in the Senate (although I would love to be corrected on this). And Senator Inhofe was intoning darkly this morning about what will happen when the bill gets to the floor.