Goldberg for The Hill: Are Federal Agencies Putting Science Over Fear-Mongering?

This summer, during one of the least productive sessions in recent history, a rare bipartisan achievement slipped through Congress under the political radar. Democrats and Republicans came together with environmentalists and chemical manufacturers to reform the Toxic Substances Control Act (TSCA).

So, what was the secret to TSCA’s success? All of these groups were unified behind a common regulatory vision: chemical regulation must be based on scientific risk alone. TSCA requires EPA to integrate scientific determinations of a chemical’s hazard, use and exposure potential so that facts, not political or fear-based agendas, are the driving force behind chemical regulations.
To be sure, TSCA is a compromise. No one thinks it is perfect. EPA gained authority over chemical regulations, and industry got a streamlined regulatory process. The Environmental Defense Fund called TSCA “a major improvement.” The Society of the Plastics Industry said consumers can have “confidence in the products they depend upon each day, while giving companies a more predictable regulatory system that is based on science rather than rhetoric.”

Read more at The Hill

Sympathy for Diablo

Nuclear power is by far America’s biggest source of zero-carbon energy, providing 19.5 percent of the nation’s electricity. So why are environmental groups who profess to care about climate change working overtime to get rid of nukes?

The mystery deepens with today’s announcement by Pacific Gas & Electric that it intends to shutter California’s Diablo Canyon facility, the West’s last zero-carbon nuclear plant. The decision reflects a deal PG&E has struck with labor and environmental groups to invest more in energy efficiency, renewables and storage as it phases out Diablo Canyon.

The news comes amid a recent wave of nuclear plant closures in the Midwest, where deregulated markets flush with wind and natural gas simply make the plants uncompetitive. But Diablo’s costs are carried by rates, not competitive markets, so something else was clearly at work. And that something was extreme green politics.

Behind the Faustian bargain were big environmental groups like Friends of the Earth, National Resources Defense Council and Environment California. Together with their allies in state government (Mary Nichols, chair of California’s powerful Air Resources Board, founded the state’s NRDC chapter), the groups have advocated successfully for policies that privilege renewables as the only “clean” route to a low-carbon economy. Governor Brown’s former girlfriend, Linda Ronstadt, recently joined celebrities who have made a second career off opposing Diablo in sending a letter of opposition to relicensing. Not surprisingly the state’s 50 percent renewable standard—enshrined on Governor Brown’s watch–excludes nuclear.

The bargain would let Diablo’s duel reactors run until 2024 and 2025 but retire them 20 years before their useful life is up, in 2044, 2045. The groups claim Diablo’s power would be replaced by renewables and by energy efficiency, but as Rod Adams, blogging for Forbes noted:

“That’s a deceptive fig leaf; it is physically impossible for wind, solar and energy efficiency to replace the steady production of a nuclear power plant. Producing the same total number of kilowatt-hours each year is not the same as producing the same kilowatt-hours on a minute by minute, hour by hour or day by day basis.”

The wind doesn’t always blow and the sun doesn’t shine at night but a nuclear reactor generates zero emission electricity 24/7. In a state where industry continues to flee (Toyota ran to Texas and Tesla opted for Reno) there just isn’t sufficient demand to manage over-generation. And for a company such as PG&E, beleaguered over the current criminal trial for a natural gas explosion, it was politics rather than economics that trumped the West’s last nuclear plant standing.

The timing could not be worse as parts of California are reeling from one of the worst heat waves to hit the Golden State at a time of year when it typically is blanketed by fog or “June Gloom.” In Southern California, grid operators are straining to meet demand in a system that both lost the San Onofre Nuclear Generating Station but also placed a moratorium on natural gas from Aliso Canyon. As a result of the Aliso Canyon moratorium, the state’s grid operator for this summer has forecast at least 14 rolling blackouts.

Renewables need fast-ramp natural gas to back off generation at midday, when solar generates a surplus, and then to ramp back up at night when the sun sets. California’s grid operator throws away or curtails as much as 13,000 megawatts of excess electricity per day. For the green extreme shuttering Diablo is the path to tossing away less solar.

Reliability is an issue but the green extreme’s well-kept dirty secret is that wind and solar have severe environmental downsides. Diablo’s closure will eliminate in 10 years the state’s last, steady reliable, pollution-free electricity source. Replacing Diablo with solar will require vast tracts of land. Siting those facilities pits NRDC against staunch conservationists dead set against displacing the desert tortoise. And wind kills hundreds of thousands of birds and bats annually. But the environmental downside is that renewables need to team with fossil to keep the lights on.

California has for years been banking on an unholy alliance between renewables and load-following natural gas. Moreover, California has already blown its climate change targets because 100,000 tons of potent climate-changing methane leaked unabated into the atmosphere from the Aliso Canyon natural gas field. In a world of unreliable renewables, electricity systems require something to keep the lights on. But unlike nuclear, natural gas is a fossil fuel. California’s apparent model — Germany — has watched climate pollution increase there as decommissioning nuclear plants has led Berlin to rely more on carbon-intensive coal to backup to wind and solar.

But the green extreme is mute on rising emissions. “It makes your skin tingle,” said Damon Moglen, senior advisor with Friends of the Earth, regarding Diablo’s closure. Probably the highly-skilled and decently-paid nuclear plant workers at Diablo are feeling that way too.

RealClearPolicy: Nuclear Innovation Can Support Growth and a Healthy Climate

Amid mounting public concern about climate change, many progressives are giving nuclear energy another look. It’s already America’s biggest source of zero-carbon energy, far surpassing wind and solar. And “next generation” reactor technologies hold great promise for generating nuclear power in safer, cleaner, and cheaper ways.

What’s more, America will need more nuclear energy to meet the ambitious greenhouse gas reduction targets President Obama set at last year’s Paris climate summit. According to the White House: “As America leads the global transition to a low-carbon economy, the continued development of new and advanced nuclear technologies along with support for currently operating nuclear power plants is an important component of our clean energy strategy.”

Nuclear energy today accounts for nearly 11 percent of the world’s electricity. Without it, the world produce an additional 2.5 billion metric tons of carbon dioxide per year. Here in the United States, nuclear energy generates 19 percent of our electricity — 63 percent of all zero-carbon electricity in America. The United States as well as developing countries such as China and India will need more nuclear power to meet growing energy demand without loading more carbon into the earth’s atmosphere. But we’re heading in the opposite direction — decreasing more nuclear capacity than we are adding.

U.S. nuclear companies intend to add five more reactors to the nation’s fleet by 2020. In the meantime, however, they have announced plans to shut down three existing plants — and more may be in the offing. Why so many closures? One of the main reasons is the glut of cheap natural gas stemming from America’s shale boom. Natural gas typically sets the price of electricity on the grid in much of the United States. Today, with natural gas trading on the spot market at around two dollars per BTU, nuclear-generated power is being priced out of electricity markets.

Continue reading at RealClearPolicy.

Next-Gen Reactors: How Nuclear Innovation Can Support Growth and a Healthy Climate

The U.S. Supreme Court has put President Obama’s Clean Power Plan on hold while lower courts review challenges to the regulation. The ruling is a setback to Obama’s hopes of bypassing a hostile Republican majority in Congress and using his executive authority to require electric utilities to make big reductions in carbon emissions.

At last year’s Paris climate summit, the administration pledged to make deep cuts in U.S. greenhouse gas emissions by 2025. With the Clean Power Plan (CPP) in limbo, Washington has no plausible mechanism for getting anywhere near those goals.

In truth, however, the United States would fall well short of those goals even if the CPP survives legal challenges. For one thing, the rule covers the power sector, which accounts for only about 31 percent of U.S. emissions. What’s more, the United States will have to put carbon reductions into overdrive, roughly doubling their current pace, to meet the administration’s ambitious commitments in Paris.

Rather than put all of its climate protection eggs in the CPP basket, the White House clearly needs a broader strategy for making sure that America can do its part to slow down global warming. A key component of such a strategy must be expanding America’s biggest source of zero-carbon energy: nuclear power.

Download “2016.05-Freeman-Marshall_Next-Gen-Reactors_How-Nuclear-Innovation-Can-Support-Growth-and-a-Healthy-Climate”

*Note: A previous version omitted a citation to Dr. Ashley Finan’s testimony. We regret this error.

CNN: America needs more than populist message

With Donald Trump and Ted Cruz locked in a bitter battle for the Republican nomination, the stakes in 2016 rise dramatically. The likely victory of either one of these deeply flawed candidates will give Democrats a chance not only to hold the White House, but also to realign U.S. politics. No wonder Republicans are panicking.

To seize the opportunity, however, Hillary Clinton will need to transcend the limits of a “populist” message based on identity politics, economic victimhood and redistribution. Thus far such themes have dominated the nomination battle with Sen. Bernie Sanders, but they won’t help Democrats forge a broader political coalition that includes suburban moderates, college-educated independents and many Republicans who are aghast at the prospect of branding the White House with a giant “T.”
Of course, with yet another caucus victory on Saturday, this time in Wyoming, Sanders will stay in the race, if only to keep tugging Clinton to the left. But Clinton needs to resist this ideological gravity, because Sanders’ left-wing populism is not an effective answer to the right-wing populism that Trump channels with such diabolic cunning.
Before the Bernie Bots clank into action, let me hasten to say I’m not positing moral equivalence between Sanders and Trump. Sanders is honest, principled and decent; Trump is, well, none of those things. But the lifelong socialist’s dream of turning America into a paternalistic, European-style welfare state isn’t the right prescription for what ails our country.
Continue reading at CNN.

Do American’s Utility Bills Reflect Abundant Cheap Power?

Although the price of electricity in the Eastern United States fell by half over the last decade, residential customers saw their monthly bills increase by 26 percent, according to government data. What accounts for this anti-market discrepancy?

Consumer advocates claim that power companies are using tumbling electricity costs as camouflage to increase other charges. Utilities push back, saying price hikes are necessary to pay for billions of dollars of government-mandated improvements to long-neglected infrastructure. Last year PPI held a “future grid” summit which posed this key question to the assembled experts: Who will pay for the modern grid we need? Now we may have an answer: consumers.

Electricity charges make up about a third of the average utility bill, down from around half just a few years ago. This decrease is due to a flood of cheap natural gas extracted by hydraulic fracturing, otherwise known as “fracking.” The rest of your utility bill consist of retail charges associated with delivering supplies—for example getting the electricity to the end user and adding enough capacity to handle demand surges.

Bernie Sanders may want to ban fracking, but the resulting glut of cheap gas is driving down the wholesale cost of electricity across his native Northeast. According to the U.S. Energy Information Administration, these low prices are attributable to warmer than normal temperatures, additional pipeline infrastructure, and “the generally well-supplied and low-priced natural gas environment.” Northeast regional prices for electricity are just a fraction of what they were two years ago. For example, in January peak prices for the month in New England reached only $66/MWh down from $438/MWh January two years ago. New York has similar numbers peaking at $71/MWh this year as opposed to $518/MWh two years ago.

Thanks to these low, low prices, utilities have room to pass along the costs of modernizing our outdated electricity grid to residential consumers without their bills exhibiting dramatic spikes. The rapid deployment of intermittent renewable energy resources on the U.S. power grid is partly responsible for rising delivery costs. This evolution away from large, centralized power plants toward smaller, more widely distributed generation sources means utilities must install digital sensors, meters, and more power lines, the costs of which are passed along to consumers.

According to the Edison Electric Institute, the trade association for investor-owned utilities, their member companies spend $20 billion annually on upgrades to the distribution grid alone. Without cheap natural gas electricity consumers would certainly bear a heavier share of these costs. In other words, without fracking, U.S. consumers won’t be reaping the benefits of more renewable energy and a smarter and more reliable grid. And when their electricity bills start to soar, they will really be feeling the burn.

Press Release: PPI Unveils New Blueprint for Shared Prosperity

FOR IMMEDIATE RELEASE
March 15, 2016

Contact: Cody Tucker, 202-775-0106
or ctucker@ppionline.org

A Progressive Alternative to Populism

PPI Unveils New Blueprint for Shared Prosperity

WASHINGTON—The Progressive Policy Institute (PPI) today released Unleashing Innovation and Growth: A Progressive Alternative to Populism, a new blueprint for renewing America’s economic dynamism.

The plan offers an array of creative proposals for accelerating the “digitization” of the physical economy; lowering regulatory obstacles to innovation and entrepreneurship; launching a new public works push; adopting pro-growth tax reform; grooming the world’s most talented workers; and enabling working families to escape poverty and build middle class wealth.

The blueprint also takes aim at the populist anger that has figured prominently in campaign 2016:

…[P]opulists do Americans no favors by claiming the economic game is hopelessly rigged against them, that the leaders they elect are incompetents, or that our democracy is rancid with corruption. None of these claims is true, and such demagoguery undermines public confidence in America’s boundless capacity for self-renewal. Populist anger fosters an ‘us versus them’ mentality that, by reinforcing political tribalism and social mistrust, can only make it harder to build consensus around economic initiatives that benefit all Americans.

“We believe progressives owe U.S. voters a hope-inspiring alternative to populist outrage and the false remedies of nativism, protectionism and democratic socialism,” writes Will Marshall, PPI President.

“I encourage anyone looking for optimistic ideas to create more jobs, wealth, and prosperity for hard working Americans to read PPI’s new report using innovation to spur growth,” said Congressman Ron Kind (D-Wis.), Chairman of the New Democrat Coalition. “This report is full of forward thinking policy initiatives that help grow the American economy.”

“In the midst of today’s populist uprising, it’s up to our leaders to recognize the real reasons why our economy isn’t working for everyone and to fight for effective solutions,” said Governor Jack Markell (D-Del.). “PPI’s blueprint gives policymakers a roadmap to create opportunity for all Americans by harnessing the unstoppable forces of globalization and technological innovation, while opposing the impractical, and sometimes dangerous, proposals offered by the political extremes.”

The anger on which populists feed is rooted in a real economic problem: America has been stuck in a slow growth trap since 2000. This long spell of economic stagnation has held down wages and living standards and shrunk the middle class. What the nation needs is a forward-looking plan for moving the U.S. economy into high gear. Instead, as the PPI blueprint notes, today’s populists peddle nostalgia for our country’s past industrial glory but offer few practical ideas for building new American prosperity in today’s global knowledge economy.

Unleashing Innovation and Growth seeks to fill this vacuum in the presidential campaign, offering bold ideas for unleashing the collective ingenuity of the American people—harnessing disruptive change, raising skills, lowering tax and regulatory barriers to individual initiative and creativity, and experimenting with innovative ways to rebuild middle class wealth and enable more Americans to exit poverty.

Summary of Key Proposals

Unleash Innovation
• Spread innovation across the economy: Adopt a new “Innovation Platform” aimed at stimulating public and private investment in new ideas and enterprises, and at diffusing innovation across the entire economy.
• Improve the regulatory climate for innovation: Tackle the mounting costs of regulatory accumulation, the constant layering of new rules atop old ones; Make systemic changes to regulatory agencies to make promoting investment, innovation and new enterprises part of their core mission; Rein in occupational licensing requirements that screen out many low-income entrepreneurs; Lift outdated restrictions on lending to small business; give businesses incentives to offer more flexible work, including paid leave.
• Innovate our way to clean growth: Implement a more innovative energy strategy that simultaneously advances two vital interests: powering economic growth and assuring a healthy environment; Recognize that, for the foreseeable future, the U.S. and the world will have to tap all fuels—renewable, nuclear, and fossil—to meet growing energy demand and sustain global economic growth; Institute a nationwide carbon tax to curb greenhouse emissions while driving investment to clean and efficient energy.
• Democratize trade: Sell more of America’s highly competitive exports to a growing global middle class; promote the free flow of data across global borders; support innovative trade agreements, like the Trans-Pacific Partnership (TPP), that lift labor, environment and human rights standards in developing countries and enable more Americans to benefit from trade; Seize new opportunities for U.S. small businesses and entrepreneurs to use low-cost digital platforms to tap into global growth.

Align Fiscal Policy with Innovation and Growth
• Embrace pro-growth tax reform: Advocate for a dramatic shift from income to consumption taxes to stimulate investment in productive economic activities rather than those favored by the current tax code; Close loopholes that benefit special interests and dramatically simplify taxes for most Americans; Raise enough money to cut corporate income taxes down to globally competitive levels, and reduce taxes that penalize innovation and hiring.
• Modernize public works: Accurately measure the true economic impact of infrastructure spending; open infrastructure markets to private capital; define a strategic role for Washington through a national infrastructure bank; impose firm deadlines on project approvals and licensing process.

Groom the World’s Most Talented Workers
• Reinvent public school: Champion new models of school governance that enable more school autonomy and innovation, more customized learning, rigorous standards, and genuine accountability and results.
• Create new pathways into middle class jobs: Create a more promising approach to “career pathways” by combining classroom training and work experience through a sequence of jobs, within or across firms in an industry, and a sequence of credentials that signal their growing skill levels.
• Cut college costs for everyone: Rein in costs and decrease debt by encouraging colleges to offer three-year degrees rather than the traditional four-year program and focus policies on competency, rather than credit hours.

Build Middle Class Wealth
• Narrow the wealth gap with universal pensions: Champion “universal pension” accounts that would enable all workers to save for retirement, navigate the maze of tax-favored retirement plans, and take their pensions with them when changing jobs.
• Help families save for homeownership: Tackle the twin problems of declining homeownership and souring housing costs for both owners and renters by creating a new, tax-preferred mechanism for down payment savings—“Home K”—to lower obstacles to homeownership, like tight credit and down payment requirements, for first-time homebuyers and to promote savings.

Fight Poverty with Empowerment
• Empower people with smart phones: Use modern technology to cut through bureaucratic barriers to government safety net programs, consolidate benefit streams, enable people living in poverty more access to the information they need, and apply online for social supports; Encourage federal, state, and local governments to create online H.O.P.E. (Health, Opportunity, and Personal Empowerment) accounts and action plans.
• Expand housing choices for low-income Americans: Convert some federal rent subsidies into incentives for homeownership to relieve the burden on low-income families of high housing costs and reduce the waiting list for subsidized housing, without raising taxes or adding to the federal deficit.

Download Unleashing Innovation and Growth: A Progressive Alternative to Populism.

Unleashing Innovation and Growth: A Progressive Alternative to Populism

As Americans choose a new president in 2016, populist anger dominates the campaign. To hear Donald Trump or Senator Bernie Sanders tell it, America is either a global doormat or a sham democracy controlled by the “one percent.” These dark narratives are caricatures, but they do stem from a real dilemma: America is stuck in a slow- growth trap that holds down wages and living standards. How to break this long spell of economic stagnation is the central question in this election.

Today’s populists peddle nostalgia for our country’s past industrial glory but offer few practical ideas for building a new American prosperity in today’s global knowledge economy. Progressives owe U.S. voters a hopeful alternative to populist outrage and the false panaceas of nativism, protectionism, and democratic socialism. What America needs is a forward-looking plan to unleash innovation, stimulate productive investment, groom the world’s most talented workers, and put our economy back on a high-growth path. It’s time to banish fear and pessimism and trust instead in the liberal and individualist values and enterprising culture that have always made America great.

Download Unleashing Innovation and Growth: A Progressive Alternative to Populism

Washington Post: The new Democratic Party proposal to rival Bernie Sanders’ socialism

Simplicity is one of Bernie Sanders’ great strengths: Corporations and the rich have rigged the economy. His solutions sound simple, even when the plans behind them are complicated: college for all, health care for all, tax the rich, break up big banks. He trails Hillary Clinton in presidential delegates to this point, and he remains an underdog for the Democratic nomination, but Sanders has already pulled Clinton, and the party, toward a more populist, more socialist policy agenda, thanks in part to that clarity of message.

The centrist Democrats who oppose that leftward lurch have struggled to match his simplicity. They tend to view the economy through a lens of skills and adaptation, not power and treachery. Many of them pushed in the 1990s, under President Bill Clinton, to expand global trade and deregulate the financial sector. They now concede those efforts did not go according to script, particularly for middle-class workers, but they are not calling for a full rewrite in response.

Their risk, in this election and moving forward, is to define themselves solely as anti-Democratic-socialist – the folks who don’t like the stuff that a lot of Democrats like about Sanders.

The Progressive Policy Institute is the latest centrist Democratic institution to try to counter that image. Today it will release what its president, Will Marshall, calls a “radical” agenda to get America working for the working class again. The report is called “Unleashing Innovation and Growth: a Progressive Alternative to Populism,” and it is organized around a straightforward, if not perfectly simple, principle.

Read more at The Washington Post

Federal Agencies Should Investigate on Reasonable Fears, But Regulate on Science

In November, the Food & Drug Administration approved for the first time a modified, fast-growing salmon for human consumption. More than five years ago, FDA accepted a risk assessment’s conclusion that the modified fish was safe to eat and posed no threat to the environment. The FDA re-opened the process for additional comment because critics challenged the science, among other things. This landmark decision to go forward spotlights two key issues: the importance of assuring scientific integrity of government regulations, and a key difference between how North American regulators view science from their European counterparts.

Major enhancements in human and environmental health impact studies have allowed regulators to dive deeper into scientific determinations, but they also have given partisans tools to obfuscate the dialogue. In litigation, important causation decisions are expected to be based on battles of opposing experts, but the regulatory process is supposed to be less partisan where subjective agendas are set aside for real science. People must believe FDA, for example, when it approves a drug as safe and effective for its labeled indications. When the Environmental Protection Agency, Center for Disease Control or other agency issues exposure guidelines for potentially harmful substances, it should reflect the best scientific knowledge. Scientific understanding evolves, and these regulations and standards should reflect those advancements.

For progressives, the importance of this process is more than just assuring that regulations are appropriately tailored to known risks. It is essential for protecting the integrity of the government and the regulatory process itself. Thus, while competing viewpoints on the science may infect submissions to federal agencies, just like they do in court, it is the agencies’ responsibility to make decisions that are not unduly influenced by partisans on any side. Submissions from all stakeholders, including both for and against industry, should be treated with the same scrutiny so that agencies are not unduly influenced by anyone’s tainted lenses.

For modified salmon, reopening the investigation affirmed the initial results. A few years ago, the Canadian Environment Minister reversed course when reopening its rulemaking on siloxanes. Siloxanes have been used since the 1940s in a variety of household products, including deodorants, shampoos and cosmetics. It gives these products a smooth, non-greasy texture that helps in their applications. When the products are used, the siloxanes either evaporate into the air or wash off and go down the drain.

In the early 2000s, scientists in Norway developed computer modeling suggesting that siloxanes, namely those known as “Siloxane D5,” could have adverse environmental impacts. Computer modeling has become an increasingly useful tool in assessing health and environmental risks, but it has obvious limitations given that it is not based on actual results such as epidemiological studies. In 2006, Canadian officials began reassessing its rules for Siloxane D5. In 2009, Canada issued a proposed order to add Siloxane D5 to its Toxic Substances List, which much like California’s Proposition 65 leads to significant restrictions on product use.

Before the new rule took effect, the Silicones Environmental Health and Safety Council of North America filed a Notice of Objection requesting an expert Board of Review to investigate the integrity of the modeling. Canada’s Minister of the Environment appointed three independent, highly respected toxicologists to this review panel. This was the first time an official Board of Review was used in Canada since it adopted this process for potentially serious and irreversible threats in 1999. The panel conducted a multi-disciplinary evaluation of the nature and extent of any hazards posed by D5 to the environment and biological diversity.

In 2011, the Board of Review issued a report concluding that the modeling used to predict Siloxane D5 in the environment was wrong. What they found was that regardless of whether Siloxane D5 entered the environment in the ground or air, it migrates to the air and degrades rapidly. As a result, “it is virtually impossible for Siloxane D5 to occur in any environmental matrix at concentrations sufficient to produce harm to the environment,” and that “Siloxane D5 does not pose a danger to the environment or its biological diversity.”

The Board further found that a key error in the modeling was that it used other types of silicone as surrogates for the physical and chemical properties of Siloxane D5. It then recommended better transparency for how modeling is developed and that agencies have better means for reviewing regulations to make sure they reflect the best scientific knowledge. In 2012, the Canadian Minister of the Environment endorsed the findings and removed Siloxane D5 from its list of toxic substances.

Last summer, the Norwegian scientists at the center of the allegations reportedly acknowledged that field studies showed conflicting results. The article from the High North Center for International Climate and Environmental Research that included the scientists’ remarks ironically was published around the same time that European regulators decided to move forward with their own restrictions on siloxanes. European regulators should learn from Canada and look beyond modeling. Just last year, the U.S. Trade Representative called out European regulators on genetically modified foods and feed, saying they were “ignor[ing] science-based safety and environmental determinations.”

In the end, what matters most is getting the science right. With modified salmon and siloxanes, U.S. and Canadian officials demonstrated this point by re-opening an investigation to assure a thorough understanding of the science. Like the scientific process itself, this approach to regulation encourages good faith skepticism, honest debate, and confidence in the regulations themselves. Most people, whether in Canada, Europe or the United States, understand that government investigations may be based on suspicions, but regulations must be based on science.

This is cross-posted on the Huffington Post.

CPP Loses Its Steam

The Supreme Court, in a 5-4 decision, has slammed the brakes on President Obama’s Clean Power Plan (CPP). It’s a major setback for the administration, which held up the CPP at last December’s Paris climate summit as proof of America’s commitment to sharply reduce greenhouse gas emissions by 2030. The White House believes the plan helped to persuade China and India to promise large reductions of their own.

The ruling bars the Environmental Protection Agency from putting into effect regulations that would cut greenhouse gas emissions from power plants. That’s to give the U.S. Court of Appeals for the DC Circuit time to consider challenges to the CPP from 26 states and energy companies that have opposed the regulations on several grounds, including whether the EPA has the legal authority to impose such comprehensive regulatory requirements on existing power plants under the Clean Air Act.

After Congress failed to pass carbon cap and trade legislation in 2010, President Obama decided to use his executive powers to direct EPA to regulate carbon as a pollutant. It now appears that the White House erred in putting all of its carbon reduction eggs in the basket of an executive order. Top-down rulemaking by the EPA was always the fallback or second-best choice, after a carbon tax or cap and trade system. Now, depending on what happens in the courts, Obama may leave office without having a clear proposal for curbing U.S. emissions.

PPI supported the CPP on the basis that something is better than nothing. But we have always believed that a market-based solution that puts a price on carbon is more efficient and more comprehensive than command and control regulation from Washington.

In fact, the EPA has a history of making rules that trail behind market developments. It imposed Acid Rain rules after electric utilities had begun to comply with air quality controls. Similarly, the CPP rules come amidst a dramatic transformation of the electricity sector brought about mainly by cheap natural gas and distribution wind and solar generation. These factors already are cutting greenhouse gas emissions and are likely to go on doing so.

The Clean Power Plan was envisioned as a “worst case” scenario that the electric utility sector could avoid by pressing Congress instead to pass cap and trade or a carbon tax. But the utilities recognized that, because the CPP wasn’t sanctioned by Congress, it would always be vulnerable to legal challenge. And that’s where we are today.

Even if the CPP survives in the courts, it will not enable the United States to meet its Paris commitments because it only covers emissions in the utility sector, as the CPP alone is only expected to account for a quarter of the carbon reductions outlined in those commitments. In the end, there’s really no substitute for putting a price on carbon, which will both discourage the use of fossil fuels across the entire economy and drive investment to renewable energy and clean tech.

Democracy: A New Kind of Public Works

Barack Obama is thinking big as his presidency enters the final stretch. The centerpiece of his last budget, unveiled this week, is a $300 billion plan for a “clean transportation system”—the biggest federal infrastructure push since President Eisenhower launched the interstate highway system. Here at last is a fix that’s equal to the magnitude of America’s immobility crisis. In polarized Washington, however, it’s going nowhere.

Obama’s proposal would effectively double U.S. transportation spending, paying for it with a $10-per-barrel oil tax. There’s no way a Republican-dominated Congress will vote for a new energy tax, even with oil prices down to around $30 a barrel. House Speaker Paul Ryan already has dismissed the plan as “an election-year distraction.” Nor can the White House expect many Democratic candidates to rally around what is essentially a middle-class tax hike.

Obama, the arch realist, knows all this. But he seems determined to ensure that two issues on which he’s made frustratingly little headway—clean energy and infrastructure investment—stay high on the nation’s political agenda. And if his visionary proposal injects these issues into campaign 2016, so much the better.

It’s hard to imagine a more urgent national priority than modernizing America’s decrepit transportation and water systems and updating our energy-wasting electrical grid.

With our economy stuck in low gear six years into “recovery,” making such investments now should be a no-brainer. It’s a proven way to create good middle-class jobs, boost the productivity of U.S. businesses and workers, and lay new foundations for future growth.

The deterioration of our country’s economic infrastructure has long been glaringly obvious, but U.S. political leaders have failed to coalesce behind policies for reversing it. A big reason is that Congress is controlled by a new breed of Republicans who regard all federal spending with kneejerk hostility. Conservative lawmakers seem to have lost the ability to distinguish between investments that generate tangible economic returns to society and spending that fuels present consumption.

Continue reading at Democracy.

Forbes: U.S. Energy Policy Now Reflects Our Energy Reality

Discussing U.S. energy policy, Forbes contributor Bringham A. McCown utilized a recent report by PPI’s Dr. Michael Mandel:

In fact, the energy industry is generating more revenue for this country than ever before. A recent report released by the Progressive Policy Institute (PPI) showed six out of the top 25 companies that invested in the U.S. are energy companies. In all, those six companies, ‘had a total domestic capital expenditure of $43.6 billion, which is an increase of nine percent from last year.’ While the U.S. economy most greatly benefits from the direct financial investments that the energy industry has produced to date, removing the final prohibition to trading oil on the global markets will produce positive externalities. These benefits will manifest as innovative enhancements to safety and security for domestic infrastructure, which will ultimately increase efficiency and generate energy savings.

Read the article in its entirety at Forbes.

Agenda 2016: Reviving U.S. Economic Growth

The Progressive Policy Institute (PPI) teamed up with Columbia University’s Richard Paul Richman Center for Business, Law, and Public Policy to co-host a compelling symposium Nov. 6-7 in New York on revitalizing the U.S. economy. The event featured a distinguished roster of Richman Center economists and scholars, as well as PPI analysts and special guests, and more than two-dozen top policy aides to Members of Congress, Governors, and Mayors.

Held on Columbia’s Manhattan campus, the symposium examined the U.S. economy’s recent performance, as well as the causes of the long-term decline of productivity and economic growth. Against the backdrop of the 2016 election debate, the participants grappled with specific ideas for unleashing more economic innovation, modernizing infrastructure, reforming taxes, improving regulation, expanding trade and reducing inequality by ensuring that all children have access to high-quality public schools.

The discussions, which were off-the-record to encourage maximum candor, featured the following speakers and topics:

  • An overview of the U.S. economy’s recent performance by Abby Joseph Cohen, President of the Global Markets Institute and Senior Investment Strategist at Goldman Sachs.
  • A roundtable on key elements of a high-growth strategy, led by Michael Mandel, Chief Economic Strategist at PPI, Andrew Stern, former head of the Service Employees International Union and now Ronald O. Perelman Senior Fellow at the Richman Center, and
Philip K. Howard, Founder of Common Good, a nonpartisan reform coalition. The conversation touched on ways to improve the regulatory environment for innovation, including reducing regulatory accumulation and requiring faster permitting for big infrastructure projects, as well as a lively debate on the future of work in a tech-driven knowledge economy.
  • An insightful macroeconomic analysis of why productivity and economic growth have slowed, by Pierre Yared, Associate Professor at the Columbia Business School and Co-director of the Richman Center. Yared highlighted three potential contributors to the slowdown: labor demographics and participation; “capital intensity” or business investment; and the “production efficiency” of U.S. companies.
  • A detailed examination of the impact of energy innovation—from the shale boom to renewables and the construction of a new, “smart” grid—on jobs and economic growth. Leading this segment were Jason Bordoff, formerly energy advisor to President Obama and Director of Columbia’s Center on Global Energy Policy, and Derrick Freeman, Director of PPI’s Energy Innovation Project.
  • A dinner conversation at the Columbia Club with Edmund Phelps, the 2006 Nobel Laureate in Economics and Director of Columbia’s Center on Capitalism and Society at Columbia University. Drawing on his recent book, Mass Flourishing: How Grassroots Innovation Created Jobs, Challenge and Change, he stressed the importance of indigenous innovation in creating the conditions for broad upward mobility. He also emphasized the crucial role of “modern” or individualistic cultural values in sustaining the mass innovation and entrepreneurship America needs to flourish again.
  • A detailed look at business taxation and reform as a potential driver of economic growth. It featured Michael Graetz, Alumni Professor of Tax Law at Columbia Law School, David Schizer, Dean Emeritus and the Harvey R. Miller Professor of Law and Economics at the Columbia Law School and Co-director at the Richman Center, as well as PPI’s Michael Mandel. The discussion ranged widely over global tax frictions, including the OECD’s new “BEPS” project; the need for corporate tax reform; “patent boxes” and mounting U.S. interest in consumption taxes.
  • A roundtable on trade and productivity growth with Ed Gerwin, PPI Senior Fellow for Trade and Global Opportunity and the versatile Michael Mandel. Noting President Obama’s controversial call for a Trans-Pacific Partnership, Gerwin stressed the agreement’s potential for “democratizing” trade by making it easier for U.S. small businesses to connect with customers abroad. Mandel underscored another PPI priority: raising awareness among policymakers of the growing contribution of cross-border data flows to growth here and abroad, and the need to push back against proposals that would impede “digital trade”
  • A luncheon presentation on “financial regulation after the crisis” by Jeffrey Gordon, Richard Paul Richman Professor of Law at Columbia Law School and Co-director of the Richman Center. Gordon described the new regime put in place by Dodd-Frank and other rules to guard against “systemic risk” of another financial meltdown, and suggested its “perimeter” may been to be expanded beyond banks.
  • The symposium’s final panel featured a vigorous discussion on K-12 education reform and the economy. The discussants were Jonah Rockoff, Associate Professor at the Columbia Business School and David Osborne, who directs PPI’s Reinventing America’s Schools Project, and is a co-author of the seminal “Reinventing Government.” Rockoff highlighted research showing that the returns to school improvement are enormous, and recommended reforms that could increase school quality. Osborne traced the evolution of school governance in America, and offered detailed looks at new models emerging in cities like New Orleans and Washington, D.C., both of which are leaders in the public charter school movement.

The symposium gave the policy professionals who participated a rare opportunity to delve deeply into complicated economic realities, guided by presenters of extraordinarily high caliber. The conversations were highly illuminating and will inform PPI’s work on Agenda 2016—a new blueprint for reviving U.S. economic dynamism and opportunity.

RealClearEnergy: Nuclear Power Going Dark in New England

The U.S. commercial nuclear fleet will shrink by one more plant, as Entergy Corp. recently announced its plans to close the Pilgrim Nuclear Power Station in Plymouth, Mass. While some environmental and anti-nuclear activists are no doubt popping corks, it’s bad news from a climate perspective.

And it’s part of a trend. Pilgrim is the fifth nuclear power station slated for shuttering over the past two years. Entergy, which announced it would shut down Vermont Yankee in 2013, cites falling revenues and rising operational costs for its decision to close Pilgrim. What’s happening in energy markets that’s tilting the playing field against nuclear power?

For the last few years, nuclear industry leaders have warned that decreasing electricity demand, low natural gas prices, and price regulation are making it uneconomical to keep small nuclear plants (600 megawatts or less) up and running. Specifically, they complain that regulators don’t allow them to reap the full value of the services nuclear energy brings to consumers — reliability, efficiency and grid stability which permits the smoother integration of renewable energy. That makes it difficult to defray operations and maintenance costs, which have risen because of new regulations imposed by the Nuclear Regulatory Commission after Japan’s Fukushima crisis.

The economic viability of nuclear power plants is also threatened by state energy policies that subsidize renewable energy projects. For example, Entergy cited a Massachusetts proposal that would require utilities to buy hydro-electric power from Canada at above-market prices. The amount of electricity they would be required to buy would amount to about one-third of the state’s electricity demand.

Continue reading at RealClearEnergy.

 

The Daily Beast: Will Iran Get a Better Deal Than U.S. Oil?

As Congress takes up the Iran nuclear deal next month, it ought to confront this paradox: The agreement allows the Iranians to do something Americans can’t—sell oil to the rest of the world.

Don’t get me wrong. I support the deal, under which Tehran would stop enriching weapons-grade uranium for the next 15 years in return for relief from economic sanctions. It’s not perfect, but President Obama is right that it’s better than what we’d have if his conservative critics got their way—no deal, leaving the Islamic Republic on the brink of acquiring nuclear weapons.

Still, freeing Iran to crank up its oil exports stands in stark incongruity to what’s happening here at home. Domestic oil production has soared by an amazing 68 percent over the past decade, yet we can sell very little of it abroad thanks to outdated laws banning U.S. oil and gas exports.

Passed during the energy crisis of the 1970s, these laws were intended to protect the nation’s then-dwindling oil and gas resources as a strategic reserve against supply disruptions like the Arab oil embargo. But the premise used to justify this deviation from our country’s free trade principles—energy scarcity—has been shattered by America’s shale boom.

Continue reading at the Daily Beast.