Gregg Easterbrook is at it again. On Wednesday, the New York Times published an op-ed that contains his usual apologia for Bush administration environmental policy. Easterbrook has a long history of trying to pass himself off as an environmentalist, while also trying to claim that Bush's policies are actually good ideas for protecting the environment. His latest work, "Clear Skies, No Lies," claims that Bush's proposal to modify the Clean Air Act, dubbed by Bush as the "Clear Skies" initiative, is "sound and deserves support."
Alas, Easterbook's argument is not sound, and given its prominent place of publication, it deserves close inspection.
Easterbrook claims that Bush's proposal has three highlights: (1) It would cut
pollution significantly and cheaply; (2) it would discourage lawsuits;
(3) it would serve as a model for future regulation of greenhouse
gases. Let's examine his argument for each of these.
The first point is a red herring. Bush's plan indeed cuts pollution, but by far less than current law calls for. The primary argument against the Bush plan is that it represents a weakening of the current Clean Air Act—that if Bush's plan is implemented people will be breathing more pollution for a longer period of time, thus undermining public health and quality of life.
Easterbrook barely addresses these issues. In fact, he appears to concede them grudgingly:
Opponents of Clear Skies rightly note that existing Clean Air Act
language already mandates somewhat greater reductions than the Bush
plan - for instance, a 93 percent cut in sulfur dioxide from the levels
in 1970, versus Clear Skies' 90 percent - and that the reductions must
be complete by 2012, rather than by 2018 as in Mr. Bush's bill.
Easterbrook's phrasing cleverly disguises the fact that, using his own numbers, Bush's plan would allow 40% more sulfur dioxide than the current Clean Air Act, and nearly doubles the timetable for achieving reductions from 7 years to 13 years. Easterbrook also doesn't mention any numbers for mercury emissions, which Bush's plan relaxes caps on by a huge factor. About mercury, the Sierra Club says:
The EPA estimates that enforcement of existing toxic air pollution
protections in the Clean Air Act will limit mercury pollution to 5 tons
per year by 2008. The Bush Administration’s plan weakens the limit to
26 tons per year by 2010 – allowing 520 percent more mercury pollution.
So, since Easterbrook knows his first point is not a good argument, he relies on his second—that the Bush plan will allegedly reduce lawsuits and thus improve the speed and cost with which emissions reductions are met:
But here's the rub: the existing Clean Air Act, though successful,
is a complex set of rules that requires a case-by-case drawing up of
plans for states, localities and even individual power plants. A raft
of lawsuits often accompanies every Clean Air Act regulation - it is
common for both industry and environmental organizations to sue to
block the same set of rules. This is why, on average, it takes about a
decade to complete a Clean Air Act rulemaking.
The Clear Skies
plan would replace that case-by-case system with a streamlined "cap and
trade" approach. This plan simply sets an overall reduction for the
power industry as a whole, then leaves it up to companies and plant
managers to decide for themselves how to meet the mandates, including
by trading permits to one another.
In practice, cap-and-trade
systems have proved faster, cheaper and less vulnerable to legal
stalling tactics than the "command and control" premise of most of the
Clean Air Act. For example, a pilot cap-and-trade system, for sulfur
dioxide from coal-fired power plants, was enacted by Congress in 1990.
Since then sulfur dioxide emissions have fallen by nearly a third (the
reason you hear so little about acid rain these days is that the
problem is declining - even though the amount of combustion of coal for
electricity has risen.)
A pleasant surprise of that 1990
program was that market forces and lack of litigation rapidly drove
down the predicted cost of acid-rain controls. Now Mr. Bush proposes to
apply the same cap-and-trade approach to the entire power industry, in
the hope that market forces and fewer lawsuits will lead to rapid,
relatively inexpensive pollution cuts.
Alas, this argument is also a red herring. Even if all these alleged benefits of a cap-and-trade approach were to be realized, the pollution reductions achieved under the Bush plan would be far less than under current law. If cap-and-trade is so great, we should be implement it using the same emissions targets that the Clean Air Act calls for. And if cap-and-trade is not so great, we should not replace the current system, that even Easterbrook acknowledges has been tremendously successful over the last few decades.
Of course, the cap-and-trade system, even in an ideal case, has at least one severe drawback that Easterbrook fails to mention. Again, the Sierra Club:
Even if the plan caused some net reductions in pollution, many
communities would still be threatened by more pollution. Why should
some local communities be left behind?
Easterbrook then brings up another hypothetical benefit of the Bush plan:
Here is the real beauty of the Clear Skies plan, something that even
its backers may not see: many economists believe that the best tool for
our next great environmental project, restraining greenhouse gases,
will be a cap-and-trade system for carbon dioxide. Should President
Bush's plan prove that the power industry as a whole can be subjected
to a sweeping cap-and-trade rule without suffering economic harm or
high costs, that would create a powerful case to impose similar
regulation on carbon dioxide, too.
Here, Easterbrook goes completely off the deep end. First, according to Easterbrook's earlier comment, the cap-and-trade approach has already proven successful. If so, why does it still need to be demonstrated? Second, the power industry itself is a major backer of the current Bush cap-and-trade plan. Yet they still want no part of any regulation, even by cap-and-trade, of carbon dioxide. So this argument makes no sense, even in Easterbook's parallel universe where the Bush administration is dying to do something about greenhouse gases and where industry loves to happily go along with sweeping new regulations.
After going off the deep end, Easterbrook closes with distortion and deception:
Though you'd never know it from the press coverage, the
administration's idea has respectable support - from the National
Research Council, which is a wing of the National Academy of Sciences,
and from the former Environmental Protection Agency administrator
Christie Whitman, who since leaving the administration has become a
leading critic of the Republican right.
Distortion: Christie Whitman supports the Bush plan? I'm shocked, truly. After all, she only worked for Bush for three years. She is not the independent figure that Easterbooks tries to paint her as.
Deception: I guess Easterbrook doesn't want us to examine press coverage of the National Research Council's viewpoints on this matter, but I did anyway and found an article from late January from Chemical & Engineering News. The title: 'Clear Skies' A Dirtier Policy:
NRC says President's plan unlikely to cut emissions as much as current law. An excerpt:
President George W. Bush's plan to reduce air pollution would likely curb emissions less than current law does, an interim report by the National Research Council (NRC) says.
The
report, released on Jan. 14, scrutinizes a part of the Clean Air Act
that requires industry to install modern pollution controls when plants
built before 1970 make renovations that increase emissions. That
section of the law, called new source review (NSR), applies to chemical
plants, utilities, and other industrial facilities.
NRC
also examines Bush's proposed Clear Skies program, which is a
cap-and-trade program for reducing sulfur dioxide, nitrogen oxides, and
mercury emissions at coal-fired power plants. The report says it is
"unlikely that Clear Skies would result in emission limits at
individual sources that are tighter than those achieved when NSR is
triggered at the same sources.
"In general, NSR
provides more stringent emission limits" for industrial air pollution
than do other programs, including the Bush initiative, it adds.
Truly pathetic that Easterbrook had such a hard time coming up with an independent supporter of Bush's plan that he had to resort to trying to mislead his readers.
Fortunately, despite the hackery of administration tools like Easterbrook, the Bush Cloudy Skies plan is not having an easy time of it in the Senate this week:
WASHINGTON -- Senate Republicans on Wednesday
postponed for two weeks a key committee vote on the White House-backed
"clear skies" bill after they realized that the divisive legislation
would not be approved.
All eight of the Democrats on the
18-member Senate Environment and Public Works Committee had planned to
vote against the bill. Sen. Lincoln Chafee, R-R.I., was expected to
break ranks with his GOP colleagues to oppose the bill as well.
That would have killed the
legislation on a 9-9 split and embarrassed President Bush, who has been
pushing for the measure for more than two years.
I guess the GOP has some hopes of bullying Chafee or a solitary Dem on that committee over the next two weeks. Here are the Senators we need to make sure hear from us on this matter:
Lincoln Chafee (R-RI)
James Jeffords (I-VT)
Max Baucus (D-MT)
Joe Leiberman (D-CT)
Barbard Boxer (D-CA)
Thomas Carper (D-DE)
Hillary Clinton (D-NY)
Frank Lautenberg (D-NJ)
Barack Obama (D-IL)
I like our chances of killing this bill.
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