Foreign Policy.
No wonder U.S. President Barack Obama hopped on a flight to Europe this week. On June 2, when his environmental chief rolled out a massive proposed rule that would force power plants to cut carbon dioxide emissions 30 percent by 2030 (relative to 2005 levels), Republicans vied to lambaste the plan, which House Speaker John Boehner dismissed simply as "nuts." In Europe, Obama can expect a kinder reception. The European Union climate chief, Connie Hedegaard, hailed the proposal as the "strongest action ever taken by the U.S. government to fight climate change" — even as she urged every country, the United States included, to do "even more."
But amid the hullabaloo, everyone is forgetting a key detail: Actions by the executive branch are only as strong as the next presidential election. The regulations, which target coal plants in particular, can always be rolled back by a new administration. Just ask Australia and British Columbia, where, at this very moment, politicians are rejiggering their predecessors' strong carbon policies. And as U.S. environmental rules go, the carbon one may be especially easy to knock down because of its late implementation schedule — this week's proposal, from the Environmental Protection Agency (EPA), calls on states to have a plan for implementation in place by 2016, with actual emissions reductions not required until 2020.
"Even if the Obama administration is able to adopt stringent new rules, and such rules survive court challenge, they could be vulnerable to revision by future administrations," said Jonathan Adler, who directs Case Western Reserve University's Center for Business Law & Regulation. Rolling back the power plant measure wouldn't be a snap, because it would require time-consuming steps like a public comment period. But a future administration wanting to void it in a hurry will have a clear precedent, Adler said: The Obama administration's expanded use of executive-branch discretion.
"If a Republican president were to build upon these precedents, that president would 1/8have3/8 a far-reaching authority to, in effect, waive existing regulatory requirements while building support for regulatory or legislative changes," he said. In other words, Obama's eagerness to use executive authority — the implementation of Obamacare being a classic example — could come back to haunt him, if a Republican takes over. And make no mistake, Republicans will run on the issue, even as environmentalists are gearing up to champion climate change action in the hopes of wooing the general public. The likes of Sen. Rand Paul, Ky., and Texas Gov. Rick Perry are probably thinking up campaign zingers even now, to rouse the electorate against higher electric power prices and federal overreach.
So the risk is that carbon policies can be politically fickle, and in the arena of global climate change regulations, there is precedent. Australia and British Columbia both adopted aggressive carbon regulations years ago, only to see a change of government, and new economic considerations, prompt a rethink.
In Australia, Kevin Rudd of the Labor Party — who had once described climate change as the "great moral challenge of our generation" — was elected prime minister in 2007 and tried and failed to push cap and trade through the parliament during his administration (sound familiar?). Then, as a workaround, Rudd and his successor, Julia Gillard (also of the Labor Party), pushed through a carbon-pricing scheme, now known as a carbon tax, which took effect in 2012. The next year, Rudd was back in office — albeit briefly — as prime minister. By that time, Labor was under heavy political fire from the more rightward Liberal Party, which howled about how the "toxic tax" did nothing more than damage the economy and send up home electricity prices. And the party's backpedaling began. Admitting that a carbon tax was the wrong move politically, Rudd tried to engineer a switch to a cap-and-trade scheme, which would offer more flexible pricing to companies affected by a carbon tax system.
But it was too late: Soon Rudd was out, and the Liberal Party, now in power, set out to dismantle the carbon tax. This summer, the Australian Parliament — more conservative than in Rudd's time — will decide the fate of the tax (a repeal is widely expected), and whether there will be a replacement scheme, called a "reverse-auction process," that many fear will be inadequate. Though this process is incredibly complicated, the elevator pitch comes down to: Companies will compete to sell emissions-abatement credits back to a government fund. The bottom line is that carbon pricing is going away.