By Kevin D. Williamson
Monday, June 23, 2014
The Environmental Protection Agency has won a victory at
the Supreme Court, with a solid majority of the justices, including Antonin
Scalia and John Roberts, signing off on its regulation of greenhouse gases
emitted by power plants and other entities already subject to its permitting
process. In a separate ruling, the Court forbade the EPA from extending its
scope to entities not currently under its jurisdiction based solely on expected
greenhouse-gas emissions. President Barack Obama’s plan to issue a presidential
fiat requiring that states reduce their greenhouse-gas emissions by 30 percent
will not affected by the rulings. Justice Scalia warned the EPA not to get
ahead of itself: “Our decision should not be taken as an endorsement of all
aspects of EPA’s current approach,” he wrote, “nor as a free rein for any
future regulatory application” of the so-called Best Available Control
Technology (BACT) rules. Instead, “our narrow holding is that nothing in the
statute categorically prohibits EPA” from implementing its contemplated
greenhouse-gas controls.
So, a limited victory, but a victory nonetheless on the
fundamental matter of using the Clean Air Act — a piece of legislation intended
to fight air pollution in the form of ground-level ozone, sulfur, lead,
particulate matter, and the like — to empower the agency to regulate carbon
dioxide and other greenhouse gases on the theory that doing so will help
prevent or reduce global warming, an issue that is separate from the questions
of smog and industrial toxins that the Clean Air Act was written to address.
When the administration’s emissions-reduction rules were
announced, EPA administrator Gina McCarthy described the issue in the habitual
progressive language of crusade: “We have a moral obligation to act,” she said.
Do we?
Global warming, or global climate change, if you prefer,
is, as the name indicates, a global phenomenon. The United States is, according
to the Department of Energy’s Carbon Dioxide Information Analysis Center,
responsible for about 14 percent of the world’s carbon-dioxide emissions, not
bad for a country that produces 22 percent of the world’s economic output. The
generation of electricity, according to the EPA, is the source of just under
one-third of U.S. greenhouse-gas emissions — 32 percent, to be precise. Given
the trends in the rest of the world, especially in China and India, this
reduction, if achieved, would be minuscule by global standards, 30 percent of
32 percent of 14 percent of global emissions, or about 1.3 percent.
It would not result, or come close to resulting, in an
overall reduction in global emissions of carbon dioxide specifically or of
greenhouse gases as a group, because it will be more than offset by increased
consumption of fossil fuels in the rest of the world. The proposed reduction
amounts to less than the year-to-year variations associated with economic
trends, and adds up to a fraction of the emissions associated with, e.g., the
cement industry — the product of which is consumed primarily in the developing
world, whose leaders have made it abundantly clear that they are not going to
let their very poor citizens be made hungrier and colder and more ill-housed
than they have to be, as they are not in the service of a Western environmental
crusade.
In this, the leaders of the developing world are behaving
more rationally than their rich-world counterparts. The forecast offered by the
UN climate-change panel, generally considered authoritative by global-warming
crusaders, estimates that the costs of adapting to global warming would add up
to something between 0.2 percent and 2 percent of global economic output — at
the end of the 21st century, when the global economy is expected to be much
larger than it is today. The same agency estimates that preventing global
warming would require not the picayune cuts demanded by the Obama
administration but radical cuts, as much as 70 percent of global emissions, not
a century from now but beginning almost immediately. That would require an
economic retrenchment and a severe lowering of real standards of living worldwide,
at a far greater real cost than the long-term costs of adapting.
Again, this is entirely discounting the arguments and
counterclaims of global-warming skeptics. It also ignores the fact that fossil
fuels are a mobile commodity; cut coal consumption in the United States, with
its relatively clean-burning power plants, and you are very likely only
subsidizing coal consumption in other parts of the world with dirtier plants.
There is no getting around the economic and political realities of the issue.
You can give your heart to Gaia, but your butt still belongs to supply and
demand.
What we have here is, then, yet another exercise in
magical thinking from our regulators. As with his case for raising tax rates on
the wealthy even if doing so would have no effect on revenue, President Obama
remains concerned about policy inputs rather than policy outcomes, believing
that this is the right thing to do regardless of whether it has any effect on
global warming — which it almost certainly will not. If we really believe the
EPA administrator’s rhetoric — that we have a “moral obligation” to prevent
global warming — then we should be asking ourselves some very difficult
questions: How big of a permanent reduction in the U.S. standard of living are
we prepared to accept? Mexico levels? Uganda levels? How many poor people in
Asia and Africa, rounded to the nearest 10 million, are we willing to see
starve to death in this crusade? (Agriculture and the transportation,
processing, and refrigeration of food are significant sources of greenhouse-gas
emissions.) If we are not willing to contemplate those questions, then we must
ask another: What national economic price are we willing to pay for cuts that
are negligible from the relevant global point of view, cuts that will have no
meaningful effect on anything except the self-satisfaction of those who see
global warming as a moral question rather than a scientific and economic
question?
The president and the EPA need to reread their Kant:
Ought implies can. Bearing in mind that the global metric is the only relevant
one, can the U.S. executive branch, acting unilaterally, with negligible
support and considerable opposition from the people’s elected representatives
in Congress, achieve a meaningful reduction in global greenhouse-gas emissions?
Almost certainly not, because there is no politically plausible program under
which the United States will enact emissions cuts that are significant on the
global scale. Our own people would not support the necessary reduction in our
standard of living, and the rest of the world will not forgo economic growth
and development. The Supreme Court may very well be correct that there is
nothing in the statute that prevents the EPA from proceeding on its chosen
course, but a decent regard for reality counsels strongly against it. If the
president wants to make a hollow symbolic gesture, he should choose a less
expensive one: Jimmy Carter’s dopey sweater speech was a bargain by comparison.
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