A special report for the Carbon Tax Center by James F. Handley

For almost four decades, the powerhouse Natural Resources Defense Council has stood as the green movement’s stronghold for regulation-based eco-solutions. It has fought for, and won, energy-efficiency standards for appliances, cars and buildings; renewable-energy quotas for electricity supply; and parts–per-million regulations on chemicals in water, air and food have been NRDC’s stock-in-trade. But not price-based mechanisms like gasoline taxes, congestion tolls and carbon emissions pricing.

It was striking, therefore, to read NRDC finance advisor Andy Stevenson come out swinging for carbon emissions pricing. In Why Putting a Price on Carbon is Fast Becoming an Economic Necessity, posted this week on NRDC’s Web site, Stevenson warns that tightening
credit markets threaten to strangle investment in alternative energy. His solution — “cap and invest”:

The cap forms a limit on the amount of CO2 that can be emitted in a given year. This declining limit is then broken up into permits… auctioned off to emitting entities, creating a… revenue stream of roughly $150 billion a year over several decades that can be used to help collateralize the loans needed to put America back to work and move us in the right direction…. [O]ver a trillion dollars in the early years of a "cap and invest" program… to help finance innovative energy solutions for our economy… giving the banks confidence to once again finance longer-term investments at reasonable interest rates. Investments that will pay dividends both in terms of their economics under a carbon cap, as well as for their ability to help reduce our greenhouse gas emissions profile.

Once sufficient capital has been deployed to jump-start emerging energy technologies, this program would then be transformed from a "cap and invest" program into a "cap and dividend" program that would rebate energy revenues back to the American people.

We like that last piece, “dividend… to the people.” Why not start there?

Stevenson’s article suggests that NRDC is moving up the ladder from Boxer-Lieberman-style cap-and-trade towards "the gold standard" of a revenue-neutral carbon tax. Could the Council be following the progression laid out in the Congressional Budget Office’s “Caps vs. Taxes”
report, of steps to make cap-and-trade more effective (and more like a carbon tax)?

1. 100% auction (drop all permit giveaways)

2. safety valves and price floors to dampen volatility

3. recycle revenue via dividend or tax-shift

4. regulate (or eliminate) traders.

NRDC’s proposed cap-and-trade includes 100% auction and a loose safety valve. With Stevenson’s call for eventual revenue recycling, the group is at least contemplating the first three of these steps.

Yet the NRDC-Stevenson "evolutionary" approach of moving to cap-and-dividend only after a long incubation in cap-and-invest is riddled with problems. For one thing, once traders and polluters owned permits they’d be invested in the system. They’d have to be bought out to take the next step up the ladder toward the "gold standard" of a straight carbon
tax. Moreover, "green energy" subsidies are addictive, even if (or especially when) they don’t reduce emissions. Subsidies for corn-based ethanol — which Sen. McCain denounced in the Sept. 26 presidential debate
—– are a case in point.

Furthermore, a dividend or tax shift seem essential to counteract the income impacts of any carbon pricing scheme, whether tax or cap. Without revenue distribution, carbon emissions pricing is a regressive tax. Yet under either a cap or a tax, carbon prices will have to rise substantially to meet the emission reduction targets NASA’s Jim Hansen and most other climate scientists warn are essential to prevent catastrophic climate instability. The current financial meltdown cries out for a dividend or a tax shift over a regressive tax increase, since consumers are already being bled dry.

But the case against cap-and-invest would be strong even in flush times. Our government is lousy at choosing technology winners, particularly this early in the technology race. Remember synfuels? Lieberman-Warner was loaded with subsidies for similar money holes like nukes, ethanol, and “clean coal.” Carbon auction or tax revenue diverted to "green energy" programs, even well-crafted ones, is unlikely to drive conservation and innovation nearly as well as the steeper price increase on fossil fuels that could be politically and economically sustained if a broadly distributed dividend or tax shift were coupled with a tax (or cap) on carbon fuel producers. That’s because we know our homes and businesses better
than the government. With the right price signals, we’ll be in a far better position than government-mediated program officers to make decisions about how to reduce our use of fossil fuels.

NRDC’s thinking is evolving. But cap-and-invest is still a regressive policy that won’t do much good up-front. And down the line, as the cap tightens and fossil fuel prices soar, it will become wildly unpopular. Stevenson is right to suggest revenue recycling to offset that pain, but why wait? Why not skip “cap-and-invest” and go straight for “tax-and-dividend.” Economists
ranging from Ken Green on the right, Bill Nordhaus in the center and Robert Shapiro on the left are all saying “go for the gold” – a revenue-neutral carbon tax. Keep climbing, NRDC!

Photo: Flickr / Charlie Brewer.

RGGI Carbon Permit Bidding To Start Sept. 25 (NY Times)

U.N. Carbon-Offsets Program Subsidizing Gas and Coal Generators (WSJ)

Europe Has Had Trouble Handling Its Carbon Market (NYT)

NY Cap-and-Trade Plan Delayed Again (Albany Times Union)

Hansen on Next Climate Steps: Charge Polluters; Pay People (dotEarth; updated, w/ slideshow)

Industries Allied to Cap Carbon Differ on the Details (NY Times)

"A significant portion of the business community would prefer a carbon tax" to a carbon cap-and-trade system, an official of a leading pro-business lobby group declared today.

In an interview on E&E TV, Margo Thorning, senior vice president and chief economist at the American Council for Capital Formation, honed in on one of the key advantages of carbon taxes over the competing cap-and-trade approach — price certainty:

An advantage of a carbon tax … is that an investor knows, given the projected … set of increases in carbon prices from one year to the next, he knows what the carbon price will be and he can factor that in to what kind of capital equipment he buys, what sort of transport fleet he puts in place, and it provides more certainty.

ACCF’s board has been called "a who’s-who in big business," with past or present directors from the American Petroleum Institute, American Forest & Paper Association, Edison Electric Institute and other pro-industry trade associations, thus lending corporate gravitas to Thorning’s remarks, excerpted (and slightly edited) here (Note: subscription probably required):

E&E TV: One of the bill’s ideas is to set
up a financial board of sorts that would oversee the new greenhouse gas market. What’s your take on setting up a board of regulators?

Margo Thorning: I think the idea of expecting regulators to know what the price of carbon should be is probably not very well grounded. It does serve as a backstop in that if prices got so high that producers and households were experiencing severe economic pain they could say, well, just go ahead and emit. But it creates uncertainty, because for someone trying to invest in new equipment, if they don’t know what the price of carbon will be, that adds to the risk of the investment. That’s the problem with a cap-and-trade system and that’s what’s happening in Europe. Investors don’t know what the price of carbon will be from one month to the next or one year to the next and it’s been very volatile. So that makes the
cost of capital higher, investment more uncertain, and produces less investment. An advantage of a carbon tax, if you want to impose some sort of penalty on carbon use, is that an investor knows, given the projected set of increases in carbon prices from one year to the next, he knows what the carbon price will be and he can factor that in to what kind of capital equipment he buys, what sort of transport fleet he puts in place, and it provides more certainty. And a carbon tax provides a stream of revenue for the government to spend on new technology or to pay for offsetting the burden on low income
individuals of higher energy prices.

E&E TV: So, if you were given the opportunity to write your own proposal of how the U.S. should
reduce emissions and not hurt itself economically, you’d go with the carbon tax?

Margo Thorning: I would go with the carbon tax and more incentives for new technology development.

E&E TV: So, if a cap and trade is not the way to go as you’re saying, why has the business community come out in support of a cap and trade?

Margo Thorning: Well, a significant portion of the business community would prefer a carbon tax and there’s beginning to be more discussion about that. I think one reason some in the business community have supported a cap and trade is they expect to make money on it. They’ve maybe made emission reductions or expect to be able to make emission reductions. They expect to be winners. On the other hand, new companies or companies that are expanding that need more credits will be losers. So the winners under a cap-and-trade system, for example in Europe, the big electric utilities have been winners because they’ve been able to pass forward to consumers the price of the carbon credit even though they were given those credits by the government. So people who expect to make money on it naturally are supportive.

*    *    * 

ACCF’s clear acknowledgment of the price-certainty advantage of a carbon tax, coupled with its outspoken criticism of carbon cap-and-trade, follows the contours of the American Enterprise Institute’s June report contrasting the two approaches. The myth that business unanimously favors carbon cap-and-trade over carbon taxes (or monolithically opposes carbon pricing in the first place) is crumbling.

Photo: le_rez / Flickr.

Friends of the Earth released an important analysis today revealing who would be the real winners from the type of carbon cap-and-trade program being promoted by large corporate polluters. Senators Joe Lieberman (I-Conn.) and John Warner (R-Va.) are expected to introduce cap-and-trade legislation tomorrow that would reward polluters by giving them a substantial number of emission allowances for free. The Friends of the Earth analysis is based upon the allocation in an August draft and will be updated to reflect precise numbers in the pending legislation, but the message is clear — polluters would receive a windfall.

The Lieberman-Warner bill has exposed an important split in the environmental community, with Environmental Defense, the Natural Resources Defense Council and National Wildlife Federation supporting the legislation while Friends of the Earth, U.S. PIRG and Clean Air Watch oppose it, according to a story in E&E News (subscription required). According to the E&E News story, Senators Lautenberg (D-NJ) and Sanders (I-Vermont) today issued a joint statement in which they:

outlined their demands today for legislation whose targets are "bold, aggressive, and comprehensive enough to prevent the devastating effects of catastrophic climate change." They called for pollution credits to be distributed by an auction rather than being given for free to electric utilities and other U.S. sources of greenhouse gas emissions.

An auction isn’t ideal, but it is far closer to the "gold standard" of a carbon tax than a cap-and-trade program that gives away allowances. Friends of the Earth’s press release is reprinted verbatim below:

Lieberman climate bill could have record corporate giveaways

Oct. 17, 2007

For Immediate Release

For more information contact:
Nick Berning, 202-222-0748

Legislation’s allocation of permits to polluters could be worth trillions, says analysis from Friends of the Earth, and the coal industry stands to be the biggest winner

WASHINGTON — Global warming legislation expected to be introduced tomorrow could provide giveaways worth hundreds of billions or even trillions of dollars to polluting industries, according to an analysis of a draft of the legislation conducted by Friends of the Earth.

The cap-and-trade legislation, sponsored by Senators Joe Lieberman (I-Conn.) and John Warner (R-Va.), would attempt to limit U.S. greenhouse gas emissions by setting annual emissions limits for each industry. Under this legislation, a set amount of greenhouse gas pollution would continue to be allowed — and the way in which these transferable allowances, or permits, would be allocated could richly reward the country’s largest global warming polluters, as each permit could be sold or traded for cash just like a stock or a bond.

"What we’re looking at is the potential for corporate giveaways that are orders of magnitude larger than anything environmentalists have ever faced — potentially the biggest corporate giveaways in American history," said Erich Pica, one of the authors of the Friends of the Earth analysis of the August draft of the legislation. "Polluters should have to pay for their pollution, not be rewarded for it."

The Friends of the Earth analysis found that the coal industry in particular stands to benefit from this legislation, precisely because it is currently the industry most responsible for global warming pollution. Depending on market conditions, the coal industry could receive permits worth up to $231 billion in the first year alone, 48 percent of the total permit allocation. It could then sell or "trade" its permits to others for their cash value, or it could emit at no cost carbon that less fortunate industries would have to pay to emit.

"If Congress is going to implement a cap-and-trade system, it should auction off 100 percent of permits so that taxpayers reap the financial rewards. We could use that money to help Americans adjust to higher energy costs, and to subsidize clean, alternative forms of energy," Pica said. "Instead, Senators Lieberman and Warner have proposed auctioning off only 24 percent of permits at the outset of this legislation, setting up a rigged market in which most permits are handed out to polluting industries for free. If you see a lot of polluters lining up in support of this legislation, that’s why."

While the specific language of the legislation being introduced tomorrow could differ somewhat from the draft circulated in August, permit allocations will reportedly continue to be a problem. Friends of the Earth will update its analysis after the legislation is introduced to reflect the final numbers in the bill.

Friends of the Earth’s analysis of the Lieberman-Warner draft can be found here.

FoE’s August statement responding to the initial release of the Lieberman-Warner draft can be found here.

The Daily Report, a Georgia-based "timely and indispensable guide to everything happening in the legal world," ran a provocative story today.

A U.S. Carbon-Trading Market Could Be Lucrative—or Perilous touches on just how complicated it will be to set up a cap-and-trade market. But the focus is on who will benefit most. The environment? There’s not much discussion of how effectively a cap-and-trade scheme will reduce emissions, but there are telling observations on who will get rich.

For those whose interest in climate change is secondary, the good news about carbon cap-and-trade is that:

It won’t just create work for environmental, energy trading and regulatory attorneys. It also will generate hours for those whose practices encompass business transactions and litigation, capital markets, project finance and even white-collar crime. Already, it’s lining the pockets of lobbyists in the nation’s Capitol and the 17 states that are moving even faster than the federal government toward considering regulation and trading of greenhouse gases, implicated as a cause of global warming.

Climate change deniers won’t be thrilled, but there’s good news for others:

For climate-change skeptics and deniers, it’s no doubt a frustrating time to be watching the 110th Congress. But for businesspeople and lawyers — regardless of their views on whether the Earth is warming and why — it’s nothing short of the opportunity of the century.

“The saying in Washington is anytime there’s a new program, the lawyers are the ones who get rich first,” says Charles A. Patrizia, a Paul, Hastings, Janofsky & Walker attorney who’s spent three decades inside the Beltway.

The good news, again for lawyers, is that there will be work to spread throughout the law firm:

If and when the U.S. government imposes carbon emissions restrictions, says Jones Day’s Holden, the amount of legal work generated by those regulations will be significant.

“The transactional side is going to be huge; the regulatory side, the litigation side is quite big; there’s patent, intellectual property; the international law side,” he says. “It’s hard to find an area of law that isn’t going to be impacted by a regulatory program that not only affects every manufacturing facility, but … [affects] all the products that go into what is manufactured.”

Will the focus of the interest groups that stand to gain from cap-and-trade be on the most efficient ways to reduce greenhouse gas emissions? Will the lawyers, traders, coal companies and others put aside their self-interest because a revenue-neutral carbon tax would provide more greenhouse gas emission reductions sooner, more efficiently and less expensively? Don’t hold your breath!

Photo: Krispy*Kreme / Flickr