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Who we are

We welcome your questions, suggestions, constructive criticisms. Please email us at info@carbontax.org. If you’re a journalist on deadline, call CTC director Charles Komanoff at 212-260-5237. (Otherwise, please stick to email, thanks.)

About us …

The Carbon Tax Center (“CTC”) was launched in January 2007 to give voice to Americans who believe that taxing emissions of carbon dioxide — along with commensurate taxes on methane and other greenhouse gases — is imperative to reduce global warming. Founders Charles Komanoff and Daniel Rosenblum brought to CTC a combined six decades of experience in economics, law, public policy and social change. Dan has moved on but Charles remains as CTC director.

Much of the content on our Web site, along with many timely and topical blog posts, was contributed by James Handley, a chemical engineer and attorney who previously worked for private industry and for U.S. EPA. James served as our senior policy analyst from 2012 to early 2016 and prior to that was a stalwart CTC volunteer.

To donate to the Carbon Tax Center

CTC’s work depends on financial support from individuals like you. Your contribution, in any amount, makes our work possible. Moreover, by broadening our base, your contribution makes us more attractive to philanthropic institutions that are potential sources of major support.

The IRS granted tax-exempt status in August 2014. All contributions to the Carbon Tax Center are therefore tax-deductible. You may contribute by mail or on-line. Here’s how:

  • To make your tax-deductible contribution via mail, write a check or money order to Carbon Tax Center and mail it to Carbon Tax Center, PO Box 3572, Church Street Station, New York, NY 10008.
  • To make your tax-deductible contribution on-line, click here. Or click on the DONATE NOW button at the top of this site’s Home Page, above the melting iceberg, on the right-hand side of the blue strip. Either way you’ll be directed to a form that will intake your donation in just a minute or two.

Thank you for your generosity and support.

CTC’s Mission

The Carbon Tax Center stands at the front lines of the struggle for a sustainable climate and a habitable Earth. Our mission: to generate support to enact a transparent and equitable U.S. carbon pollution tax as quickly as possible — one that rises briskly enough to catalyze virtual elimination of U.S. fossil fuel use within several decades and provides a template and impetus for other nations to follow suit.

Our mission arises from three fundamental attributes of carbon taxes:

  • Carbon taxes are powerful: Adoption and global harmonization of national carbon taxes is central to spurring and expanding clean energy to rapidly replace coal, oil and gas whose combustion drives global warming. Indeed, carbon taxing is an essential policy tool for the U.S., China and 190 other nations to fulfill and surpass the “Intended Nationally Determined Contributions” (INDC’s) to which they committed at the UN Paris Climate Summit last December.
  • Carbon taxes are essential: Alternative approaches — subsidizing clean energy, de-subsidizing fossil fuels, regulating coal-fired power plants, enacting usage-efficiency standards — while laudable and helpful, cannot drive down emissions at nearly the required pace and extent . . . unless they are bolstered by carbon taxes that incentivize the millions of short- and long-term decisions and investments that can move the world’s economies to an all-efficiency and renewable platform.
  • Carbon taxes are foundational: The “polluter pays” principle inherent in carbon taxing is not only fundamentally just, it is a foundational element of environmental ethics. Carbon taxing also complements the divestment movement by weakening fossil fuel interests and reducing their sway in Congress. Yet carbon taxes, unlike most competing climate policy instruments, can also appeal to the political center and even the right.

Our commitment to a carbon tax is further rooted in the political economy of the U.S. and world energy systems, as captured in this passage we published in early 2014:

The U.S. energy system is so diverse, our economic system so decentralized, and our species so varied and innovating that no subsidies regime, no matter how enlightened, and no system of rules and regulations, no matter how well-intentioned, can elicit the billions of carbon-reducing decisions and behaviors that a swift full-scale transition from carbon fuels requires. At the same time, nearly all of those decisions and behaviors share a common, crucial element: they are affected, and even shaped, by the relative prices of available or emerging energy sources, systems and choices. Yet those decisions cannot bend fully toward decarbonizing our economic system until the underlying prices reflect more of the climate damage that carbon fuels impose on our environment and society. These three facts — the inability of carbon subsidies or rules and regulations to make a big enough dent in carbon emissions, the centrality of price in energy-related decisions that determine the magnitude of those emissions, and the chronic “externalization” of climate damage from the price of energy — are what have led CTC . . . to advocate carbon taxing as the central element of U.S. climate policy.

That’s from our Jan. 31, 2014 report, “Design of Economic Instruments for Reducing U.S. Carbon Emissions,” which we submitted to the U.S. Senate Finance Committee pursuant to Committee Staff’s solicitation for comments on proposed energy tax reform measures. (See page 4; our full 22-page comment document may be downloaded as a pdf.)

Our Board of Directors

CTC has five directors, with Alex Matthiessen serving as board chair. Following are their thumbnail biographies (listed alphabetically):

Nancy Anderson

Nancy Anderson

Nancy E. Anderson, Ph.D. is executive director of the Sallan Foundation, an urban environmental non-profit corporation that advances knowledge and convenes events concerning greener cities, climate change, high-performance buildings and urban energy policy. Earlier, as senior environmental advisor to the NYC Comptroller, Nancy successfully counseled the Comptroller to stop the sale of the City’s water supply, created the Alliance for Clean Water Action, and formulated the scope of work and acted as liaison to the National Academy of Sciences’ landmark NYC watershed study. Nancy’s earlier positions in City government included director of environmental development, director of regulatory review, senior policy analyst in the Comptroller’s office, where she authored the Community Hazardous Materials Right-to-Know Law, and in the Sanitation Department’s Environmental Enforcement Unit. Nancy received her Ph.D. in Sociology from New York University in 1980.

Ernst "Hasty" Habicht

Ernst R. Habicht

Ernst R. (“Hasty”) Habicht, Jr., Ph.D. [in memoriam, 1939-2020] was an energy policy consultant to investment banks, utilities, large energy users, not-for-profit groups and governmental agencies, specializing in the interaction of economic incentives and emerging technologies. Hasty was founder and the first director of the Environmental Defense Fund’s energy program, where he concentrated EDF’s resources on changing electricity pricing policies to reflect the level of system demand. This led to Wisconsin’s adoption of time-of-day pricing in the 1970s and became a foundation of EDF’s efforts to improve environmental outcomes by unifying economic and scientific analysis and applying marginal-cost pricing principles to natural gas, water resources and transportation. Hasty published papers and articles on energy technology and regulation in policy journals and national media and served as an expert witness before numerous regulatory authorities. Hasty earned degrees in chemistry from Harvard College and Stanford University and held postdoctoral and academic positions at the University of California at San Diego.

Charles Komanoff

Charles Komanoff

Charles Komanoff co-founded the Carbon Tax Center and serves as CTC’s director. Charles, a math-and-economics honors graduate of Harvard, has built a distinctive career as energy-policy analyst, transport economist and environmental activist, as well as a visionary advocate of fresh ideas. In addition to directing the Carbon Tax Center he advises the Move NY Campaign to restructure road tolling and transportation finance in New York City. In the 1980s and 1990s Charles helped jump-start the livable streets movement in NYC and nationally as “re-founder” and president of the bicycling-advocacy group Transportation Alternatives and leader of the pedestrian-rights group Right Of Way. Earlier in his career, Charles developed a rigorous narrative documenting the faltering economics of the U.S. nuclear power industry, and as an expert witness for state government agencies helped shield electricity ratepayers from nuclear-related utility cost overruns. His published works include books, long-form journalism in the New York Review of Books, New York Magazine and Orion, and op-eds in the New York Times and other papers.

Alex Matthiessen

Alex Matthiessen

Alex Matthiessen, CTC’s board chair, is the principal of Blue Marble Group, an eco-political consultancy from which he manages the Move NY Campaign to reform traffic tolling in New York City and secure new financing for the city and region’s transportation network. Alex also advises for-profit companies in gaining approvals for green projects as well as the Robert Rauschenberg Foundation on climate initiatives. From 2000-2010, he was CEO and president of Riverkeeper, the organization at the forefront of the decades-long campaign to restore the Hudson River and protect the NYC watershed. Previously, Alex served as a special assistant in the Office of U.S. Interior Secretary Bruce Babbitt and was grassroots program director for the Rainforest Action Network. He also serves on the board of Catskill Mountainkeeper. Alex holds a Masters of Public Administration from the John F. Kennedy School of Government at Harvard University, and a BA in Biology and Environmental Studies from the University of California at Santa Cruz.

ted-loewenthal-_-cropped-_-28-feb-2017

Ted Loewenthal

Ted Loewenthal, MD, recently retired from a rewarding 35-year career as a physician in clinical practice. Recognized as a leading gastroenterologist in Connecticut, he was affiliated with Hartford Hospital where he oversaw gastrointestinal endoscopy and related quality of care issues. Dr. Loewenthal is the lead environmental trustee for the Common Sense Fund. His energy and passion are directed to addressing global warming. He recently joined the board of Inside Climate News, which won the 2013 Pulitzer Prize in National Reporting for its incisive coverage of climate change, energy and the environment. A graduate from Harvard in chemistry, Ted earned his MD at Tufts University School of Medicine.

Robert Shapiro

Robert Shapiro

Robert J. Shapiro, Ph.D. is co-founder and chairman of Sonecon, LLC, an advisory firm that analyzes changing economic and political conditions in the United States and around the world and their relationship to government policies. Dr. Shapiro is also a senior fellow of the Georgetown University School of Business, advisor to the International Monetary Fund, director of the Globalization Center at NDN, chairman of the U.S. Climate Task Force and co-chair of America Task Force Argentina. From 1997 to 2001, Dr. Shapiro was U.S. Under Secretary of Commerce for Economic Affairs. Earlier he co-founded the Progressive Policy Institute and also served as principal economic advisor to Bill Clinton in his 1991-1992 presidential campaign and senior economic advisor to Al Gore and John Kerry in their presidential campaigns. In 2008 and 2012, he advised the campaigns and transition of Barack Obama. Dr. Shapiro also was Legislative Director for Senator Daniel P. Moynihan and Associate Editor of U.S. News & World Report. He has been a Fellow of Harvard University, the Brookings Institution, and the National Bureau of Economic Research. Dr. Shapiro holds a Ph.D. and M.A. from Harvard, a M.Sc. from the London School of Economics, and an A.B. from the University of Chicago.

See also You and Us.

What you can do now

An unrelenting string of extreme weather events, including Superstorm Sandy that devastated the New York area in 2012, and topped by Typhoon Haiyan, which reportedly packed the strongest storm winds ever recorded when it laid waste to Guiuan province in the Philippines, bring the message home: Earth’s climate is changing in costly and painful ways. Yet we’ve barely started transitioning from fossil fuels to renewable energy and efficiency. Many factors stand in the way, including this: the price signals are too weak. The prices of fossil fuels don’t come close to reflecting their true costs. This puts clean efficiency and renewables at a stark disadvantage. A robust and briskly rising U.S. carbon tax will reduce the emissions that are driving global warming and generate revenue to pay for cutting regressive taxes that thwart job-creation.

  • A carbon tax is a direct tax on the carbon content of fossil fuels (coal, oil and natural gas).
  • A carbon tax is the most economically efficient means to convey crucial price signals that spur carbon-reducing investment. Our spreadsheet shows how fast emissions will fall.
  • Carbon taxes should be phased in so businesses and households have time to adapt.
  • A carbon tax can be structured to soften the impacts of added costs by distributing tax revenues to households (“dividends”) or reducing other taxes (“tax-shifting”).
  • Support for a carbon tax is growing among public officials; economists; scientists; policy experts; business, religious, and environmental leaders; and ordinary citizens.

Our Read These First page is a good place to learn about carbon taxing. Another is a point /counterpoint last year in Today’s General Counsel magazine between Carbon Tax Center director Charles Komanoff and a top fossil fuel industry lobbyist. And read our blog post summarizing the comments we submitted to the Senate Finance Committee on Jan. 31. They point the way to a new policy path: replacing the U.S.’s contradictory and costly energy subsidies with a carbon tax.

PS: CTC needs your financial support. Click here to donate. Thank you.

Best Articles, Videos & Books

This page features a selection of articles, video clips and books from a variety of perspectives making the case for taxing climate pollution.

Articles

Let this be the year when we put a proper price on carbon

Lawrence Summers, who has served as Treasury Secretary, President of Harvard University and Chief Economist of the World Bank, trenchantly articulated the compelling reasons and auspicious timing for a carbon tax in an op-ed in both the Financial Times and the Washington Post (January 5, 2015). We offer some excerpts:

The case for carbon taxes has long been compelling. With the recent steep fall in oil prices and associated declines in other energy prices it is overwhelming. There is room for debate about the size of the tax and about how the proceeds should be deployed. But there should be no doubt that starting from the current zero tax rate on carbon, increased taxation would be desirable.

[T]hose who use carbon-based fuels or products do not bear all the costs of their actions. When we drive our cars, heat our homes or use fossil fuels in more indirect ways, all of us create these costs without paying for them. It follows that we overuse these fuels. While the recent decline in energy prices is a good thing in that it has, on balance, raised the incomes of Americans, it has also exacerbated the problem of energy overuse. The benefit of imposing carbon taxes is therefore enhanced.

[A] well-designed tax would be levied on the carbon content of all imports coming from countries that did not impose their own carbon levies. The United States can make the case that such a tax is compatible with World Trade Organization rules. Such an approach would have the virtue of encouraging countries who wished to avoid the U.S. tax to impose carbon taxes of their own, thereby further supporting efforts to reduce global climate change.

A U.S. carbon tax would… be a hugely important symbolic step ahead of the global climate summit in Paris late this year. It would shift the debate toward harmonized measures to raise the price of carbon use and away from the complex cap-and-trade-type systems that have proved more difficult to operate than expected in the European Union and elsewhere.

My preference would be for the funds to be split between investments in infrastructure and pro-work tax credits. An additional $50 billion a year in infrastructure spending would be a significant contribution to closing America’s investment gap in that area. The same sum devoted to pro-work tax credits could finance a huge increase in the earned-income tax credit, a meaningful reduction in the payroll tax or some combination of the two.

Progressives who are most concerned about climate change should rally to a carbon tax. Conservatives who believe in the power of markets should favor carbon taxes on market principles. And Americans who want to see their country lead on the energy and climate issues that are crucial to the world this century should want to be in the vanguard on carbon taxes. Now is the time.

Bigger, Cleaner, and More Efficient: A Carbon-Corporate Tax Swap

Donald Marron served as economic adviser to President G.W. Bush, acting director of the non-partisan Congressional Budget Office and executive director of the Joint Committee on Taxation. Marron now co-directs the Urban-Brookings Tax Policy Center. In a 2013 paper, he and Eric Toder analyzed the climate and macro-economic benefits of a carbon tax “shift” to reduce top corporate income tax rates. In the Cato Online Forum (November 2014) Marron outlined the conservative principles behind his proposal to combine effective climate policy with pro-growth economic policy:

Four recurring lessons from tax and environmental policy…

First, taxing bads is better than taxing goods. When the government levies a tax, people and businesses are less likely to do the taxed activity…

Second, putting a price on carbon is the most efficient way to reduce carbon emissions. In the absence of a national carbon price, as from a carbon tax or a cap-and-trade system, policymakers will likely continue to pursue piecemeal regulations and subsidies. Indeed, we see that today in heightened fuel economy standards and state-by-state electric power plant regulations. These regulatory efforts can reduce emissions, but at greater cost per ton than a national carbon price.

Third, the corporate income tax is especially distortionary… it discourages business investment and weakens economic growth… [T]he Organization for Economic Cooperation and Development identified corporate income taxes as having “a particularly negative impact on GDP per capita,” especially through their effect on “dynamic and innovative” businesses.

Fourth, America’s corporate income tax is especially problematic. The statutory tax rate is the highest in the world at more than 39 percent (including federal and state taxes) and the U.S. is one of only a few nations that taxes resident corporations on their worldwide income. At the same time, our corporate system includes many tax breaks that dramatically lower the effective rate some businesses really pay. This toxic mix benefits lawyers and accountants but has made the United States an unattractive place for many firms to maintain their legal residence. One symptom has been the recent increase in tax-driven inversions.

[A] carbon-corporate tax swap, paired with appropriate relief for low-income families, would make our economy bigger, cleaner, and more efficient.

A Carbon Tax Is Our Only Hope

In the edgy “Gawker” magazine (May 27, 2014), Hamilton Nolan trenchantly explained why, if we’re serious about tackling global warming, we need a stiff carbon tax to climate polluters:

Why does a pack of cigarettes cost fifteen… dollars in New York City? Because New York City uses taxes to add the future costs of smoking to the cost of smoking today. We know that smokers end up costing society a lot of money for health care years down the road; with cigarette taxes, smokers in the city pay those costs up front. The realization of the true cost of a negative behavior is quite an effective way to not only pay those costs, but also to change the behavior.

This is the basic rationale for a carbon tax. We know that carbon emissions are causing global warming, which will impose a disastrous cost on all of humanity in the years to come. So make those who emit carbon pay those costs up front, by taxing them…

There is no other tactic that will have as big an impact on carbon emissions within our 15-year window of opportunity for action. Forces that operate solely out of self interest will continue to oppose any and all sacrifices right up until the sea swallows their vacation homes. Forget them. The activists and political leaders who have genuine concern about this issue must all unite around some form of carbon tax as a solution. Fighting polluters on a piecemeal basis will not be enough. Public education campaigns will not be enough. Global warming must be made too expensive to be viable. Tax the hell out of it. It’s not unfair pricing. On the contrary, it is the only way to make carbon emissions exactly as expensive as they deserve to.

Science Is Unequivocal, Policy Is Obvious: Tax CO2 Pollution

New Yorker science writer and author of “Field Notes From a Catastrophe,” Elizabeth Kolbert linked the overwhelming climate science consensus to ith the equally robust climate economics consensus (April 14, 2014):

[T]he Intergovernmental Panel on Climate Change released its latest update on the looming crisis that is global warming. Only this time it isn’t just looming. The signs are that “both coral reef and Arctic systems are already experiencing irreversible regime shifts,” the panel noted… The I.P.C.C.’s list of potential warming-induced disasters—from ecological collapse to famine, flooding, and pestilence—reads like a riff on the ten plagues. Matching the terror is the collective shame of it. “Why should the world pay attention to this report?” the chairman of the I.P.C.C., Rajendra Pachauri, asked the day the update was released. Because “nobody on this planet is going to be untouched by the impacts of climate change.”

Economists on both sides of the political spectrum agree that the most efficient way to reduce emissions is to impose a carbon tax. “If you want less of something, every economist will tell you to do the same thing: make it more expensive,” former Mayor Michael Bloomberg observed, in a speech announcing his support for such a tax. In the United States, a carbon tax could replace other levies—for example, the payroll tax—or, alternatively, the money could be used to reduce the deficit. Within a decade, according to a recent study by the Congressional Budget Office, a relatively modest tax of twenty-five dollars per metric ton of carbon would reduce affected emissions by about ten per cent, while increasing federal revenues by a trillion dollars. If other countries failed to follow suit, the U.S. could, in effect, extend its own tax by levying it on goods imported from those countries.

All You Need to Know About British Columbia’s Carbon Tax Shift in Five Charts

Alan Durning and Yoram Bauman, of the Seattle-based Sightline Institute, graphically illustrated the economic and climate success of their northern neighbor British Columbia’s simple, revenue-neutral carbon tax (March 11, 2014):

BC’s carbon pricing system is the best in North America and probably the world. The province has finished the nitty-gritty work of drafting statutes and regulations to implement the system. Oregon and Washington could do worse than to copy them, word for word, into their tax codes, then make adjustments needed to match circumstances.

Economists Have A One-Page Solution to Climate Change

National Public Radio reporter David Kestenbaum neatly distilled why economists are virtually unanimous in concluding that well-designed carbon taxes offer a win-win for the climate and the economy that no other policy can beat (June 28, 2013):

This is why economists love a carbon tax: One change to the tax code and the entire economy shifts to reduce carbon emissions. No complicated regulations. No rules for what kind of gas mileage cars have to get or what specific fraction of electricity has to come from wind or solar or renewables. That’s by and large the way we do it now.

[MIT economist John] Reilly says the current web of rules is a more complicated and more expensive way of getting the same outcome as a carbon tax. The current system “pretty much is one of the worst ways we could do it,” he says.

… Reilly brings up what is perhaps the most surprising thing about a carbon tax: If you do it right, he says, carbon tax can be nearly painless for the economy as a whole.

Besides reducing carbon emissions, a carbon tax brings in a bunch of money — it’s a tax after all. So, Reilly says, you can reduce, say, income tax to balance out the new taxes people are paying for carbon emissions. People pay more for gas, but they get to keep more of their income.

Laura D’Andrea Tyson: The Myriad Benefits of a Carbon Tax

A Bill Clinton Council of Economic Advisers chair urged carbon taxes as more cost- and climate-effective than regulations and subsidies (New York Times, June 28, 2013)

Without a [carbon] tax, the government has to rely on second-best regulations to limit carbon emissions. Facing Congressional inaction and staunch opposition to a carbon tax, this week President Obama proposed regulations on carbon pollution standards for new and existing power plants using his executive authority under the Clean Air Act.

A carbon tax is also a cheaper and often more efficient way to reduce carbon emissions than subsidies for alternative fuels. Generous subsidies for biofuels have cost billions of dollars; by reducing the price of gasoline they may have perversely increased rather than decreased carbon emissions.

Other subsidies, like the production tax credit, have been successful at ramping up research, development and deployment of alternative energy technologies in recent years. Such subsidies would be even more effective in combination with a carbon tax that would make fossil fuels less price-competitive and would stimulate research on renewable and energy-saving technologies.

The Congressional Budget Office estimates that even a modest carbon tax could reduce both greenhouse emissions and the federal budget deficit. A tax of $20 per ton of carbon dioxide, which would translate to about 15 cents per gallon of gasoline, would reduce emissions by 8 percent and generate up to $1.2 trillion in tax revenues over 10 years.

“[A] Carbon tax…would make polluters pay for their own pollution”

As EPA began rolling out its proposed regulations on power plants, the Washington Post Editorial Board suggested a better way (May 7, 2013):

[A] carbon tax, an elegant policy Congress could immediately take off the shelf… would make polluters pay for their own pollution, which is the best way to encourage greener thinking. It would cut emissions without overspending national wealth on grandiose central planning or command-and-control regulation. And it would raise revenue, which lawmakers could use for debt reduction, lowering other taxes, improving the social safety net or some combination. The carbon tax is one of the best ideas in Washington almost no one in Congress will talk about.

Conservative icons George Schultz and Gary Becker on why they support a Carbon Tax

Nobel-winning economist Gary Becker and Reagan-Nixon cabinet secretary George Shultz proposed to replace costly clean energy subsidies  with a far more effective revenue-neutral carbon tax. (Wall St. Journal, April 7, 2013):

[W]e should seek out the many forms of subsidy that run through the entire energy enterprise and eliminate them. In their place we propose a measure that could go a long way toward leveling the playing field: a revenue-neutral tax on carbon, a major pollutant. A carbon tax would encourage producers and consumers to shift toward energy sources that emit less carbon—such as toward gas-fired power plants and away from coal-fired plants—and generate greater demand for electric and flex-fuel cars and lesser demand for conventional gasoline-powered cars.

We argue for revenue neutrality on the grounds that this tax should be exclusively for the purpose of leveling the playing field, not for financing some other government programs or for expanding the government sector. And revenue neutrality means that it will not have fiscal drag on economic growth.

I am struck by how many liberals insist on reducing carbon emissions immediately, but, on the deficit, say there is no urgency because no interest rates rises are in sight. And I am struck by how many conservatives insist we must reduce the deficit immediately, but, on climate, say there is no urgency because, so far, temperature rise has been slight…  A carbon tax would reinforce and make both strategies easier.

In Defense of a Carbon Tax

Responding to Dave Roberts’ lament that a carbon tax can’t tackle the climate menace, the Carbon Tax Center’s James Handley and Charles Komanoff articulated the importance of an aggressively-rising tax on carbon pollution to meet the challenge. (Grist, Dec. 4, 2012; also presented as a side-by-side rebuttal of Roberts’ 10 points on CTC’s blog):

Assuming 3 percent annual inflation, a [carbon] tax rising 4 percent a year faster than inflation would take a decade to double in nominal terms, and almost two decades to double in real terms. That’s way too slow a ramp-up, considering that a carbon price of $40/ton of CO2 would add a mere 36 cents to a gallon of gasoline and 1.5 cents/kWh to the average U.S. retail electricity price.

We need a carbon tax that quickly gets to much higher rates than that. It doesn’t have to start like gangbusters; indeed, it shouldn’t, since families, businesses, and institutions all need (and deserve) time to adapt to the new reality of higher fuel and energy prices. A steady and steep ramp-up rate is far more important and beneficial than a high starting point.

These considerations make the ideal carbon tax close to that embodied in legislation introduced in 2009 by Rep. John Larson (D-Conn.). Larson’s carbon tax starts at $15/ton and rises each year by $10-$15, with the actual increment depending on whether emissions are being driven down fast enough. In the 10th year of a carbon tax, the CO2 price would be between $100 and $145 per ton of CO2 under the Larson bill…  the market pull (including long-term price expectations) should suffice to elicit cleantech innovation and revolution.

An Emissions Plan Conservatives Could Warm To

Former Representative Bob Inglis and former economic adviser to President Reagan, Arthur Laffer framed the conservative values supporting a carbon tax (New York Times, December 27, 2008):

We need to impose a tax on the thing we want less of (carbon dioxide) and reduce taxes on the things we want more of (income and jobs). A carbon tax would attach the national security and environmental costs to carbon-based fuels like oil, causing the market to recognize the price of these negative externalities.

The market-driven innovation that brought us the Internet and the personal computer could quickly bring us new, cleaner fuels. A carbon tax that was fully offset (with payroll or income taxes cut by a dollar amount equal to the revenues generated by the new tax) would be as bold as the threat that we face.

Conservatives do not have to agree that humans are causing climate change to recognize a sensible energy solution. All we need to assume is that burning less fossil fuels would be a good thing. Based on the current scientific consensus and the potential environmental benefits, it’s prudent to do what we can to reduce global carbon emissions. When you add the national security concerns, reducing our reliance on fossil fuels becomes a no-brainer.

Presentations, Videos, etc

From the Price Carbon Campaign – Carbon Tax Center “Pricing Carbon Conference” at Wesleyan Univ., Nov. 2010

Books

Implementing a U.S. Carbon Tax — Challenges and Debates, Ian Parry, Adele Morris, Roberton C. Williams III,  (IMF, Routledge Explorations in Environmental Economics, 2015)

The Case for a Carbon Tax, Shi-Ling Hsu (law professor & economist), 2011.  Reviewed here.

Fuel Taxes and the Poor  (The Distributional Effects of Gasoline Taxation and Their Implications for Climate Policy), Thomas Sterner, (economist, editor), 2012

Global Carbon Pricing: We Will If You Will (2015). E-book compiling eight papers by David J. C. MacKay, Richard Cooper, Joseph Stiglitz, William Nordhaus, Martin L. Weitzman, Christian Gollier & Jean Tirole, Stéphane Dion & Éloi Laurent, Peter Cramton, Axel Ockenfels & Steven Stoft. The authors, from a variety of viewpoints and disciplines, conclude that negotiating an explicit global price on carbon pollution would unlock global climate negotiations by aligning national self-interest with the global goal of rapidly reducing greenhouse gas emissions.

Fiscal Policy to Mitigate Climate Change, Ian Parry, Ruud de Mootj, Michale Keen (economists, editors, IMF, 2012)

Plan B 4.0 (A realistic path to a sustainable future), Lester Brown, 2009

The Reality of Carbon Taxes in the 21st Century, Janet Milne (law professor), 2008

Storms of My Grandchildren, James Hansen (climate scientist), 2010

Our Archives

This page contains archival material bearing on efforts to advance carbon taxing or other carbon pricing at the U.S. national (federal) level.

It begins with federal legislative proposals from roughly 2008 to 2015, in reverse chronological order. Further below is material from Democratic presidential-nomination campaigning from 2019.

Unfortunately, CTC hasn’t been able to keep up with more recent (post-2015) carbon tax legislation — not that there’s been much to report in this arena. We recommend Mike Aucott’s July 2022 post , A Novel Way to Price Industrial Carbon Emissions, along with our new page about the Inflation Reduction Act of 2022. Although in many ways the IRA is the antithesis of carbon pricing — it aims to make clean energy cheaper rather than to make dirty (fossil) energy costlier — it was a landmark legislative achievement and may eventually open the door to federal legislation to price carbon emissions.

Federal Legislation (through 2015)

Climate Protection and Justice Act

On December 10, 2015, a day before the close of the UN climate summit in Paris, Senator (and presidential candidate) Bernie Sanders introduced the “Climate Protection and Justice Act.” His bill would impose a charge of $15 per metric ton (“tonne”) of CO2 emitted from fossil fuel combustion, with the fee taking effect in 2017. It would then rise at an average annual rate of $3.22/tonne, reaching $73 by 2035. At that point the tax trajectory would change to a percentage basis, growing by 5% annually until attaining a level of $150/tonne in 2050. Proceeds from Sanders’ proposed carbon tax would be returned to households making less than $100,000/year, a rebate of roughly $900 in 2017, rising to $1,900 in 2030. Revenue would also fund investments in energy efficiency and low-carbon energy.

Sanders’ press release claims his measure would reduce U.S. CO2 emissions to 80% below 1990 levels by 2050. The results of seven major integrated assessment models reported by the Stanford Energy Modeling Forum suggest that a more aggressive carbon price trajectory, rising to roughly $440/ton, would be needed to accomplish this ambitious 80% reduction target by 2050, in the absence of major technological breakthroughs. Nevertheless, model results become increasingly murky as time horizons grow more distant. In any event, Senator Sanders is the first (and, as of January 2016, the sole) candidate in the 2016 presidential race to endorse an explicit and rising tax on carbon pollution.

On April 22, 2015, Earth Day, Rep. John Delaney introduced a discussion draft of his “Tax Pollution, Not Profits Act” that would establish a tax $30 per metric ton of carbon dioxide or carbon dioxide equivalent, increasing each subsequent year at 4% above inflation. Delaney’s proposal would apply revenues to reduce the corporate tax rate to 28%, provide monthly payments to low-income and middle-class households and fund job training, early retirement and health care benefits to coal workers. At an Earth Day AEI event discussing his bill, Rep. Delaney took the bold step of suggesting his proposal for a simple economy-wide carbon tax could replace the EPA Clean Power Plan.

American Opportunity Carbon Fee Act of 2014

On November 19, 2014, Sen. Sheldon Whitehouse (D-RI), renowned for his weekly “Time To Wake Up” speeches on the Senate floor, introduced the “American Opportunity Carbon Fee Act.” This bill would impose fees on both CO2 and non-CO2 greenhouse gases, including fugitive methane from shale gas wells and coal mines, at their CO2-equivalent rates. AOCFA includes a border tax adjustment to impose equivalent climate pollution fees on imported goods from nations that have not enacted their own.

AOCFA pegs its pollution fee to U.S. EPA’s estimate of the “social cost of carbon” currently, $42/ton CO2, and would rise by only 2% annually in real terms. The Carbon Tax Center’s 7-sector price-elasticity spreadsheet model projects that the proposed starting price of $42 per ton of CO2 would quickly reduce US emissions by about 15%. But the bill’s subsequent 2% annual real price increases would barely stem the rising emission tide due to increased affluence, resulting in essentially flat emissions rather than a declining curve.

Our blog post, New Senate Bill Would Build Polluter Pays Principle into Climate Action, has more on Sen. Whitehouse’s bill.  Sen. Whitehouse and co-sponsor Brian Schatz (D-HI) re-introduced an updated version in June 2015.

Managed Carbon Price Act of 2014 

On May 28, 2014, Rep. McDermott (D-WA) introduced H.R. 4754, a direct and transparent measure to phase out free dumping of climate pollution into our atmosphere. The 21-page bill would steadily raise the cost of climate pollution, enabling investments in renewable energy and efficiency to compete effectively with continued extraction and burning of dirty fossil fuels.

McDermott’s pollution tax would start modestly at $12.50/tonne (metric ton) of CO2 and rise annually by the same amount ($12.50/tonne), reaching $125/tonne CO2 within a decade. The result, according to CTC’s carbon tax spreadsheet model, would be a one-third reduction in U.S. carbon pollution in the tax’s tenth year, vis-a-vis actual U.S. emissions in 2005. By 2030, the target year for the heralded new EPA-White House Clean Power Plan, the McDermott pollution tax would be reducing U.S. CO2 emissions by an estimated 2,051 million metric tons per year, or nearly 6 times the 355 million tonne reduction we have estimated for that year from the Clean Power Plan.

McDermott Graph

Rep. McDermott’s Managed Carbon Price Act of 2014 compared to June 2014 EPA “Clean Power” proposal

Obviously, a carbon tax like that in the McDermott bill requires an act of Congress — a far more difficult process (though administratively simpler) than the EPA plan. Nevertheless, the nearly 6-fold difference between their respective CO2 reductions is instructive, illustrating both the narrow scope of the EPA plan and the vast reach of carbon taxing.

Other Key Features of McDermott’s Managed Carbon Price Act:

  • Dividend: Returns 100% of revenue to individuals as equal (pro rata) “dividends.”
  • Other greenhouse gases: The five other major GHG’s, including methane, are taxed at their CO2 climate-damage equivalence.
  • Border Tax Adjustments: HR 4754 would tax the climate pollution of imported goods at the same rate as domestic goods, creating strong and growing incentives for other nations to tax climate pollution while protecting U.S. manufacturers from unfair competition by countries that do not tax climate pollution.

Sanders-Boxer “Climate Protection Act”

On February 14, 2013, Senators Bernie Sanders (I-VT) and Barbara Boxer (D-CA) introduced the Climate Protection Act. Sanders-Boxer would  impose an economy-wide tax on CO2 pollution, starting at $20/T CO2 and rising over a decade to $33/T CO2. We estimate that this price signal and trajectory would induce a 12% reduction in CO2 emissions over the course of a decade. The measure includes border tax adjustments to protect domestic industry and encourage other nations to enact their own carbon taxes. Sen. Sanders posted a rousing op-ed in the Huffington Post in July 2014 in support of his and Sen. Boxer’s bill.

The Progressive “Back to Work” Budget

The House Progressive Caucus has also included a carbon tax in its 2014 Better Off Budget proposal. The tax would start at $25/T CO2 and rise 5.6% annually, raising $1.1 trillion in revenue between 2014-2023.


Earlier Carbon Pricing Proposals

Carbon Tax Proposals:

Rep. Stark (D-CA) introduced H.R. 594 “Save Our Climate Act of 2009″ (1/15/09):

  • A carbon-content tax on fossil fuels starting at $10/ton CO2
  • Increasing by $10 every year.
  • Upstream:  Fossil fuels taxed they enter the U.S. economy (i.e., at the production or importation level).
  • Revenue use: not specified.
  • Exports credited for carbon tax.

Rep. Larson (D-CT) introduced H.R. 1337 “America’s Energy Security Trust Fund Act of 2009″ (3/5/09):

  • A carbon-content tax on fossil fuels starting at $15/T CO2.
  • Increasing by $10 each year, but in any year that EPA-identified emission targets (based on reaching 80% below 2005 emissions by 2050) are not met, the tax would increase by $15.
  • We have estimated the carbon-reducing impact of the Larson bill, using CTC’s 4-Sector Carbon Tax Impact Model. Projected emissions reduction trajectory would meet 80% by 2050.
  • Upstream (at production or importation).
  • Revenue use:
    • 1/6 of first year’s revenue for clean energy technology research (funding amount remains fixed at tax rate increases),
    • 1/12 (declining to zero over 10 years) for affected industry transition assistance,
    • All remaining revenue distributed to individuals. Returns payroll taxes via a federal income tax credit. In the first year, payroll taxes on the first $3,800 of earnings returned; amount of returned revenue rising with the tax rate. Social Security recipients receive a 10% supplement.
  • Border Adjustments: carbon equivalency fee on carbon-intensive goods imported from non-carbon taxing nations.  Exported goods credited for carbon tax.

Rep. Inglis (R- SC) introduced H.R. 2380, “Raise Wages, Cut Carbon Act of 2009’’ (5/13/09):

  • Upstream carbon tax.
  • Starting at $15/T CO2 rising to $100 in 30 years.
  • All revenue used to reduce payroll tax rate.  (Contrast with Larson bill which would exempt first ~ $3,800 earned from payroll tax.)
  • Tax reduction split between employer and employee.
  • Border Adjustments: equivalent tax on imports, exports credited.

Managed Market” Proposal

Rep. Doggett (D-TX) introduced H.R. 1666 “Safe Markets Development Act of 2009″ (3/23/09):

  • Cap-and-trade program to reduce greenhouse gas emissions from covered sources from 6.153 billion metric tons in 2012 to 253 million in 2050.
  • Treasury to auction 100% of allowances quarterly.
  • Board (6 members, appointed by President) to set targets for allowance prices, manages quarterly auctions by changing supply of allowances to maintain a smooth price path through 2019, oversees secondary markets (not clear how).
  • Covered entities may bank up to 5% of allowances from a calendar year.
  • Revenue use: not specified.

Cap and Trade Proposal:

Reps. Waxman (D-CA) and Markey’s (D-MA) “American Clean Energy Security Act” (7/7/09):

ACESA included a cap-and-trade title, including 2 billion tons of offsets (up to 75% international) effectively delaying domestic U.S. emissions reductions by at least a decade. The bill would have given away 85% of allowances, auctioning only 15%. (Grist summary here.)

“Cap and Dividend” Proposals:

Senators Cantwell (D- WA) and Collins (R-ME) introduced the Carbon Limits and Energy for America’s Renewal (CLEAR) Act (12/11/09):

While retaining a “cap” and limited trading, CLEAR would avoid the most profound flaws of the Waxman-Markey bill (passed by the House) and the Kerry-Boxer bill (which stalled in the Senate).  CLEAR would set a floor and ceiling (“collar”) on carbon allowance prices, authorize only “covered entities” to hold allowances and would not allow offsets to be used in place of allowances.  CLEAR proposed to “recycle” 75% of revenue directly to households, contrasting sharply with the cap-and-trade bills’ give-away of carbon revenue and its equivalent in free allowances to an array of special interests and energy projects.  With Sen. Susan Collins’ (R-ME) co-sponsorship, CLEAR began as a bipartisan proposal.

CLEAR purported to preclude a secondary market (or “derivatives”) in carbon allowances.  But analysts raised doubts about whether the bill could prevent large energy users  from contracting to hedge against seasonal and cyclical price swings. Also, the low price range of bill — $7 to $21 per ton of CO2 in the initial year, 2012, rising each year at approximately 6% above inflation — is not nearly sufficient to achieve the needed emissions reductions. CTC’s Carbon Tax Model suggests that this price trajectory would only lead to a 7.5% drop in U.S. CO2 emissions from 2005 levels in 2020. Instead of a substantial price signal, the bill relied heavily on subsidies for clean-energy investment which would come from the 25% of revenue not returned to households.  CLEAR’s goal was emissions reductions of 20% from a 2005 baseline by 2020. CLEAR’s price collar would have made carbon prices more predictable, closer to a carbon tax than other cap-and-trade proposals. But its $7 – 21 range was wide enough to allow significant volatility that could discourage investment in alternatives and efficiency while generating profits for speculators. Potential volatility combined with CLEAR’s low price meant that its price signal would be “noisy” and small — not the clear upwardly trending price signal that would most strongly encourage low-carbon energy.

Finally, a volatile price would have made linkage to international carbon markets (or carbon taxes) needlessly complex or even impossible.

Rep. Van Hollen (D-MD) introduced H.R. 1862 “Cap and Dividend Act of 2009″ (1/1/09):

  • CO2 Cap. Fossil fuel producers, importers surrender permits for CO2 emissions each year. Permits decline annually, leading to an 85% reduction below 2005 CO2 emissions from covered entities by 2050.
  • 100% auction of permits
  • Permits tradeable.
  • Volatility-limiting measures: Unlimited banking. Borrowing if permit prices increase more than 100%.
  • Revenue use: Funds distributed monthly in equal amounts to those with a social security number.
  • Border Adjustments: Exporters credited, importers pay “carbon equivalency fee.”

Related CTC Blog Posts and News Items:

2020 presidential campaign

Last update: June 11, 2019

Inslee demands DNC rescind its climate-debate ban

Washington Gov. Jay Inslee used his June 11 appearance on “Democracy Now” (downloadable MP3) to demand the Democratic National Committee withdraw its threat to exclude from its forums any presidential candidate who participates in non-DNC-sanctioned debates.

Inslee addressed the DNC stance at the start of his 30-minute interview with Democracy Now hosts Amy Goodman and Juan Gonzalez (the segment begins at minute 13:00 of the program). The interview focuses, as does Inslee’s campaign, on climate change but it also ranges across related topics such as immigration, health care and economic development.

Biden climate plan includes a fee on carbon pollution . . . and carbon tariffs

Former V-P and current Democratic front-runner Joe Biden “proposes that Congress pass a law by 2025 to establish some form of price or tax on carbon dioxide pollution, a policy championed by most economists as the most effective way to fight climate change,” the New York Times reported on June 4.

Though Biden did not specify a dollar level for a carbon tax, and a 2025 launch date appears very far off, his climate plan, which goes far beyond a carbon price, was applauded by some activists. “He put out a comprehensive climate plan that cites the Green New Deal and names climate change as the greatest challenge facing America and the world,” Varshini Prakash, executive director of the Sunrise Movement, told the Times. “The pressure worked.”

The Biden plan also includes “carbon tariffs” on imported goods, according to the Times. Such a measure presumes a U.S. carbon tax, since carbon tariffs would be levied on the excess of domestic U.S. carbon taxes relative to other countries’ own carbon price. (For more on carbon tariffs see our Border Adjustments page.)

Dems: 8 out of 18 strongly for taxing carbon emissions

A year and a half out, the 2020 presidential campaign has already paid more attention to climate change than any previous election — perhaps even every previous election combined. (Bill McKibben surveyed the depressing history as part of an election preview for Politico.)

The best news of all is that voters are speaking up. In an April 2019 Monmouth University Poll of Iowa Democrats, climate change ranked second among issues of concern, albeit far behind health care. (Environmental concerns generally also ranked fairly high, which may also reflect climate concern.) The June 4 Times article cited above (re Biden) quoted a Democratic pollster proclaiming, “Climate change is an incredibly important issue for the Democratic base right now. It’s about the future, and it’s something that [President Trump] has made worse in the minds of the Democratic base.”

The candidates — well, the Democrats, anyway — are responding:

The dozen candidates shown above have pledged to campaign free of fossil fuel contributions, according to Oil Change International

Only three candidates have explicitly endorsed a carbon tax, however. Aside from Biden, Former Maryland representative John Delaney  was an original cosponsor of the Energy Innovation and Carbon Dividend Act of 2018, which largely followed Citizens’ Climate Lobby’s fee-and-dividend template. And South Bend, Indiana, mayor Pete Buttigieg made an articulate case for the same approach in an appearance on the Tonight Show (beginning at 6:15):

There’s also a plan called a carbon tax and dividend. Basically you set a price on things that put carbon into the atmosphere, but then you can rebate that back out to the American people so most of us would actually be better off if we did it. Meanwhile it would help change the economic incentives so that you’d see less activity that hurts the environment. Because the true cost is not reflected in the price of, for example, energy that comes from coal. If you were facing the true cost of it you’d have to set that price a lot higher.

Most of the field has been tiptoeing around the issue, perhaps fearing, in the words of New York Times columnist David Leonhardt, that carbon taxes “focus people’s attention on the short-terms costs of moving away from dirty energy” instead of on the benefits of clean energy.

But if they aren’t running on carbon pricing, at least some of the candidates aren’t running away from it, either. In April 2019, when the Times surveyed the announced Democratic candidates (18 at the time) on climate change, it found seven who “put their weight firmly behind a carbon tax”: Cory Booker, Pete Buttigieg, Julián Castro, John Delaney, Kirsten Gillibrand, Marianne Williamson and Andrew Yang. (Presumably, Biden has joined the ranks.)

Five others said they were “willing to consider” a carbon tax, according to the Times: Jay Inslee, Amy Klobuchar, Beto O’Rourke, Tim Ryan, Eric Swalwell.

In  May 2019, Citizens Climate Lobby posted a more detailed survey, Which 2020 candidates support carbon pricing?, with thumbnails of eight Democratic candidates as well as two possible Republican challengers to President Trump.

Sanders is said to “demote” carbon taxing

A Climatewire story in early June examined the reticence of climate hawk and erstwhile carbon tax proponent Sen. Bernie Sanders to express support for carbon taxing in 2019. Though the story, Sanders demotes carbon taxes. Here’s what it means for Dems, leads with the Vermont senator, it finds a similar reluctance across much of the Democratic field.

First, about Sanders:

His [Sanders’] 2020 presidential campaign still focuses on global warming, but gone are the regular broadsides over carbon pricing. Missing, too, is any reference to carbon taxes in the climate section of his official campaign website. Instead, Sanders has chosen to emphasize the Green New Deal when talking about climate change — a shift that underscores how much the politics of global warming have transformed in a few short years. Part of that, perhaps, is a broader decline in enthusiasm for carbon pricing among left-leaning politicians and activists.

Climatewire also notes:

Sanders’ shift in focus is striking. During the 2016 campaign, Sanders repeatedly hammered Clinton over her unwillingness to get behind a tax on carbon emissions. “I would ask you to respond. Are you in favor of a tax on carbon?” he asked in one debate. Later — after Clinton had sewn up the Democratic nomination — Sanders pressed to include carbon taxes in the party’s 2016 platform in part by appointing longtime environmentalist Bill McKibben to the drafting committee.

(We reported those 2016 developments in two posts, What the Sanders-Clinton Clash over a Carbon Tax Says about Democrats and Climate Change, and Democratic Platform Vote Was a Win for Carbon Taxes.)

The Climatewire story concludes with a curious but revealing quote from an advisor to Congressmember and Green New Deal spearhead Alexandria Ocasio-Cortez. “I feel we’re very locked into what we can do when we lead with a carbon tax,” says Andrés Bernal. The operative word is “lead,” as the story implies by noting that Bernal’s statement “doesn’t mean [he] doesn’t see carbon taxes as part of the equation at some point.”

Even so, any “lock-in” would be in the realm of politics, not policy. A carbon tax was never going to be a stand-alone, but rather both a market-pulling force and a pay-for, as this site has pointed out practically since its founding in early 2007, most recently in the April post by CTC policy associate Bob Narus, Green New Dealers Should Embrace a Carbon Tax.

Beto O’Rourke

On April 29, former Texas representative Beto O’Rourke surprised everyone by being first out of the Democratic gate with a comprehensive climate policy. His four-part plan includes:

  • Immediate executive and regulatory actions ranging from controlling methane leakage and building efficiency standards to “clean” government procurement
  • $1.5 trillion in spending (paid for by taxes on the wealthy and corporations), leveraging an additional $3.5 trillion in non-government spending, on clean energy investments and R&D
  • A 2050 target date for net-zero emissions
  • Efforts to protect communities, agriculture and military installations from the impacts of climate change

O’Rourke doesn’t use the term “carbon tax,” but he does promise a “legally enforceable standard” for meeting the 2050 deadline, explaining:

This standard will send a clear price signal to the market to change the incentives for how we produce, consume, and invest in energy, while putting in place a mechanism that will ensure the environmental and socio-economic integrity of this endeavor — providing us with the confidence that we are moving at least as quickly as we need in order to meet a 2050 deadline.

That language seems to envision some form of carbon pricing.

Jay Inslee

On May 3, Washington Governor Jay Inslee released his “100% Clean Energy for America Plan” in several media (videoWeb page, 8-page pdf). Carbon pricing isn’t mentioned. Excerpts from the Inslee campaign’s Web page:

Governor Jay Inslee’s 100% Clean Energy for America Plan will achieve 100% clean electricity, 100% zero-emission new vehicles and 100% zero-carbon new buildings. This plan will empower America to make the entire electrical grid and every new car and building climate pollution-free, at the speed that science and public health demand.

The 100% Clean Energy for America Plan is the first major policy announcement in Governor Inslee’s Climate Mission agenda – a bold 10-year mobilization to defeat climate change and create millions of good-paying jobs building a just, innovative and inclusive clean energy future, with meaningful targets and plans for execution based on his experience as a governor. Governor Inslee will announce additional major planks of his detailed climate plan in the coming weeks.

Two weeks later came Phase 2 — Inslee’s Evergreen Economy Plan.  The 38-page plan defies easy summarization, but highlights include:

  • a Rebuild America Initiative to upgrade buildings
  • a $90 billion green bank to support clean energy projects
  • a $3 trillion infrastructure program
  • a clean manufacturing program, including federal procurement standards
  • greatly expanded clean-energy R&D
  • higher wages, benefits and union rights for clean-energy workers

All told, Inslee proposes spending $300 billion per year, leveraging another $600 billion in private investment , for a total of $9 trillion over a decade. No word yet on where he plans to get that $300 billion/year. “I have plans,” he told us at a Manhattan meet-and-greet the same day he released the proposal.

Not surprisingly, Inslee is winning the David Roberts Primary:

To put it bluntly, Inslee is writing a Green New Deal. . . . This isn’t just a campaign play, it’s a document the next Democratic president is going to want in-hand when the time comes to get to work.

Alexander Kaufman at Huffington Post also has a good summary of Inslee’s plan.

Environmental Regulation

Federal regulations over the past half-century have wrought impressive improvements in U.S. air and water quality. In particular, the 1970 Clean Air Act and its 1977 and 1990 amendments have significantly reduced concentrations of particulates, nitrogen and sulfur oxides, and other harmful pollutants in “ambient air” in almost every part of the United States.

Much of this improvement has come about from “technology forcing,” as regulations limiting permissible emissions — for example, in pounds of pollution per kilowatt-hour generated — led electric utility companies to test, procure and install pollution-control devices that drastically cut soot and acid rain emissions from coal-fired power plant smokestacks.

These and similar successes have led many climate advocates to urge similar regulatory pathways to curb carbon emissions. Another consideration is that unlike carbon taxes, whose pass-through to the consumer level would be highly visible, regulations appear to target only big-business corporations, making them broadly popular among the public and, thus, to politicians.

Nevertheless, regulatory approaches may offer only modest prospects for controlling and reducing emissions of carbon dioxide and other greenhouse gases, for several reasons. For one thing, the absence of antipollution devices for capturing or lowering CO2 emissions limits the scope of technology-forcing regulation. For another, promulgation of regulations is necessarily piecemeal and reactive. Moreover, the regulation-setting and administering process itself is cumbersome, delay-prone and subject to legal challenge by carbon interests.

The last issue is the subject of a penetrating paper, Legal and Administrative Pitfalls That May Confront Climate Regulation, by Case Western University law professor Jonathan H. Adler, which the Niskanen Institute published in March 2021. The institute posted a summary version of the paper on its Website, which we reproduce in full, below.

Legal and Administrative Pitfalls that May Confront Climate Regulation

By Jonathan H. Adler

Key Takeaways

  • Greenhouse gas regulations may be vulnerable to legal attacks, state resistance, and administrative delays that will compromise their ability to produce rapid reductions in emissions.
  • Climate regulations will be particularly vulnerable insofar as they are not clearly authorized by legislation.
  • Adopting new regulations can be a long, drawn-out process and agencies routinely miss legal deadlines even when regulatory policies are clearly authorized by statutes.
  • Because the administrative process is cumbersome, prone to delay, and subject to judicial review, nonregulatory measures may be a more rapid and secure way to reduce GHG emissions.
  • A carbon tax would be less vulnerable to administrative delays and legal challenges than comparable emission-control regulations.

The ink on the Patient Protection and Affordable Care Act was scarcely dry before the legal assault on health care reform began. The first state lawsuit, which would eventually reach the Supreme Court, was literally filed the very same day President Barack Obama signed the PPACA into law, and additional lawsuits soon followed.

Meaningful climate policies are certain to come under equally aggressive legal attack. Indeed, some opponents of the Obama administration’s climate initiatives sought to challenge the Environmental Protection Agency’s Clean Power Plan before it had even been promulgated.

There is a mismatch between the stated urgency of the problem and the focus on federal regulation as the dominant climate policy tool. Environmental advocates and the Biden administration are committed to urgent action on climate change, as dramatic and rapid reductions in greenhouse gases are necessary to meet the administration’s long-term targets and to ultimately stabilize atmospheric concentrations of greenhouse gases (GHGs) at acceptable levels. Yet some potential paths forward entail significant practical obstacles and legal risks, particularly if the aim is to achieve emission reductions quickly.

Prioritizing regulatory measures over fiscal instruments may be a strategic mistake. Regulatory mandates, particularly if based upon existing statutory authority, will be vulnerable to legal attack, obstruction, and delay. Even in the best of times, the control of GHG emissions through federal regulation would be a long and cumbersome process, requiring dozens of complex rulemakings. Yet these are not the best of times. Federal agencies, the EPA in particular, are depleted of personnel and expertise. At the same time, a phalanx of economic and ideological interests stands ready to challenge every climate policy initiative. A potentially hostile judiciary will further complicate efforts to make federal regulation a central component of carbon control.

Enactment of climate legislation expressly authorizing federal regulation of GHG emissions and other regulatory efforts to reduce the carbon intensity of the American economy can reduce the legal risks and accelerate the rate at which such policies can be adopted and implemented, but only on the margin. Adopting regulatory controls, sector-by-sector, technology-by-technology will be immensely resource intensive for the EPA and other federal agencies. Even with authorizing legislation, federal regulatory strategies may remain more time-consuming, conflict-ridden, and legally vulnerable than fiscal measures. A carbon tax, in particular, would be more legally secure and administratively easier to implement than regulatory controls on energy use and GHG emissions. In all likelihood, a nationwide carbon tax could be implemented in less time, and with less legal and administrative wrangling, than a single, sector-specific GHG emission standard.

Any meaningful climate policy will face concerted opposition. If climate policy is to be effective, the fact of such opposition, and its potential to delay and derail implementation, must be taken into account. It is often said that the perfect policy should not be the enemy of the good. It is equally true that a good policy that cannot be implemented as planned is not so good after all. If the aim is to adopt climate policy measures that are capable of reducing GHG emissions quickly and sustainably, this analysis suggests a carbon tax and federal spending initiatives are more promising than federal regulatory measures.

This paper surveys the legal vulnerabilities and administrative obstacles to the rapid adoption of regulatory measures capable of achieving meaningful GHG reductions. This analysis does not purport to identify which climate policies would be the most effective in the abstract, or in the absence of administrative and legal constraints. Nor does this paper make any claims about what sorts of measures can pass Congress now or in the future. Rather, this analysis seeks to inform the choice of climate strategies by highlighting the risks faced by climate measures once they are enacted by Congress or promulgated by federal regulatory agencies.