Separating Controversy and Climate Change: How the Unites States Could Lead Climate Change and Energy Reform With the Growth of Renewable Energy Sources Globally

• Jurisdiction: United States,Federal
• Citation: Vol. 32 No. 4
• Publication year: 2018

Separating Controversy and Climate Change: How the Unites States Could Lead Climate Change and Energy Reform with the Growth of Renewable Energy Sources Globally

Tiffany Weatherholtz

SEPARATING CONTROVERSY AND CLIMATE CHANGE: HOW THE UNITED STATES COULD LEAD CLIMATE CHANGE AND ENERGY REFORM WITH THE GROWTH OF RENEWABLE ENERGY SOURCES GLOBALLY

Introduction

In the United States, individual states and their political leaders often view climate change and energy independence as disputable topics in a political debate.¹ Nonetheless, scientific consensus remains that climate change occurs due to human emissions of greenhouse gases,² creating the need for collaboration among states, tailored to each state's capacity to contribute. Due to differing capacities and access to energy resources,³ states have developed distinct strategies for obtaining energy, potentially with individualized cost-benefit analyses for producing energy—specifically renewable energy. An increased reliance on renewable energy sources could decrease imports of petroleum and increase the energy independence of the United States as a whole, providing an opportunity for the United States to be an innovative world leader and a responsible state in the international community.

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Though individual states may reduce emissions separately, it is more difficult to impact global emissions absent federal action. Further, while states acting unilaterally in the international arena may give rise to concerns about federalism, there is an avenue for states to change international efforts legally without implicating federalism concerns. This Comment proposes that each state willing to commit to combatting climate change and promoting energy independence reform should first act through its applicable state department,⁴ with citizens and politicians making their intent known to local and state officials and representatives.⁵ Next, a meeting of Congress should occur where states with populations in favor of reform will announce their intentions and volunteer for greater responsibility and accountability by entering into a new interstate agreement. Then, the President, with the Senate's approval, may enact an enforceable, binding treaty⁶ on behalf of the United States,⁷ with specific, volunteering states held to a higher standard from the new interstate agreement described above.⁸

Thus, with the divide in the recent election,⁹ President Donald J. Trump would balance concerns on both sides¹⁰ and will escape controversy¹¹ by

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allowing individual volunteering states to be accountable through an interstate agreement, acting congruent with federalism concerns. Further, in accordance with state responsibility, through an enforceable, binding treaty entered into after the interstate agreement, the United States will join international efforts, easing international tension from countries displeased with the United States' past failure to engage in more climate change initiatives.¹² Therefore, this Comment focuses on how the United States can commit to reducing our contribution to climate change and increasing energy independence by specific states taking more responsibility in order for the United States to commit to an internationally binding, enforceable treaty that increases renewable energy sources while balancing domestic concerns.

This Comment will proceed as follows. Part I will describe the current situation of uncertainty in the United States on climate change, individual state contributions, interstate organizations, international agreements, and the impetus for a treaty based off of an interstate agreement. Part II contains an analysis for the interstate agreement and an analysis for a treaty based on an interstate agreement. Under the interstate agreement, this Comment will focus on potentially implicated laws in the United States, congressional consent, voluntary state action, and translocal organizations of government actors and uncooperative federalism. Under the treaty, this Comment will focus on obtaining senatorial consent and alternatives in the event this consent is not obtained. Part III will propose the solution and describe remaining challenges, followed by a summary of this Comment.

I. Background

To explain the necessity for the United States to address climate change, this Comment begins by discussing the current situation in the United States regarding climate change that gives rise to complexity in proposing a solution. This Comment then provides how individual states, interstate organizations, and international agreements each either attempt or avoid climate change reform. Lastly, this Comment describes the current international situation that could motivate the United States to enter future treaties, as proposed.

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A. Current Situation of Uncertainty in the United States

During the recent presidential election, state officials realized how the election could affect climate change policies.¹³ Now, uncertainty among climate change policies exists throughout the United States with state officials¹⁴ taking a firm stance against regulation, while other state officials call for more stringent regulations.¹⁵ Some states want fewer emissions standards¹⁶ while other states push for higher standards.¹⁷ Thus, the divide among states regarding policies on renewable energy sources currently leaves a gap in regulation.

Regrettably, the United States has been one of the top carbon dioxide¹⁸ emitters for the past five years,¹⁹ with the greatest contribution coming from

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energy and heat production.²⁰ Carbon dioxide and other greenhouse gas emissions produced by the United States, as well as other countries, currently exceed the capacity of natural processes to absorb carbon, resulting in an increase in atmospheric greenhouse gases warming the planet.²¹ However, renewable energy²² does not release the same emissions²³ as fossil fuels.²⁴ Accordingly, renewable energy provides a path to sustainable development²⁵ through "sustained economic growth that is environmentally sustainable."²⁶

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Notwithstanding benefits of sustainable development relating strictly to climate change, renewable energy offers potential energy independence.²⁷ Currently, the United States produces about eighty-six percent of the energy consumed in the United States²⁸ but imports petroleum,²⁹ mainly for electricity and fuel for vehicles.³⁰ However, with a focus on new technology related to renewable energy, the United States could use a Smart Grid³¹ to incorporate domestic renewable energy production from wind or solar energy sources to be used for electricity.³² As the cost for electric vehicles decreases, renewable energy may also be used to fuel electric vehicles³³ in more ways than simply using biomass fuels for transportation.³⁴ Therefore, while the presidential transition in the United States led to different reactions by different states with respect to climate change and renewable energy sources, the urgency for the United States to participate in reducing our contribution to climate change and the continued interest in innovation for renewable energy sources remains.

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B. Individual States' Contributions

Despite contributions by the United States to greenhouse gas emissions and the benefits of renewable energy for climate change and energy independence, renewable energy in the United States accounts for approximately ten percent of energy consumption and approximately twelve percent of energy production.³⁵ One reason renewable energy sources make up such a small part of overall energy use is that, in general, cost creates a significant barrier³⁶ to its use.³⁷ A scheme is needed that gives priority to renewable energy investments,³⁸ creates efficient incentives, and strengthens the state's role.³⁹ In order for more states to choose renewable energy, the marginal benefits of the total renewable energy solution (not simply the benefits for reducing the effects of climate change) have to be greater than the marginal costs for participation, so that the utility is maximized and the risk is minimized.⁴⁰ Natural resource economics suggests that discounted total annual cost savings from switching to active solar or windmill power must be greater than the capital cost⁴¹ or that a backstop price⁴² must be reached before renewable energy sources will be used.⁴³

States' programs differ in mandating or incentivizing renewable energy sources.⁴⁴ States' options include tax subsidies,⁴⁵ regulatory approaches,⁴⁶ and

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cap-and-trade programs⁴⁷ to decrease the costs of renewable energy and increase the use of renewable energy sources. More specifically, to encourage investment in renewable energy sources, states have adopted other strategies, including: renewable portfolio standards,⁴⁸ public benefits funds for renewable energy,⁴⁹ output based environmental regulations,⁵⁰ net metering,⁵¹ feed-in tariffs,⁵² property assessed clean energy (PACE),⁵³ financial incentives,⁵⁴ and Power Purchase Agreements (PPA).⁵⁵ For example, California⁵⁶ "has a cap and trade system in which electric utilities, fuel distributors and other businesses buy emission permits through auctions or from one another. New York and

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eight other Eastern states have a similar program for power plants."⁵⁷ For wind and solar energy, factors like government investment and tax credits reduce the cost of production.⁵⁸

States also face the challenge of handling environmental concerns alongside cities or counties, state environmental agencies or health departments, and federal agencies.⁵⁹ States are required to follow federal mandates⁶⁰ but are not required to set up extensive programs for renewable energy.⁶¹ This Comment assumes factors—such as suitability of a region for renewable energy and cost-benefit analyses for states influenced by climate change—may affect states' willingness to participate in global renewable energy solutions. Different regions are more...