Trump’s Move to Kill the Clean Air Act’s Climate Authority Forever

The Trump administration has formally declared that carbon dioxide and other greenhouse gases are not dangerous pollutants. If the president gets his way, then the Environmental Protection Agency may soon surrender any ability to regulate heat-trapping pollution from cars and trucks, power plants, and factories — in ways that a future Democratic president potentially could not reverse.

On this week’s episode of Shift Key, we discuss whether Trump’s EPA gambit will work, the arguments that the administration is using, and what it could mean for the future of U.S. climate and energy policy. We’re joined by Jody Freeman, the Archibald Cox Professor of Law at Harvard and the director of Harvard’s environmental and energy law program. She was an architect of the Obama administration’s landmark deal with automakers to accept carbon dioxide regulations.

Shift Key is hosted by Jesse Jenkins, a professor of energy systems engineering at Princeton University, and Robinson Meyer, Heatmap’s executive editor.

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Here is an excerpt from our conversation:

Robinson Meyer: I just want to make a related question, which is, you can actually say some of the sentences in the DOE report — you can believe tornadoes don’t show any influence from climate change and still believe heatwaves do, and still believe extreme rainfall events do. In fact, you could believe the cost of heat waves getting worse could justify the entire regulatory edifice.

Jody Freeman: What I love about you, Rob, right now, is you’re kind of incensed about little points that might individually sort of be right, maybe each one separately, but none of it adds up to even a chink in the armor. Right? And what’ll have to happen is the scientific community writ large, en masse, is going to have to come back and say, even if one or two or three of these sentences could possibly, plausibly be actually accurate, it does nothing to change the overwhelming —

Jesse Jenkins: It doesn’t matter.

Freeman: Right. What I think is happening is we’re all getting poked and distracted and tweaked into outrage over science, when in fact, the first argument they’re making is the one where they could actually attract some judges and justices to say, Oh wait, maybe you have a little more discretion here to set a threshold level. You know, Maybe it matters that you’re saying nothing we do here in the U.S. will make a difference in the end to global warming, and maybe that is a reason you don’t want to regulate. Hmm, maybe we’ll accept that reason. And that’s what we need, I think, to be more concerned about.

Jenkins: You’re saying, don’t get distracted by the fight over the climate science. That fight is very clear. It’s this legal argument that this isn’t an air pollutant because it’s not a local air pollutant, it mixes globally with all the other CO2, and we can’t, you know, each class of cars is a tiny contributor to that, and so we shouldn’t worry about it —

Freeman: And much of this is a replay, or a rehash of arguments that the George W. Bush administration lost in Massachusetts vs. EPA. So a lot of this is like, let’s take another run at the Supreme Court.

Mentioned:

The EPA Says Carbon Pollution Isn’t Dangerous. What Comes Next?

The EPA on its reconsideration of the endangerment finding

Jody’s story on the change: Trump’s EPA proposes to end the U.S. fight against climate change

Jesse’s upshift (and accompanying video); Rob’s sort of upshift.

This episode of Shift Key is sponsored by …

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Music for Shift Key is by Adam Kromelow.