{"id":145742,"date":"2010-01-06T13:26:53","date_gmt":"2010-01-06T18:26:53","guid":{"rendered":"http:\/\/www.grist.org\/article\/2010-01-06-sen.-byron-dorgan-to-retire\/"},"modified":"2010-01-06T13:26:53","modified_gmt":"2010-01-06T18:26:53","slug":"what-might-sen-byron-dorgans-retirement-mean-for-climate-legislation","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/145742","title":{"rendered":"What might Sen. Byron Dorgan&#8217;s retirement mean for climate legislation?"},"content":{"rendered":"<p>\t\t\t\tby Joseph Romm <\/p>\n<p><a href=\"http:\/\/blogs.usatoday.com\/onpolitics\/2010\/01\/north-dakota-sen-byron-dorgan-to-retire.html\">Sen.<br \/>Byron Dorgan, a 18-year veteran Democrat, dropped a late-day bombshell,<br \/>announcing&nbsp;he will retire when his term ends this year. Dorgan&#8217;s<br \/>announcement represents an opportunity for Republicans: North Dakota is<br \/>a Republican-leaning state, where President Obama got just 45 percent of the<br \/>vote last year.<\/a><\/p>\n<p>What&#8217;s bad news for the Dems in the longer term could be good news<br \/>for the climate bill in the short term. Nate Silver had given Dorgan a<br \/><a href=\"http:\/\/climateprogress.org\/2009\/07\/14\/who-are-the-swing-senators-for-climate-clean-energy-bill\/\">&#8220;Probability of Yes&#8221; vote of 22 percent<\/a>.&nbsp; He was certainly going to be among the 5 toughest Dem votes to get.<\/p>\n<p><\/p>\n<p>But now he doesn&#8217;t face a tough reelection, and the Senator from the<br \/>state he himself calls &#8220;the Saudi Arabia of wind&#8221; is free to vote his<br \/>conscience. Indeed, all things being equal, I think he&#8217;d like to vote<br \/>&lsquo;yes&#8217;&#8212;see post &#8220;<a href=\"http:\/\/climateprogress.org\/2009\/07\/20\/senator-byron-dorgan-climate-bill-cap-and-trade-derivatives\/\" rel=\"bookmark\" title=\"Permanent Link to When Sen. Dorgan finds out what's in the climate bill - hint, hint, White House - he might just support it\">When Sen. Dorgan finds out what&#8217;s in the climate bill&#8212;hint, hint, White House&#8212;he might just support it<\/a>,&#8221; which I&#8217;ll excerpt and update here:<\/p>\n<p><\/p>\n<p>In July, Dorgan published an<a href=\"http:\/\/www.bismarcktribune.com\/articles\/2009\/07\/19\/news\/opinion\/letters\/190161.txt\"> op-ed<\/a> in The Bismarck Tribune with contents that mostly suggests he might actually be a real<br \/>fence-sitter and filibuster buster if somebody actually explained the<br \/>bill to him and worked to address his concerns&#8212;and if he didn&#8217;t have<br \/>to worry about reelection.<\/p>\n<p><\/p>\n<p>Indeed, the sole objections he raises to the bill&#8212;the potential<br \/>for Wall Street to engage in questionable derivatives tradings and<br \/>speculative bubbles that might drive the price of CO2 soaring&#8212;are<br \/>actually addressed in Waxman-Markey by <a href=\"http:\/\/climateprogress.org\/2009\/07\/09\/nasas-james-hansen-pushes-false-misleading-and-pointless-attack-on-u-s-climate-action\/\">multiple provisions<\/a>. As an important aside, it would be almost impossible to write a bill reducing CO2 emissions that would not lead to &#8220;<a href=\"http:\/\/en.wikipedia.org\/wiki\/Derivative_%28finance%29\">derivatives<\/a>,&#8221; which, after all, include futures contracts and options.<\/p>\n<p><\/p>\n<p>If you are going to create a CO2 price&#8212;really the only way of<br \/>reducing CO2 other than mandatory, command-and-control, sector-based<br \/>emissions regulations (which it is impossible to believe Dorgan<br \/>supports)&#8212;then Wall Street is going to create futures and options to<br \/>allow companies to mitigate risk. And that&#8217;s a very good thing, as<br \/>even conservative economists will tell you.<\/p>\n<p><\/p>\n<p>The<strong> <\/strong>only question is whether you design a system<br \/>with checks and balances against fraudulent derivatives and<br \/>speculation, which the House bill does and which the Senate bill will<br \/>no doubt improve.<\/p>\n<p><\/p>\n<p>Now, you might say that Dorgan isn&#8217;t interested in a real bill, that<br \/>he is just positioning himself for a &#8220;no&#8221; vote.&nbsp; Well, if so, he has<br \/>written a very strange op-ed. Let me excise all the &#8220;railing against<br \/>Wall Street&#8221; stuff, and see for yourself:<\/p>\n<p>I&#8217;m in favor of taking action to reduce CO2 emissions and to protect our environment &#8230;<\/p>\n<p><\/p>\n<p>I support capping carbon emissions. But it has to be done the right<br \/>way, with targets and timelines that allow us to accomplish our goals<br \/>without driving the cost of energy for homeowners and businesses out of<br \/>sight &#8230;<\/p>\n<p><\/p>\n<p>I&#8217;m willing to cap carbon to address the threat to our environment.<br \/>But it has to be done right. I will support a plan that establishes<br \/>workable caps, invests in technology to decarbonize fossil fuels, and<br \/>sends the majority of the revenue raised to consumers to offset<br \/>increases in the price of electricity resulting from the caps.<\/p>\n<p><\/p>\n<p>Energy is an important part of our lives. We need to work to<br \/>decarbonize the use of coal so that we can use our most abundant fossil<br \/>energy resource. We have to maximize the development of renewable<br \/>energy. Green, renewable energy protects our environment and it also<br \/>makes us less dependent on foreign oil (70 percent of our oil comes<br \/>from other countries).<\/p>\n<p><\/p>\n<p>Here&#8217;s what we need to do to protect our environment and make us less dependent on foreign oil:<\/p>\n<p><\/p>\n<p>1. Establish caps on carbon that are accompanied by both adequate<br \/>research and development funding and reasonable timelines for<br \/>implementation to develop and commercialize technologies that will<br \/>greatly reduce the CO2 emissions from the burning of fossil fuels.<\/p>\n<p>Well, that&#8217;s certainly Waxman-Markey.&nbsp; You can&#8217;t argue the targets<br \/>are too tough or that the bill doesn&#8217;t spend tens of billions of<br \/>dollars on technology development or deployment. In fact, as Waxman&#8217;s<br \/>summary explains, the bill &#8220;Invest[s] in new clean energy technologies<br \/>and energy efficiency, including energy efficiency and renewable energy<br \/>($90 billion in new investments by 2025), carbon capture and<br \/>sequestration ($60 billion), electric and other advanced technology<br \/>vehicles ($20 billion), and basic scientific research and development<br \/>($20 billion)&#8221;&#8212;see &#8220;<a href=\"http:\/\/climateprogress.org\/2009\/06\/08\/2009\/06\/02\/a-useful-summary-of-the-house-clean-energy-and-climate-bill\/\" rel=\"bookmark\" title=\"Permanent Link to A useful summary of Waxman-Markey\">A useful summary of Waxman-Markey<\/a>.&#8221;<\/p>\n<p>2. Use the majority of the revenue from a plan that caps<br \/>CO2 to provide refund payments to those who would otherwise experience<br \/>increased energy costs.<\/p>\n<p>Again, that&#8217;s Waxman-Markey (see <a href=\"http:\/\/climateprogress.org\/2009\/05\/28\/robert-stavins-waxman-markey-allocation\/\" rel=\"bookmark\" title=\"Permanent Link to Robert Stavins:  \">Robert<br \/>Stavins: &#8220;The appropriate characterization of the Waxman-Markey<br \/>allocation is that more than 80 percent of the value of allowances go to<br \/>consumers and public purposes, and less than 20 percent to private industry.&#8221;<\/a> and <a href=\"http:\/\/climateprogress.org\/2009\/06\/08\/2009\/05\/27\/exclusive-report-foxpenner-chupka-waxman-markey-utility-allowances\/\" rel=\"bookmark\" title=\"Permanent Link to UPDATED exclusive report:  Preventing windfalls for polluters but preserving prices - Waxman-Markey gets it right with its allocations to regulated utilities\">UPDATED<br \/>exclusive report: Preventing windfalls for polluters but preserving<br \/>prices&#8212;Waxman-Markey gets it right with its allocations to regulated<br \/>utilities<\/a>).<\/p>\n<p>3. Even as we continue to decarbonize the use of fossil<br \/>energy, we should maximize the production of renewable energy from<br \/>wind, solar, geothermal, biomass, and more.<\/p>\n<p><\/p>\n<p>4. Set an ambitious renewable electricity standard (RES)<br \/>along with longer-term tax incentives for the wind, solar, biomass, and<br \/>other renewable energy.<\/p>\n<p><\/p>\n<p>5. To move this new energy, we need to build a transmission system<br \/>to allow us to produce renewable energy where we can, and move it to<br \/>the load centers where it is needed.<\/p>\n<p>Check, check, and check. Ironically, the Senate energy bill is<br \/>weaker than the House on the RES, so presumably Dorgan will vote to<br \/>strengthen it on the Floor. And yes, the House RES cannot be called<br \/>&#8220;ambitious&#8221; anymore, but that&#8217;s in large part thanks to the huge push<br \/>on renewable energy in the stimulus (see &#8220;<a href=\"http:\/\/climateprogress.org\/2009\/07\/20\/2009\/05\/18\/eia-stimulus-wind-power-renewable-energy\/\" rel=\"bookmark\" title=\"Permanent Link to EIA projects wind at 5% of U.S. electricity in 2012, all renewables at 14%, thanks to Obama stimulus!  Now can we get a stronger renewable standard?\">EIA<br \/>projects wind at 5 percent of U.S. electricity in 2012, all renewables at 14 percent,<br \/>thanks to Obama stimulus! Now can we get a stronger renewable standard?<\/a>&#8221;).<\/p>\n<p>6. To reap the benefits of cleaner energy and reduced<br \/>dependence on foreign oil, we need to move toward using electricity to<br \/>fuel our transportation fleet.<\/p>\n<p>That&#8217;s already in Waxman-Markey (and was in the stimulus).&nbsp; Love to do more, Senator.<\/p>\n<p>North Dakota and the nation have a lot at stake in this<br \/>debate. We are a major energy-producing state, with our ability to<br \/>produce large quantities of oil and our large deposits of coal, which<br \/>is our country&#8217;s most abundant form of energy. We have the greatest<br \/>wind energy potential of any state, and we have the ability to produce<br \/>a large quantity of biofuels.<\/p>\n<p><\/p>\n<p>It&#8217;s clear we are going to have to use energy differently in the<br \/>future to protect our planet. And to do that I will support a plan that<br \/>puts achievable caps on CO2 emissions &#8211; if it is done the right way.<\/p>\n<p>If that were his entire op-ed, you&#8217;d say he was at least 50-50 for<br \/>the bill and certainly would be a realistic possibility for voting<br \/>against a filibuster, like <a href=\"http:\/\/climateprogress.org\/2009\/07\/13\/senate-battle-sherrod-brown-ohio-says-he-wont-filibuster-climate-bill\/\" rel=\"bookmark\" title=\"Permanent Link to Senate battle 2:  Sherrod Brown (D-OH) says he won't filibuster climate bill\">Sherrod Brown (D-Ohio)<\/a>. But he rails at length against Wall Street speculators and<br \/>derivatives. Yet, his&nbsp; concerns about speculators and market fraud&#8212;which Mississippi Governor (and global warming denier\/delayer) Haley<br \/>Barbour has been <a href=\"http:\/\/climateprogress.org\/2009\/07\/07\/mississippi-governor-barbour-misquotes-mckinsey-scare-public-literally-about-climate-bill-chinese-scheme\/\">playing up<\/a>, along with <a href=\"http:\/\/climateprogress.org\/2009\/07\/09\/nasas-james-hansen-pushes-false-misleading-and-pointless-attack-on-u-s-climate-action\/\">James Hansen and Robert Shapiro<\/a>&#8212;are ones that the authors of Waxman-Markey were quite aware of when they wrote the bill.<\/p>\n<p><\/p>\n<p>That&#8217;s why the bill has many provisions (and realities) that would<br \/>stop &#8220;a financial meltdown from speculators trading frantically in the<br \/>permits and their derivatives,&#8221; as Hansen put it, or someone cornering<br \/>the market, as Barbour put it.<\/p>\n<p><\/p>\n<p>First off, the permit market is huge.&nbsp; Even purchasing 2 percent of the<br \/>permits in, say, 2015, would probably cost $1 billion. And speculators<br \/>would have to purchase several times that to significantly run up the<br \/>price.<\/p>\n<p><\/p>\n<p>Second, it will be so easy to meet the targets for at least the first decade (see <a href=\"http:\/\/climateprogress.org\/2009\/07\/09\/2009\/06\/10\/game-changer-part-2-why-unconventional-natural-gas-makes-the-2020-waxman-markey-target-so-damn-easy-and-cheap-to-meet\/\">here<\/a>)<br \/>that the &#8220;real&#8221; price of a permit will probably be slightly below the<br \/>auction price (which has a floor). So it will be highly unprofitable<br \/>to buy lots of permits, which would run up the price, in an effort to<br \/>make money selling those permits sometime in the future. I can&#8217;t<br \/>imagine a plausible scenario in which this would make economic sense<br \/>for any entity even if they could get away with it, which they cannot.<\/p>\n<p><\/p>\n<p>Third, the bill requires EPA to promulgate regulations to cover the auction.&nbsp; As <a href=\"http:\/\/climateprogress.org\/2009\/07\/09\/wp-content\/uploads\/2009\/07\/cqwaxman-markeysummary.pdf\">CQ&#8216;s summary of the bill <\/a>explains:<\/p>\n<p>Bidders must disclose all parties sponsoring their bids;<br \/>Individual bidders would be limited to purchasing up to 5 percent of allowances sold at any quarterly auction;<br \/>EPA would have to publish information about winning bidders<\/p>\n<p>So it would be very difficult to do any major purchasing in secret<br \/>and virtually impossible to acquire a large fraction of the permits.<\/p>\n<p><\/p>\n<p>Fourth, the bill has a whole section devoted to &#8220;Carbon Market Assurance.&#8221;&nbsp; As the<a href=\"http:\/\/www.wri.org\/stories\/2009\/04\/brief-summary-waxman-markey-discussion-draft\"> WRI summary <\/a>describes it:<\/p>\n<p>The Federal Energy Regulatory Commission is given<br \/>regulatory authority over allowance and offset markets and allowance<br \/>derivative markets (Sec. 761, pg. 449). The President is also delegated<br \/>authority to instruct agencies to take on pieces of market regulation<br \/>based on existing authority as long as regulations are consistent with<br \/>this section. <strong>The draft makes it a federal crime to commit fraud or manipulate any carbon market<\/strong>.<br \/>In addition, the regulations facilitate and maintain market oversight<br \/>and transparency and require market monitoring to prevent fraud,<br \/>manipulation and excessive speculation.<\/p>\n<p>That section explicitly includes derivatives, with further oversight by the Commodity Futures Trading Commission.<\/p>\n<p><\/p>\n<p>Fifth, the bill has a Strategic Reserve (with tons originally<br \/>skimmed off from each year&#8217;s total target) that an entity can purchase<br \/>permits from if the price sees a short-term run up of about 60 percent. So<br \/>again the bill will is designed to prevent someone from cornering the<br \/>market or running up the price.<\/p>\n<p><\/p>\n<p>So these concerns, while potent from a populist perspective, are<br \/>simply not a reason to oppose this bill if one supports the general<br \/>goal of a shrinking cap that doesn&#8217;t force reductions down at an<br \/>alarming pace, does mitigate most of the price risk to consumers, does<br \/>spend many tens of billions of dollars on clean energy development,<br \/>demonstration, and deployment, and promotes renewables (albeit not<br \/>enough) and electrifying transportation system.<\/p>\n<p><\/p>\n<p>I expect the Senate bill will be even tougher in this arena&#8212;perhaps aided by a new financial services oversight bill&#8212;since that<br \/>will be needed to get the vote of other senators with similar concerns<br \/>(see &#8220;<a href=\"http:\/\/climateprogress.org\/2009\/12\/13\/maria-cantwell-susan-collins-bipartisan-call-for-market-based-carbon-pricing-lisa-murkowski\/\" rel=\"bookmark\" title=\"Permanent Link to Cantwell, Collins join bipartisan call for market-based carbon pricing to achieve shrinking cap on carbon\">Cantwell, Collins join bipartisan call for market-based carbon pricing to achieve shrinking cap on carbon<\/a>&#8221;).<\/p>\n<p><\/p>\n<p>So let&#8217;s say for now that Dorgan is 50-50 or better to vote for the<br \/>final bill&#8212;and maybe higher for at least cloture. After all, what<br \/>possible reason could he give to support a filibuster?<\/p>\n<p><\/p>\n<p><strong>Related Links:<\/strong><\/p>\n<p><a href=\"http:\/\/www.grist.org\/article\/community-owned-clean-energy\/\">Community-Owned Clean Energy<\/a><\/p>\n<p><a href=\"http:\/\/www.grist.org\/article\/2010-01-07-reports-of-climate-bill-death-are-greatly-exaggerated\/\">Reports of climate bill death are greatly exaggerated<\/a><\/p>\n<p><a href=\"http:\/\/www.grist.org\/article\/2010-01-07-qa-what-will-happen-with-climate-legislation-in-2010\/\">Q&amp;A: what will happen with climate legislation in 2010?<\/a><\/p>\n<p>\t\t\t<br clear=\"both\" style=\"clear: both;\"\/><br \/>\n<br clear=\"both\" style=\"clear: both;\"\/><br \/>\n<a href=\"http:\/\/ads.pheedo.com\/click.phdo?s=434679c8db001e6e9972477d5ea04519&#038;p=1\"><img decoding=\"async\" alt=\"\" style=\"border: 0;\" border=\"0\" src=\"http:\/\/ads.pheedo.com\/img.phdo?s=434679c8db001e6e9972477d5ea04519&#038;p=1\"\/><\/a><br \/>\n<img loading=\"lazy\" decoding=\"async\" alt=\"\" height=\"0\" width=\"0\" border=\"0\" style=\"display:none\" src=\"http:\/\/a.rfihub.com\/eus.gif?eui=2223\"\/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>by Joseph Romm Sen.Byron Dorgan, a 18-year veteran Democrat, dropped a late-day bombshell,announcing&nbsp;he will retire when his term ends this year. Dorgan&#8217;sannouncement represents an opportunity for Republicans: North Dakota isa Republican-leaning state, where President Obama got just 45 percent of thevote last year. What&#8217;s bad news for the Dems in the longer term could be [&hellip;]<\/p>\n","protected":false},"author":765,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-145742","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/145742","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/users\/765"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/comments?post=145742"}],"version-history":[{"count":0,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/145742\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/media?parent=145742"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/categories?post=145742"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/tags?post=145742"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}