POTUS Far From Lame Duck, Progressive ‘To-Do’ Items

The arrogance of Barack Obama continues. Just a week ago, he declared he could win a third term if he ran again.

“I actually think I’m a pretty good President. I think if I ran, I could win. But I can’t,” Obama ad-libbed during a speech in Ethiopia. “There’s a lot that I’d like to do to keep America moving. But the law is the law, and no person is above the law, not even the president.”

So imagine how blindsided America is about to be from now until January 2017. What more is planned? Normalizing relations with Bashir al Assad? Normalizing relations with North Korea? Suspending Border Patrol operations completely? Federalizing all national banks? Imposing more agency regulations on Americans and business? Making all interstate roads toll roads?

Lack of imagination now could prevent you from being prepared. Consider other countries that don’t impose government tyrannical policies and have a better competing edge. Cutting military personnel to roving 4 day work weeks? Replacing Ruth Bader Gingsberg on the Supreme Court with Cass Sunstein? Bailing out the City of Chicago to the tune of $7 billion?

Let us start with what is coming almost immediately.

Obama’s big climate rule ready for Monday launch

Politico: Supporters say they plan to be at the White House for the announcement of an EPA rule that will take on power plants’ pollution.

President Barack Obama is poised to push ahead with the nation’s most ambitious environmental regulation in decades — a crackdown on power plants’ greenhouse gas emissions that the administration hopes will put the U.S. in striking distance of achieving a global agreement to combat climate change.

Environmentalists supporting the rule say they plan to be at the White House for a Monday afternoon announcement that they hope will feature the president himself, as part of what’s shaping up to be a major sales pitch both within and outside the administration. Allies including Virginia environmental groups, elected officials and green-minded business groups have also scheduled media calls for 3 p.m. Monday to react to the news.

The White House has not confirmed the timing of the announcement.

The regulation is expected to ease up on a few of the most controversial provisions that the Environmental Protection Agency included in its draft proposals in the past two years. But it will still set up a years-long legal and political battle with congressional Republicans and other opponents, who call it the major weapon in Obama’s “War on Coal,” and it promises to become a major point of contention for the 2016 presidential race.

The regulation also puts a capstone on Obama’s efforts to secure a legacy as the president who made a serious assault on global warming, without waiting for action from Congress — though he will have to depend on his successors to carry it through. States will also play a big role, with six governors so far indicating they won’t comply with EPA’s mandates.

Environmentalists, who have been pressing for Obama to announce the rule personally, call it a crucial first step in cutting the pollution that scientists blame for boosting the Earth’s temperatures and lifting sea levels. But they say far steeper cuts will still be needed if the world is to avoid the worst effects of climate change.

“This is a huge part of the president’s commitment to reducing greenhouse gases,” said Carol Browner, Obama’s first-term climate czar, who left the White House several months after the administration’s attempt at comprehensive climate legislation failed in 2010. “He has viewed the issue of climate change as something he has responsibility for under the law — the moral and ethical responsibility domestically, but also globally.”

Opponents vow that the rule will not stand. “We believe it’s legally deficient on a number of fronts and believe it’s going to have a terrible impact on citizens across the country,” said West Virginia Attorney General Patrick Morrisey, one of several plaintiffs who won a Supreme Court victory this summer over an EPA mercury rule.

Future legal challenges against the climate rule are also likely to end up in front of the Supreme Court.

The broad strokes of the rule are expected to match the drafts that EPA has issued over the past two years: By 2030, existing power plants will have to put out an average of 30 percent less carbon dioxide than they did in 2005 — a goal the U.S. is about halfway to meeting. And the rule effectively bars the construction of new coal-fired power plants, the biggest source of carbon pollution in the U.S.

Together, the requirements would change the way the U.S. produces and uses electricity, continuing an ongoing wave of coal-plant shutdowns while offering legs up to natural gas, solar, wind and maybe nuclear.

For people closely following the rule, the major questions concern how much the final rule will differ from what EPA originally proposed in September 2013 and last June. Sources have said EPA will roll back an interim pollution-cutting deadline that states and power companies attacked as unworkable, to 2022 from 2020. The agency is also expected to abandon its proposal to require future coal-burning plants to capture and store their carbon pollution, an expensive mandate that opponents said would be vulnerable in court because it violates a 2005 energy law.

States are also expected to get an extra year to submit their compliance plans to EPA — 2018 instead of 2017.

Other potential changes could include making it easier for nuclear power plants and their carbon-free emissions to count toward meeting states’ cleanup targets, changing the way that energy-efficiency initiatives are included in calculating states’ reduction goals, and altering the way that EPA’s formulas treat green energy that is produced in one state but sold in another.

And EPA could tweak the complicated formulas that set widely varying cleanup targets for each state, which in last year’s draft ranged from cuts of 11 percent for North Dakota to 72 percent for Washington state. The raw numbers don’t necessarily reflect the degree of difficulty: Washington, for instance, could meet most of its goal by closing one coal plant that’s already scheduled for retirement, EPA has said.

The costs of the rule will be big — but so will the benefits, the administration contends. Last summer, EPA estimated that the portion dealing with existing power plants would bring $55 billion to $93 billion in economic benefits, compared with $7.3 billion to $8.8 billion in costs to the economy.

But EPA’s critics note that the rule comes amid troubling financial times for the coal industry, and might even arrive on the same day that a major coal producer — Virginia-based Alpha Natural Resources — is expected to file for bankruptcy protection. That follows several other high-profile coal company bankruptcy filings.

Environmental regulations like the carbon rule and a forthcoming Interior Department rule meant to protect Appalachian streams are only part of the reason coal has dropped from nearly 50 percent of the nation’s electricity in 2005 to 39 percent last year. Inexpensive natural gas, which burns more cleanly than coal does, has taken a greater share of the market. And in some regions, coal deposits are becoming increasingly more difficult and less economical to mine.

Meanwhile, Obama’s earlier attempts to tackle climate change have struggled too. The House passed a cap-and-trade bill in 2009, but it died in the Senate the following year despite the Democrats holding a large majority. The president also stumbled with an anticlimactic 2009 climate summit in Copenhagen, Denmark. But he revived climate change as a theme late in his 2012 reelection campaign, declaring that “climate change is not a hoax,” and in his second inaugural address, in which he said failing to take on the threat “would betray our children and future generations.”

The credibility of those promises will be at stake in December, when negotiators the U.S. and other nations gather in Paris to try to reach a global climate agreement.

The final rule is also timed for maximum momentum to take advantage of the final year and a half of Obama’s time in office. Litigation over the rule is likely to last through this decade and potentially into the 2020s, making the winner of the 2016 presidential race a key figure in Obama’s climate legacy.

While it remains unclear just how far a Republican president could roll back the regulation, all sides agree a GOP White House would spell significant trouble for the carbon rule. The GOP field of 2016 candidates opposes the rule: Wisconsin Gov. Scott Walker said it is “unworkable,” while former Florida Gov. Jeb Bush has called it “irresponsible and ineffective.”

Meanwhile, Democratic front-runner Hillary Clinton has pledged to protect the rule, while it garnered praise from rival Martin O’Malley and Bernie Sanders has called for even further climate action.

 

 

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Denise Simon