Regulatory Skepticism and Technological Optimism from a Prominent Environmental Lawyer

Although I’ve featured economists in my podcast, I’ve also been privileged to host some top environmental lawyers and legal scholars, including:  Sue Biniaz (now at the U.S. State Department), Ricky Revesz (at NYU Law School), Dan Esty (from Yale Law School, now at the World Trade Organization in Geneva), Jody Freeman (of Harvard Law School), and Jonathan Wiener (of Duke University’s School of Law).

That’s a diverse group in terms of gender, but I will acknowledge that it is not a very diverse group politically.  In my latest podcast, I begin to make up for that with an environmental lawyer who has worked closely and held important positions in Republican administrations.  But I did not invite him to the podcast because of his political background and viewpoint, but simply because he is one of this country’s leading and most prominent environmental lawyers.  As I assume people of all political stripes will readily acknowledge, he’s both smart and articulate.

I’m talking about Jeffrey Holmstead, who served as Associate Counsel to the President in the George H.W. Bush administration, Assistant Administrator for Air and Radiation at the U.S. Environmental Protection Agency in the George W. Bush administration, and now leads the Environmental Strategies Group at Bracewell in Washington, DC.  My conversation with Jeff Holmstead is featured in the latest episode of “Environmental Insights: Discussions on Policy and Practice from the Harvard Environmental Economics Program,” a podcast produced by the Harvard Environmental Economics Program. Our complete conversation is here.

Despite his solid Republican credentials, Holmstead praises the Biden Administration’s early efforts to reduce greenhouse gas emissions in two specific ways.

“They have made very clear that climate change is one of their highest priorities, and they’ve actually done a couple of very important things,” Holmstead says. “Their first priority was in the transportation sector, and they finalized much more aggressive CO₂ emission standards for vehicles. And then they have proposed, but not yet finalized, a pretty aggressive approach to regulate methane emissions from oil and gas operations.”

As readers of this blog know, the Biden Administration has also promised to revise the Social Cost of Carbon, but Holmstead argues that its fate may rest with the courts, depending on how it is used.

“I think the courts have correctly said that in and of itself, that alone is not the type of action that is reviewable in court, and it won’t be reviewable until it’s used in a regulation. I think it will depend on the specific contours of the regulation that they’re doing,” he says. “All these regulatory programs have different standards that the agencies have to meet. And if it’s the kind of standard that allows them to consider benefits and costs, I think it depends on the specific context. And I think there will be some interesting litigation about that.”

Holmstead also remarks that the Securities and Exchange Commission’s proposal requiring public companies to provide certain climate-related disclosures in their registration statements and periodic reports is likely to run into significant legal challenges.  

“The idea that the Securities and Exchange Commission would essentially be regulating greenhouse gases and they would do it in the form of a disclosure, but at least as proposed, it would be a pretty intrusive form of disclosure. And so, I think that there’s a fairly good chance that if the SEC finalizes what it proposed, that it’s likely to run into trouble in the courts,” he says.

Yet Holmstead also said in our conversation that he believes there is a “good chance” of having comprehensive climate change legislation in the United States fairly soon.

“I think there are many people in the business community that would like to have the certainty of legislation. And so, I’m still optimistic that we could see something like that in the relatively near future,” he remarks. “But … ultimately it seems to me that it’s a technology question. And until there is a way to provide people with electricity and to power mobility, that is at least close to being cost competitive with coal and oil, I think it’s going to be an uphill battle.

At the end of our conversation, Jeff Holmstead concludes with a note of technological optimism: “I think that there are technological breakthroughs that are at least on the horizon that could help us solve the problem. But ultimately for me, climate change is a technology issue and not a regulatory issue.”

For all this and much more, I hope you will listen to my compete conversation with Jeffrey Holmstead, which is the 38th episode in the Environmental Insights series, with future episodes scheduled to drop each month.  You can find a transcript of our conversation at the website of the Harvard Environmental Economics Program.  Previous episodes have featured conversations with:

“Environmental Insights” is hosted on SoundCloud, and is also available on iTunes, Pocket Casts, Spotify, and Stitcher.

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Who Better to Reflect on the “Global Energy Crisis”?

Post-pandemic demand for energy combined with the war in Ukraine and subsequent oil and gas shortages have created a global energy crisis. That’s the core assessment offered by global energy expert Daniel Yergin in the newest episode of “Environmental Insights: Discussions on Policy and Practice from the Harvard Environmental Economics Program,” a podcast produced by the Harvard Environmental Economics Program. Our complete conversation is here.

It would be much too easy for a New York Times crossword puzzle to include the clue, “Twelve letters for a world-renowned global energy expert,” because the absolutely obvious answer would be “Daniel Yergin.”  So, I was delighted to host Dan for my most recent podcast.  As you probably know, in these podcasts, I converse with leading experts from academia, government, industry, and NGOs, who are working at the intersection of economics, energy, and environmental policy.  Dan Yergin surely belongs in this group. 

He’s known as an author, historian, educator, energy analyst, and the founder of Cambridge Energy Research Associates (or CERA), which was acquired by IHS Markit in 2004, which itself recently merged with S&P Global, of which Yergin is now Vice Chair.  To some audiences, Dan is best known for his books, including The Prize: The Epic Quest for Oil, Money, and Power (1991 – Pulitzer Prize), The Quest:  Energy, Security, and the Remaking of the Modern World (2011), and The New Map:  Energy, Climate, and the Clash of Nations (2020).

But the book that first brought this remarkably productive gentleman to my attention was Energy Future (1979, co-authored with the late Professor Robert Stobaugh of Harvard Business School).

It’s striking that in his most recent book, “The New Map: Energy, Climate, and the Clash of Nations” (2020), Yergin writes prophetically that Ukraine would soon become a significant source of tension between Russia and the West.  

“I could see that Putin did not accept the outcome of the end of the Cold War and he said Ukraine’s not a country. And it tied together geopolitics and energy in a very vivid way. And it just seemed to me that a collision was going to come,” Yergin says. “I wouldn’t have imagined a war that would go on more than a hundred days specifically, but I just could see that this was going to happen.”

He observes that the war in Ukraine, coming on the heels of the post-pandemic surge in demand, has further squeezed energy supplies around the world.

“We have … moved into a period of … shortage,” he says. “I think that right now at this point we’re in a pretty dire short-term energy situation. In fact, I would say that since last October, we’ve been in a global energy crisis.”

Yergin says he believes Russian President Vladimir Putin is seeking to test the strength and resolve of the West with his actions in Ukraine.

“It seems to me that the situation is going to get worse over the next several months. That’s because it’s not only the question of markets now and investment, but it’s also this clash with Russia, and Putin is doing what Russia … and the Soviet Union did not do for half a century. He is manipulating energy supplies to make the situation in Europe more difficult by cutting back on gas.  And his strategy is pretty clear – which is to create shortages in Europe, which will cause fissures in the Western unity on Ukraine so that the Alliance falls apart.”

The energy crisis, Yergin notes, is forcing many governments to temporarily pause efforts to reduce CO2 emissions with the short-term goal of increasing oil and gas supplies to offset the loss of Russian fuel.

“Natural gas is in short supply globally, and coal is in short supply, and you can’t build enough wind turbines and solar quickly enough to accommodate for that. And politicians react to voters, and voters react to their pocketbooks when these prices get as high as they are,” he states.

Yet Dan Yergin also says he believes that the clean energy transition is continuing to gain momentum, in part due to the current crisis.  

“Europe has come out with even a stronger commitment to renewables. And so, I think that the longer-term outcome of this is an acceleration of renewables, renewable electricity as the longer-term alternative. So that’s why you’ve got to deal both with the short-term crisis, and at the same time lay the basis for a different kind of future,” he explains.

For all this and much more, I hope you will listen to my compete conversation with Daniel Yergin, which is the 37th episode in the Environmental Insights series, with future episodes scheduled to drop each month.  You can find a transcript of our conversation at the website of the Harvard Environmental Economics Program.  Previous episodes have featured conversations with:

“Environmental Insights” is hosted on SoundCloud, and is also available on iTunes, Pocket Casts, Spotify, and Stitcher.

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Bumps Along the Energy-Transition Road

There will be many bumps along the road as America transitions to a clean power system. That’s the pragmatic assessment offered by Lori Bennear, the Juli Plant Grainger Associate Professor of Energy Economics and Policy and Executive Vice Dean at the Nicholas School of the Environment at Duke University, in the newest episode of “Environmental Insights: Discussions on Policy and Practice from the Harvard Environmental Economics Program,” a podcast produced by the Harvard Environmental Economics Program.  Our complete conversation is here.

As you probably know, in these podcasts, I converse with leading experts from academia, government, industry, and NGOs, who are working at the intersection of economics and environmental policy.  Professor Lori Bennear belongs in this group. 

Bennear, whose academic research focuses on evaluating environmental policies and improving methods and techniques for conducting these evaluations, has devoted recent years to studying issues relating to environmental justice and just tranistion, particularly surrounding the “winners” and “losers” who will emerge from the clean energy transition.

“We are in the process of [a] … once in many, many generations transition in our energy system, the likes of which we can’t … really imagine. But it’s going to involve significant land use changes, and changes to the way electricity is generated,” she says. “A lot of that is exciting from an environmental standpoint because they’re lower carbon. We have this opportunity to do this in a way that extends those benefits more evenly across the population than the fossil fuel-based energy system did, and potentially doesn’t centralize the costs of that energy system in particular communities in the same way that the fossil fuel energy system did. But we have to do that consciously from the beginning.”

Bennear admits that some areas of the country that are economically dependent on fossil fuels, including her home state of Wyoming, will suffer in the near term and accommodations must be made to reduce the negative impacts on those communities. She also remarks that there may be other downsides associated with some of the new energy sources which must be taken into account.

“While they’re good for carbon, they’re not perfectly great along every environmental dimension,” she states. “There’s waste associated with them. There’s mining associated with them. We need to take that in holistically from the beginning.”

Discussing the role of regulation in high-risk industries such as offshore oil exploration, Bennear emphasizes that government can only do so much.

“We need a series of both safety systems and safety processes that are tied to a safety culture, only some of which regulation can actually really dictate. That’s a hard pill to swallow, because on the one hand … we’re still dependent on these industries in many ways,” she remarks. “There have to be processes in place that reward people for valuing safety. That’s a harder thing. There’s a huge role for industry in that, which also gets some folks in the environmental community, gets their backs up because they feel like industry has too much say over what these regulatory processes should be. But they also have the expertise and the experience to actually make them happen.”

For this and much more, I hope you will listen to my compete conversation with Lori Bennear, which is the 36th episode in the Environmental Insights series, with future episodes scheduled to drop each month.  You can find a transcript of our conversation at the website of the Harvard Environmental Economics Program.  Previous episodes have featured conversations with:

“Environmental Insights” is hosted on SoundCloud, and is also available on iTunes, Pocket Casts, Spotify, and Stitcher.

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