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The Future of U.S. Carbon-Pricing Policy

In 2007, I was asked by the leaders of the Brookings Institution’s Hamilton Project to write a paper describing a national emissions trading system to reduce U.S. carbon dioxide (CO₂) emissions to help address the threat of global climate change. I responded that I would prefer to write broadly about carbon-pricing instruments, including what I considered to be the symmetric instruments of a carbon tax and a carbon trading program. But the Hamilton Project leaders said no, they would find someone else to write about carbon taxes (which turned out to be Gib Metcalf), and they wanted me to “make the strongest case possible for” what is today called a cap-and-trade system. I did my best, and in the process I came to be identified – and to some degree may have become – an advocate for CO₂ cap-and-trade. For better or for worse, during the Obama administration transition, the design recommendations in my Hamilton Project paper became one of the starting points for efforts to structure the administration’s proposed CO₂ cap-and-trade system that became part of the failed Waxman-Markey legislation, H.R. 2454, the American Clean Energy and Security Act of 2009.

More than a decade later, I have written a new paper in which I seek to approach this question as I wished to in the first place, treating both instruments in a balanced manner, examining their merits and challenges, without necessarily favoring one or the other. On May 16, 2019, I presented this new paper at the National Bureau of Economic Research’s first annual Environmental and Energy Policy and the Economy Conference, held at the National Press Club in Washington, D.C. My topic was, “The Future of U.S. Carbon-Pricing Policy.” (It will be forthcoming in Environmental and Energy Policy and the Economy, volume 1, edited by Matthew Kotchen, James Stock, and Catherine Wolfram, published by the University of Chicago Press.) In today’s blog essay, I provide a very brief summary of the paper, based upon the presentation I made at the NBER conference. I hope you will find this of sufficient interest to download and read the complete paper.

Premises, Questions, and Conclusions

I began this research with two major premises: first, that economists and most other policy analysts agree that carbon-pricing will likely be a necessary (although not sufficient) part of any meaningful, long term U.S. climate change policy, because of: (1) feasibility – the necessity of affecting millions, indeed hundreds of millions, of decentralized decisions; (2) cost-effectiveness, given the tremendous heterogeneity of marginal abatement costs; and (3) the importance of providing incentives for carbon-friendly technological change. My second premise was that there is much less agreement among economists (and other policy analysts) regarding the choice of specific carbon-pricing policy instrument – carbon tax or cap-and-trade.

This prompts two questions: (1) how do the two major approaches to carbon pricing compare on relevant dimensions, including but not limited to efficiency, cost-effectiveness, and distributional equity? (2) Which approach is more likely to be adopted in the future in the United States?

Having carried out an exhaustive examination, two major conclusions stand out (among others). First, that the specific designs of carbon taxes and cap-and-trade are more consequential than the choice between the two instruments. And second, that political feasibility affects the normative merits of the two instruments, and vice versa.

Similarities & Symmetries

Of fourteen separate issues I examine, some appear at first to be key differences (in theory), but many of these differences fade on closer inspection, and depend on specifics of design.

First of all, carbon taxes and commensurate cap-and-trade turn out to be perfectly equivalent in regard to: (a) incentives for emission reduction (both can be upstream on the carbon content of fossil fuels); (b) aggregate abatement costs (both can be cost-effective, both provide the same incentives for technological change, and both can utilize offsets to further lower aggregate abatement costs); and (c) effects on competitiveness (both can lessen these impacts via appropriate border adjustment mechanisms).

Next, the two instruments are nearly equivalent in regard to possibilities for raising revenue (cap-and-trade can utilize auctions, but given the structure of Congressional committees, revenue recycling may be easier with taxes).

And these instruments are similar in regard to: (a) costs to regulated firms (cap-and-trade systems can freely allocate allowances, and taxes can provide inframarginal exemptions below a specified level of emissions); and (b) distributional impacts (the two instruments can be designed to be roughly equivalent in this regard).

Differences & Distinctions

Beginning with the least significant differences, there are relatively minor distinctions in terms of transaction costs (decreasing marginal transaction costs in cap-and-trade systems – such as with volume discounts on brokers’ fees – can violate the independence property, whereby the equilibrium allocation of allowances and hence aggregate costs are ordinarily independent of the initial allocation).

There are more meaningful, but still subtle differences with regard to: (a) performance in the presence of uncertainty (for this, I urge you to read at least this section of the complete paper, because new research suggests that the implications of the classic Weitzman rule in the presence of a stock externality are moderated – if not reversed – due to the persistent effects of technology shocks, which foster positive correlation between marginal benefits and marginal costs); and (b) linkage with other jurisdictions (it is easier with cap-and-trade systems, but tax systems can also be linked).

That said, there are significant differences between the instruments in terms of: (a) carbon-price volatility (a problem only with cap-and-trade systems, but a problem that can be mitigated with price collars and banking of allowances); (b) interactions with complementary policies (a significant issue with cap-and-trade systems, which is much less severe with carbon taxes, because the “waterbed effect” is eliminated); (c) market manipulation (there is a need for regulatory oversight in cap-and-trade systems, but tax evasion is a parallel issue in tax systems, although presumably less severe in the U.S. context); and (d) complexity and administrative requirements (cap-and-trade is certainly more complex and has greater administrative requirements, but one might ask whether a simple tax will remain “simple” as it works its way through the Congress).

Hybrid Policy Instruments and a Policy Continuum

Many of the remaining differences can diminish further with implementation. Indeed, hybrid policies which mix features of tax and cap-and-trade blur distinctions. For example, auctioning of allowances and the use of price collars bring cap-and-trade closer to a tax system; and quantity formula employed to adjust a tax, and the use of tax revenues to mitigate emissions bring a tax closer to cap-and-trade. The result is that the dichotomous choice between a carbon tax and cap-and-trade can become a choice of design elements along a policy continuum, and the design of these instruments can be more consequential than the choice between the two.

Which is More Likely to be Adopted – Taxes or Trading? Positive Political Theory

Framing this question in terms of the metaphor of a political market, it is helpful to think about political demand and political supply of policy instruments. In terms of the demand from interest groups, first, regulated industry may oppose an ordinary tax approach, as it typically leads to greater costs than the simplest cap-and-trade (or than a performance standard, for that matter), because private industry is paying not only for compliance costs, but also for the tax on residual emissions. Second, regulated industry may favor cap-and-trade, because it conveys scarcity rents to firms, and can provide entry barriers for potential new entrants, which can make the rents sustainable.

Environmental advocacy groups favor cap-and-trade, due to the emissions certainty it provides, but also because presumably they have a preference for policies that help obscure costs, and cap-and-trade does a better job of sweeping discussion of costs under the rug than does a tax. However, in the era since cap-and-trade was demonized as “cap-and-tax,” this difference may be much less than it was!

Turning to the supply side (within the legislature), the revenue from either a tax or auctioning of allowances can be attractive to government. And because of the independence property of cap-and-trade, legislators can allocate allowances to build political support without increasing the costs or reducing the effectiveness of the policy. Of course, this important political advantage becomes an economic disadvantage if it invites particularly harmful rent-seeking behavior. Finally, environmental policy makers tend to think in terms of pollution quantities, not prices.

Experience with Carbon Pricing: Emissions Coverage & Price in Implemented Initiatives

There are some fifty carbon-pricing systems in operation worldwide, with equal numbers of carbon taxes and carbon cap-and-trade systems. A quick comparison of these policies reveals two striking realities. First, the highest carbon prices (the height of the bars in the figure below) are for carbon taxes (in norther Europe). Second, the scope of coverage (the width of each bar in the figure) of cap-and-trade systems greatly exceeds that of carbon taxes. Putting the two features (severity and scope) together, a reasonable measure of the relative importance of the policies is given by multiplying the carbon price (tax level or market price of allowances) by the tons of coverage, that is, the respective areas in the figure. On this basis, it appears that political revealed preference has been weighted toward cap-and-trade (at least up until now).

Carbon Price & Emissions Coverage of Implemented Carbon-Pricing Initiatives

Which Has Worked Better – Experiences with Trading and Taxes

Based upon more than thirty years of experience with cap-and-trade systems, including but not limited to CO₂ programs, lessons regarding the design and efficacy of these systems can be drawn. In brief, there is empirical evidence for the following: cap-and-trade has proven to be environmentally effective and economically cost-effective; downstream, sectoral programs have been common, but economy-wide upstream systems are feasible; transaction costs have been low to trivial; a robust market requires a cap below business-as-usual; banking has been exceptionally important, representing a large share of the gains from trade; price collars are very beneficial; free allocation of allowances fosters political support, with a likely transition to greater auctioning over time; competitiveness impacts can be mitigated with an output-based updating allocation; “complementary policies” are common, but in some cases can have perverse consequences, including no additional emissions reduction, an increase in aggregate costs, and suppressed allowance prices.

Turning to experiences with carbon taxes, two applications stand out. First, there are the northern European carbon tax systems, initiated in the 1990s in Norway, Sweden, Denmark, and Finland. Typically these were elements of broader energy and excise tax reform initiatives, and some are at the highest levels of any carbon-pricing regimes worldwide. However, fiscal cushioning has been common for industries expressing concerns. That said, these taxes have raised significant revenues to finance spending or to lower other tax rates, but unfortunately, there is little empirical evidence of their emissions impacts.

More striking is British Columbia’s carbon tax, initiated in 2008, which comes closest to that recommended by economists. Currently, it is an upstream tax of $27/ton of CO₂, but with important exemptions in place for key industries. Importantly, 100% of tax revenue was originally refunded through general tax rate cuts, but over time, there has been more focus on tax cuts for specific sectors and locations. Although there is some debate in the literature, it appears to have been effective in reducing emissions.

Empirical Evidence for Positive Assessment

Given that the normative differences between the two instruments are minimal, a key question becomes which instrument is more politically feasible, and which is more likely — in practice — to be well designed. Based on experiences with cap-and-trade and carbon taxes, the relative masses in the figure above suggest that political revealed preference has favored the former. Furthermore, after years of deliberation, China has chosen trading for its national program (although it appears to be a set of sectoral tradable performance standards, not a true, mass-based cap-and-trade system). In addition, the new “Transportation and Climate Initiative” in the northeast United States was first proposed in terms of fuel taxes but is gravitating toward cap-and-trade. Also, New Jersey is preparing to rejoin the Regional Greenhouse Gas Initiative, and Oregon is poised to enact an economy-wide CO₂ cap-and-trade system this year. On the other hand, Washington State has twice defeated a carbon tax.

But past may not be prologue. The demonization of the Waxman-Markey trading system as “cap-and-tax” may have reduced the political advantage of cap-and-trade (that it can hide the costs). And there is clearly increasing interest in a national carbon tax in the policy world, including several bills in Congress and the prominent Climate Leadership Council proposal. On the other hand, the “Green New Deal” is silent about carbon-pricing of any kind.

It is worthwhile focusing on the political economy of the British Columbia carbon tax. Its successful enactment has been attributed to “the confluence of political conditions ripe for carbon taxation”: untapped hydroelectric potential; a strongly environmentalist electorate (as in the case of California’s move to cap-and-trade with Assembly Bill 32); a right-center government with trust from the business community (as with the George H.W. Bush administration’s SO₂ allowance trading system in the Clean Air Act amendments of 1990); and a premier with institutional capacity to pursue personal policy preferences. There has been increasing public support over time, due to the perception of emissions reductions without severe economic impacts, but political pressures have caused the evolution of the system from using revenues exclusively to cut distortionary taxes to greater use of tax cuts to favor specific sectors and regions.

Clearly, political pressures can drive up social costs with either type of carbon-pricing instrument. On the one hand, politics may disfavor the auctioning of allowances in cap-and-trade systems, while, on the other hand, politics may disfavor cost-effective cuts of distortionary taxes in tax systems.

Does Either Carbon-Pricing Instrument Dominate in Normative or Positive Terms?

When carbon taxes and cap-and-trade are designed to be truly comparable, their characteristics and outcomes are similar, and in some cases fully equivalent (normatively), in terms of their: emission reductions, abatement costs, revenue raising, costs to regulated firms, distributional impacts, and competitiveness effects. But on some other dimensions, there can be real differences in performance. The tax approach is favored by administrative requirements, interactions with complementary policies, and effects on carbon-price volatility; whereas cap-and-trade is favored by linkage with policies in other jurisdictions, and possibly by anticipated performance in the presence of uncertainty. In the positive political economy domain, the evidence is also decidedly mixed. Hence, there is not a strong case for the blanket superiority of either instrument. Differences in design simply dominate differences between the instruments themselves.

Can Carbon-Pricing be Made More Politically Acceptable?

The track record of 50 carbon-pricing policies cited above should be contrasted with the 176 countries with renewable energy policies or energy efficiency standards, as well as another 110 national and sub-national jurisdictions with feed-in tariffs. Hence, carbon pricing has not in general been the favored approach to climate change policy. Why is this the case? Survey and other evidence indicates that public perceptions – some of which are inaccurate – are primary factors behind aversion to carbon taxes: “personal costs too great; policy is regressive; could damage economy; will not discourage carbon-intensive behavior; and government just want the revenues.” So, one way to improve public acceptance could be through better information, that is, education.

But another way forward could be through judicious policy design, which may well depart from first-best design, including: phasing in taxes/caps over time (which was effective in California and British Columbia); earmarking revenues from taxes/auctions to finance additional climate mitigation, in contrast with optimizing the system via cuts in distortionary taxes; and/or using revenues for fairness purposes, such as with lump-sum rebates or rebates targeted to low-income and other particularly burdened constituencies (a carbon tax with “carbon dividends” or a cap-and-trade system in the form of “cap-and-dividend”).

Has the Defeat of National CO₂ Cap-and-Trade Initiatives Provided Openings for Carbon Tax Proposals?

Political polarization has decimated the key source of Congressional support for environmental/energy action, the political middle. And the successful political battle against the Obama administration’s CO₂ cap-and-trade legislation featured the effective demonization of that instrument as “cap-and-tax.” Does the consequent reputational loss for cap-and-trade provide a meaningful opening for the other carbon-pricing instrument – a carbon tax?

It would seem that large budgetary deficits ought to increase the attraction of new sources of revenue, but existing carbon tax proposals have largely been revenue-neutral. That said, it is surely true that there has been increased attention to carbon taxes from the “policy community,” with support coming not just from Democrats, but also from prominent Republican academic economists and former Republican high government officials. But – finally – what about in the real political world of those currently holding elective office in the federal government?

It is presumably good news for carbon tax proposals that they are not “cap-and-trade.” Perhaps that helps with the political messaging. But if conservative opposition could tarnish cap-and-trade as “cap-and-tax,” surely it will not be difficult to label a tax as a tax! And in addition to such opposition from the political right, it is – as of now – questionable whether the new left will want a carbon tax to be part of its “Green New Deal.”

Hence, in the short term, national carbon pricing of either type will likely continue to face an uphill battle. Therefore, in addition to considering second-best carbon-pricing design (as I recommended above), economists can work productively to catch up with political realities by considering better designs of second-best non-pricing instruments, such as clean energy standards.

But, at some point the politics will change, and it is important to be ready, which is why – for the longer term – ongoing research on carbon-pricing is very much warranted, particularly if it can be carried out in the context of real-world politics, and focus on policies that are likely at some point to prove feasible.

The Real Options for U.S. Climate Policy

The time has not yet come to throw in the towel regarding the possible enactment in 2010 of meaningful economy-wide climate change policy (such as that found in the Waxman-Markey legislation passed by the U.S. House of Representatives in June, 2009, or the more recent Kerry-Lieberman proposal in the Senate). Meaningful action of some kind is still possible, or at least conceivable. But with debates regarding national climate change policy becoming more acrimonious in Washington as midterm elections approach, it is important to ask, what are the real options for climate policy in the United States – not only in 2010, but in 2011 and beyond. That’s the purpose of this essay.

Federal Policy Options

Let’s begin my considering Federal policy options under two distinct categories: pricing instruments and other approaches. Carbon-pricing instruments could take the form of caps on the quantity of emissions (cap-and-trade, cap-and-dividend, or baseline-and-credit), or approaches that directly put carbon prices in place (carbon taxes or subsidies). Beyond pricing instruments, the other approaches include regulation under the Clean Air Act, energy policies not targeted exclusively at climate change, public nuisance litigation, and NIMBY and other public interventions to block permits for new fossil-fuel related investments. I will discuss each of these in turn.

Quantity-Based Carbon Pricing

I’ve frequently written about cap-and-trade in the past (See, for example: Here We Go Again: A Closer Look at the Kerry-Lieberman Cap-and-Trade Proposal; Eyes on the Prize: Federal Climate Policy Should Preempt State and Regional Initiatives; Any Hope for Meaningful U.S. Climate Policy? You be the Judge; Confusion in the Senate Regarding Allowance Allocation?; Cap-and-Trade versus the Alternatives for U.S. Climate Policy; Can Countries Cut Carbon Emissions Without Hurting Economic Growth?; Cap-and-Trade: A Fly in the Ointment? Not Really; National Climate Change Policy: A Quick Look Back at Waxman-Markey and the Road Ahead; Worried About International Competitiveness? Another Look at the Waxman-Markey Cap-and-Trade Proposal; The Wonderful Politics of Cap-and-Trade: A Closer Look at Waxman-Markey; The Making of a Conventional Wisdom), and so I will be very brief on this instrument in this essay.

A Quick Reminder about Cap-and-Trade

In brief, there are four principal merits of the cap-and-trade approach to achieving significant reductions of carbon dioxide (CO₂) emissions. First, this approach achieves overall targets at minimum aggregate cost, that is, it is cost-effective, both in the short term by allocating responsibility among sources, and in the long term, by providing price signals that will drive technological innovation and diffusion of carbon-friendly technologies. Second, the allowance allocation under a cap-and-trade system can be used to build a constituency of political support across sectors and geographic areas without driving up the cost of the program or reducing its environmental performance. Third, we have significant experience in the United States with the use of this approach, including during the 1980s to phase out leaded gasoline from the marketplace, and since the 1990s to cut acid rain by 50 percent. Fourth, and of great importance, a domestic cap-and-trade system can be linked directly and cost-effectively with cap-and-trade systems and emission-reduction-credit systems in other parts of the world to keep costs down domestically.

Three principal concerns have been voiced about cap-and-trade systems in U.S. debates. First, while a cap-and-trade system constrains the quantity of emissions, the costs of control are left uncertain (although such cost uncertainty can be limited — if not eliminated — through the use of safety valves, price collars, or related mechanisms). Second, in the wake of concerns regarding the roll that financial markets played in the global recession, there have been many fears about the possibilities of market manipulation in a cap-and-trade system. A third concern – in a political context – is that this cost-effective approach to environmental protection, pioneered by the Republican administration of President George H. W. Bush, has – ironically — been demonized by conservatives in current debates.

That said, a variety of pending design issues will need to be addressed in the development of any cap-and-trade system, including: ambition, scope (suddenly important because of a renewed focus in Washington on the possibility of a utility-only cap), point of regulation in the economy, allowance allocation, the role of offsets, cost-containment mechanisms, international competition protection, and regulatory oversight. (I’ve written about all of these design issues in previous essays at this blog and elsewhere.)

A Design-Change for Cap-and-Trade?

Does the current political climate call for a design change — or at least a name change — for cap-and-trade? Both stepwise and sectoral approaches are being considered. A stepwise approach of beginning with one or a few sectors of the economy and subsequently expanding gradually to an economy-wide program was embodied in both the Waxman-Markey legislation and in the Kerry-Lieberman proposal. Under a sectoral approach, cap-and-trade would be used for some sectors, but other approaches would be used for other parts of the economy. To some degree, the Kerry-Lieberman proposal embodies this approach. The current focus in Washington is on the possibility of using cap-and-trade for the electricity sector only.

Although the politics may argue for a stepwise or sectoral approach, it should be recognized that neither is likely to be cost-effective, because it is highly unlikely that marginal abatement costs will be equated across all sectors of the economy without the use of a single (implicit) price on carbon.

So the potential approach now receiving much attention in Washington of employing a cap-and-trade system in the electricity sector only would — in all likelihood — achieve less in terms of overall emissions reductions, and would not be cost-effective (due to the exclusion of other sectors). However, it is at least conceivable that will prove to be the best among politically-feasible paths to a better future policy. That is, of course, a political — not an economic — question.

A Populist Approach?

Populism has emerged as a major theme in recent electoral politics in the United States, both from the left and from the right. What might be characterized as a populist approach would be a cap-and-trade system with 100% of the allowances auctioned and the auction revenue returned directly “to the people.” Although this is a standard variant of cap-and-trade design, contemporary politics — with its demonization of the phrase “cap-and-trade” — might well argue for a name change: how about “cap-and-dividend?”

This approach is embodied in the CLEAR Act of Senators Maria Cantwell (D-Washington) and Susan Collins (R-Maine). The merits of this approach include its simplicity, appearance of fairness, and related appeal to the populist mood. Concerns, however, include the proposal’s relatively modest environmental achievements (according to an analysis by the World Resources Institute), its overall cost due to restrictions on trading, and its apparent political infeasibility, given its lack of visible support in the Congress.

Other Trading Mechanisms

In addition to cap-and-trade, the other major type of tradable permit system is an emission-reduction-credit system, or baseline-and-credit system. Because such approaches lack caps, they raise some well-known concerns, in particular the necessity of comparing actual emissions with what emissions would have been in the absence of the policy. In such a system, the latter is fundamentally unobserved and unobservable. This is the problem of “additionality,” which comes up in spades in the case of the Clean Development Mechanism (CDM), but also in the context of most other offset programs.

A related trading mechanism is found in the Clean Energy Standards approach, embodied in Senator Richard Lugar’s (R-Indiana) legislative proposal. This mechanism is similar to a Renewable Portfolio Standard (RPS), but allows for a broader set of qualified sources; not only renewables, but also nuclear power, fossil fuel power with carbon capture and storage (CCS), and – in principle — efficient natural gas. If the clean energy credits are denominated in units of carbon free megawatt hours and are tradable, then the merits of this approach include the flexibility that is provided through trading. The concerns include the lack of an emissions cap, and the difficulty of expanding this approach to other sectors or linking it with a cap-and-trade system. However, if the clean energy credits are denominated in emissions per megawatt hour, then the program can more easily be converted to or linked with a cap-and-trade system.

Direct Carbon Pricing

A carbon tax system would be similar in design to an upstream cap-and-trade approach. There is some real interest in this approach, mainly from academics, and there is also what I would characterize as “strategic interest,” principally from those who recognize that once the focus is on carbon taxes rather than other instruments, political debates will inevitably result in less ambitious targets or, in fact, no policy at all.

Carbon Taxes in Brief

Having said this, the merits of a carbon tax approach compared with cap-and-trade include the fact that cost uncertainty is eliminated with the tax approach (although, of course, there is quantity uncertainty, that is, no emissions cap). And, I mentioned earlier, the cost uncertainty inherent in a cap-and-trade system can be reduced, if not eliminated, with cost-containment mechanisms such as a price collar.

Another merit of the carbon tax approach is that it would generate substantial revenues (as would a cap-and-trade system in which the allowances are auctioned). These revenues can be used – in principle – for a variety of worthwhile public purposes, including reducing distortionary taxes, which would serve to lower the overall social cost of the policy. Third, the tax approach is (at least perceived to be) much simpler than the allowance market that would be generated by a cap-and-trade scheme.

Major concerns regarding carbon taxes are fourfold. First, despite their social cost-effectiveness, pollution taxes can be more costly to the regulated sector than even a non-cost-effective command-and-control instrument. Second, unlike cap-and-trade, the tax approach lacks a benign mechanism for building political constituency, and is likely to lead to requests for tax exemptions, and hence a less ambitious policy and possibly a more costly one. Third, although it is not impossible to link such as system internationally (for purposes of cost containment), it is more challenging to do so than with the quantity based cap-and-trade alternative. A fourth and final concern is the apparent political infeasibility of this approach, at least currently in the United States.

In this regard, it is important to note that what has frequently been interpreted as hostility to cap-and-trade in the U.S. Senate is actually – on closer inspection — broader hostility to the very notion of carbon pricing (or any climate change policy). Surely, the political reception to a carbon tax would be even less enthusiastic than the reception that has greeted recent cap-and-trade proposals.

Subsidies: The Good, the Bad, and the Ugly

If it’s so politically difficult to tax “bad behavior,” how about subsidizing “good behavior?” The mirror image of a tax is indeed a subsidy, and two potential price-based approaches to achieving greenhouse gas emission reductions are the use of climate-friendly subsidies and the elimination of problematic subsidies that exacerbate the climate problem.

In thinking about climate-friendly subsidies, we should first keep in mind that the Obama economic stimulus package enacted by the Congress includes significant subsidies (and tax credits) for renewables and efficiency upgrades — to the tune of about $80 billion. A major problem has been that the administration (in particular, the Department of Energy) has been finding it difficult to spend the money fast enough. Also, some would consider subsidies for biofuels, such as ethanol, as falling within this category of climate-friendly subsidies, but clearly that is a matter of considerable controversy.

Principal among the problematic subsidies – and hence major candidates for reduction or elimination – are subsidies for the development and use of fossil fuels. According to the Environmental Law Institute, U.S. fossil-fuel subsidies and tax breaks currently amount to $8-$10 billon per year. At the global level, the International Energy Agency has estimated that such fossil-fuel subsidies now amount to $550 billion annually! President Obama proposed at the G20 meeting in Pittsburgh in November, 2009, that such subsidies be phased out around the world, and there seemed at the time to be broad-based support for this proposal. However, it should not be surprising that less than a year later, it now appears that the commitment may be watered down somewhat at the G20 meeting in Toronto this June.

The merit of trying to use climate-friendly subsidies is based on the fact that subsidies affect relative prices, much like taxes do, but are much more politically attractive, since politicians prefer to give out benefits rather than costs to their constituents. And eliminating problematic subsidies can be economically efficient.

But a major concern of using climate-friendly subsidies is that the funds go not only to marginal units that otherwise would not be taking specific actions, but also to infra-marginal units that are pleased to accept the funds, but whose behavior is unaffected by them. This means that this approach is relatively costly to the government (and to society at large) for what is accomplished. And a concern of removing fossil fuel subsidies – particularly in the current political climate of worries about oil imports – is that this can work against so-called “energy security” (some have therefore suggested the addition of an “oil import fee”).

Climate Change Regulation under the Clean Air Act

Regulations of various kinds may soon be forthcoming – and in some cases, will definitely be forthcoming – as a result of the U.S. Supreme Court decision in Massachusetts v. EPA and the Obama administration’s subsequent “endangerment finding” that emissions of carbon dioxide and other greenhouse gases endanger public health and welfare. This triggered mobile source standards earlier this year, the promulgation of which identified carbon dioxide as a pollutant under the Clean Air Act, thereby initiating a process of using the Clean Air Act for stationary sources as well.

Those new standards are scheduled to begin on January 1, 2011, with or without the so-called “tailoring rule” that would exempt smaller sources. Among the possible types of regulation that could be forthcoming for stationary sources under the Clean Air Act include: new source performance standards; performance standards for existing sources (Section 111(d)); and New Source Review with Best Available Control Technology standards under Section 165.

The merits that have been suggested of such regulatory action are that it would be effective in some sectors, and that the threat of such regulation will spur Congress to take action with a more sensible approach, namely, an economy wide cap-and-trade system.

However, regulatory action on carbon dioxide under the Clean Air Act will accomplish relatively little and do so at relatively high cost, compared with carbon pricing. Also, it is not clear that this threat will force the hand of Congress. Indeed it is reasonable to ask whether this is a credible threat, or will instead turn out to be counter-productive (when stories about the implementation of inflexible, high-cost regulatory approaches lend ammunition to the staunchest opponents of climate policy).

Furthermore, there is the question of possible preemption. Although Senator Lisa Murkowski’s (R-Alaska) resolution was defeated in the Senate, Senator Jay Rockefeller’s (D-West Virginia) proposal of a two-year delay of Clean Air Act regulatory action is still pending; and depending upon the outcome of the November elections, there may be a series of further Congressional actions to tie the hands of EPA in this regard.

Regulation of Conventional Pollutants under the Clean Air Act

It’s also possible that air pollution policies for non-greenhouse gas pollutants, the emissions of some of which are highly correlated with CO₂ emissions, may play an important role. For example, the three-pollutant legislation co-sponsored by Senator Thomas Carper (D-Delaware) and Senator Lamar Alexander (R-Tennessee), focused on SO_x, NO_x, and mercury, could have profound impacts on the construction and operation of coal-fired electricity plants, without any direct CO₂ requirements. Beyond this, there are also possibilities of policies for the non-CO₂ greenhouse gases.

Important, Unanswered Questions

An important pending question regarding EPA’s use of the Clean Air Act is whether EPA may legally create CO₂ cap-and-trade or offset markets under existing Clean Air Act authority. The answer appears to be “probably yes.” There is positive precedent from EPA’s emissions trading program of the 1970s, and it’s a leaded gasoline phase-down of the 1980s, although recent court decisions regarding the Bush administration’s Clean Air Interstate Rule may cause concern in this regard.

The more important question, however, may turn out to be whether EPA can politically create significant CO₂ markets in the face of Congressional opposition. The answer to this is considerably less clear.

Energy Policies Not Targeted Exclusively at Climate Change

The “positive politics” generated by the Gulf oil spill, combined with the “negative politics” of addressing climate change explicitly, may well increase the likelihood of so-called “energy-only” legislation being enacted this year. Senator Jeff Bingaman’s (D-New Mexico) bill from the Environment and Natural Resources Committee and perhaps Senator Richard Lugar’s bill will feature centrally in any bipartisan initiative.

The possible components of such an approach which would be relevant in the context of climate change include: a national renewable electricity standard; Federal financing for clean energy projects: energy efficiency measures (building, appliance, and industrial efficiency standards; home retrofit subsidies; and smart grid standards, subsidies, and dynamic pricing policies); and new Federal electricity-transmission siting authority.

Other Legal Mechanisms

Even without action by the Congress or by the Administration, legal action on climate policy is likely to take place within the judicial realm. Public nuisance litigation will no doubt continue, with a diverse set of lawsuits being filed across the country in pursuit of injunctive relief and/or damages. Due to recent court decisions, the pace, the promise, and the problems of this approach remain uncertain.

Beyond the well-defined area of public nuisance litigation, other interventions which are intended to block permits for new fossil energy investments, including both power plants and transmission lines will continue. Some of these interventions will be of the conventional NIMBY character, but others will no doubt be more strategic.

Does the Road to National Climate Policy Need to Go through Washington?

With political stalemate in Washington, attention may increasingly turn to regional, state, and even local policies intended to address climate change. The Regional Greenhouse Gas Initiative (RGGI) in the Northeast has created a cap-and-trade system among electricity generators. More striking, California’s Global Warming Solutions Act (Assembly Bill 32, or AB 32) will likely lead to the creation of a very ambitious set of climate initiatives, including a statewide cap-and-trade system (unless it’s stopped by ballot initiative or a new Governor, depending on the outcome of the November 2010 elections). The California system is likely to be linked with systems in other states and Canadian provinces under the Western Climate Initiative.

These sub-national policies will interact in a variety of ways – some good, some bad — with Federal policy when and if Federal policy is enacted. As Professor Lawrence Goulder (Stanford University) and I have written in a new paper for the National Bureau of Economic Research (NBER), some of these interactions could be problematic, such as the interaction between a Federal cap-and-trade system and a more ambitious cap-and-trade system in California under AB 32, while other interactions would be benign, such as RGGI becoming somewhat irrelevant in the face of a Federal cap-and-trade system that was both more stringent and broader in scope.

An important question is whether there can be sensible sub-national policies even in the presence of an economy-wide Federal carbon-pricing regime? The answer is surely yes, partly because other market failures will continue to exist that are not addressed by carbon pricing. A prime example is the principal-agent problem of insufficient energy-efficiency investments in renter-occupied properties, even in the face of high energy prices. This is a problem that is best addressed at the state or even local level, such as through building codes and zoning.

In the meantime, in the absence of meaningful Federal action, sub-national climate policies could well become the core of national action. Problems will no doubt arise, including legal obstacles such as possible Federal preemption or litigation associated with the so-called Dormant Commerce Clause. Also, even a large portfolio of state and regional policies will not be comprehensive of the entire nation, that is, not truly national in scope. And even if they are nationally comprehensive, with different policies of different stringency in different parts of the country, carbon shadow-prices will by no means be equivalent, and so overall policy objectives will be achieved at excessive social cost.

Is there a solution, if only a partial one? Yes, state and regional carbon markets can be linked. Such linkage occurs as a result of bilateral recognition of allowances, which results in reduced costs, price volatility, leakage, and market power. Such bottom-up linkage of state and regional cap-and-trade systems may be an important part or perhaps the core of future of U.S. climate policy, at least until there is meaningful action at the Federal level. In the meantime, it is at least conceivable that linkage of state-level cap-and-trade systems across the United States will become the de facto post-2012 national climate policy architecture.

The Path Ahead

Conventional politics clearly disfavors market-based (pricing) environmental policy approaches that render costs obvious or at least somewhat transparent, despite the fact that the costs of these same policies are actually less than those of alternative approaches. Instead, conventional politics favors approaches to environmental protection that render costs less obvious (or better yet invisible), such as renewable portfolio standards, and — for that matter — all sorts of command-and-control performance and technology standards.

But carbon pricing will be necessary to address the diverse economy-wide sources of CO₂ emissions effectively and at sensible cost, whether the carbon pricing comes about through an economy-wide Federal cap-and-trade system or through a Federal carbon tax. It is inconceivable that truly meaningful reductions in CO₂ emissions could be achieved through purely regulatory approaches, and it remains true that whatever would be achieved, would be accomplished at excessively high cost.

So, although it is true – as I have sought to explain in this essay – that there are a diverse set of options for future climate policy in the United States, the best available alternative to an economy-wide cap-and-trade system enacted in 2010 may be an economy-wide cap-and-trade system enacted in 2011. But ultimately, the question of what is the best alternative this year to an economy-wide cap-and-trade system is a political, not an economic question.

Any Hope for Meaningful U.S. Climate Policy? You be the Judge.

The current conventional wisdom – broadly echoed by the news media and the blogosphere – is that comprehensive, economy-wide CO₂ cap-and-trade legislation is dead in the current U.S. Congress, and perhaps for the next several years.

Watch out for conventional wisdoms! They inevitably appear to be the collective judgment of numerous well-informed observers and sources, but frequently they are little more than the massive repetition of a few sample points of opinion across the echo-chamber of the professional news media and the blogosphere.

Keep in mind that the conventional wisdom as recently as June of 2009 had it that – with the Waxman-Markey bill having been passed triumphantly by the House of Representatives – Senate action would follow; the only question raised by many commentators was whether the final legislation could be sent to the President for his signature by the time of the Copenhagen climate talks in December. My, how the conventional wisdom has changed!

But over the past nine months, the politics have not fundamentally changed. In June of 2009, passage of meaningful climate legislation in the Senate was already unlikely, because of the terrible economic recession in which the country found itself, and – of even greater political salience – lingering high rates of unemployment. And with the lack of Republican support for the stimulus bill, the relatively small (partisan) margin by which the House passed Waxman-Markey, the then-upcoming challenges of health care and financial regulatory reform dominating the legislative calendar, and concerns voiced about climate legislation by moderate Senate Democrats, success in the Senate was always a long-shot.

What is the Likely Legislative Outcome?

In addition to ongoing consideration of an economy-wide cap-and-trade system, another possibility now receiving attention is a utility-only cap-and-trade system, which some members of the Congress inexplicably find more attractive than an economy-wide approach. The result of such a system would be much less accomplished (forget about the President’s “conditional commitment” under the Copenhagen Accord), and at much greater cost. This would be equivalent to taking the Northeast’s Regional Greenhouse Gas Initiative (RGGI) as a model for national action. Not a good idea.

Even more likely is that the Congress would develop a so-called energy-only bill, which would – to a large degree – consist of killing the one part of Waxman-Markey worth saving (the comprehensive CO₂ cap-and-trade system), and moving forward with the worst parts of that legislation – the smorgasbord of regulatory initiatives. As I’ve written previously, those additional elements of the legislation are highly problematic. When implemented under the cap-and-trade umbrella, many of those conventional standards and subsidies would have no net greenhouse-gas-reducing benefits, would limit flexibility, and would thereby have the unintended consequence of driving up compliance costs. That’s the soft under‑belly of the House legislation.

Without the cap-and-trade umbrella, that same set of standards and subsidies will accomplish very little, and do so at exceedingly high cost. Take just one example that seems to be popular among politicians – “renewable portfolio standards” (RPS), requirements that all states or all electricity utilities derive some fixed share of their power, say 20%, from renewable sources. Note, for example, that such an approach does not distinguish between coal and natural gas, despite the dramatically different impacts these fuels have on CO₂ emissions (and a host of other environmental outcomes). Furthermore, although an RPS may displace some new coal-fired generation with other types of generation, there is little, if any, effect on the operation of existing coal-fired power plants.

If those other, regulatory parts of the climate legislation are so ineffective and so costly, why are they so popular with politicians? The reason is simple. The costs are hidden. The government simply mandates that electric utilities or manufacturers take particular actions, employing the best technology available. Where’s the cost? Unlike a cap-and-trade system, there’s no analysis and debate about the cost of allowances (and the marginal abatement costs they represent); and unlike a carbon tax, there’s no analysis and no focus on the dollar amount of the tax and the aggregate cost. That is the unfortunate but fundamental political economy behind much of U.S. environmental policy since the first Earth Day in 1970.

What about Court-Ordered Regulation?

Whether “best-available-control technology standards” are crafted by the Congress or put in place by the Environmental Protection Agency (EPA) under the court-ordered mandate stemming from the Supreme Court decision in Massachusetts v. EPA and the Obama administration’s subsequent “endangerment finding,” such an approach will be relatively ineffective and terribly costly for what is accomplished. The EPA route would essentially apply the mechanisms of the Clean Air Act, intended for localized, “criteria air pollutants,” to CO₂, resulting in ineffective and costly regulations.

The White House (and most member of Congress) recognize that this is an inappropriate way to address climate change, but they seem determined to go forward, claiming that this threat will force the hand of Congress to do something more sensible instead. Unfortunately, this is akin to my telling you that if you don’t do what I want, I will shoot myself in the foot – not a very credible or intelligent threat. What I am referring to is that costly Clean Air Act regulation of CO₂ will play into the hands of right-wing opponents of climate action, creating a poster-child of excessive regulatory intervention that will bring about a backlash against sensible climate policies. EPA claims that there will be no such excessive regulatory actions, because it will exempt small sources through a so-called “tailoring rule.” But legal scholars have noted that the tailoring rule stands on questionable legal grounds and could be invalidated by the courts. In this regard, note that the first lawsuits to stop EPA from exempting small sources are coming from groups on the right, not the left.

Perhaps Senator Murkowski’s proposed joint resolution (H.J. Res. 66), introduced on January 21, 2010, disapproving (stopping) EPA’s regulatory action under the endangerment finding could save the Administration. The conventional wisdom is that Senator Murkowski’s resolution has no political future, but with a bi-partisan list of 40 co-sponsors, that’s a total of 41 votes (more than the current total of 40 “Yes” and “Probably Yes” votes in the Senate for serious climate legislation, according to Environment and Energy Daily). And remember that the disapproval resolution requires only 51, not 60 votes in the Senate, under the rules of the enabling statute, the Congressional Review Act of 1996 (signed by President Clinton, and part of the Republican “Contract with America”). Of course, House action, not to mention signature by President Obama, would also be required for the resolution to take effect. But a positive vote in the Senate will send a strong political message.

So Is There No Hope for Good Climate Policy?

Here is where it gets interesting, because as much as the current political environment in Washington may seem increasingly unreceptive to an economy-wide cap-and-trade system or some other meaningful and sensible climate policy, there is one promising approach that could actually benefit from the national political climate.

In these pages, I have expressed support for cap-and-trade mechanisms to address climate change, including the system embodied in the Waxman-Markey legislation that emerged from the House in June of last year. Although that approach is scientifically sound, economically sensible, and may still turn out to be politically acceptable, there’s a modified version of cap-and-trade that could be much more attractive in this era of rampant expressions of populism, coming both from the right (“no new taxes”) and the left (“bash the corporations”). Neither of those views, of course, is consistent with sound economic thinking on the environment, but it’s nevertheless possible to recognize their national appeal and build upon them.

This could be done with a simple upstream cap-and-trade system in which all of the needed allowances are sold (auctioned) – not given freely – to fossil-fuel producers and importers, and a very large share – say 75% – of the revenue is rebated directly to American households through monthly checks in a progressive scheme through which all individuals receive identical payments.

Such an approach could appeal to the populist sentiments that are increasingly dominating political discourse and judgments in this mid-term election year. Such a system – which would have direct and visible positive financial consequences (i.e., rebate checks larger than energy price increases) for 80% of American households – might not only not be difficult for politicians to support, but it might actually be difficult for politicians to oppose!

Importantly, even though this is a specific type of cap-and-trade design (which has been known, studied, and proposed for decades), for better political optics, it should be called something else. How about “cap-and-dividend?”

A CLEAR Answer?

What I’ve described bears a close resemblance to the “Carbon Limits and Energy for America’s Renewal (CLEAR) Act,” sponsored by Senators Maria Cantwell (D-Washington) and Susan Collins (R-Maine). So, the politics of their proposal looks appealing, and the substance of it looks promising – a simple upstream cap-and-trade system (called something else), with 100% of the allowances auctioned (with a “price collar” on allowance prices to reduce cost uncertainty), 75% of the revenue refunded to all legal U.S. residents, each month, on an equal per capita basis as non-taxable income, the other 25% of the revenue dedicated to specified purposes, including “transition assistance,” and some built-in measures of protection for particularly energy-intensive, trade-sensitive sectors (not unlike Waxman-Markey).

That’s the good news. The bad news, however, is that the proposal needs to be changed before it can promise to be not only politically attractive, but economically and environmentally sensible. In particular, as it is currently structured, only producers and importers of fossil fuels can buy the carbon allowances. In an up-stream system – an approach I have endorsed for years – it is producers and importers that are subject to compliance, that is, must eventually hold the allowances. That’s fine. But there is no sound reason to exclude other entities from participating in the auction markets; and doing so will greatly reduce market liquidity.

Furthermore, the Senators’ proposal says that holders of carbon allowances are actually prohibited from creating, selling, purchasing, or trading carbon derivatives, thereby tremendously reducing the efficiency of the market and needlessly driving up costs. While no doubt borne out of a well-intentioned desire to protect consumers (remembering the recent impacts of mortgage-backed securities on financial markets), the Senators’ approach is akin to responding to a tragic airplane crash by concluding that the best way to protect consumers from air disasters in the future is simply to ban flying.

Less important structurally, but most important environmentally, an analysis by the World Resources Institute (which I have not validated) indicates that the caps – as currently set – would not bring about emissions reductions by 2020 that would even come close to the President’s announced goal of 17% reductions (equivalent to the Waxman-Markey targets), as submitted by the United States under the Copenhagen Accord.

But these and other problems with the CLEAR proposal can – in principle – be addressed while maintaining its basic structure and political attraction.

An Economic Perspective

It is interesting to note that many – perhaps most – economists have long favored the variant of cap-and-trade whereby allowances are auctioned and the auction revenue is used to cut distortionary taxes (on capital and/or labor), thereby reducing the net social cost of the policy. Cap-and-Dividend moves in another direction. This system (which was introduced several years ago in the “Sky Trust” proposal) has some merits compared with the economist’s favorite approach of tax cuts, namely that the Cap-and-Dividend scheme addresses some of the distributional issues that would be raised by using the auction revenue to fund tax cuts (which could favor higher income households). On the other hand, it eliminates the efficiency (cost-effectiveness) gains associated with the tax-cut approach. In fact, Stanford’s Larry Goulder has estimated that the tax-and-dividend approach would cost 40% more than an approach of combining an auction of allowances with ideal income tax rate cuts. (By “ideal,” I mean focusing on tax cuts that would lead to the lowest net cost.)

In general, there are sound reasons to seek to compensate consumers for the energy price increases that will be brought about by a cap-and-trade system, or any meaningful climate change policy. But it is important not to insulate consumers from those price increases, as diluting the price signal reduces the effectiveness and drives up the cost of the overall policy. Thus, “compensation” as in Cap-and-Dividend is fine, but “insulation” is not.

The most politically salient question with the Waxman-Markey approach of freely allocating a significant portion of the allowances to the private sector is how to distribute (that is, who gets) those allowances which are freely allocated. In this regard, contrary to much of the hand-wringing in the press, the deal-making that took place in the House and may still take place in the Senate for shares of free allowances is an example of the useful and important mechanism through which a cap-and-trade system provides the means for a political constituency of support and action to be assembled without reducing the policy’s effectiveness or driving up its cost.

The ultimate political question seems to be whether there is greater (geographic and sectoral) political support for the Waxman-Markey (H.R. 2454) approach of substantial free allocations and targeted use of auction revenue, or if there is greater (populist) political support for the full auction combined with lump-sum rebate which characterizes the “cap-and-dividend” approach. Alas, the textbook economics preference — full auction combined with cuts of distortionary taxes — appears to be a political, if not academic, orphan.