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Aug. 19, 2022 by Daniel Farber

Making Fossil Fuels Pay for Their Damage

This post was originally published on Legal Planet. Reprinted with permission.

Production and combustion of fossil fuels impose enormous costs on society, which the industry doesn't pay for. I want to talk about some options for using the tax system to change that.

One option, a tax on carbon dioxide emissions, gets the most attention but seems politically impossible. The closest we've ever come to a carbon tax is a limited fee on methane emissions under the new Inflation Reduction Act (IRA) law. A more promising alternative might be a clean-up tax on the fossil fuel industry.

If a carbon tax were politically feasible, there would be a lot to be said in its favor. Economists like carbon taxes better than regulations, and environmental justice advocates like them better than cap and trade. A carbon tax could cover the economy without the need for scores of regulations tailored to each industry. It wouldn't require placing bets on what zero-carbon technologies will win out. It would provide an incentive for cutting carbon emissions, with the byproduct of cutting air pollution everywhere. Unlike emission trading systems, they don't require designing and operating new markets. It could be designed to avoid regressive impacts …

Nov. 22, 2021 by Karen Sokol
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During a historic hearing before the U.S. House Committee on Oversight and Reform on October 28, the executives of ExxonMobil, Chevron, Shell, BP, and the American Petroleum Institute (API), refused to admit to their decades-long climate disinformation campaign that is now well-documented in publicly available documents uncovered by journalists and researchers.

If that weren’t enough, the executives continued to deny climate science under oath, albeit with a slight twist from their previous disinformation campaign. Instead of denying the science establishing that fossil fuels are driving the climate crisis, they’re now denying the science establishing the urgent need for a rapid transition away from fossil fuels.

In other words, they’re still lying — a strategy that was on full display in this blockbuster hearing.

The ultimate questions at hand were whether the chiefs of the oil and gas industry would:

  1. Admit to their companies’ decades-long …

Nov. 15, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

The decision at the Glasgow climate conference to phase down fossil fuels is an important step forward — and not just because of climate change. We think of fossil fuels as a source of climate change, but that's only a one part of the problem. From their extraction to their combustion, everything about them is destructive to the environment and human health.

Our system of environmental regulation divides up regulation of a single substance based on each of its environmental impacts. Thus, the regulatory system sees the "trees," not the "forest." That muddies the waters when we are talking about regulatory priorities, strategies, and long-term goals. It can also lead to framing issues in ways that may weaken environmentalist arguments, since the various harms of a substance or activity get fragmented into different silos.

Fossil …

Aug. 30, 2021 by Joel Mintz
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This op-ed was originally published in The Hill.

Scientific concerns about the impacts and risks of global climate change are scarcely new. In 1988, those concerns became sufficiently widespread in the scientific community that the United Nations established the Intergovernmental Panel on Climate Change (IPCC), a committee that included hundreds of the world’s most distinguished climate scientists, to study the emerging climate problem and its implications. Since its creation, this panel has issued five full extensive reports. These assessments were soundly criticized by some independent climate scientists as understating the significance and dangers of climate change. However, earlier this month, the IPCC seems to have rectified that purported problem.

In the first segment of its Sixth Assessment, issued earlier this month, the IPCC report states that it "provides a full and comprehensive assessment of the physical science basis of climate change that builds upon the previous …

Aug. 13, 2021 by Karen Sokol
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On Aug. 9, the Intergovernmental Panel on Climate Change (IPCC) published the first installment of its latest report assessing the state of scientific knowledge about the climate crisis. As United Nations Secretary-General António Guterres put it in a press release, the report is nothing less than “a code red for humanity.”

“The alarm bells are deafening,” Guterres said, “and the evidence is irrefutable: greenhouse gas emissions from fossil fuel burning and deforestation are choking our planet and putting billions of people at immediate risk.”

The good news is that the science indicates that there is still time to respond by taking drastic and rapid action to shift from fossil fuels to clean, renewable energy and to keep people safe in the face of the dangerous changes in the climate system that have already taken place. That is, we must …

July 2, 2021 by Maggie Dewane
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When in the Course of human events, it becomes necessary for all people to dissolve the reliance on finite energy sources, and to assume a sustainable future, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the demands of humankind requires that they should declare an end to fossil fuel dependence. 

Six in ten Americans support dramatic reduction of the country’s fossil fuel use to reduce greenhouse gas emissions and address climate change. While this isn’t a unanimous declaration, it represents a truth that policymakers and big corporations have been resisting: The majority of Americans believe there is urgency in addressing climate change and that transitioning away from fossil fuels is a necessary component of climate action.

To establish our independence from fossil fuels, there is no silver bullet, but a multitiered …

June 7, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

Some events last week sent a strong signal that the tide is turning against fossil fuels. Each of the events standing alone would have been noteworthy. The clustering of these events dramatizes an important shift.

To paraphrase Churchill, this may not be beginning of the end for fossil fuels, but at least it is the end of the beginning of the campaign against them.

Two of the events involved striking decisions in lawsuits in other countries involving fossil fuels. A federal court in Australia ruled that the government had a "duty of care" toward its young people to protect them from climate change. Accordingly, it could be found guilty of negligence if it failed to take their interests into account when considering a request to expand a coal mine. The court said that "it is difficult …

May 27, 2021 by Karen Sokol
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This op-ed was originally published in Drilled News on May 26, 2021. This is an excerpt.

Last week, the U.S. Supreme Court weighed in on an important case about whether major oil and gas companies should be held accountable for engaging in a systematic marketing campaign to deceive the public about the catastrophic threat that fossil fuel products pose to the planet. 

The Court didn’t consider the merits of the case but rather answered an obscure procedural question in a way that permits the defendants to continue to delay litigation in state court, and thereby also serves to deny the public essential information about the fossil fuel industry’s attempt to spread disinformation about its products’ role in fueling the climate crisis.

In the case, Baltimore alleges that the companies used deceptive marketing tactics to hide the danger of fossil fuel products in order to …

May 4, 2021 by Karen Sokol
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This op-ed was originally published in The Hill.

A week after taking office, President Joe Biden issued an executive order “on tackling the climate crisis” that aims to face the challenge comprehensively and equitably. Biden has quickly appointed and seen confirmed a team of leaders who are committed to all aspects of this mission. Our country is finally on the cusp of meaningful climate action. The climate action train is so popular that even fossil fuel companies, which have historically sought to derail it, are now saying they’re on board

We should, of course, welcome all sincere collaborators; the fossil fuel industry is not among them.

Yes, major oil and gas companies are finally, if reluctantly, beginning to publicly acknowledge the climate crisis, and some even claim to “support” the Paris Agreement’s goal of net-zero carbon emissions by 2050. 

These claims are a central part …

Feb. 19, 2021 by Maggie Dewane
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Intersectional environmentalism is a relatively new phrase that refers to a more inclusive form of environmentalism, one that ties anti-racist principles into sectors that have long profited from overlooking or ignoring historically disenfranchised populations. 

According to youth activist Leah Thomas, “It brings injustices done to the most vulnerable communities, and the earth, to the forefront and does not minimize or silence social inequality. Intersectional environmentalism advocates for justice for people and the planet.”

Nearly 20 years ago, the Center for Progressive Reform (CPR) was founded on a vision that government could be reimagined and reformed so that it serves all people — regardless of income, background, race, or religion — and our planet. Intersectional environmentalism is that vision: thriving communities on a resilient planet. 

It is also the theme of CPR’s recent Climate, Energy, Justice video series and corresponding report. CPR takes issue with a business-as-usual approach to …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Aug. 19, 2022

Making Fossil Fuels Pay for Their Damage

Nov. 22, 2021

Fossil Fuel Industry Continues to Deny Climate Science & Climate Justice . . . Under Oath

Nov. 15, 2021

Aggregating the Harms of Fossil Fuels

Aug. 30, 2021

The Hill Op-Ed: UN Glasgow Summit May Be Our Last Chance to Prevent Self-Created Climate Disaster

Aug. 13, 2021

The Hill Op-ed: The Policy Significance of the Polluters Pay Climate Fund Act

July 2, 2021

Declaring Our Independence from Fossil Fuels

June 7, 2021

The Turning Tide