Lawrence Solomon debates Jeff Rubin's new book, Why Your World is About to Get a Whole Lot Smaller

National Post
May 29, 2009

Welcome to the first installment of the National Post’s non-fiction book club, Speaking Volumes, an ongoing series that features National Post writers and expert guests. In this edition, we examine Jeff Rubin’s new book, Why Your World is About to Get a Whole Lot Smaller (Random House Canada) on peak oil and the end of globalization.

Adam McDowell: To get us started: Do you buy Jeff Rubin’s premise that (a) the world’s supply of easily accessed oil is running out, and (b) notwithstanding some cyclical fluctuation, we’re stuck with high gas prices from now on?

Lawrence Solomon:  I don’t buy either premise. Access to oil and the price of gasoline are determined by government policy, not by physical constraints. The planet and its people can provide us with affordable oil and gasoline for the foreseeable future, as long as governments don’t turn off the spigots.

Daniel Goldbloom:  I’m in for both. Rising oil prices may make previously unattractive oil deposits profitable to extract, but even the laws of supply and demand are not powerful enough to put more oil into the ground. And peak oil theory isn’t the reserve of environmental fundamentalist; even French oil giant Total S. A. has predicted that the world’s oil supply will "plateau" at 95 million barrels per day by 2020. If we’re running out of gasoline’s main ingredient then gasoline prices have nowhere to go in the long run but up.

Morag Carter: I’m in for both as well. There is clearly a finite supply of light sweet crude that can be cost-effectively extracted. But I’m not sure that "cyclical fluctuations" is really what Rubin is talking about. What Rubin seems to be arguing is that surging demand for oil has stripped away the global cushion of relatively cheap oil and has now produced the first of what is likely to be several dislocating shocks to the economy. He argues that the oil shocks of the 1970s were political and therefore artificial. But I think that Rubin lays out a persuasive argument that peak oil is a geological phenomenon that will cause progressively deeper economic dislocations and therefore will have more profound consequences.

Solomon: Rubin is persuasive only in the sense that all the other pessimists over all the other decades have been persuasive while wrong. The U. S. Geological Survey in 1920 estimated the world’s total endowment of oil at 60 billion barrels. By 1950, the estimate rose 10-fold, to 600 billion, and now it’s about three trillion. Last year, the Geological Survey estimated over four billion barrels of technically recoverable oil in North Dakota and Montana’s Bakken Formation alone — that’s 25 times the estimate of a decade earlier.

The only clear trend is up. Over the last two decades of unprecedented globalization, oil reserves grew in the Americas, Europe, Eurasia, Africa, the Middle East and even the Asia Pacific region that includes voracious China and India. All told, world oil reserves increased by a staggering 36%, and that doesn’t include the 152 billion barrels in oil reserves obtainable from Canada’s tar sands. Never before in human history has energy been accessible in greater abundance in every major region of the world; never before has mankind faced a brighter energy future.

McDowell:  I was ready to take a coming oil shortage as axiomatic and move on from there to the repercussions. The book spent too long establishing the coming scarcity of oil and not enough time on how this might unfold. Whatever the reality might be regarding how much oil is under the ground, Why Your World would have made a more enjoyable read with some detailed doomsday scenarios.

Instead, when Rubin finally does speculate, he digresses, uninterestingly, about coffee. My favourite part of this book was the introduction because that was the part with the best lore. Lore really matters in an our-civilization-is-doomed book. Charts matter, too. Why couldn’t they give us one measly graph to pore over?

Solomon: OK, let’s switch from the implausible (that we’re going to run out of oil anytime soon) to the impossible (that high oil prices will decimate shipping). And let’s use Rubin’s coffee industry example, and his warning that "your grandchildren may never know what a barista is" because of the exorbitant cost in future of shipping coffee from the Third World.

Rubin provides a little history of the coffee industry, showing its extensive trade throughout the world. He seems to have missed the fact that the robust coffee trade of the 17th and 18th centuries that fed the coffee houses of Europe preceded the era of oil-powered freighters, and so could not have depended on the availability of oil.

How would we transport merchandise across the oceans without oil? We would use natural gas, which is in immense supply in the Third World. We would use uranium, also in immense supply. And we would use wind-powered vessels, updated versions of the Flettner craft, invented in the 1920s. These unusually stable commercial ships plied the Atlantic until the Great Depression and the Second World War, followed by the rise of aircraft, made them uncompetitive.

To end shipping, we would not only need to run out of fossil fuels, we’d need to close our minds to new solutions that met new problems. We’d need to stop being human.

Goldbloom: Rubin exaggerates to make his point at times, but his argument that expensive oil will make existing global trade uneconomic still holds.

Seventeenth-century coffee importers didn’t need massive oil-powered container ships because they weren’t transporting that much coffee by today’s standards. In order to move the enormous amount of stuff required for globalization to work, you need to do it cheaply and quickly.

The low wages paid in far-off factories don’t save you money if the cost of shipping is more than the amount you save by using cheap labour. Without cheap oil, we’d still be able to get things around the globe, but the distance between factories and markets would suddenly matter again, making local production more attractive.

Carter: Bypassing entirely the debate about coffee and concentrating on the point that needs to be made here; in planning for an oil-constrained future, we need to be making investments in modes of transportation and goods movement that are the most energy efficient and therefore least vulnerable to oil price shocks. Ultimately, those countries that invest wisely in rail and shipping will have the most resilient and competitive economies.

The losers will be economies that are too dependent on truck and air transportation. This has huge consequences for Canada.

The last oil shock could be a wake up call. We should be joining other governments around the world who together have invested US$430-billion in upgrading and greening infrastructure.

Goldbloom: If we don’t decouple our economy from oil, Rubin argues, peak oil may soon become peak GDP. He says we need to find a new source with which to fuel GDP growth, although he leaves it up to future thinkers and doers to figure out what will work. The question remains: If we can find a fabulous new way to fuel our economy, why wouldn’t it be able to power global trade as we know it today? What is this magical non-fossil-fuel energy source that can power GDP growth but not globalization?

Solomon: Until recently, science unambiguously held CO2 to be a beneficial gas, fundamental to the well-being of the planet. Only recently have some scientists come to question the benefits of CO2. Based on my discussions with scores of scientists over the last few years, I believe that the majority of them continue to believe that CO2 is beneficial. The premise that we need to revamp our society to cut back on CO2 emissions is likely wrong.

Right or wrong, politicians are fully capable of outlawing CO2. If they do, the global economy would run on alternatives that are now available in limitless supply: e. g., nuclear power, wind power and solar power. While all three technologies have cost and environmental drawbacks, they would and should power the economies and the globalization of the future.

You have astutely highlighted the nonsense in Rubin’s reasoning.

Carter: Countries that have put in place carbon pricing are already decoupling from fossil fuels while continuing to grow their economies. There are many existing technologies and the potential for even more in the future that will assist us to maintain a robust clean energy economy.

Goldbloom: Energy efficiency is one of the most touted goals of the environmental movement. But as Rubin reminds us, energy efficiency is not energy conservation. It leads, paradoxically, to higher total energy use.
In what is known as the "rebound effect," improving efficiency lowers your energy costs, which in turn allows you to use more energy for the same price.

Rubin’s solution? "If efficiency is to lead to actual conservation, consumers must ultimately be kept from reaping the benefits of [efficiency] initiatives in the form of ever greater energy consumption. In short, energy prices can’t be allowed to fall…" In other words, the government must put a price on carbon.

Will citizens support government action that raises energy prices, then exhorts them to become more energy efficient, just so they can go back to paying the same prices as before?

Carter: Doing more with less energy is necessary and will help cushion the blow in an oil constrained future –it makes great economic sense.

The rebound effect is a product of artificially low and steady oil prices. But this is not the world that we are living in. Peak oil and the need to address global warming are already resulting in the increased costs of fossil fuels.

As Rubin points out, the oscillations in oil prices do not provide clear signals to the market about the long-term trend toward rising oil prices. But a price on carbon provides a clear long-term economic signal that increases the costs of polluting energy sources and makes clean energy solutions more affordable. This can guide effective market responses. Responses that not only benefit the bottom line, but help safeguard the future of the planet.

However, care needs to be taken to ensure that the most vulnerable households are protected and can participate in energy-efficiency initiatives. These are often the very people who are stuck with the least efficient, most energy-intensive and therefore most expensive energy options.

Your question, Daniel, about whether Canadians will support innovative policy measures such as a carbon price was answered in this month’s election in B. C. The province introduced a carbon tax last year, which actually took effect at the very moment that gas prices hit an all time high. Doomsayers predicted that the government would feel the effects at the polls. They were returned with a majority.

Solomon: There’s nothing inherently wrong in consuming energy — wrongs only arise from pollution that might result. Controlling harmless behaviour, on the other hand, certainly is abhorrent.

Polling and electoral results show the public punishes governments that raise energy costs. In Canada, we had the Liberals’ historic collapse after they tried to sell us on the Green Shift. The B. C. Liberals didn’t collapse, but only because their opponents joined them in advocating energy hikes.

Goldbloom: Rubin’s expensive-oil future is a lot like the pre-globalization past, especially when it comes to free trade. There will be high transportation costs and Rubin believes countries using a carbon tax or a cap-and-trade system should place a "carbon tariff " on countries that don’t price their emissions.

Won’t creating barriers to global trade have a disastrous effect on world economies?

Carter: Economist and former head of the World Bank Sir Nicholas (now Lord) Stern called climate change "the greatest and widest ranging market failure ever seen." The real cost of greenhouse gas emissions is not counted in the production cost of goods and services.

Carbon tariffs could be an interim solution that encourages countries to incorporate the real price of emissions into production costs through a cap-and-trade and/or carbon-tax system.

Stern estimated back in 2006 that the costs for not taking action to address global warming would likely be in the range of 5-20% of global GDP, while the costs of taking action would amount to approximately 1% of global GDP by 2050.
The cost of doing nothing far outweighs the cost of taking action.

Solomon: Rubin’s prescriptions would do more than harm global trade; they would harm the global environment. The more efficient our economies become, the less polluting they become. The rise of globalization has led to higher environmental standards worldwide.

McDowell: Do you think Rubin’s book makes a suitable introduction to the first-time reader on the oil supply issue? Do you have another book to suggest?

I’d read a bunch of articles before but this was the first time I’ve really been up to my eyeballs in oil. Despite hungering for harder data and more concrete examples, I found Why Your World left me keen to read onward — the peak of my curiosity has yet to be reached.

Carter: Rubin’s book is a great read. It makes links between energy prices and the current state of the economy. We should take heed of his warnings and listen to his advice. I’d definitely recommend the book!

Solomon: Rubin’s book will befog any reader. For a clear-eyed look at resources, I recommend Julian Simon’s The Ultimate Resource. Or, try Wired’s article on him, "The Doomslayer," available at tinyurl.com/doomslayer

Goldbloom: As someone in a similar position to Adam, I found the book an enjoyable entrance to long-form energy writing. As far as other starters go, I’d recommend Carbon Shift: How the Twin Crises of Oil Depletion and Climate Change Will Define the Future edited by Thomas Homer-Dixon.

Posted in Energy Probe News, Fossil Fuels | 1 Comment

Enron’s other secret

In the climate-change debate, the companies on the ‘environmental’ side have the most to gain. First in a series called “Climate Profiteers”.

Continue reading

Posted in Energy Probe News, The Deniers | 24 Comments

Global warming? Tell that to the residents of Churchill, Manitoba

Recent meteorological evidence shows that temperatures over the past two months were far below average in parts of Canada. According to blogger Joseph D’Aleo, “parts of central Canada (Churchill, Manitoba) are running 16 degrees F below normal for the month through the 26th (map ends 24th).”

Don’t talk to the residents in Churchill about global warming—every day this month they’ve had to deal with below freezing temperatures. Worse still, in only 6 out of the first 26 days were they blessed with temperatures above freezing.

Average May Temperature

D’Aleo also points out that, “parts of the south central region were also cold in April averaging 3-5 F below normal. The winter (December to March) was a cold one for southwest and central Canada but warmer in the far northeast.”

Spring? They’re still experiencing snow – with forecasts calling for more of the white stuff in Churchill today and possibly over the weekend.

The article also pointed out that, “the arctic ice remains higher this year than for any year this decade in a virtual tie with 2004.”

Click here for a link to the article. 

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Aldyen Donnelly: A Closer Look at California’s Low Carbon Fuel Standard and What It Means for Canada: Part III

The Major Outstanding LCFS Fault for Canadians: Stand Up For Diesel

Notwithstanding these improvements, we anticipate that the LCFS will be subjected to US court challenge and there is a high probability that the CA LCFS will not be upheld. Canadian negotiators should seriously consider options to use the US courts to establish precedents in the CA LCFS context that should prove useful in the larger climate change treaty negotiations.

In this regard, Canadian negotiators should focus on DIESEL. Please note that Alberta and Venezuelan heavy oil is primarily a diesel/distillates feedstock. (Alberta’s oilsands feed Ontario’s refineries; Venezuelan crude is a large component of the feedstock for Canadian maritime and Quebec refineries.)

All other things being equal, a refinery optimized for diesel/distillate production can discharge some 15% lower GHGs than a refinery optimized for gasoline production. Diesel tailpipe GHGs can be 15% to 25% lower than gasoline tailpipe GHGs per kilometer/mile. Full fuel cycle GHGs for most biodiesels are substantially lower than for most ethanol production options.

Virtually 100% of the transport sector GHG "reductions" realized in Europe between 1990 and mid-2008 derive from the shift of the passenger vehicle fleet from gasoline-to-diesel-to-biodiesel blended fuel. Finished fuels based on Canadian crude are only more GHG intensive if we remain focused on gasoline.

Therefore, Canadian negotiators should conscientiously act to protect and grow the potential diesel and biodiesel shares of the North American transportation fuel market. There are significant opportunities to reduce GHGs in the production and transport of Alberta heavy and synthetic crude. But a top Canadian negotiating strategy should be to ensure that the US passenger fleet is at least open to the gasoline-to-diesel shift. 

A small creditable net full fuel cycle GHG reduction is achievable without any incremental investment in GHG reduction in Alberta’s oilsands. Much more importantly, a US LCFS that is fair to diesel, compared to gasoline, could prove the only mechanism that Canadian oilsands operators might need to raise capital to implement large GHG reducing projects in Alberta and Venezuela. A gasoline-favouring US LCFS could have the opposite effect.

In "Draft Resolution 09-31", CARB has supplied Canadian negotiators with almost all the tools we need to defeat at least parts of the LCFS in US court. The resolution says:

While there is about a 20 percent improvement in the adjusted carbon intensity of light-duty diesel vehicles using conventional diesel fuel compared to gasoline vehicles, crediting light-duty diesel vehicles for reduced carbon intensity in the regulation is inappropriate because it would not provide any significant long-term benefits of promoting significantly lower carbon fuels and significantly more energy efficient vehicles.

Including a LCFS standard for diesel fuel and its replacements in addition to a standard for gasoline [this is the procedure that combines to establish a supply chain GHG reduction obligation for diesel producers while it blocks the market’s opportunity to earn credits for gasoline-to-diesel fuel switching] and its replacements is appropriate because including diesel fuel from the beginning will allow for the development of a more robust credit market and will provide greater certainty on future expectations and because elimination of the diesel element would reduce the LCFS benefits by 20 percent.

By the time the regulation approved herein is formally adopted by the Executive Officer, it will include pathways for biodiesel and renewable diesel that could be used in the near term for compliance by providers of diesel fuel choosing to rely on that approach…

The good news for Canadian negotiators is that there is no scientific foundation for the state of California’s total focus on the removal of fossil-based carbon as the primary method for cutting California’s transport sector GHG emissions. Peer reviewer Dr. Mauzerall was very correct to be "concerned that the units used [to define performance in the existing LCFS} are essentially penalizing efficient vehicles with low CO2 emissions per mile travelled"

And because she is correct, many of the aspects of the CA LCFS remain vulnerable to court challenge, one of which is most important to Canada: that is, the manner in which the LCFS discriminates against passenger fleet shifting to diesel as a GHG reduction measure.

 

Read Part I 

Read Part II

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Aldyen Donnelly: A Closer Look at California’s Low Carbon Fuel Standard and What It Means for Canada: Part II

California’s LCFS Problems:  winners, losers and everything in between

California law obliges state regulators to subject any proposed environmental regulation to scientific peer review. Under US law, the US courts have to strike down regulations that are not based on accepted science. So the peer review process is a prudent screen for any new standard.

I have written, many times before, that the CA LCFS process reflects "bad science". The LCFS process became captive to an exercise—the primary goal of which evolved into the development of a leading, complex full fuel cycle GHG model for transportation fuels ("CA-GREET").
The LCFS relies heavily on default emission factors and baseline estimates (called "Carbon Intensity" or "CI" values in the LCFS context) that are outputs from this model. The difficulty is that the model relies heavily on theoretical inputs and limited real data. The situation is so extreme that the modelers are unwilling to assign uncertainty factors or estimation error estimates to the default emission factors they have prescribed for the LCFS.

Two of the four peers who officially reviewed the LCFS (see the reviews here) were critical of the decision of the regulators to build such a complex regulation based on so little real data. For example, in her review, Dr. Denise, Mauzerall of the Woodrow Wilson School of Public Affairs said:

The carbon intensity (CI) values play a key role in determining whether a regulated party has complied with the LCFS rule…Given the level of uncertainty in such calculations, it is not advisable to have to many significant figures for each entry…In addition, it may be worth considering reducing the number of different subcategories for each type of fuel…establishing precise and accurate values for each pathway (e.g. 11 different pathways for ethanol from corn) will be impossible and attempting to do so [under a court challenge] will create an undue burden on regulators and opportunities for the regulated community to argue that the specifics of their pathway are not accurate…

Minimizing gCO2e emitted per vehicle miles travelled rather than gCO2e per MJ would be more effective at reducing total CO2 emissions. The emphasis of the LCFS is on reduction the gCO2e emitted per MJ of energy contained in the fuel. However, since the purpose of the standard is to contribute to reducing CO2 emissions form California, I am concerned that the units used are essentially penalizing efficient vehicles with low CO2 emissions per mile travelled…The LCFS in its current form can only be certain to be effective at reduction total CO2 emission if it is coupled with programs to improve fuel efficiency….

The emphasis on biofuels with 40% grown in California is undesirable…the CI of corn ethanol grown in California ranges from 77 – 96% of the intensity of gasoline [i.e. higher than the intensity of diesel fuel]. California water can be better spent on other things than growing fuel…compressed natural gas derives from landfill gas has a CI of 13 gCO2e/MJ and can be used as an alternative to diesel…  

In her review, Dr. Valeri Thomas of the George Institute of Technology said:

That observed data have not been used to validate the…model findings is a significant weakness…The ARB staff has put a great deal of effort into thinking about the time dimension of [the problem of modelling the impact of ethanol demand on land use change]. Nevertheless, time-related issues are still addressed in a piecemeal way that makes some unjustified assumptions.  A more comprehensive approach…would be simpler and more accurate. ARB could develop a more data driven and less model-dependent approach…"

What the peer reviewers do not mention—but is a VERY large concern for Canadians—is that on top of these emission factor uncertainty/data quality issues the original LCFS:
Obliges CA suppliers of gasoline and diesel to report these fuels separately and comply with the new standard discretely for each fuel.

This method precludes market shifting from gasoline to diesel fuels as a compliance option. In so doing, this regulation precludes a sustainable least cost GHG reduction option.

Obliges regulated entities to cut GHGs/unit of fuel sold by 10% from a 2011 baseline.

This procedure delivers competitive advantage to the oldest refineries in the US (many of which are located in California) at the expense of more efficient existing suppliers.

Gives the "regulated entities" the option of substituting verifiable data for default emission factors.

This procedure gives complete control to the major importers to game the CA rule to take advantage of the lack of real data to maximize global profits.  (Most of the gaming opportunities incent global companies to take a hit on their Canadian product margins in exchange for the artificial profit inflation the LCFS delivers to their California value-adding and Persian Gulf operations.  In the original rule, an entity in the CA supply chain does not have the option to present real data to address any unfairness inherent in the rule.  And the opportunity to game the existing rule is a disincentive for some major market players to elect to make real data available to the regulators.

Provides an indirect subsidy to refineries that buy heavy oil produced from CA oil reserves.

And does so while artificially inflating the GHG factor for finished products derived from heavy oil that originates in Alberta and Venezuela. The LCFS accomplishes this by establishing 3 customized fuel "pathways" for California refineries. In these pathways, one single emission factor is assigned to a blended state-average crude feedstock. Between 25% and 33% of the crude oil used by CA refineries is heavy oil from in-state reserves.

Generally, the GHGs arising from the extraction of CA heavy oil are 15% to 25% HIGHER than the average GHGs associated with feedstocks from the Alberta and Venezuela oil sands. But 67% to 74% of the crude oil entering CA refineries is light, sweet crude, originating largely in the Persian Gulf. The CA LCFS (in my view) first understates the GHGs from the production of CA heavy oil, then understates the GHGs for a number of offshore sources of conventional crude, to create a very generous single blended GHG factor for all of the crude entering CA refineries. This method frees the CA regulators to assign excessive GHG penalties to finished products that rely on Alberta and Venezuela feedstocks while it protects CA oil producers from any similar penalty.

CARB staff have partially responded to a few of these and other stakeholder concerns with the "Draft Resolution 09-31" modifications. Surprisingly (but luckily for Canadian climate change negotiators), the staff modifications partially remove the trade bias in the LCFS that could derive from the %-reduction-from-based-year measure for performance.  But the modifications also fail to address the more important-to-California issues outlined above.  However, lucky for us, the emerging LCFS development and resolution and US court review process could form a precedent that Canadian climate change negotiators can and will want to refer to, as well as exploit, in the context of the broader Canada-US climate change negotiations.

So far, the recently published CARB staff-recommended modification would:

Compel regulated entities to put minimal fuel supply chain tracking systems in place.

This would allow them to present the regulator with some verifiable data. This requirement confers more power on upstream feedstock suppliers than they would have had under the original regulation, which left all decisions about whether real data could be substituted for default emission factors up to the CA-based retailers.

Compel the regulator to create an alternative compliance "method" that defuses the trade protection potential of the %-reduction-from-base-year measure of performance.

If the proposed modifications are approved by CARB, the regulator is obliged to use the CA-GREET model to annually estimate the state’s supply chain average GHG intensity given full compliance with the reduction schedule. Then, fuel suppliers will have the option of complying with the original percentage reduction performance measure, or applying to have their supply chain or portion thereof "certified to" the absolute GHG/unit of fuel sold estimate that the regulator publishes. This procedure still delivers some advantage to the higher emitting in-California supply chain, but after this change the protection afforded the in-state supply chain does not have to be at the expense of more efficient foreign suppliers.

Whether or not this option becomes a viable compliance option will depend, largely, on whether or not the state develops a bureaucratically burdensome or efficient procedure for opting for the GHG/unit of fuel compliance option.
In the official CARB resolution, the critical-to-Canadians modifications say:

Whereas the LCFS identifies " ‘carbon intensity’ as a measure – expressed in terms of grams of CO2 equivalent per mega-Joule (grams CO2E/MJ) – of the direct and indirect GHG emissions associated with each of the steps in the full fuel cycle of a transportation fuel (also referred to as “well-to-wheels” for fossil fuels, or “seed or field-to-wheels” for biofuels);and whereas the LCFS requires fuel suppliers to demonstrate a 10% reduction in GHG intensity from 2011 base year levels by 2020, the Program Administrator is obliged to create an alternative compliance method,

The regulator must now " require regulated parties to establish physical pathway evidence for transportation fuels they report; this could involve a four-part showing including a one-time demonstration that there exists a physical pathway by which the transportation fuel is expected to arrive in California…and an update to the initial physical pathway demonstration whenever there are modifications to the initially demonstrated pathway…

Mandate that the Executive Officer certify the carbon intensity values for various fuel pathways, including multiple pathways for some fuels to represent differences in how and where the fuel is produced…

Upon adoption of the LCFS regulation, the Executive Officer would publish a “Carbon Intensity Lookup Table” identifying the carbon intensity for a number of specific fuel pathways for which the carbon intensity values had been adequately developed for certification; the Executive Officer is authorized to subsequently certify additional or modified carbon intensity values in the Carbon Intensity Lookup Table.

For a regulated party identifying the carbon intensity value of the various fuels it is providing, use of the carbon intensity values in the Carbon Intensity Lookup Table is characterized as ‘Method 1’…

Canadian negotiators should note that the revised LCFS still protects higher emitting US refineries, by giving them the 10% reduction compliance measurement option. But it does not penalize more efficient foreign suppliers in the way the existing US Reformulated Gasoline and Renewable Fuel Standard do.

Canadian negotiators should use the LCFS development to date to illustrate why, at the product/sector level in the GHG context, the North American GHG standards should also, at least, incorporate the two compliance options: 17% below 2005 levels by 2020 OR specific annualized GHGs/unit-of-product sold GHG performance measure.

The new CA LCFS offers the option to choose. In most of the 10 critical GHG-intensive product classes, in the longer term, Canada would derive competitive advantage from the removal of the option and the introduction of the requirement that regulated entities comply with the "more stringent" of the two options. But Canadian negotiators should bank that negotiating play for another day.

Read Part I 

Read Part III

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Aldyen Donnelly: A closer look at California’s Low Carbon Fuel Standard and what it means for Canada: Part I

What’s behind the delays to California’s Low Carbon Fuel Standard?

California Air Resources Board (CARB) staff recently prepared "Draft Resolution 09-31 regarding the new Low Carbon Fuel Standard: Draft Modifications to the Original Proposed Low Carbon Fuel Standard", which has been posted here,  along with the officially required 45 days notice of rule making. This is the beginning of a good news story for Canadian fuel exporters. CA’s legal advisors confirmed the opinions 2 peer reviewers of the LCFS that US courts would strike down the LCFS if it was challenged on the basis of poor science. So the drafters are now considering amendments to try to address some of the issues the peer reviewers raised.

In my view, the proposed modifications begin to address some of the more important issues raised by the regulation’s reviewers (including me). But the modified rule is still unlikely to survive a US court challenge. The reason this is good news for Canada is that it is, at least, a small indication that the CA regulators are becoming aware they have some problems. The reason it is not very good news is that their attempts to address the problems are insufficient.

I have written before that a US standard the defines "performance" in "percentage reduction from a base year emission measurement" can be highly biased standard. When US regulators structure regulations that require the regulated entities to show that their suppliers are meeting an obligation to cut supply chain GHGs from an historical level, it creates a potential opportunity for the US regulators to discriminate against imported feedstocks and refined products that: (1) are less GHG intensive than the US or CA domestic production and/or (2) originate in foreign plants that are unwilling or unable to provide commercially sensitive plant operating data to the US regulators to comply with US emission reporting rules.

Before I complete my response to your question about the LCFS, I want to walk you through an important regulatory/WTO precedent. This precedent is the basis for  much of the strategy of US climate change negotiators and should be front of mind for the Canadian negotiators.

An Important Case Study for Canadian Negotiators

In the US Reformulated Gasoline (RFG) standard, the US successfully implemented  a discriminatory definition of "performance". The RFG standard obliges a number of states to ensure that only reformulated gasoline is sold in US airsheds classed as "in non-attainment" with federal air quality regulations.

RFG is conventional gasoline that is blended with oxygenates (usually ethanol) so that it will generate far lower tailpipe NOx emissions when combusted. The RFG regulation establishes an RFG quality standard, but also creates a new national standard for US conventional gasoline. The 2nd product standard was deemed important to ensure that fuel suppliers did not simply high grade their output into the RFG market and deliver higher NOx-emitting conventional gasoline into the not-RFG restricted US airsheds. Any such high grading would accelerate the degradation of air quality in the airsheds still deemed to be in attainment.

So while the RFG regulation—made law in 1993—does not oblige fuel suppliers to reduce the NOx factor for their conventional gasoline sales, it obliges them to demonstrate that there has been no degradation of the NOx factor from the 1990 baseline levels for their conventional gasoline sales. But in 1993, hardly any of the foreign gasoline suppliers to the United States were able to retrospectively produce data to verify what their 1990 baseline NOx factors were. (The NOx factor is established by entering the fuel formulation–from a lab test of a batch sample–into something called the "Complex Model". The model produces a NOx emissions per mile factor for the tested fuel.).
Where the EPA deemed the foreign supplier unable or unwilling to present verifiable 1990 baseline data, it then adopted the practice of requiring importers to separately test all imported gasoline and, as long as the NOx factor for the tested gasoline was LESS than that for the US refineries, on average, the EPA assigned the US AVERAGE NOx factor to the imported fuels.

In the very first tests of foreign gasoline and ever since, the foreign conventional gasoline supply has tested in at around 1,412 grams NOx/mile, compared to the US refinery average of 1,465 grams/mile.  That means that low cost and less oxygenate would be required to make RFG from a foreign conventional gasoline basic input. But because the EPA is assigning a 1,465 grams/mile factor to all imported gasoline, US blenders are required, by law, to add ethanol to the imported conventional gasoline as if its actual NOx rating is 1,465. This procedure wipes out, entirely, what should be a significant competitive advantage for the cleaner foreign fuel suppliers in the US market.

The US’s RFG was subjected to a WTO challenge and the WTO ruled in 1997. But in the original rule, the EPA had elected to assign a NOx factor to imported conventional gasoline that was HIGHER, than the US refinery average—even though the tested fuel was clearly less polluting. Although the WTO struck  down the EPA’s practice of penalizing the imported fuels with a higher-than-US average NOx factor in the 1997 decision; the WTO did allow the EPA to assign the still biased US refinery average NOx factor to all imports, even though fuel testing clearly demonstrates the foreign RFG is less polluting and, therefore, a more competitive feedstock for RFG. Canada was among a number of nations that appealed this ruling, but our appeal was not upheld.

That’s  because the WTO is willing to honour the US practice of defining "performance" relative to an historical base year.

What the RFG Precedent Means in the GHG Law-Making Context

With the RFG precedent in hand, a majority of US environmental rule drafters—at both federal and state levels—are focusing their attention on the opportunity to draft all new US environmental regulations to measure "performance" as a reduction relative to an historical baseline. This creates new opportunities to discriminate against imports that compete with domestic output on two grounds:

First the foreign supplier is unable to produce verifiable base year data, at least not data that is as comprehensive or verifiable as the data the US EPA has collected from US refiners under normal US Clean Air Act Title V reporting requirements.

Both the RFG and subsequent US Renewable Fuel Regulations, which became law on September 1 2007, http://www.epa.gov/OMS/renewablefuels/), allow foreign suppliers to apply for "individual baselines" if they are willing and able to present the same plant-level data to the US EPA that was required of the US refineries in the base and all subsequent years.But both regulations oblige any foreign entity that applies for an individual baseline to: (1) remit plant operating and emission data—including commercially sensitive process design information—on a continuing basis, directly to the US EPA, (2) agree that the EPA has jurisdictional authority and can enforce US law at the plant on foreign soil,, as if the plant was located in the US and (3) waive sovereign immunity against US prosecution in the event the plant operator breaches US laws at the foreign site.

This procedure utterly circumvents and eventually supplants Canadian provincial and Environment Canada legal authorities over time.

Second, the foreign supplier is unwilling to remit commercially sensitive information to the EPA or unwilling to waive sovereign immunity from US law.

The EPA promises to keep commercially sensitive plant information confidential. Unfortunately,  the EPA will not be permitted keep that promise under existing US national security laws, as Congress could always expropriate of intellectual property form foreign fuel suppliers as a matter of national security.

With these two substantial potential sources of competitive advantage in mind, US regulations will continue to press to measure "performance" in all new US technical and environmental standards as a rate of change/improvement relative to an historical baseline.

It will prove essential that Canadian negotiators NEVER agree to any standard that is defined in percentage reduction terms. Any and all Canadian agreements must be based on discrete emission intensity standards, where performance is measured as emissions/unit of product sold, averaged over total sales in the regulated market.

Canada must never, ever, agree to any standard that refers to a base year. The US may elect to accept Canadian national targets because the it’s satisfied that the absolute national or product=specific GHG intensity standards that Canada may bind to are, essentially, equivalent to a given reduction objective. But Canadian negotiators must NOT enter into any dialogue that can reasonably be presented to the WTO, at a later date, as an agreement to bind to a standard that measures performance in percentage-reduction-from-a-base-year-terms.

 

Read Part II 

Read Part III

Posted in Aldyen Donnelly | 10 Comments

Climate conference heats up

The atmosphere at the recent World Business Summit climate conference in Copenhagen, was, indeed, quite hot. According to a story in the local paper, Politiken, the city’s sex trade business was booming throughout the conference.

Climate conference sex boom
Copenhagen’s sex trade did brisk business during the recent business climate conference.

The global climate challenge may have been on the daytime agenda during the recent World Business Summit climate conference in Copenhagen, but in the evenings many businessmen, politicians and civil servants are reported to have availed themselves of the capital’s prostitutes.

“We’ve been extremely busy. Politicians also need to relax after a long day,” says ‘Miss Dina’, herself a prostitute.

Good for the economy

Nyhedsbrevet 3F called various escort agencies and prostitutes to hear whether they had been busier than normal during the climate conference – and all agreed; summits in Copenhagen are good for the economy.

Dorit Otzen, who leads Reden International says that major events in Copenhagen attract more sex workers.

“A lot of men in one place means more work for prostitutes. At the same time we have a government that will not ban prostitution, so in fact we invite visitors to avail themselves of prostitutes,” Otzen says.

Click here for a link to the original story

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Global warming debate heats up

The debate surrounding global warming is, truly, heating up. Former Colorado State Climatologist Dr. Roger Pielke has responded to Stanford University professor Stephen Schneider’s recent claim that he could he could "slaughter" skeptical scientists in a global warming debate.

Schneider’s remarks are part of a recent interview he did with the San Francisco Examiner. Schneider was presented with this remark by the interviewer: “More specifically, the principal skeptic websites (Watt’s Up With That, Climate Skeptic, Climate Audit and Climate Science) that I look at regularly seem to think they are winning the day (the global warming debate). They think data is coming in that questions the established paradigm.”

To which he responded: “They have been thinking that as long as I have observed them and they have very few mainstream climate scientists who publish original research in climate refereed journals with them–a petroleum geologist’s opinion on climate science is a as good as a climate scientists opinion on oil reserves. So petitions sent to hundreds of thousands of earth scientists are frauds. If these guys think they are ‘winning’ why don’t they try to take on face to face real climatologists at real meetings–not fake ideology shows like Heartland Institute–but with those with real knowledge–because they’d be slaughtered in public debate by Trenberth, Santer, Hansen, Oppenheimer, Allen, Mitchell, even little ol’ me. It’s easy to blog, easy to write op-eds in the Wall Street Journal.”

Pielke gladly accpeted Schneider’s remarks. “I would be glad to debate Dr. Schneider (or any of the other individuals who are listed),” he said on his website. “I also challenge them to refute in the professional literature (and in a debate) the numerous peer reviewed articles and national (e.g. See) and international climate assessments (e.g. see) that present scientific evidence that conflicts with the narrow perspective on climate science that Steve Schneider is representing.”
I would add a couple of links at the end to the interview and both websites.

Roger Pielke Sr.’s response. 

Interview with Stephen Schneider. 

 

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Dennis Miller interviews Energy Probe’s Lawrence Solomon

Energy Probe

May 22, 2009

Dennis Miller recently interviewed Energy Probe’s Lawrence Solomon about his book, “The Deniers”.

Click here to listen to the interview.

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Dennis Miller – Inverview with Lawrence Solomon

May 21, 2009

Lawrence Solomon, an anti-nuclear environmentalist, has written an important new book which explains how politics has had deviously mixed with science to drastically distort what “facts” are getting out to the public.  Dennis Miller interviews him in what turns out to be a very interesting discussion.

Posted in Climate Change, Global Cooling, The Deniers | 1 Comment