Why Have You Given Up on Cooperative Federalism?
By Stephen Heins
The idea of "Cooperative Federalism" began with the New Deal in the 1930's, when it came to include a division of responsibilities among the states and the federal government agencies of electric power and distribution. By the passage of the Clean Air Act of 1970, the EPA set the minimum standards for the states to best implement their individual utility plans to meet air pollution goals with approval of the EPA.
This dynamic partnership, with the Environmental Protection Agency, State Utility Commissioners, state utilities, Federal Energy Regulatory Commission, Nuclear Regulatory Commission, Department of Energy, state and
regional transmission lines has lasted for almost 80 years, with very positive impacts.
More importantly, this state and federal electrical grid partnership developed the necessary long term planning expertise, engineering sophistication, vast financing mechanisms and political mandate to develop the most robust electrical grid in the world. It also had "the machinery for change," as Leonard Cohen put it.
Then, suddenly the EPA announced its "Clean Power Plan" in 2013. Several constitutional scholars saw this plan, using 111(d) of the Clean Air Act, as a significant federal agency over-reach that some have called "regulatory capture." Experts such as WilliamYeatman of the Competitive Enterprise Institute believes that the EPA should avoid this aggressive intervention and continue a policy of “Cooperative Federalism" by using the "normal tools of government" including the electoral process and political mandates.
The facts seem to support the historical approach of this well-rounded cooperation. In a recent news release, the EPA said that it has recorded state efforts that consistently met or exceeded the federal requirements for energy efficiency, fuel use, renewable energy, and’*other high-performance sustainable building metrics.
In 2013, for example, EPA oversaw the 24 percent energy intensity reduction from its FY 2003 baseline, a reduction from the FY 2013 energy intensity by 25.6 percent from FY 2003. In FY 2013, EPA also measured a reduced fleet petroleum use by 38.9 percent compared to the FY 2005 baseline, exceeding the goal of 16 percent." In addition, the EPA reports that greenhouse gases in the US have been reduced by 10 percent 2005-2012.
In the States, the 50 separate Public Utility Commissions (and their National Association of Regulatory Utility Commissioners) have been exercising their authority and responsibility for working with state governments, power plant operators, business community, state environmental groups, consumer groups and transmission companies to provide electricity to power the largest economy in the world.
Currently, 47 states have demand-side energy efficiency projects, all with measurable results, 38 states have Renewable Portfolio Standards (RPS), 10 states have voluntary market-based Green House Gas (GHG) emission trading programs and numerous large private companies and publicly traded utility companies have been pursuing voluntary emission reduction strategies.
In a recent presentation at conference of the American Meteorological Society in Phoenix, EPA Administrator Gina McCarthy said that "Science is under attack like it has never been before," which seems like hyperbole, at the least or a highly political rationalization, at the most.
In a recent editorial in Science Magazine, the executive
publisher Alan I. Leshner, said: "If the general public is to share
more opinions with members of the scientific community, scientists themselves cannot ignore concerns that people may have about the research process or findings. There needs to be a conversation, not a lecture."
Adding to the overall scientific confusion are recent stories about “global warming" by many news outlets like the BBC, Forbes, the New York Times, The Economist and CBS, they have reported
Biography
Currently, Stephen Heins is an energy consultant for Wall Street Firm in New York City. Previously, Heins was Vice President of
Corporate Communication for Orion Energy Systems, a publicly-traded leader in innovating energy and lighting systems based in Plymouth,
Wis.
He has published dozens of articles and op-ed pieces on energy management, the utility industry, environmental issues, Internet and Broadband issues for leading newspapers, energy and trade magazines including Forbes, Milwaukee Journal Sentinel, the San Diego Union Tribune, Engineering Times, Energy and Power Management, EnergyPulse and Electricity Today.
He has been an associate member of the Midwest Energy Efficiency Alliance, a committee member and international committee member of the Alliance to Save Energy, a participating and white paper contributing associate to the American Council for an Energy Efficient Economy and
an original member of the Chicago Climate Exchange.
Prior to joining Orion Energy Systems in 2001, Heins was director of marketing for NorthNet, an Internet Service Provider based in Oshkosh, Wisconsin and Chairman of the Issues Committee for the Wisconsin Internet Service Providers. Heins studied economics and business at UW-Oshkosh and
American Poetry at Columbia University.
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