On Tuesday, a Supreme Court decision temporarily halted implementation of the Environmental Protection Agency’s Clean Power Plan. The decision was prompted by a lawsuit from 29 states and state agencies challenging the EPA’s authority to impose the Clean Power Plan under the Clean Air Act. Implementation of the Clean Power Plan will remain suspended until June 2, 2016 at least, when a federal appeals court will consider the states’ challenge.
The Clean Power Plan is the first regulation to limit carbon emissions from existing power plants in the U.S. and it does so ambitiously, aiming to reduce electricity sector emissions to 32 percent below 2005 levels by 2030. Each state was assigned an emissions reduction target based on past emissions and capacity for future emissions reductions. Originally, states had until 2018 to create State Implementation Plans outlining how they would meet the targets, but this timeline could be altered depending on how the legal challenges play out.
When the Clean Power Plan was announced six months ago, states and industry groups that depend economically on coal were quick to attack the law, characterizing it as federal overreach. Tuesday’s Supreme Court ruling is a temporary win for the fossil fuel industry, but supporters believe the Clean Power Plan will ultimately be upheld by the federal appeals court. California, Colorado, Virginia and Washington have reported that they will continue implementing the Clean Power Plan despite the Supreme Court’s ruling, and 14 states have vocalized continuing support for the Clean Power Plan.
This blog first appeared as a contribution to #Livestockdebate hosted by the European coalition ARC2020 (Agriculture and Rural Convention 2020). You can read contributions to the #Livestockdebate from other experts at the ARC2020 website.
Last month, workers entered ten massive, confined turkey and chicken operations in Indiana and sprayed foam designed to suffocate the birds. When the cold temperatures froze the hoses, local prisoners were brought in to help kill the birds manually. Other operations shut down the ventilation systems killing the birds as heat temperatures rose. More than 400,000 birds have been euthanized so far in an effort to contain a new strain of avian flu in the U.S. Last year, approximately 45 million birds were killed to contain the spread of a different avian flu strain in the U.S. These epidemics are not limited to poultry: two years ago, a massive piglet virus outbreak killed millions of pigs (an estimated 10 percent of the U.S. hog population).
One reason the TPP is in such trouble, especially in the United States, is that we’ve heard this story before. Passing NAFTA, CAFTA or other free trade agreements was supposed to mean more and better jobs, improved farm incomes and increasing prosperity all around. But that’s not what happened. In the wake of NAFTA, manufacturing jobs have evaporated, family farms have been decimated and income inequality has increased. Projections that this time around the TPP would generate increasing prosperity are met with a healthy dose of skepticism or outright disbelief.
Another part of the story is the strong opposition across borders. A big outcome of the NAFTA debate was the formation of strong ties among citizens’ groups in Mexico, the U.S. and Canada that refocused the discussion away from one country “stealing” jobs from another to a central emphasis on the role of transnational corporations in driving standards down to the lowest common denominator. An important element of the eventual defeat of the Free Trade Area of the Americas was the creation of the Hemispheric Social Alliance, allowing national and sectoral coalitions to coordinate analysis and actions across borders.
Last week Mexican civil society groups convened organizations from the NAFTA countries plus Peru and Chile to reenergize that collaboration in the context of TPP and build an action plan moving forward. It was great to see allies from Mexico and Canada, especially the coalitions that began during the NAFTA debate. It was inspiring to meet leaders from vibrant coalitions in Chile and Peru, as well as people working on digital rights and other issues that are relatively new in the trade debate.
It didn’t take long to test USDA Secretary Vilsack’s prediction that the poultry industry is prepared for a new outbreak of Highly Pathogenic Avian Influenza (HPAI). On January 8, Vilsack gave an interview to USDA Radio News in which he said, “I think we’re in a much better position to detect it more quickly, to respond more effectively within 24 hours to depopulate flocks if we see a reemergence of this.”
Earlier today, the USDA released a statement confirming an outbreak of H7N8 virus, a different strain of HPAI than the one that killed 48 million birds in the US this spring. This latest outbreak occurred in a commercial turkey flock in Dubois County, Indiana. Plans are under way to kill the flock and dispose of the carcasses. News of the outbreak sent stocks tumbling for all the major poultry processors.
It is too early to tell if this appearance of H7N8 virus will be as devastating as the last round of HPAI, which subsided in June of last year. While the Indiana outbreak was the first reported in the U.S. in almost seven months, avian flu has continued to wipe out millions of birds in other countries. France in particular has been hard hit, with over 30 flocks destroyed to prevent the spread of the disease.
The ability of the United States to make its own decisions regarding how, where and why to build transcontinental oil pipelines has been challenged by TransCanada Corporation, which sued the U.S. yesterday for the loss of potential future profits associated with the cancellation of the Keystone XL pipeline. The move represents a threat to both U.S. national sovereignty and national security, given the role of energy policy in protecting the homeland. The suit could also establish a precedent for challenging sovereign rights to address climate change through energy policy, not just in the U.S., but in any country that is party to the North American Free Trade Agreement (NAFTA).
The standing of TransCanada to sue the American government is provided not in any formal U.S. legal judiciary setting, but through rules laid down in a trade regime, NAFTA. The terms of this agreement, and other similar trade agreements, are designed to protect the rights of foreign investors over the rights of the states in which they are investing.
If successful, the suit will incur more losses to U.S. citizens than those associated with sovereign rights and national security. TransCanada is asking for $15 billion dollars in lost potential future profits. Furthermore, in an additional suit filed in Houston, Texas, TransCanada is seeking to limit the power of the President of the United States in setting U.S. energy policy by claiming that the Keystone decision was unconstitutional.
The World Trade Organization’s 10th Ministerial Conference, held in Nairobi, Kenya from 15-18 December came right on the heels of the final outcome of the 21st Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC). The contrasts were striking, and not just because of the shift from Europe to Africa, from northern winter to equatorial rains, and from environment to trade. There was also the level of interest: everyone who could not be in Paris was watching what went on there from afar, while few came to sit in the make-shift tents put up by the Kenyan Government as an NGO centre. The protest marches, organized by farmers’ organizations, gathered dozens of people rather than the several thousands who had come to WTO Ministerials past. The multinational lobbyists were few, many having turned their attention instead to plurilateral agreements such as the Trans Pacific Partnership, or TPP. Despite its long-standing support for the WTO and its agenda, The Financial Times newspaper did not even send its world trade editor. It seemed that the world could hardly have cared less.
With the recent conclusion of climate talks in Paris (see Ben Lilliston’s coverage here, here, here, and here), which included strong pushes for “Climate-Smart Agriculture” (CSA) by a variety of government, NGO and corporate actors, it’s worth returning to the recent conversations about agriculture at the FAO’s second Regional Agroecology Meeting. This meeting, which I attended in Dakar, Senegal from November 4-6 of this year, once again united scientists, civil society and members of government to discuss agroecology and its potential to improve small-scale food producers’ lives, support their extensive existing knowledge and improve environmental impacts from the agrifood system, from climate change to biodiversity.
When the text of a new global climate agreement reached by 195 governments was released this weekend, one word was conspicuously absent: agriculture. That doesn’t mean issues around how farmers produce food were entirely ignored; in fact, you can see agriculture’s shadow in nearly all parts of the Paris agreement—from national-level climate plans to climate finance to new initiatives on soil. But a clear path forward on how to limit agricultural greenhouse gas emissions and support more climate resilient agricultural systems is still too politically hot for governments to take on.
The decision to sidestep agriculture, at least temporarily, within the climate agreement was not surprising. Finding common ground on agriculture and food security is notoriously difficult in international settings (see long-stalled World Trade Organization negotiations). Much of the intransigence around agriculture lies in the enormous political and economic power held by an increasing small number of global agribusiness corporations, who have little interest in new rules that don’t fit with their current business model. There is strong resistance to new regulations for agribusiness sectors that are high greenhouse gas (GHG) emitters (particularly the big fertilizer and meat companies). After the Paris agreement was reached, the meat industry immediately put out a call to start aggressively lobbying governments to protect their interests.
On the eve of their Nairobi ministerial, WTO members should remember it is not food procurement policies in developing countries like India but unfair US agricultural subsidies which threaten free trade and farmer livelihoods across the world
On December 15, the world’s trade ministers will gather in Nairobi, Kenya, for the tenth attempt to craft a new set of trade rules under the World Trade Organisation (WTO). The so-called Doha Development Round (DDR), launched in Doha, Qatar, in 2001, promised to right the imbalance in previous trade negotiations that had favoured the United States, European countries, and other developed nations. Reforming unfair agricultural practices were at the centre of the Doha agenda.
On the eve of the Nairobi ministerial, that agenda itself is under threat. The US, EU, and Japan have proposed jettisoning the Doha agenda and the progress made before negotiations broke down in 2008. They have dismissed commitments made two years ago in Bali, Indonesia, to resolve objections to India’s ambitious National Food Security Act as an unfair subsidy to farmers. Agriculture, it seems, is barely on the Nairobi agenda.
Going along with the West would be a costly mistake for developing countries. They may well be facing a new era of low crop prices in which highly subsidised crop production in the US and other rich countries creates overproduction and dumping of cheap goods on global markets. If ever there were a need for new agricultural trade rules, now would be the time.
Changing economic landscape
Earlier this week, a leaked internal European Union document on climate negotiation priorities (posted by Corporate Observatory Europe) made clear that any global climate deal would not mention trade. Also this week, a group of concerned business associations (including the biotech industry) hurriedly wrote (subscription required) U.S. Secretary of State John Kerry warning him not to agree to anything that could impact trade rules established to protect intellectual property rights. Both documents show why powerful interests want to keep trade and climate agreements separate despite the numerous ways trade rules have not only facilitated climate change but limit our ability to set strong climate policy in the future.
The trade-climate disconnect exists not only within the global climate treaty being negotiated here in Paris. The Trans Pacific Partnership (TPP) does not include anywhere in its 5,000 plus pages the words “climate change.” The latest version of a U.S. Customs bill (subscription required) coming out of the House of Representatives forbids the President from considering climate impacts in future trade agreements.