Climate and Environment

When the government’s lawyers defend fossil fuel interests, people and the planet pay the price.

The Biden Administration was elected to office with an urgent mandate to change our current trajectory towards catastrophic climate change. Climate-focused financial regulation, or the regulation of markets to accurately account for climate risk and the social and material costs of climate-damaging activities, must be a part of this coordinated federal response in order to meaningfully address climate concerns at the governmental level. An agency that is particularly key to this goal is the Commodity Futures Trading Commission (CFTC). The CFTC is one of the smallest federal financial regulatory bodies and yet it is responsible for regulating one of the country’s largest markets, derivatives. While it was originally founded to regulate futures trading in commodities, the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010 expanded the CFTC’s mandate to include swaps markets and broadened the agency’s role in regulating other derivatives, in part due to their extreme volatility and outsized role in the 2008 financial crisis. 

President Biden signed the elusive bipartisan infrastructure bill into law on November 15th. It’s just the first part of a planned two-part infrastructure push, the other being the Democrat-only Build Back Better Act which Joe Manchin and Kyrsten Sinema have slashed to pieces. Yet Biden keeps calling the bipartisan bill he signed a climate bill. 

“We are extremely disappointed to see Biden renominate Jerome Powell as Chair of the Federal Reserve Board. Biden’s endorsement of Powell’s deregulatory agenda will greatly harm American families. Biden has an ambitious and urgent agenda on climate, financial stability, and addressing racial and economic inequality. Powell as Chair of the Federal Reserve will make it more difficult for Biden to ultimately be a successful president. Today is a win for the conventional wisdom and Establishment and a defeat for the planet and Joe Biden’s ultimate legacy.”

Congressional selfies and self-congratulations inaugurated the week, but a lot of hard work remains to translate the Infrastructure Investment and Jobs Act’s (IIJA) policies into real-life results. Given that those policies are (generously) middling and that the most promising ones are underfunded, turning these into winning programs will demand energy, creativity, competence, and a strong commitment to the public interest.

Harvard President Larry Bacow announced mid-afternoon on September 9th that the Ivy League university — whose 53.2 billion endowment exceeds the GDP of over 100 countries — would officially end its investments in fossil fuels. That announcement set off a domino reaction of divestment announcements from Dartmouth, the California State University system, Boston University, the University of Minnesota, the University of Toronto, the MacArthur Foundation, the Ford Foundation, the Netherlands’ largest pension fund, and hundreds of other groups. They appear to see the writing on the wall that fossil fuel investments, beyond being morally egregious, are also no longer profitable.

The process of enhanced oil recovery that Crabtree champions is dangerous. Aside from the considerable economic and scientific barriers to scale, discussed below, the model of the CCT Crabtree supports rests on an unethical premise: that decarbonization should be profitable for Big Oil.

With his legislative climate agenda hanging in the balance, President Biden turned to executive action this week in his attempt to “assert American leadership” at COP26 in Glasgow. On Tuesday, the Environmental Protection Agency (EPA) announced sweeping new rules to curb methane emissions. Those standards, which the agency estimates would eliminate a greater volume of emissions between 2023 and 2035 than those emitted from all U.S. passenger cars and commercial planes in 2019, were rightly applauded. For now, however, these are just estimates. Ensuring that they turn into real-life emissions reductions that meet or exceed expectations will require that agencies have the capacity to promptly write strong new rules and, then, enforce them.

This administration has consistently affirmed its commitment to rebuilding the federal workforce. But with only 98 months left until 2030, at which point we will need to have cut U.S. emissions in half to avoid climate catastrophe, it should be clear that there’s no time to waste turning words to action.

It has been over nine months since President Donald Trump left office, but on climate policy the federal government continues to show the scars from his disastrous presidency. At a moment when we do not have even a second to waste to avoid catastrophic climate change, agencies are struggling to build back better after attacks on scientific integrity and agency budgets left them without sufficient staff capacity and expertise. While the Biden administration has consistently affirmed its support for the federal workforce through rhetoric and action, New York Times reporting from this summer makes clear that the rebuilding is still not happening fast enough. 

It is very possible that President Biden will show up empty-handed to COP26 in Glasgow next week. And that isn’t just because of the apocalyptic vanity of two Senators from Arizona and West Virginia. Many executive-led policies that are just a matter of political will have not been done, and some of those which have are pure paper tigers. Biden’s administration failed last week to take advantage of a lesser known, but extremely meaningful climate action opportunity. The Financial Stability Oversight Council (FSOC) released its long-awaited report on climate-related financial risk, which the President personally ordered months ago. And it was a complete flop. 

We hope that these one-pagers help political professionals, the press, and onlookers to better understand the facts surrounding the reappointment debate.

“It’s extremely disappointing to see this long-awaited report be so watered down by what can only be described as climate apathetic FSOC members.”

President Biden has failed to live up to his promise to progressives to be a climate president. U.S. emissions continue to rise. Last week, 23 unique plant and animal species were declared extinct. A catastrophic pipeline oil spill in California is actively killing fish, birds, and wetland ecosystems. And in violation of treaty rights that are constitutionally the supreme law of the land, Biden allowed Enbridge’s Line 3 tar sands pipeline to become operational on October 1, which will add emissions equivalent to 50 new coal-fired power plants and will inevitably spill. Biden is standing in support while water protectors are violently arrested and the Anishinaabe peoples living in the path of the project are terrorized and abused.

Alumni of Gibson Dunn, the law firm that helped Chevron go after Steven Donziger, have influential executive branch jobs under Biden.