The United States and International Climate Cooperation

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ARTICLE IN PRESS

Energy Policy 35 (2007) 1282–1291


www.elsevier.com/locate/enpol

The United States and international climate cooperation:


International ‘‘pull’’ versus domestic ‘‘push’’$
Guri Banga, Camilla Bretteville Froyna, Jon Hovia,b,, Fredric C. Menza,c,{
a
Center for International Climate and Environmental Research, Oslo, Norway
b
Department of Political Science, University of Oslo, P.O. Box 1097, 0317 Oslo, Norway
c
School of Business, Clarkson University, Potsdam, NY 13699, USA
Available online 15 May 2006

Abstract

The US government is being pressured by both international and domestic influences to re-engage in international climate control.
This paper considers whether the international ‘‘pull’’ and the domestic ‘‘push’’ will be strong enough to accomplish this. First, we
discuss whether changes in the architecture of the current climate regime might induce the United States to re-engage at the international
level. We argue that the United States is unlikely to rejoin any global climate regime that is based on the Kyoto architecture, even if
Kyoto were to be ‘‘reformed’’. Second, we discuss whether domestic political developments might eventually cause the United States to
re-engage. We conclude that US re-engagement is likely to require the emergence of a new climate regime that basically extends US
regulation to other countries. However, the forging of a unified US climate policy is still in the making. Furthermore, a new regime can
gain widespread participation only if the Kyoto countries accept the idea of replacing Kyoto with some alternative architecture, which
seems unlikely in the near future.
r 2006 Elsevier Ltd. All rights reserved.

Keywords: Climate regime; Kyoto Protocol; International cooperation; The United States

1. Introduction governments have enacted numerous policy measures


to control GHG emissions either directly or indirectly.
Russia’s ratification in October 2004 enabled the Kyoto For instance, in August 2005, nine northeastern states
Protocol to enter into force in February 2005. This has announced a preliminary agreement to freeze power
increased public awareness of the Bush administration’s plant emissions (including carbon dioxide) at their current
repudiation of Kyoto in 2001 and efforts to re-engage the levels in 2009 and then reduce them by 10% by 2020
United States in an international climate regime.1 The (New York Times, 2005b). This agreement would establish
Kyoto member-parties recognize that the effect of any a regional, market-driven emissions trading system among
international climate treaty will be limited without the nine states (Connecticut, Delaware, Maine, Massachu-
participation by the United States, which is the world’s setts, New Hampshire, New Jersey, New York, Rhode
largest source of greenhouse gases (GHG), responsible for Island, and Vermont). In addition, three western states—
25% of global emissions. California, Oregon, and Washington—are exploring a
There is also growing interest within the United States to regional agreement to control GHG emissions. Many
respond to climate change. In particular, state and local states have recently adopted regulations such as re-
newable portfolio standards that mandate a minimum
$
Seniority of authorship is shared. percentage of electricity production from renewable energy
Corresponding author. Department of Political Science, University of
sources. And California, which is typically at the forefront
Oslo, P.O. Box 1097, 0317 Oslo, Norway. of state efforts to control pollution from mobile and
E-mail address: jon.hovi@stv.uio.no (J. Hovi).
{
Deceased.
stationary sources, is considering more stringent fuel
1
Throughout this paper, the term ‘‘climate regime’’ refers to the Kyoto economy standards for motor vehicles to control carbon
Protocol or some alternative climate treaty. emissions.

0301-4215/$ - see front matter r 2006 Elsevier Ltd. All rights reserved.
doi:10.1016/j.enpol.2006.03.015
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G. Bang et al. / Energy Policy 35 (2007) 1282–1291 1283

The federal government is thus being pressured by a 2003).5 This hypothesis suggests that a country will not
combination of international and domestic influences to accept binding strictures on GHG emissions if it expects
control its GHG emissions. The question we explore in this the costs of implementing such strictures to outweigh the
paper is whether the combination of international ‘‘pull’’ benefits. The other side of the coin is that such a country
and domestic ‘‘push’’ is likely to re-engage the United might reconsider participation if the balance of benefits
States in an international climate regime with effective and costs is reversed.6 It is therefore reasonable to ask
global participation. We attempt to answer this question whether changes in the Kyoto architecture to accommo-
through an analysis in two steps. date US objections might cause the United States to re-
First, we discuss whether changes in the architecture of engage internationally. We consider three such changes:
the current climate regime might encourage the United binding emissions targets for developing countries, sub-
States to re-engage. Three possible changes in regime stitution of so-called intensity targets for Kyoto’s absolute
design are considered: (1) introduction of binding emis- caps, and a modification of the compliance system.
sions targets for developing countries, (2) replacement of
Kyoto’s absolute limits on GHG emissions with intensity- 2.1. Emissions targets for developing countries
based emissions limits, and (3) modification of the
compliance system. Whether developing countries should have emissions
Second, we discuss whether domestic political develop- reductions targets is an important issue for the United
ments might eventually cause the United States to re- States in the international climate negotiations. As the
engage in a global climate regime. In particular, we economies of major developing countries like India and
consider whether factors such as changes in public opinion, China are growing stronger and are posing increasingly
access to more advanced technology, pressure from state serious competition to the US economy, binding emissions
and local governments, or concerns about national security targets for these countries would sweeten the pill of
and dependence on foreign energy supplies could pre- participation for the United States.
cipitate a change in US climate policy. There are two major reasons for this. First, participation
We conclude that the United States is unlikely to by developing countries in emissions trading would
rejoin any international climate regime that is based on significantly reduce projected compliance costs for the
the Kyoto architecture, even if Kyoto were to be United States because of ample opportunities to cut
‘‘reformed’’. A more realistic scenario for US re-engage- emissions cheaply in those countries (Nordhaus and Boyer,
ment is that a different international regime emerges on the 1999). Second, the United States has argued that it would
basis of developments in US climate policy. However, such make more sense if emissions from growing developing
a regime could gain widespread participation only if the country economies are also regulated, since their GHG
Kyoto countries accept the idea of replacing Kyoto with an emissions will soon surpass those of the United States and
alternative architecture, which seems unlikely in the near other industrialized countries. Potentially expensive US
future. efforts could seem futile if emissions in other parts of the
world continue to grow. Also, introducing targets for
2. Modifications of the Kyoto architecture developing countries would contribute to an even playing
field, an issue that is becoming increasingly relevant as
President Bush’s repudiation of Kyoto in March 2001 economies like India and China are posing real competition
was based on two main objections. The first echoed the to the United States in key markets. The image of unfair
Byrd-Hagel resolution from July 1997,2 stating that ‘‘the competition from low-cost countries exempted from
Kyoto Protocol y exempts 80% of the world, including emissions targets is part of the US climate policy discourse,
major population centers such as China and India, from and these concerns are unlikely to become less important in
compliance.’’3 The second objection was that the Kyoto the near future.
Protocol ‘‘would cause serious harm to the US economy’’.4 The question then becomes if binding targets for
As suggested by public choice theory, a country will developing countries are realistic in a future treaty, and
participate in an international environmental agreement in what form. Developing countries—represented by the
like the Kyoto Protocol only when cooperation is Group of 77 (G77) in the Kyoto negotiations—have
associated with a net gain to that country (Svendsen, consistently resisted any form of commitment to reduce
GHG emissions (Bodansky, 2001). At the first Conference
of the Parties in Berlin in 1995, the G77 achieved a major
2
The resolution, which was adopted by a 95-0 vote, states that ‘‘the
5
United States should not be a signatory to any protocoly[which At the same time, however, other factors such as rent-seeking behavior
mandates] commitments to limit or reduce greenhouse gas emissions for by domestic political interests may have an important influence on policy
the Annex I Parties, unless the protocol mandates new specific formation, thus the government might not maximize the total welfare of
commitmentsy for Developing Country Parties within the same the nation.
6
compliance period.’’ (US Senate, 1997). The high costs that would be imposed by Kyoto were certainly a major
3
http://www.whitehouse.gov/news/releases/2001/03/20010314.html reason for the United States’ withdrawal from Kyoto in 2001. For
4
http://www.whitehouse.gov/news/releases/2001/03/20010314.html discussion, see e.g., Grubb and Yamin (2001) and Svendsen (2003).
ARTICLE IN PRESS
1284 G. Bang et al. / Energy Policy 35 (2007) 1282–1291

victory when they managed to negotiate agreement from clear that these concerns can be met in a mutually
the industrialized countries on the principle that countries satisfactory manner by a multi-stage approach, because
should have common—but differentiated—responsibilities different countries would face different levels of commit-
under the UN Framework Convention on Climate Change ment. If the market conditions cannot be evened out in a
(UNFCCC). The G77’s interpretation of ‘‘common but new multi-staged regime, it is unlikely that the United
differentiated responsibilities’’ is very clear: The industria- States would be re-engaged simply by the adoption of such
lized countries should fulfill their emissions mitigation an approach.
commitments before members of G77 will even consider Furthermore, the United States seems willing to pursue
undertaking binding commitments. This interpretation is climate and energy agreements outside the auspices of the
the foundation of G77’s approach to climate policy: United Nations that might weaken developing countries’
Climate change mitigation is first and foremost the willingness to participate in future regimes led by the UN.
responsibility of the industrialized countries because the For example, in 2005, the United States engaged in a
problem up to now has been primarily caused by them Partnership on Clean Development and Climate with the
(Grubb et al., 1999). biggest coal producers in the world, among them India and
Previous studies have argued that the most likely form of China, to exchange knowledge on cleaner coal technology.
commitments for developing countries in the future is a In addition, the United States has established bilateral
diversified regime, where countries are assigned commit- science agreements with India, China, and other significant
ments based on their degree of economic development developing countries to facilitate technology transfer.
(Criqui et al., 2003; Höhne et al., 2004). Equity considera- These arrangements have a potential of serving as
tions make it unreasonable to demand the same commit- substitutes for UN-led global climate policies, thus under-
ment from developed and undeveloped countries (Müller, mining the prospects for a future global climate regime.
2002). Within the framework of a regime with differen- Second, it is by no means certain that G77 will accept the
tiated commitments, a multi-stage approach has received kind of differentiation of commitment types among its
considerable attention (Berk and den Elzen, 2001; den member countries that a multi-staged regime demands.
Elzen et al., 2003; Höhne et al., 2004). This type of regime Given the success the group has had by posing a united
implies that commitments to reduce GHG emissions be front against demands from Annex 1 countries8 in the
differentiated among countries based on their economic UNFCCC to accept emissions reductions targets, it is hard
development. For example, countries in the initial stage of to imagine that G77 could be convinced to move away
economic development might have no commitments to from this negotiation strategy.
limit their emissions, whereas countries in later stages of In conclusion, binding targets for developing countries
development might be required to reduce their emissions will most likely continue to be an important factor for the
relative to gross domestic product (GDP) or achieve an United States in international climate talks. However, it is
absolute reduction in their emissions. In a multi-stage far from clear that such targets—in a multi-staged
regime, least-developed countries might even receive approach or in the mildest form (intensity targets)—will
transfers of funds and technologies to assist them in the be neither acceptable to developing countries nor sufficient
economic development process. The intent is to ensure that to spur US re-engagement.
countries in comparable economic, developmental, and
environmental situations bear similar burdens under the 2.2. Replacing absolute emissions limits with intensity-based
climate regime. Moreover, the system defines that a emissions limits
country’s levels of responsibility or commitment changes
as its circumstances change (Berk and den Elzen, 2001).7 Kyoto sets limits on countries’ emissions in terms of an
The European Union has expressed a preference for a absolute ceiling to be achieved as of a given date, with
multi-stage approach, saying that ‘‘the ‘staged approach’ is different targets for different countries. An alternative to
a promising way to provide for differentiated participation Kyoto’s absolute emissions limits is the use of emissions-
by developing countries’’ (EC, 2005, p. 45). intensity targets. Like absolute caps or ceilings on
Nonetheless, the political feasibility of such a regime is emissions, intensity-based emissions limits can be either
questionable. First, we have already mentioned that the mandatory or voluntary (although they are mandatory in
United States has serious concerns about maintaining its most environmental regulations). Either can also be fixed
global competitiveness, and countries like China, India, or allowed to vary over a certain time period.
and Mexico are perceived to pose an economic threat Intensity-based emissions targets link actual emissions to
because of their relatively low production costs. It is not some output measure. Specifically, emissions intensity (EI)
is the quantity of emissions (E) per unit of output (Y).
7
Though the discussion is usually framed in terms of different absolute Thus, in any given time period, EIt ¼ Et/Yt. In the context
emissions limits for different countries (as is done under Kyoto), targets of controlling GHG emissions, emissions intensity is
for countries could also be specified in terms of different (allowable)
8
emissions intensities. The distinction between intensity-based emissions Countries in Annex I of the Kyoto Protocol have accepted absolute
limits and absolute emissions limits is discussed below. emissions limitations targets.
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G. Bang et al. / Energy Policy 35 (2007) 1282–1291 1285

typically defined as the quantity of GHG emissions per unit The Bush administration’s climate policy—announced in
of total output (GDP). With a given emissions-intensity February 2002—has the goal of reducing GHG emissions
target, the total amount of GHG emissions will vary with intensity by approximately 18% over the 2002–2012 time
changes in GDP, and the specific target that is chosen will period. This voluntary policy was met with considerable
determine the amount of abatement required and the costs scepticism by the environmental community in the United
of meeting the intensity target. Over time, emissions States and in many other nations. It is interesting that a
growth could be slowed, stopped, or reversed depending similar goal for the decade of the 1990s would have been
on whether growth in GDP falls below, equals, or is greater met by the United States, presumably triggered by
than emissions intensity. Therefore, uncertainty about technological change, fuel switching, and other market
growth in future GDP translates into uncertainty about forces. The main point of the criticism was that the ‘‘new’’
the future quantity of emissions.9 target announced by President Bush essentially represented
An intensity-based target lowers the risk of high business as usual (Menz, 2002). Despite this criticism, there
abatement costs, but increases the risk of climate change is growing interest in intensity targets as opposed to an
by leaving aggregate emissions uncertain. Thus, intensity absolute cap for controlling GHG emissions (e.g., Kolstad,
targets multiply uncertainties about the benefits of climate 2005; Pizer, 2005).
change abatement activity, possibly making investments in There are at least three possible reasons why the United
GHG abatement less attractive (Dudek and Golub, 2003). States might view a switch from absolute to intensity-based
In contrast, with absolute emissions limits, uncertainty targets in a post-Kyoto agreement positively. First, the
about future GDP translates into uncertainty about the Bush administration has already formulated a GHG-
level of future abatement costs to meet the target emissions intensity target for the US economy. Hence, depending
cap.10 If GDP growth is greater than expected, the ceiling on the exact design of the treaty, an international regime
on emissions will require more abatement and higher costs based on intensity targets could extend US climate policy
than an intensity target; if GDP growth is lower than to other countries. Second, intensity targets could ease the
expected, the converse will be true (Ellerman and Wing, economic burden as compared with Kyoto’s absolute caps.
2003). Finally, an international regime based on intensity targets
Intensity-based emissions targets have been widely used would—at the very least—make participation by develop-
in several different forms to regulate source emissions. ing countries more likely. Should major developing
Emissions-intensity targets can regulate emissions either countries such as China and India eventually agree to
indirectly by mandating the use of certain pollution control binding intensity targets, this would go a long way toward
technologies or directly by limiting the rate of emissions meeting the requirements of the Byrd-Hagel resolution of
relative to some measure of output. Examples of manda- 1997.
tory intensity-based limits in US environmental regulations
include limitations imposed by states on air pollution 2.3. Changes in the compliance system
emissions from sources in order to comply with the US
Clean Air Act; requirements that new sources employ the A third possible reform of the climate regime is to
best available air pollution control technology; and change the compliance system. The Kyoto–Marrakesh
mandatory emissions standards for new mobile sources. compliance system is innovative in that it provides a
An example of a voluntary emissions intensity target is Compliance Committee with an Enforcement Branch
President Bush’s goal of reducing the GHG intensity of the empowered to impose punitive ‘‘consequences’’ on a
US economy by roughly 18% from 2002 to 2012. country that is found to be in non-compliance with its
An emissions-intensity target could be equivalent to an commitments. In particular, a country that fails to comply
absolute cap on emissions by ex-post adjustments that with its assigned emissions target must make up for the
compensate for fluctuations in economic activity, particu- deficit plus an additional 30% in the next commitment
larly if an emissions permit program were used to achieve period. In addition, eligibility for selling emissions credits
the target. If expectations of future GDP are met, then an will be suspended. If this system works as intended, it can
intensity target will achieve the same result as an absolute potentially make non-compliance very costly for a country.
cap; if GDP turns out to be higher than anticipated, more Moreover, the more demanding a country’s assigned
abatement will be required and permits can be issued; if amount, the less likely it is that it will actually reach its
GDP is lower than anticipated, less abatement is required target, other things being equal, making the penalty
and permits can be retired.11 effectively more stringent for countries with larger abate-
ment requirements.
9
For a discussion of intensity targets and uncertainty, see Dudek and
Golub (2003) and Jotzo and Pezzey (2005). (footnote continued)
10
If GDP and GHG emissions are positively correlated, increases in Oates, 1988; Bohm and Russell, 1985) shows that taxes and auctioned
GDP will require emissions cutbacks—and higher abatement costs—to tradable emissions permits are equivalent under certainty. However, if
stay within the cap. emissions permits are grandfathered, income is transferred to the holders
11
Emissions could also be regulated through the use of other policy of the permits from the government, making grandfathered emissions
instruments, including emissions taxes. The literature (e.g., Baumol and permits preferable to emissions taxes for most permit holders.
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Because the United States’ abatement requirements strengthening the compliance system could make a
under Kyoto were relatively demanding (a 7% reduction Kyoto-like accord (at least somewhat) more attractive to
in GHG emissions from their 1990 level), it might be the United States.
tempting to infer that a tough compliance system would be By itself, a stronger compliance system should provide
viewed as unattractive by Washington. However, when the additional assurance to the United States that at least some
United States ratifies an international treaty, it becomes other Annex I countries are going to live up to their
part of US legislation, meaning that it can be enforced commitments. However, it might have some adverse effects
domestically. Thus, had the United States ratified Kyoto, as well. For example, Russia and Japan had serious doubts
then anyone would—at least in principle—have been able about a tough compliance system during the Kyoto
to take the US administration to court if it did not comply process, and insisted on postponing the issue of whether
with their Kyoto obligations. to make the compliance system legally binding.12 A further
It follows that the design of the compliance system strengthening of the compliance system might reduce these
would have had little or no impact on US compliance and countries’ willingness to commit to significant reductions of
it should come as no big surprise that during the emissions in the second commitment period. The same
negotiations on the compliance system, the US delegation might be true for a number of other Annex I countries that
took it more or less for granted that the United States are currently seeing significant discrepancies between their
would always comply fully with its emissions target Kyoto targets and actual emissions levels. Thus, while a
(Werksman, 2005). In the eyes of the United States, the strengthening of the compliance system would likely
compliance system was largely a tool to ensure compliance improve legal compliance, the net effect on overall climate
by other countries. This explains why the United States performance is more uncertain.
favored a tough compliance system despite the fact that it Perhaps more important for the United States, a
would likely face significant implementation costs. Indeed, strengthening of the compliance system might further
the compliance system provided by the Marrakesh Accords discourage developing countries from accepting binding
was to a large extent of American design. caps or intensity targets for future commitment periods.
However, as pointed out by Barrett (2002, 2003), the Developing countries were initially highly sceptical to
current compliance system suffers from a number of enforcement based on punitive consequences (Werksman,
weaknesses. First, it relies heavily on cooperation by the 1998), and they did not change their position until it
non-compliant Party, in that the Marrakesh Accords became clear that the enforcement system would apply
include no enforcement provisions addressing failure by a only to Annex I countries (Werksman, 2005). However,
non-compliant country to accept the punishment. Second, should developing countries at some future stage accept
there is nothing that prevents a country from postponing binding emission targets, there will be mounting pressure to
implementation of the punishment for one or several make the compliance system applicable to developing
periods (or even indefinitely). Third, the compliance system countries as well. Indeed, it is difficult to see how targets
is not legally binding and can be made so only through an could be made binding without being subject to enforce-
amendment which would require a three-fourths majority ment via the compliance system.
vote by the Meeting of the Parties. Fourth, the anticipation In short, while strengthening the compliance system
of being punished might induce some countries to hold out would likely improve compliance, it might also limit
for a generous allowance in the upcoming negotiations for participation and result in less demanding targets for
second period emissions targets. Fifth, a non-compliant participating countries than otherwise. Although the
country can evade punishment by pulling out of the climate United States is likely to view improved compliance
regime. Finally, use of punitive consequences will produce positively, these other effects will almost certainly pull in
negative welfare effects for compliant countries as well, by the opposite direction. Thus, it is far from clear that a
causing the price of fossil fuels to go down and the price of strengthening of the compliance system would have much
emission permits to go up (Hagem and Westskog, 2005). bearing on Washington’s lack of motivation to rejoin the
For countries that are both exporters of fossil fuels and climate regime. In any case, it is extremely unlikely that a
buyers of permits (such as Norway), it might actually be modification of the compliance system alone could be a
worse that another country (such as Canada, Japan, or decisive factor. At best, it might add marginally to other
Russia) is punished than to be punished itself (Kallbekken sources of motivation.
and Hovi, 2006), thus making the threat of punishment
from these countries less credible. 3. Domestic politics
In light of all these weaknesses, it is far from clear that
Kyoto’s compliance system will ensure compliance by all If the analysis in Section 2 is correct, the prospects are
(or even most) Annex I parties. If the United States were to rather dim for re-engaging the United States through
rejoin the climate regime, it might be in its best interest to reform of the current climate regime. We now ask whether
have the compliance system further strengthened, given the changes in domestic politics might be more important than
emphasis it places on ensuring compliance by other
12
countries. Conversely, it might be worth asking if This issue will be decided at MoP 3 in 2008 at the earliest.
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G. Bang et al. / Energy Policy 35 (2007) 1282–1291 1287

international factors. We consider two potential avenues East is high, particularly in light of the volatile political
for change. The first is that developments on the domestic situation in key oil-exporting countries (Salameh, 2003).
political scene lead to greater support for US re-engage- The economic risks associated with being dependent on
ment. The second is that initiatives taken by state and local petroleum imports also increase as the oil price rises,
governments develop into a unified US climate policy. As whether due to supply disruptions or increasing demand
we shall see, a unified US climate policy is likely to be a from developing countries such as China and India
prerequisite for extension to a global climate regime. (Cleveland and Kaufman, 2003). Greater dependency on
petroleum imports could become enough of a burden to
3.1. Potential triggers for change in US climate policy trigger increased demand for national policies to reduce the
use of fossil fuels.
Several factors might provide a domestic push for Finally, there is demand for federal action on climate
mandatory US climate policies. One factor could be that change from US companies that have been disadvantaged
public demand for climate policies will increase as a result by the absence of a clear-cut national policy for controlling
of perceived increases in the damages from climate change, GHG emissions.17 Firms can be disadvantaged for several
possibly linked to occurrences such as extreme weather reasons. First, capital investments have long time horizons,
events.13 There is a tendency when extreme weather events so current investment decisions may have to be changed at
occur, like the heat-wave in 1988, the recent and increas- considerable cost if a mandatory climate policy is
ingly serious forest fires in the Southwest resulting from eventually adopted by the federal government. Second,
several consecutive years of draught, or the high frequency companies with global operations in countries that have
of hurricanes in the Mexican Gulf in 2004 and 2005, that ratified Kyoto will be required to meet Kyoto-mandated
parts of the news media link this to global warming, and emissions reductions, but cutbacks made in the United
hence periodically put the issue on the public agenda States will not count because the United States did not
(Moser and Dilling, 2004).14 However, this has also often ratify Kyoto. The loss of flexibility in making mandated
not been the case in US news coverage of such events GHG emissions cutbacks could be costly. Third, compa-
(Ungar, 1999), and a recent survey found that so far, a nies with operations in multiple states within the United
majority of Americans do not link the latest hurricanes to States are currently subject to different regulations
climate change (ABC News/Washington Post, 2005). pertaining to GHG emissions, again increasing the cost
Nevertheless, should a link between extreme weather of conducting business. It can be expected that as climate
events and global warming be scientifically documented change policies are implemented in other political jurisdic-
and communicated effectively to the public, public opinion tions (whether US states or other countries), companies
might change, thus triggering a change in climate policy.15 with global operations or operations scattered throughout
Technological breakthroughs might also have an impact the United States are likely to intensify pressure on the
on public opinion. The federal government has consistently national government for a well-defined national climate
supported programs to promote research and development policy.
in energy technology. For example, the Bush Administra-
tion has supported development of fuel cell technology, 3.2. State and local government initiatives
geological storage of CO2, and new ‘‘emissions-free’’
technologies such as gasified burning of coal in pilot power While only the federal government can negotiate and
plants (The White House, 2002). If there were break- ratify international treaties, individual states have been
throughs in clean coal technology or carbon sequestration, implementing policies to control GHG emissions (Pew
influential coal interests would be less opposed to domestic Center, 2005; Rabe, 2002).18 An example is the preliminary
climate policy measures.16 agreement announced in August 2005 by nine northeastern
A third factor that potentially could increase domestic states to develop a regional emissions trading program that
demand for GHG control policies is increased costs of would freeze power plant emissions (including sulfur
dependence on foreign energy supplies. The security risk dioxide, nitrogen dioxide, and carbon dioxide) at their
associated with dependency on oil imports from the Middle current levels in 2009 and then reduce them by 10% by
13
Interview by Bang with Senator Joseph Lieberman’s staff, Washing-
ton, DC, March 2003.
14 17
For recent examples of media focus on the link between hurricanes For a presentation of corporate climate initiatives, see Pew Center
and global warming, see e.g., New York Times (2005c, d). (2004). For further discussion of how firms are disadvantaged by lack of a
15
Interview by Bang with Senator Joseph Lieberman’s staff, Washing- clear and comprehensive national climate policy, see Fri (2005).
18
ton, DC, March 2003. An interesting question is what motivates sub-federal action on a
16
Opportunities to capture streams of CO2 are also promising, chiefly global public good like climate change. Like nations, individual states may
through processes of converting the fossil fuels to liquid fuels. The most act strategically by adopting less stringent GHG abatement measures than
promising storage concept is geological storage in which the CO2 is placed other states, thus inducing a ‘‘race to the bottom’’ (e.g., Barrett, 1994;
in deep sedimentary formations, but due to limited experience with carbon Levinson, 1997). However, empirical evidence to support this hypothesis
storage, little is known about the long-term fate of the CO2 (Socolow for US states is inconclusive (see e.g., Fredriksson and Millimet, 2002; List
et al., 2004). and Gerking, 2000).
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2020 (New York Times, 2005b). This regional cap-and- agreement spurned by the federal government and sig-
trade program was initiated by the governors from New nificant because the cities are large contributors to the
York, Maine, New Hampshire, Vermont, Massachusetts, country’s GHG emissions (New York Times, 2005a).
Rhode Island, Connecticut, Delaware, and New Jersey. It is possible that initiatives at the state and local level
California has a variety of existing policies and programs confronting the issue of climate change could provide an
addressing climate change.19 The state has established avenue for a revised international climate regime for the
targets for GHG emissions of 11% below current levels United States. A regime that extends action that has
over the next 5 years, 25% by 2020, and 80% by 2050.20 already been undertaken at the state level may achieve
California is also in the process of drafting regulations to more support at the federal level than newly proposed
reduce automobile GHG emissions by 30% from 2009 to federal initiatives. For example, a national RPS has been
2015.21 New York and other eastern states have routinely included in recent federal energy legislation and may have
adopted previous California rules regulating motor vehicle received serious consideration because 20 states have
emissions and have pledged to also follow California’s lead already enacted RPS rules. In addition, the array of
on GHG regulation. different state and local regulations that are being
In addition, a large number of states have adopted developed to cut GHG emissions may encourage develop-
regulations (including financial incentives and mandatory ment of a comprehensive national climate policy and
rules and regulations) to promote the use of renewable constitute a ‘‘bottom up’’ development path for federal
energy (Menz, 2005). Perhaps the most important require- climate policies (Rabe, 2002).
ment is the renewable portfolio standard (RPS), which
requires a gradually increasing percentage of an electricity
provider’s overall generating capacity or electricity sales to 4. Assessment and conclusion
come from qualifying renewable energy sources by a
certain date.22 Twenty states had adopted an RPS as of The analysis in previous sections suggests that the
September 2005, although they differ markedly in percen- United States is unlikely to join any international climate
tage requirements, timetables, and what type of renewable regime that is based on the Kyoto architecture. This is true
energy sources and technologies are included in the RPS.23 even if this architecture undergoes institutional reform,
At the local level, 212 mayors from 38 states representing such as introducing binding emissions targets for develop-
a total population of 43 million citizens have joined a ing countries, substituting intensity targets for absolute
bipartisan coalition to curb GHG emissions, an implicit caps on emissions, or making changes in the enforcement
rejection of the Bush administration’s position on climate system. Moreover, this conclusion is likely to remain valid
change.24 Their goal is to meet what would have been the even if the Democrats should win the 2008 elections. While
US requirement under the Kyoto Protocol—GHG emis- many Democrats might like to see a unilaterally deter-
sions 7% below 1990 levels by 2012—through actions mined emissions target for the United States, few now
including changes in land-use policies, increased use of favor ratification of Kyoto. A major reason for this is that
renewable energy, public information campaigns, and the first commitment period is approaching quickly.
efforts to change state and national policies.25 The Complying with the relatively demanding Kyoto target
coalition is unusual in its open embrace of an international would therefore almost certainly require the United States
to buy large amounts of emission permits, which would
19
entail a sharp increase in the permit price. Hence, rejoining
See http://www.climatechange.ca.gov/policies/index.html for an over- Kyoto at this late stage would be very costly and would
view.
20
California Governor Arnold Schwarzenegger signed an executive almost certainly face fierce resistance from US energy
order specifying these targets on June 1, 2005. interests (Busby and Ochs, 2004, p. 51).26
21
This has been challenged legally by the automobile industry, which A more likely scenario for US re-engagement is that a
has argued that the proposed regulation is really a change in fuel economy different international regime emerges on the basis of
standards rather than a pollution control regulation because the only developments within the United States. US practice when it
effective way to curtail motor vehicle GHG emissions is to improve fuel
economy. While the US Clean Air Act authorizes California to set its own comes to environmental treaties is generally ‘‘to act first
motor vehicle emissions standards, it does not have the authority to at home, and then to build on that approach at the
regulate fuel economy.
22 26
In two states (Illinois and Minnesota), the RPS is non-binding. It has also been claimed (e.g., Fisher, 2006) that the US repudiation of
23
A federal RPS has also been discussed and included in several recent the Kyoto Protocol is the product of geographically diffuse and labor-
energy bills under consideration by Congress, but has not yet received intensive natural resource interests that have had great success in affecting
Congressional approval. political outcomes. According to Fisher (2006), there is a robust
24
This is the number of participants as of March 9, 2006. For an relationship between fossil fuel dependence and opposition to climate
updated list of participants, see http://www.ci.seattle.wa.us/mayor/cli- change regulation, and it is the resource dependence of the nation-state
mate/default.htm#who. and not partisan politics that mainly determines domestic decision-making
25
The project begun by Seattle mayor Greg Nickels is called the US with regards to global warming in the United States. Thus, even if the
Mayors’ Climate Protection Agreement. For details, see http://www. presidency or the Congress majority were to shift parties, this alone will
ci.seattle.wa.us/mayor/climate/default.htm. For a discussion, see Betsill not shift the American position on climate change cooperation. Also, see
and Bulkeley (2004). Leggett (1999) and Lutzenhiser (2001).
ARTICLE IN PRESS
G. Bang et al. / Energy Policy 35 (2007) 1282–1291 1289

international level’’ (Purvis, 2004, p. 175). Obviously, an Second, while a treaty that basically extends US policy to
international regime along these lines would carry the other countries is likely to receive congressional support, it
trademark of American leadership. This is likely to give might not be acceptable to other countries. Such a treaty
the regime a symbolic value which should strengthen the will be beneficial for US constituents but not necessarily for
chances for ratification by the United States and by some other countries, thereby making the prospects for ratifica-
other countries. tion elsewhere dim. Moreover, other countries are still
Perhaps more important, a regime that extends US committed to the Kyoto process. Indeed, some observers
climate policy to other countries would essentially ensure believe that the Kyoto process is irreversible, and that re-
that foreign competitors face the same regulations as US engagement of the United States ‘‘will be achieved not
companies, thereby contributing to a more level playing through tinkering with international architecture but
field for US firms. As explained by Putnam (1988; see also through the gathering of domestic political forces in the
Evans et al., 1993), the set of international treaties that are United States, aided by progress elsewhere towards
acceptable to a particular country depends on the implementation’’ (Grubb, 2004, p. 36). So long as such
distribution of power, preferences, and possible coalitions beliefs remain strong in the Kyoto countries, it is unlikely
among domestic constituents. If domestic constituents that they will view alternative international architectures
would be better off without regulations of an international positively. If the analysis in this paper is correct, then an
treaty, they will seek to prevent the federal government open mind in the Kyoto countries about alternative
from accepting the treaty. Pivotal constituents have a international architectures would seem to be a prerequisite
strong voice in the domestic political process and thus in for a global treaty with US participation.
determining whether a treaty obtains a sufficient majority Finally, from the point of view of the United States,
in the ratification process (Putnam, 1988). another drawback of the current regime is that it takes
This means that the choice of treaty design will have place within a United Nations framework. The US
important consequences for how acceptable a particular Congress has a history of being sceptical to the United
treaty is for domestic constituencies and hence for policy Nations in general and to UN environmental action in
makers. A treaty that basically extends US policy to other particular (Purvis, 2004, p. 175). It was an exception when
countries is likely to receive congressional support simply the United States was one of the first to sign the
because it improves the competitive edge of US companies Framework Convention, and it is not difficult to find
by imposing more stringent regulations on foreign compa- examples of environmental treaties (in addition to Kyoto)
nies while largely prolonging existing regulations at home. that are accepted internationally, but that do not have the
Yet, it is difficult to envision that such developments will United States as a Party (e.g., the 1992 Convention of
materialize in the near future. There are at least three Biological Diversity).
reasons for this. First, before entering into international US scepticism towards the United Nations has increased
negotiations, the preferences of a country’s constituencies, rather than diminished during George W. Bush’s pre-
including both government and non-government entities, sidency. It was perhaps characteristic that the US-initiated
must be consolidated into a reasonably unified negotiating Asia-Pacific Partnership on Clean Development and
position. At the federal level in the United States, this often Climate was launched outside the United Nations.27 The
requires resolution of conflicting positions taken by Partnership includes the world’s four biggest coal produ-
different executive branch departments through inter- cers—the United States, China, India, and Australia—in
agency bargaining. For wide-ranging issues like climate addition to Japan and South Korea. It aims to keep fossil
change, a dozen or more government agencies, each fuel power sources, but wants to make them cleaner and
representing different interests, may be involved. Each greener. In particular, the Partnership intends to spur
agency’s priorities will be influenced by special interests knowledge exchange on technologies that can burn coal
such as trade associations, unions, environmental groups, more cleanly using the latest technology to spark economic
and other non-governmental organizations. The internal growth and cut emissions of greenhouse gases at the same
tug-of-war among agencies on a significant issue like Kyoto time. Although the six members of the Partnership account
is very intense. The official delegation can begin negotia- for more than 40% of global emissions of greenhouse gases
tions with delegations from other countries only after final and nearly 50% of the world’s population, it is unlikely
agreement has been reached among these parties on the that the Partnership will replace Kyoto as the dominant
national stance (Barrett, 2003; Froyn, 2006). The process international climate regime. According to Robert Zoel-
of forging these concerns into a unified US climate policy is lick, US deputy secretary of state, the Partnership is
still in the making. As we have seen, there are a number of intended as ‘‘a complement, not an alternative, to the UN
initiatives at the state and local levels. However, resistance
27
towards a mandatory national climate policy is still For details, see Richard Black, ‘‘New climate plan ‘to rival Kyoto’ ’’
substantial, and these initiatives have yet to develop into http://news.bbc.co.uk/2/hi/science/nature/4721449.stm, Richard Black,
‘‘Climate pact: For good or bad?’’ http://news.bbc.co.uk/2/hi/science/
a unified policy at the national level. Agreement on a nature/4725681.stm, and Stefan Nicola, ‘‘German officials unhappy
comprehensive federal climate policy would seem to be a with climate pact’’, http://news.monstersandcritics.com/europe/article_
prerequisite for international extension. 1037716.php.
ARTICLE IN PRESS
1290 G. Bang et al. / Energy Policy 35 (2007) 1282–1291

Framework Convention on Climate Change and the Kyoto European Commission (EC), 2005. Winning the battle against global
Treaty’’.28 Similarly, even though some environmentalists climate change. Background paper, Commission staff working paper,
believe that the Partnership might undermine Kyoto, few http://europa.eu.int/comm/environment/climat/pdf/staff_work_paper_
sec_2005_180_3.pdf
see it as a likely replacement. Evans, P., Jacobson, H., Putnam, R. (Eds.), 1993. Double-Edged
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domestic US policy preference has crystallized, and the sity of California Press, Berkeley, CA.
Kyoto process has been abandoned, a global climate Fisher, D.R., 2006. Bringing the material back in: understanding the
regime with US participation is not likely to emerge. Thus, united states’ position on climate change. Sociological Forum forth-
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