ABSTRACT

Of the many regulatory responses to climate change, cap-and-trade is the only one currently endorsed by large segments of the scientific, economic and political establishments. Under this type of system, regulators set the overall path of carbon dioxide (CO2) reductions, allocate or auction the appropriate number of emissions allowances to regulated entities and – through trading – allow the market to converge upon the least expensive set of abatement opportunities. As a result, the trading price of allowances is not set by the regulator as it would be under a tax system, but instead evolves over time to reflect the underlying supply and demand for allowances. In this paper, I develop a simple theory that relates the initial clearing price of CO2 allowances to the marginal cost premium of carbon-free technology, the maximum rate of energy capital replacement and the market interest rate. This theory suggests that the initial clearing price may be lower than the canonical range of CO2 prices found in static technology assessments. Consequently, these results have broad implications for the design of a comprehensive regulatory solution to the climate problem, providing, for example, some intuition about the proper value of a possible CO2 price trigger in a future cap-and-trade system.

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ABSTRACT

The overall economic efficiency of a quantity-based approach to greenhouse gas mitigation depends strongly on the extent to which such a program provides opportunities for compliance flexibility, particularly with regard to the timing of emissions abatement. Here I consider a program in which annual targets are determined by choosing the optimal time path of reductions consistent with an exogenously prescribed cumulative reduction target and fixed technology set. I then show that if the availability of low-carbon technology is initially more constrained than anticipated, the optimal reduction path shifts abatement toward later compliance periods. For this reason, a rigid policy in which fixed annual targets are strictly enforced in every year yields a cumulative environmental outcome identical to the optimal policy but an economic outcome worse than the optimal policy. On the other hand, a policy that aligns actual prices (or equivalently, costs) with expected prices by simply imposing an explicit price ceiling (often referred to as a "safety valve") yields the opposite result. Comparison among these multiple scenarios implies that there are significant gains to realizing the optimal path but that further refinement of the actual regulatory instrument will be necessary to achieve that goal in a real cap-and-trade system.

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Editor's Note: For full disclosure, Tom Mann (joined by Norm Ornstein) filed an amicus curiae brief in Arizona State Legislature v. Arizona Independent Redistricting Commission.

James Madison would be pleased. The 5-4 decision announced today by the Supreme Court upholding Arizona’s use of the initiative to establish an independent redistricting commission is a model of constitutional reasoning and statutory interpretation. It underscores the essential connection between republican government and popular sovereignty, in which the people have the ultimate authority over who shall represent them in public office. The majority opinion quotes Madison to powerful effect: “The genius of republican liberty seems to demand . . . not only that all power should be derived from the people, but those entrusted with it should be kept in dependence on the people.”

Madison worried about the dangers of the manipulation of electoral rules to serve the immediate interests of political actors. He was himself the target of a gerrymander designed (unsuccessfully) to deny him a seat in the first Congress. The Elections Clause of the Constitution, by granting Congress the power to override state actions setting the time, place and manner of elections, was designed partly as a safety valve to contain the abuse of power by those in a position to determine which voters will hold them accountable.

Today’s intensely polarized politics drive major partisan campaigns to seize control of the redistricting authority in the states and to wield that power to boost prospects for majority standing in the House. Partisan gerrymandering is not the major source of our dysfunctional politics but it surely reinforces and exacerbates the tribal wars between the parties. A number of states have used the initiative device provided in their constitutions to establish independent commissions to replace or supplement the regular state legislative process in redrawing congressional and/or state legislative district boundaries. Such commissions are no panacea for partisan gerrymandering. Their composition and rules vary in ways that can shape the outcome. But the evidence suggests they can mitigate the conflicts of interest that are a part of the regular process and produce more timely plans less subject to judicial preemption.

The Court has upheld the right of those states to legislate electoral rules through a popular vote. Had the minority position prevailed, state laws governing many aspects of the electoral process would have been subject to constitutional challenge. And an important safety value available to the people of the states for responding to abuses of power by those in public office has been preserved.

This should not be read more broadly as a triumph of direct democracy over representative government. Many scholars who provided expert opinion supporting the majority opinion retain serious concerns about the overuse and misuse of initiatives and referendums. Instead, the decision strengthens the legitimacy of representative democracy by reinforcing the essential link between republican government and popular sovereignty.

The Ferguson Commission—convened by Missouri Governor Jay Nixon in the aftermath of the police shooting death of Michael Brown—was given a daunting task. Its charge was not only to examine the underlying causes of “the social and economic conditions that impede progress, equality, and safety in the St. Louis region,” but also to issue a report “containing specific, practical policy recommendations for making the region a stronger, fairer place for everyone to live.”

Reflecting the magnitude of that charge, the Ferguson Commission’s final report, released on Monday, totals almost 200 pages and contains 189 calls to action that span a range of issue areas, from police and court reform, to creating higher-quality education and training opportunities, to improving access to jobs, transportation, and affordable housing.

The sweeping scope of the report’s recommendations is in proportion to the complexity of the shifting economic and demographic trends and the legacy of racial discrimination that helped set the stage for last summer’s events. Like many of its neighboring communities, and suburbs across the country, Ferguson has recently experienced rapid demographic and economic changes, transitioning from a largely white to a majority black community that has seen its poor population double since 2000.

The report’s authors emphasize that they want readers to “realize how interconnected all of these issues are.” (That’s one reason for the interactive online design—to allow users to navigate across related initiatives, even if they fall in different issue areas.) And the commission situates their calls to action within a regional framework that recognizes these issues operate at a scale broader than one neighborhood or suburb.

Even so, the challenge of municipal fragmentation looms large, both in the commission’s report and in any move towards implementing its recommendations. The report acknowledges that “the current state of municipal fragmentation is both a result of and a propagator of racial disparity” and that many of St. Louis’ suburbs “have problems with budgets because of their small size.” The commission calls for consolidation of the region’s 60 local police departments and 81 municipal courts, a move which could improve oversight and compliance and save the region millions of dollars a year.

But the commission stops short of addressing the municipalities themselves, many of which would continue to struggle with strapped budgets even after these reforms. Capping the share of municipal revenue generated by fines and fees, as the state legislature has done, could help curb abusive practices, but it doesn’t solve the underlying problem. Many of these small municipalities don’t have the resources they need to meet their current budget obligations, let alone pay for additional services and programs that increase access to opportunity (like those called for in the Ferguson Commission’s report).

There is no easy solution, but there are models for the region to consider that could ameliorate the negative effects of fragmentation (e.g., municipal collaboration, municipal consolidation, and regional revenue sharing and governance structures) and potentially ease the way for the broader slate of reforms recommended by the commission.

Presented with a Gordian knot of a challenge, the Ferguson Commission has put forward its framework for changing the status quo—what it believes “to be the best starting point, the beginning of a path toward a better St. Louis.” And the reality is that failing to act on the deep-seated challenges facing the region means struggling suburbs like Ferguson, and their residents, will only fall further behind.

When the Volkswagen emissions control scandal broke into the headlines in September, I wrote here how I felt like my lifelong love affair with VW had been violated. As an environmentalist, owning a Jetta that zipped along for 42 miles on a gallon of diesel was the best of both worlds. And it was a lie. My wife, Holly Flood, said she felt like she’d been “duped,” and since then she’s vowed never to buy another VW.

I’m not so sure. But I was pleased this week to see the agreed terms for the nearly half million of us who own the smaller diesel engine cars in the U.S. This was the largest car settlement in U.S. history.

What I like is the combination of individual and collective compensation for this crime.

On the individual side, if this deal is approved by the judge in early October, my family will get our 2009 Jetta TDI sedan fixed for free (if the Environmental Protection Agency approves the fix), and we’ll get a check for $5,100. Holly says that’s perfect timing for a down payment on a new car (which will not be a VW).

I’m pushing for a plug-in electric hybrid, which we can charge with renewable energy we get off the grid from our local provider, People’s Power & Light. In our case, for every electron we use, they pay to have one electron put in from wind power somewhere right here in New England. Hopefully we’ll have variable pricing of electricity by then, allowing us to charge the car when the juice is cheapest, like when the wind blows at night but few people are using much electricity.

The unknown for us is whether the VW fix will noticeably harm the performance of the car. I’m guessing it will, perhaps in its remarkable torque, in its gas mileage, or both. But at this point the car has tons of my wife’s commuting miles on it, so we’re hanging on to it as the in-town backup car. Under the settlement we could get an extra $7k and give up the car entirely. That may be tempting, as it’s at that point where it’s getting substantially more expensive to maintain, and the Kelley Blue Book value is around $6k. They apparently aren’t lowballing us.

The collective part of this agreement is actually more interesting.

VW agreed to pay $4.7 billion  into environmental programs, which in my estimation will eliminate more harm than they created. One estimate guessed that scores of premature deaths occurred in the U.S. from VW’s “defeat devices” that shut off emissions controls when they were not being tested. Most of the deaths were probably in California, where there were many more sales of diesels than elsewhere in the country. (Of course in Europe the concentration of diesels is much greater and the Guardian put the number of deaths at thousands in the U.K. alone.) 

One part of this fund will go to replace diesel buses with electric ones. This will measurably improve air quality in inner cities, the precise places where extra sooty VWs were causing ill health and premature deaths with their NOx emissions. Another part will go to install electric vehicle charging stations in California. This helps overcome the “chicken and egg” problem of people not being willing to switch to electric vehicles for fear of running out of juice. The settlement says that “Volkswagen must spend $2 billion to promote non-polluting cars (“zero emissions vehicles” or “ZEV”), over and above any amount Volkswagen previously planned to spend on such technology.” That counterfactual will probably be impossible to prove, but the idea here is fairness.

Sociologically, this is a fascinating case, because it reveals how our society resolves scandals that killed people through knowing contamination of the environment. As Deputy U.S. Attorney General Sally Yates harshly put it, "By duping regulators, Volkswagen turned nearly half a million American drivers into unwitting accomplices in an unprecedented assault on our environment." There are individuals inside this company who deserve criminal prosecution, but apparently most of the thousands of other employees did not know what was going on.

The corporate response has been interesting, and seems to vary sharply from how most U.S. auto firms have dealt with similar lawsuits and scandals in the past. VW did not drag out the battle, but set aside $16 billion immediately as a loss, and then settled rather generously with us. (This spring they had already given us a $500 gift card and $500 in repairs in what was essentially hush money.)

VW’s response to this crisis was creative, forward-looking, and ultimately pro-social. Just a week or so ago they announced that their new business model was to be in electrics: They announced they’d be rolling out 31 electric vehicles in the coming years. This is a remarkable turn for a company that pushed diesels for decades as the solution to climate change. This is what it looks like when a massive corporation whose reputation was built on trust and belief in the integrity of a brand seeks to battle its way back into a changing market.

Spending billions on charging stations and replacing diesel buses may make immediate sense—can we say if this is helping avoid premature deaths or it is merely crass self-interest? Does it matter? 

Of course it does. But my first impression of what VW did this week was of a fair deal that was not just lining my pocket. It was helping us get off fossil fuels as a society and benefiting human health and the environment in a substantial way. And by rebuilding a major employer in Germany, the U.S., and around the world into one that might be a part of the solution to climate change, this is a significant and fairly brilliant business move to position the company for the next half century.

Or am I merely a sucker for my old flame?

The African Union (AU) will hold its 27th Heads of State Assembly in Kigali from July 17-18, 2016, as part of its ongoing annual meetings, during which time it will elect individuals to lead the AU Commission for the next four years. Given the fierce battle for the chairperson position in 2012; and  as the AU has increasingly been called upon to assume more responsibility for various issues that affect the continent—from the Ebola pandemic that ravaged West Africa in 2013-14 to civil wars in several countries, including Libya, Central African Republic, and South Sudan, both the AU Commission and its leadership have become very important and extremely prestigious actors. The upcoming elections are not symbolic: They are about choosing trusted and competent leaders to guide the continent in good times and bad.

The African Union (AU) [1] came into being on July 9, 2002 and was established to replace the Organization of African Unity (OAU). The AU’s highest decisionmaking body is the Assembly of the African Union, which consists of all the heads of state and government of the member states of the AU. The chairperson of the assembly is the ceremonial head of the AU and is elected by the Assembly of Heads of State to serve a one-year term. This assembly is currently chaired by President Idriss Déby of Chad.

The AU’s secretariat is called the African Union Commission [2] and is based in Addis Ababa. The chairperson of the AU Commission is the chief executive officer, the AU’s legal representative, and the accounting officer of the commission. The chairperson is directly responsible to the AU’s Executive Council. The current chairperson of the AU Commission is Dr. Nkosazana Dlamini Zuma of South Africa and is assisted by a deputy chairperson, who currently is Erastus Mwencha of Kenya.

Dr. Zuma has decided not to seek a second term in office and, hence, this position is open for contest. The position of deputy chairperson will also become vacant, since Mwencha is not eligible to serve in the new commission.

Notably, the position of chairperson of the AU Commission does not only bring prestige and continental recognition to the person that is elected to serve but also to the country and region from which that person hails. Already, the Southern African Development Community (SADC), Dr. Zuma’s region, is arguing that it is entitled to another term since she has decided not to stand for a second. Other regions, such as eastern and central Africa, have already identified their nominees. It is also rumored that some regions have already initiated diplomatic efforts to gather votes for their preferred candidates.

In April 2016, SADC chose Botswana’s minister of foreign affairs, Dr. Pelonomi Venson-Moitoi, as its preferred candidate. Nevertheless, experts believe that even if South Africa flexes its muscles to support Venson-Moitoi’s candidacy (which it is most likely to do), it is not likely to succeed this time because Botswana has not always supported the AU on critical issues, such as the International Criminal Court, and hence, does not have the goodwill necessary to garner the support for its candidate among the various heads of state.

Venson-Moitoi is expected to face two other candidates—Dr. Specioza Naigaga Wandira Kazibwe of Uganda (representing east Africa) and Agapito Mba Mokuy of Equatorial Guinea (representing central Africa). Although Mokuy is relatively unknown, his candidacy could be buoyed by the argument that a Spanish-speaking national has never held the chairperson position, as well as the fact that, despite its relatively small size, Equatorial Guinea—and its president, Teodoro Obiang Nguema—has given significant assistance to the AU over the years. Obiang Nguema’s many financial and in-kind contributions to the AU could endear his country and its candidate to the other members of the AU.

In fact, during his long tenure as president of Equatorial Guinea, Obiang Nguema has shown significant interest in the AU, has attended all assemblies, and has made major contributions to the organization. In addition to the fact that Equatorial Guinea hosted AU summits in 2011 and 2014, Obiang Nguema served as AU chairperson in 2011. Thus, a Mokuy candidacy for the chairperson of the AU Commission could find favor among those who believe it would give voice to small and often marginalized countries, as well as members of the continent’s Spanish-speaking community. Finally, the opinion held by South Africa, one of the continent’s most important and influential countries, on several issues (from the political situation in Burundi to the International Criminal Court and its relations with Africa) appears closer to that of Equatorial Guinea’s than Botswana’s.

Of course, both Venson-Moitoi and Kazibwe are seasoned civil servants with international and administrative experience and have the potential to function as an effective chairperson. However, the need to give voice within the AU to the continent’s historically marginalized regions could push Mokuy’s candidacy to the top.

Nevertheless, supporters of a Mokuy candidacy may be worried that accusations of corruption and repression labeled on Equatorial Guinea by the international community could negatively affect how their candidate is perceived by voters.

Also important to voters is their relationship with former colonial powers. In fact, during the last election, one argument that helped defeat then-Chairperson Jean Ping was that both he and his (Gabonese) government were too pro-France. This issue may not be a factor in the 2016 elections, though: Equatorial Guinea, Uganda, and Botswana are not considered to be extremely close to their former colonizers.

Finally, gender and regional representation should be important considerations for the voters who will be called upon to choose a chairperson for the AU Commission. Both Venson-Moitoi and Kazibwe are women, and the election of either of them would continue to support diversity within African leadership. Then again, Mr. Mokuy’s election would enhance regional and small-state representation.

Also open for contest are the portfolios of Peace and Security, Political Affairs, Infrastructure and Energy, Rural Economy and Agriculture, Human Resources, and Science and Technology. Many countries are vying for these positions on the commission in an effort to ensure that their status within the AU is not marginalized. For example, Nigeria and Algeria, both of which are major regional leaders, are competing to capture the position of commissioner of Peace and Security. Algeria is keen to keep this position: It has held this post over the last decade, and, if it loses this position, it would not have any representation on the next commission—significantly diminishing the country’s influence in the AU.

Nigeria’s decision to contest the position of commissioner of Peace and Security is based on the decision by the administration of President Muhammadu Buhari to give up the leadership of Political Affairs. Historically, Nigeria has been unwilling to compete openly against regional powers for leadership positions in the continent’s peace and security area. Buhari’s decision to contest the portfolio of Peace and Security is very risky, since a loss to Algeria and the other contesting countries will leave Nigeria without a position on the commission and would be quite humiliating to the president and his administration.

Since the AU came into being in 2002, there has been an unwritten rule that regional powers (e.g., Algeria, Kenya, Nigeria, South Africa) should not lead or occupy key positions in the AU’s major institutions. Thus, when Dr. Zuma was elected in 2012, South Africa was severely criticized, especially by some smaller African countries, for breaking that rule. The hope, especially of the non-regional leaders, is that the 2016 election will represent a return to the status quo ante since most of the candidates for the chairperson position hail from small- and medium-sized countries.

While professional skills and international experience are critical for an individual to serve on the commission, the AU is quite concerned about the geographical distribution of leadership positions, as well as the representation of women on the commission, as noted above. In fact, the commission’s statutes mandate that each region present two candidates (one female and the other male) for every portfolio. Article 6(3) of the commission’s statutes states that “[a]t least one Commissioner from each region shall be a woman.” Unfortunately, women currently make up only a very small proportion of those contesting positions in the next commission. Thus, participants must keep in mind the need to create a commission that reflects the continent’s diversity, especially in terms of gender and geography.

Individuals that have served in government and/or worked for an international organization dominate leadership positions in the commission. Unfortunately, individuals representing civil society organizations are poorly represented on the nominee lists; unsurprisingly, given the fact that the selection process is controlled by civil servants from states and regional organizations. Although this approach to the staffing of the commission guarantees the selection of skilled and experienced administrators, it could burden the commission with the types of bureaucratic problems that are common throughout the civil services of the African countries, notably, rigidity, tunnel vision, and the inability, or unwillingness to undertake bold and progressive initiatives.

The AU currently faces many challenges, some of which require urgent and immediate action and others, which can only be resolved through long-term planning. For example, the fight against terrorism and violent extremism, and securing the peace in South Sudan, Burundi, Libya, and other states and regions consumed by violent ethno-cultural conflict require urgent and immediate action from the AU. Issues requiring long-term planning by the AU include helping African countries improve their governance systems, strengthening the African Court of Justice and Human Rights, facilitating economic integration, effectively addressing issues of extreme poverty and inequality in the distribution of income and wealth, responding effectively and fully to pandemics, and working towards the equitable allocation of water, especially in urban areas.

Finally, there is the AU’s dependence on foreign aid for its financing. When Dr. Dlamini Zuma took over as chairperson of the AU Commission in 2012, she was quite surprised by the extent to which the AU depends on budget subventions from international donors and feared that such dependence could interfere with the organization’s operations. The AU budget for 2016 is $416,867,326, of which $169,833,340 (40 percent) is assessed on Member States and $247,033,986 (59 percent) is to be secured from international partners.  The main foreign donors are the United States, Canada, China, and the European Union.

Within Africa, South Africa, Angola, Nigeria, and Algeria are the best paying rich countries. Other relatively rich countries, Egypt, Libya, Sudan, and Cameroon, are struggling to pay. Libya’s civil war and its inability to form a permanent government is interfering with its ability to meet its financial obligations, even to its citizens. Nevertheless, it is hoped that South Africa, Nigeria, Angola, Egypt, and Libya, the continent’s richest countries, are expected to eventually meet as much as 60% of the AU’s budget and help reduce the organization’s continued dependence on international donors. While these major continental and international donors are not expected to have significant influence on the elections for leadership positions on the AU Commission, they are likely to remain a determining factor on the types of programs that the AU can undertake.

Dealing fully and effectively with the multifarious issues that plague the continent requires AU Commission leadership that is not only well-educated and skilled, but that has the foresight to help the continent develop into an effective competitor in the global market and a full participant in international affairs. In addition to helping the continent secure the peace and provide the enabling environment for economic growth and the creation of wealth, this crop of leaders should provide the continent with the leadership necessary to help states develop and adopt institutional arrangements and governing systems that guarantee the rule of law, promote the protection of human rights, and advance inclusive economic growth and development.

[1] The AU consists of all the countries on the continent and in the United Nations, except the Kingdom of Morocco, which left the AU after the latter recognized the Sahrawi Arab Democratic Republic (Western Sahara). Morocco claims that the Western Sahara is part of its territory.

[2] The AU Commission is made up of a number of commissioners who deal with various policy areas, including peace and security, political affairs, infrastructure and energy, social affairs, trade and industry, rural economy and agriculture, human resources, science and technology, and economic affairs. According to Article 3 of its Statutes, the Commission is empowered to “represent the Union and defend its interests under the guidance of and as mandated by the Assembly and Executive Council.”