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Energy policy from Nixon to Clinton: from grand provider to market facilitator.

I. A Brief History of U.S. Energy Policy

A. 1973 to 1980

While the federal role in energy policy has been significant for decades - the Teapot Dome scandal Teapot Dome scandal

Secret leasing of U.S. government land to private interests. In 1922 oil reserves at Teapot Dome, Wyo., and Elk Hills, Calif., were improperly leased to private oil companies by Secretary of the Interior Albert Fall, who accepted cash gifts and
 dates to 1922 and the Atomic Energy Act The Atomic Energy Act may refer to a number of different laws around the world, usually meant to govern nuclear power and/or nuclear weapons production.

In the United States, there are two federal laws known by the name:
(1) passed in 1946-for most purposes the modem era in federal energy policy began on October 17, 1973. On that date the Organization of On Producing and Exporting Countries (OPEC OPEC: see Organization of Petroleum Exporting Countries.
 in full Organization of the Petroleum Exporting Countries

Multinational organization established in 1960 to coordinate the petroleum production and export policies of its
) announced its embargo of oil exports to countries supporting Israel in the Yom Kippur War Yom Kippur War: see Arab-Israeli Wars. . Although the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area.  imported only thirty percent of its oil and the embargo applied to only thirty percent of that, "[t]he American reaction approached panic."(2)

Congress and three successive administrations responded over the following five years with an extensive set of laws and regulations based on the expectation that the solution lay in strong intervention by the federal government. President Richard Nixon created the Federal Energy Office(3) and appointed an "energy czar"(4) with the power to allocate oil supplies.(5) Nixon also requested the preparation of a plan, known as "Project Independence," to make the United States independent of imported oil by 1985.(6)

The entitlements program was perhaps the largest and, according to according to
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

 some experts, "the most misguided intervention" during this period.(7) Under this program, higher cost imported oil was effectively subsidized by price-controlled domestic on, resulting in an average price below the world-market level. The perverse result was to subsidize imports, discourage domestic production, and encourage foreign production - exactly the opposite of the desired outcome.

Nixon's belief in the ability of government to mandate new technology was also evident in his environmental policy. In a 1970 message to Congress, Nixon announced a five-year collaboration with industry to produce an unconventionally powered, virtually pollution-free automobile within five years.(8)

The idea of independence from imported oil proved unrealistic and was quickly dropped by President Gerald Ford. However, several major energy laws were passed under his Administration, including the creation of the Strategic Petroleum Reserve
This article refers to the United States Strategic Petroleum Reserve. For other countries see global strategic petroleum reserves

The Strategic Petroleum Reserve
 (SPR spr Spring
SPR Strategic Petroleum Reserve
SPR Surface Plasmon Resonance
SPR Suomen Punainen Risti
SpR Specialist Registrar (UK doctor who supports a consultant)
SPR Society for Psychical Research
SPR Stop Prisoner Rape
)(9) and minimum efficiency regulations for automobiles(10) and appliances.(11) At the behest of Secretary of State Henry Kissinger, Ford also initiated several efforts aimed at fostering international cooperation among consumers, including the creation of the International Energy Agency (IEA IEA International Energy Agency
IEA International Environmental Agreements
IEA International Association for the Evaluation of Educational Achievement
IEA Institute of Economic Affairs
IEA Inferred from Electronic Annotation
IEA International Ergonomics Association
) to promote oil production and alternative energy sources.(12) The enormous political resistance to taxing energy also surfaced during this period when John Sawhill, head of the Federal Energy Administration, was forced to resign following backlash to his support for a five-cent-per-gallon gasoline tax Noun 1. gasoline tax - a tax on every gallon of gasoline sold
excise, excise tax - a tax that is measured by the amount of business done (not on property or income from real estate)

President Jimmy Carter included a strong national energy program among his priorities, and at his urging Congress passed five laws that together made up the National Energy Act of 1978.(13) The emphasis on national planning and a strong central authority continued; the Department of Energy (DOE) was formally created as a cabinet agency in 1977,(14) and Carter established a goal of twenty percent solar energy solar energy, any form of energy radiated by the sun, including light, radio waves, and X rays, although the term usually refers to the visible light of the sun.  by the year 2000.(15) Other measures sought to pressure utilities and industry to switch from oil and gas to more plentiful and domestically available Coal.(16) The National Energy Conservation Policy Act The National Energy Conservation Policy Act of 1978 (NECPA, Pub.L. 95-619, 92 Stat. 3206, ) is a United States statute which was enacted as part of the National Energy Act. (17) accelerated and extended the application of efficiency standards.

Several laws adopted in 1978 reflected the emerging influence of market ideology. The Public Utility Regulatory Policies Act The Public Utility Regulatory Policies Act (or PURPA) was a law passed in 1978 by the United States Congress as part of the National Energy Act. It was meant to promote greater use of renewable energy.  (PURPA PURPA Public Utility Regulatory Policy Act of 1978 )(18) partially deregulated the business of generating electricity by allowing anyone the right to generate electricity for sale to the local utility at legally protected rates. The "Gas Guzzler Tax Gas Guzzler Tax

An additional tax on the sale of vehicles that have poor fuel economy.

A vehicle is subject to a tax if it gets less than a certain number of miles per gallon.
"(19) imposed economic penalties as a disincentive dis·in·cen·tive  
Something that prevents or discourages action; a deterrent.


something that discourages someone from behaving or acting in a particular way

Noun 1.
 to the purchase of inefficient cars;(20) it conveniently applied disproportionately to foreign imports.(21)

Carter also initially proposed to speed deregulation Deregulation

The reduction or elimination of government power in a particular industry, usually enacted to create more competition within the industry.

Traditional areas that have been deregulated are the telephone and airline industries.
 of natural gas in reaction to shortages that surfaced in the winter of 1976-1977, but he was only partially successful.(22) The Natural Gas Policy Act(23) created twenty different gas categories, reflecting alleged differences in production costs such as location, well distances and depths, volumes produced, and so forth. In order to create incentives for production, categories thought to be high cost were to be deregulated first.(24)

Energy issues again covered the front page when the Ayatollah Khomeini Noun 1. Ayatollah Khomeini - Iranian religious leader of the Shiites; when Shah Pahlavi's regime fell Khomeini established a new constitution giving himself supreme powers (1900-1989)
Ayatollah Ruholla Khomeini, Khomeini, Ruholla Khomeini
 took control of the government in 1979, resulting in another sudden reduction in oil imports and an attendant doubling of oil prices.(25) President Carter's response primarily sought to enlarge the role of government although he also called for decontrolling the price of oil to allow the operation of market forces.(26) However, he also proposed regulations for temperature settings in buildings,(27) a "windfall profits" tax on the oil industry,(28) a quasi-public Synthetic Fuels Corporation The Synthetic Fuels Corporation was a U.S. government-funded corporation established in 1980 by the Synthetic Fuels Corporation Act to create a market for alternatives to imported fossil fuels (such as coal gasification). The corporation was abolished in 1985.  with billions of dollars to invest in technology to produce oil substitutes,(29) and an "Energy Mobilization Board" to cut through red tape that might stand in the way of energy projects.(30) All but the last were enacted in some form.

In summary, this period of U.S. energy policy was marked by a willingness to set ambitious national goals, a belief in the ability of the national government to achieve them through centralized cen·tral·ize  
v. cen·tral·ized, cen·tral·iz·ing, cen·tral·iz·es
1. To draw into or toward a center; consolidate.

 agencies, and the commitment of large resources to underwrite the development of new technology. This approach was unfavorably compared with the political and social response to the Soviet launching of Sputnik Sputnik: see satellite, artificial; space exploration.

Any of a series of Earth-orbiting spacecraft whose launching by the Soviet Union inaugurated the space age.
 in 1957, which similarly resulted in a massive federal program under the National Aeronautics and Space Administration National Aeronautics and Space Administration (NASA), civilian agency of the U.S. federal government with the mission of conducting research and developing operational programs in the areas of space exploration, artificial satellites (see satellite, artificial),  (NASA NASA: see National Aeronautics and Space Administration.
 in full National Aeronautics and Space Administration

Independent U.S.
), culminating in the successful landing of a human on the moon twelve year later.(31) The technical challenge for energy policy was arguably ar·gu·a·ble  
1. Open to argument: an arguable question, still unresolved.

2. That can be argued plausibly; defensible in argument: three arguable points of law.
 no greater than any faced by NASA, but the politics were certainly much more challenging due to the regional and class disparities associated with almost any policy choice. Unlike Japan and most European countries, which were able to absorb market disruptions with less long-term impact,(32) the interests of the United States as a whole were complicated by individual states with greater interests in the benefits of production and increased consumption.(33)

B. 1981 to 1992

The election of President Ronald Reagan marked a dramatic change in approach to energy policy. Reagan cared for the abolition of DOE and saw little need for an energy policy beyond the SPR and a strong military presence in the Middle East.(34) Ms budget director, David Stockman David Alan Stockman (born November 10 1946) is a former U.S. politician and businessman, serving as a Republican U.S. Representative from the state of Michigan (1977–1981) and as the Director of the Office of Management and Budget (1981–1985). , expressed the Reagan philosophy as "strategic reserves and strategic forces."(35) However, the House of Representatives, which retained a Democratic majority, refused to go along with most of Reagan's proposals other than the accelerated decontrol de·con·trol  
tr.v. de·con·trolled, de·con·trol·ling, de·con·trols
To stop control of, especially by the government: decontrolled oil and natural-gas prices.
 of of oil and gas.(36) The Synthetic Fuels Corporation also came to a rather ignominious ig·no·min·i·ous  
1. Marked by shame or disgrace: "It was an ignominious end ... as a desperate mutiny by a handful of soldiers blossomed into full-scale revolt" Angus Deming.
 end, and tax incentives for renewable energy Renewable energy utilizes natural resources such as sunlight, wind, tides and geothermal heat, which are naturally replenished. Renewable energy technologies range from solar power, wind power, and hydroelectricity to biomass and biofuels for transportation.  and energy conservation were allowed to expire.(37) The conflict between energy and environmental goals also became increasingly controversial. Reagan supported increased oil production in coastal areas, including large tracts in Alaska, but he was largely defeated by environmentalists.(38)

President Reagan was more successful in promoting the deregulation of natural gas through administrative means.(39) The Federal Energy Regulatory Commission The Federal Energy Regulatory Commission (FERC) is the United States federal agency with jurisdiction over electricity sales, wholesale electric rates, hydroelectric licensing, natural gas pricing, and oil pipeline rates.  (FERC FERC Federal Energy Regulatory Commission
FERC FEMA Emergency Response Capability
) used its authority to regulate "in the public interest" to accelerate the transition to an open market for gas.(40) After several years of litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 and the political margin afforded by falling prices, FERC's efforts were largely endorsed by the Wellhead well·head  
1. The source of a well or stream.

2. A principal source; a fountainhead.

3. The structure built over a well.


 Decontrol Act of 1989.(41) The end result was a system in which gas pipelines became regulated monopolies required to provide service as "common carriers." Despite this legislative effort, gas prices were largely the result of market factors.(42)

President George Bush had previously made his fortune in the off industry and he continued to emphasize "market reliance."(43) However, unlike Reagan, he was forced to experience the costs of relying on strategic forces in the war against Iraq in early 1991. His approach was less ideological, as reflected in the National Energy Strategy(44) issued during his tenure:

No single policy tool can substantially increase America's energy security. The basic vulnerability involves oil, but reducing this vulnerability requires a broad array of actions: maintaining adequate strategic reserves; increasing the efficiency of our entire fleet of cars, trucks, trains, planes, and buses; increasing U.S. petroleum production in an environmentally sensitive manner, further deregulation of the natural gas industry; and using alternative transportation fuels.(45)

In response to the war, Congress again considered an aggressive energy program and this time responded with the Comprehensive National Energy Policy Act of 1992.(46) However, this is in many ways most interesting for what was not included. Despite strong pressure to limit oil imports, the two measures most directly responsive to this need - increased Alaskan oil exploration and more stringent auto efficiency standards - were both defeated.(47) The legislation reflected the political tensions and interest group pressures that increasingly limited the federal role in energy policy. The Act's most significant provisions addressed constraints on the evolving role for competition in the generation and sale of electricity, which had gradually taken off in response to PURPA. The legislation also included measures to promote the use of alternative fuels by vehicle fleets and a significant production tax credit (1.5 cents per kilowatt hour Kil´o`watt` hour

1. (Elec.) A unit of work or energy equal to that done by one kilowatt acting for one hour; - approximately equal to 1.34 horse-power hour.

Noun 1.
) for wind and specified biomass systems.(48)

II. Energy Policy Under the Clinton Administration Noun 1. Clinton administration - the executive under President Clinton
executive - persons who administer the law

Energy policy has not been a high priority under the Clinton Administration in his first two years. Secretary of Energy Hazel R. O'Leary Hazel Rollins O'Leary (born May 17, 1937) was the seventh United States Secretary of Energy from 1993 to 1997. She was the first woman and first African American to hold the positon. She is to date the only woman and only African American to serve as Secretary of Energy.  has received favorable attention primarily for matters largely unrelated to energy issues.(49) Research priorities were dramatically shifted such that conservation and renewable energy received dramatic budget increases.(50)

President Clinton has experienced mixed results in his attempts to link energy policy with other issues. The most notable example was his proposed "BTU Btu: see British thermal unit.  tax," which would have raised revenue and encouraged energy conservation.(51) However, although the proposed tax was modest and the Administration agreed to adjustments to protect energy-intensive industries, the tax generated so much opposition that it was dropped before coming to a vote.(52)

DOE's Domestic Natural Gas and Oil Initiative, released in December 1993, lists forty-nine specific measures, none of which reflected any dramatic change in the direction or approach of energy policy.(53) Most involved modest support for specific technologies,(54) new studies,(55) or collaborations with states or the oil and gas industry.(56)

The Administration has an opportunity to announce new energy policy initiatives in its National Energy Policy Plan, which is required by the end of 1995.(57) As input for the plan, eight regional meetings were held on different topics between September and December of 1994. The topics indicate a recognition of the linkage between energy, the environment, and economic growth.(58) Several sessions included discussion questions about the sustainability of consumption and production.(59) However, the change in control of Congress and renewed questions about the need for many energy programs as well as an energy department may limit the interest in proposing new initiatives.

Clinton included several energy-related proposals as part of his Climate Action Plan and technology initiatives. In September 1993, the President announced a "Clean Car Initiative" in partnership with the "Big Three" automakers, proposing to develop a prototype automobile within ten years that would triple fuel efficiency while also meeting comfort, safety, arid performance goals.(60)

The Climate Change Action Plan CCAP CCAP Center for Clean Air Policy
CCAP Cahier des Clauses Administratives Particulières
CCAP Child Care Assistance Program
CCAP Climate Change Action Plan
CCAP Culture Collection of Algae and Protozoa
CCAP Church of Central Africa Presbyterian
),(61) released in October 1993, was prepared to achieve the objectives of the 1992 Framework Convention on Climate Change,(62) which set as initial goal that industrialized in·dus·tri·al·ize  
v. in·dus·tri·al·ized, in·dus·tri·al·iz·ing, in·dus·tri·al·iz·es
1. To develop industry in (a country or society, for example).

 countries reduce their emissions of greenhouse gases by 2000 to the same level as that of 1990.(63) Since two-thirds or more of greenhouse gases are directly or indirectly associated with fossil fuel fossil fuel: see energy, sources of; fuel.
fossil fuel

Any of a class of materials of biologic origin occurring within the Earth's crust that can be used as a source of energy. Fossil fuels include coal, petroleum, and natural gas.
 combustion,(64) any climate plan must inevitably fall heavily on the energy sector. Notably, the CCAP includes no new regulatory measures but instead relies on voluntary programs and incentives. For example, the Climate Challenge program promotes voluntary commitments by utilities to reduce their emissions of greenhouse gases.(65) Another program, referred to as Golden Carrot partnerships, seeks to create financial incentives for more efficient appliances by combining resources from a variety of mostly private sources.(66) This approach was successfully applied to create a $30 million incentive for the production of a super-efficient refrigerator that operates without ozone-depleting chlorofluorocarbons chlorofluorocarbons (klōr'əflr`əkär'bənz, klôr'–) (CFCs), organic compounds that contain carbon, chlorine, and fluorine atoms. .(67) Other provisions assure that the net effect of the CCAP on the federal budget is positive, despite the absence of new taxes. The parking cash-out proposal would increase revenue by allowing employees the option of receiving the cash value of employer-provided parking as taxable income Under the federal tax law, gross income reduced by adjustments and allowable deductions. It is the income against which tax rates are applied to compute an individual or entity's tax liability. The essence of taxable income is the accrual of some gain, profit, or benefit to a taxpayer. , providing an incentive for alternatives to driving.(68)

Although primarily a state initiative, another important direction for energy policy is the trend toward electricity deregulation. Several states have begun serious consideration of policies that could make electricity services much more competitive, similar to the way that changes in law and technology combined to create competitive markets for long-distance telephone services and airlines.(69)

III. What Have We Learned?

By some measures, U.S. energy problems have changed very little since 1973. Dependence on oil exports, the prime concern of President Nixon, has increased from thirty-five percent of consumption in 1973 to approximately fifty percent in 1994.(70) Despite an enormous amount of exploration and drilling, domestic production peaked at nine million barrels per day Barrels per day (abbreviated BPD, bbl/d, bpd, bd or b/d) is a measurement used to describe the amount of crude oil (measured in barrels) produced or consumed by an entity in one day.  in 1985 and dropped to about seven million in 1993. Oil imports, therefore, have increased and will continue to do so, perhaps to as much as seventy percent of consumption within a decade.(71) The percentage of imports from Arab OPEC countries has roughly doubled over the same period, but the total role of OPEC in the world oil market has slightly declined due to increased production in the North Sea, Alaska, and other regions.(72) However, OPEC still controls a high proportion of total oil reserves Oil reserves refer to portions of oil in place that are claimed to be recoverable under economic constraints.

Oil in the ground is not a "reserve" unless it is claimed to be economically recoverable, since as the oil is extracted, the cost of recovery increases incrementally
 - more than seventy-five percent of proven reserves.(73) One measure of the economic impact of oil imports is its negative influence on the U.S. trade balance, constituting more than sixty percent of the U.S. trade deficit over the last twenty years TWENTY YEARS. The lapse of twenty years raises a presumption of certain facts, and after such a time, the party against whom the presumption has been raised, will be required to prove a negative to establish his rights.
.(74) Between 1980 and 1992, the U.S. paid $742 billion (1987 dollars) to other countries for oil, versus $498 billion for imported automobiles.(75)

United States oil United States Oil (Ticker USO) is an exchange-traded fund (ETF) that tracks various oil investments.  consumption is closely connected to a love affair with the automobile. Despite the successful doubling of new car fuel economy mandated by the corporate average fuel economy (CAFE) standards, motor vehicle fuel use has increased more than forty percent since 1970 due to increases in car ownership and miles traveled.(76) Oil use by other sectors of the economy has steadily declined - by over fifty percent since 1973 in the case of electric utilities - but increased use by motor vehicles has caused total oil consumption to remain about the same.(77) Transportation now accounts for over two-thirds of U.S. oil consumption, a troubling fact from the standpoint of national security because vehicles are largely incapable of fuel switching during an emergency.(78) Between 1970 and 1990, the number of cars on the road increased by more than 75 percent to 189 million; population increased only 23 percent during the same period.(79)

The low price of gasoline is clearly the greatest barrier to decreasing private consumers' oil use. U.S. prices are one-quarter to one-half those of many industrialized countries, where off is heavily taxed and its use is correspondingly less.(80) Adjusted for inflation, current oil prices are not much higher than at any time in the past forty years.(81) In fact, "[i]n 1989, gasoline was cheaper than almost any other liquid, including bottled water."(82) With automobiles generally achieving greater fuel economy, the cost of gasoline is a small factor in consumers' decisions to drive.

President Clinton's Clean Car Initiative arguably reflects the continuing search for a technological solution not too dissimilar from that proposed by President Nixon. The strategy most often proposed by economists - energy taxes - remains politically unacceptable despite its broad acceptance in most industrialized nations. The importance of lifestyle choices and how they might be influenced remains largely outside policy debates, despite evidence indicating that one-half or more of total energy consumption in industrialized countries is a function of consumer choices that are not directly related to providing food, clothing, and shelter.(83) But, in other respects, much has changed.

One important change has been the decline in the energy intensity of industrialized economies.(84) Although prior to 1973 it was typically thought that energy and the Gross National Product (GNP GNP

See: Gross National Product
) were closely connected, this link has since disappeared.(85) During the period from 1973 to 1993, GNP increased over fifty percent in the United States but energy consumption increased only thirteen percent.(86) This trend occurred even during the 1980s when energy prices were falling and public interest in energy issues was virtually nonexistent non·ex·is·tence  
1. The condition of not existing.

2. Something that does not exist.

.(87) The factors responsible for the decline in energy intensity are complex. They include materials substitution (less steel and more plastics in cars), rapid growth in less energy-intensive services relative to manufacturing, and improvements in technology (such as the replacement of incandescent in·can·des·cent  
1. Emitting visible light as a result of being heated.

2. Shining brilliantly; very bright. See Synonyms at bright.

 light bulbs with compact fluorescent ones).(88) The likelihood that this trend will continue or even accelerate is of great importance for public policy, because it bears directly on the cost of measures to reduce oil consumption and pollution.(89)

Another change is in the composition of the global demand for energy. Increasingly, the global demand for energy is being shaped by developing countries. Whereas energy use in countries belonging to the Organization for Economic Cooperation and Development Organization for Economic Cooperation and Development (OECD), international organization that came into being in 1961. It superseded the Organization for European Economic Cooperation, which had been founded in 1948 to coordinate the Marshall Plan for European  increases slightly more than one percent a year, energy demand in developing countries increases about four-and-one-half percent per year.(90) Oil demand in Asia has grown more than fifty percent since 1985.(91) Thus, the price of oil, and effectively the country's energy future, is less and less within U.S. control.

For similar reasons, any effective effort to address the buildup of greenhouse gas emissions must deal with the need to provide energy in the largest developing nations. The expected growth in emissions in China, India, Indonesia, and Brazil could easily offset efforts by the U.S. and other industrialized nations.(92) This problem is not amenable to a military solution but must be fought at the negotiating table.(93)

Another major change has been the switch to market-based approaches as a substitute for more prescriptive regulatory mandates. This is evident in numerous spheres, including the "market transforming" strategies emphasized in CCAP;(94) the system of competitive bidding Competitive bidding

A securities offering process in which securities firms submit competing bids to the issuer for the securities the issuer wishes to sell.

competitive bidding

 for new power plants that has evolved in response to PURPA;(95) the emissions trading Emissions trading (or cap and trade) is an administrative approach used to control pollution by providing economic incentives for achieving reductions in the emissions of pollutants.  system central to the acid rain program for coal burning power plants incorporated in the Clean Air Act Amendments of 1990;(96) and the concept of "joint implementation Joint implementation (JI) is an arrangement under the Kyoto Protocol allowing industrialised countries with a greenhouse gas reduction commitment (so-called Annex 1 countries) to invest in emission reducing projects in another industrialised country as an alternative to ," a variant of emissions trading included in the Framework Convention on Climate Change.(97) All of these programs provide regulated industry with greater latitude in choosing means to achieve energy and environmental goals, while creating incentives for technological innovation.

A related development is the evolution of partnerships between utilities and other industries and environmentalists that allow for mutually beneficial Adj. 1. mutually beneficial - mutually dependent
interdependent, mutualist

dependent - relying on or requiring a person or thing for support, supply, or what is needed; "dependent children"; "dependent on moisture"
 outcomes, as opposed to litigation and regulatory confrontations with winners and losers.(98) This illustrated by the structure of utility conservation programs negotiated with the support of environmental groups that allow utilities to share in the savings and recoup revenues lost due to sales reduction.(99) Consumers benefit from cost-effective efficiency improvements while utilities are allowed to increase their profits.(100) Another example of collaboration is the negotiated of appliance efficiency standards, which were originally contested by industry.(101) The standard levels were successfully negotiated by industry and environmentalits.(102) The Clinton Administration attempted to promote this trend in the transportation sector by formally chartering a federal advisory committee with representatives from a wide range of interest groups for the purpose of identifying acceptable policies for improving automobile efficiency.(103)

Another major development is the steady improvement in a variety of small-scale renewable energy technologies, some of which are now competitive with fossil fuels in certain applications.(104) Wind turbines are now being introduced in states with favorable wind conditions, and they compete with new coal-fired power plants.(105) This was accomplished with only about $70 million in federal subsidies and without any radical technological breakthroughs.(106) A similar and potentially even more significant cost reduction is occurring with photovoltaic cells, which convert sunlight into electricity. This technology was initially developed for the space program, but accumulated production experience has allowed steady cost reductions.(107) Further cost reductions now hold the promise of technology competitiveness in many regions, such that every home could generate a substantial part of its electrical needs, and rural villages in developing countries could electrify e·lec·tri·fy  
tr.v. e·lec·tri·fied, e·lec·tri·fy·ing, e·lec·tri·fies
1. To produce electric charge on or in (a conductor).

 without costly grid extensions.(108)

An important chracteristic of these technologies is that increasing production results in declining costs up to the point at which the technology becomes mature - witness the stunning decline in the cost of computers over the past decade.(109) This is opposite to what occurs with natural resources, which rise in price as the lowest cost sources are exhausted. The emerging substitution of technology for fossil fuels may be the most important and least noticed development in energy policy since 1973.(110)

A final major change over the last decade is the growing intersection of energy and environmental policy. Although there are still surprisingly few formal bureaucratic bu·reau·crat  
1. An official of a bureaucracy.

2. An official who is rigidly devoted to the details of administrative procedure.

 connections between the Environmental Protection Agency Environmental Protection Agency (EPA), independent agency of the U.S. government, with headquarters in Washington, D.C. It was established in 1970 to reduce and control air and water pollution, noise pollution, and radiation and to ensure the safe handling and  (EPA EPA eicosapentaenoic acid.

eicosapentaenoic acid

EPA, See acid, eicosapentaenoic.

) and DOE (each has its own "voluntary" program for greenhouse gas emission reductions),(111) they are increasingly involved in overlapping issues such as acid rain(112) and global warming global warming, the gradual increase of the temperature of the earth's lower atmosphere as a result of the increase in greenhouse gases since the Industrial Revolution. .(113) EPA's interest in pollution prevention has led to programs that include energy conservation and renewable energy as substitutes for fossil fuels.(114) For example, EPA developed the Green Lights program, which encourages companies to upgrade their lighting with more energy efficient technology, as a pollution prevention program.(115) In turn, DOE increasingly justifies its programs on the basis of environmental benefits under the banner of "sustainable development Sustainable development is a socio-ecological process characterized by the fulfilment of human needs while maintaining the quality of the natural environment indefinitely. The linkage between environment and development was globally recognized in 1980, when the International Union ."(116)

IV. Conclusion

The issues facing DOE today are in some ways not much different from those of twenty years ago: identifying acceptable policy responses to increasing oil imports with limited technological options and numerous environmental constraints. The preferred policy options have evolved over that period in ways that mirror changing public attitudes toward large federal programs with ambitious goals. Such policies have gradually given way to a preference for more market-based approaches with less governmental direction.

The greatest change in the nature of the energy policy challenge since 1973 has arguably been the increasing influence of development by other nations and the concomitant loss of ability to control this country's destiny. The price of oil and buildup of greenhouse gases will be determined by the decisions of many nations that the U.S. has only a limited ability to influence.

Another critical constraint that has emerged in thinking about the future of the global energy system is time. The next two to three decades will put in place the basic infrastructure for much of the world's population; for example, eighty percent of the industrial capacity expected in Indonesia by the year 2010 has yet to be installed.(117) The consequences of short-term decisions are most evident with respect to the transportation sector; once in place, roads and urban development patterns are major determinants of energy consumption and are exceedingly difficult to transform.(118)

A difficulty lies in the long lags between the development of technology and its widespread dissemination. The technologies being developed today may not be commercially introduced for a decade.(119) Once introduced, it may be several decades before they achieve significant impact. Once in place, they may continue to be used for decades to come. Thus, there exists a surprisingly brief opportunity to influence the basic energy choices that will dominate the next century.(120)

The modest energy policy initiatives so far introduced by the Clinton Administration do not reflect any urgency about the implications of energy choices by developing nations.(121) However, the technology available to these countries will largely be determined by investments in the industrialized countries.(122)

The recent election of a Republican majority in Congress raises new questions about the likely future of U.S. energy policy. President Reagan's proposal for abolishing DOE has been discussed anew as part of a renewed emphasis on budget cutting.(123) On the other hand, some Republican leaders are strongly identified as supporters of particular fuels or energy technologies.(124) Conservatives consider some of President Clinton's energy programs to be thinly disguised industrial policies that merit elimination,(125) but Republicans are more likely to express support for continuing deregulation initiatives and giving the states greater latitude for experimentation. In short, despite the strong basic trends in policy apparent over the past two decades, the future of U.S. energy policy is as uncertain and unpredictable as ever.

Americans have been unable to support a strong national energy policy except in times of threatened shortage or war. As a consequence, a program born with the promise of energy independence has become a target for elimination.(126) We are moving closer than ever to the energy policy of "strategic reserves and strategic forces" envisioned by David Stockman. However, the underlying rationales for a national energy policy remain strong as recognized by virtually every other major industralized nation. These include the high dependence on imported oil in general and OPEC nations in particular; the close connection between energy and major environmental problems, especially air pollution and global warming; and the importance of energy in meeting development goals for the majority of the world's population. Moreover, our ability to address these issues is increasingly dependent on cooperation with other nations, which also requires national leadership.

Other nations have as of yet shown no inclination to abandon their national energy policies, including large gasoline taxes and strong support for clean technology.(127) If they are successful, we may look toward a future of imported clean technology as a substitute for imported dirty. fuels.(128) (1) Pub. L No. 83-703, 68 Stat. 919 (amending Atomic Energy Act of 1946, Pub. L. No. 79-724, 60 Stat. 755) (codified cod·i·fy  
tr.v. cod·i·fied, cod·i·fy·ing, cod·i·fies
1. To reduce to a code: codify laws.

2. To arrange or systematize.
 as amended at 42 U.S.C. [subsections] 2011-2297 (1988 & Supp. V 1993)). (2) David H. Davis, Energy Politics 105 (1993). (3) Exec. Order No. 11,930, 41 Fed. Reg. 32,397 (1976); see also Davis, supra A relational DBMS from Cincom Systems, Inc., Cincinnati, OH ( that runs on IBM mainframes and VAXs. It includes a query language and a program that automates the database design process.  note 2, at 105. (4) Davis, supra notes 2, at 105. (5) The allocation system contributed to shortages in many states, because the calculation favored states with substantial tourism prior to the boycott. The result was long gasoline lines in many parts of the country, adding to the sense of crisis. Id. at 105-06; see also Daniel Yergin Daniel H. Yergin (born February 6, 1947) is an American author, speaker, and economic researcher.

Born in Los Angeles, California to a Chicago Tribune reporter father and a mother who was a sculptor and painter, Yergin received his B.A.
, The Prize: The Epic Quest for Verb 1. quest for - go in search of or hunt for; "pursue a hobby"
quest after, go after, pursue

look for, search, seek - try to locate or discover, or try to establish the existence of; "The police are searching for clues"; "They are searching for the
 Oil, Money and Power 613-25 (1991). (6) Davis, supra note 2, at 107. (7) Douglas R. Bohi & Joel Darmstadter, Twenty Years After the Energy Crisis: What Lessons Were Learned? 116 Resources 16, 16 (1994). (8) Richard M. Nixon, PUB. Papers 13 (Sept. 22, 1970). (9) Energy Policy and Conservation Act The Energy Policy and Conservation Act (EPCA) declared it to be U.S. policy to establish a reserve of up to 1 billion barrels of petroleum. President Ford signed the legislation on December 22, 1975, setting the Strategic Petroleum Reserve (SPR) into motion. , 42 U.S.C. [sections] 6234 (1988); see Davis, supra note 2, at 113 (explaining that the SPR entailed pumping one billion barrels of crude oil into Louisiana's salt domes for emergency purposes); see generally Alfred A. Marcus, Controversial Issues in Energy Policy 38-45 (1992) (discussing the government's response to the 1973 oil embargo Oil embargo may refer to:
  • The 1973 oil crisis;
  • The 1979 energy crisis; or,
  • The oil embargo placed on Japan by China, the United States, Britain, and the Dutch during the Sino-Japanese War, preceding World War II.
). (10) 42 U.S.C. [sections] 6201(5) (1998); see Davis, supra note 2, at 113 (noting that President Ford's Administration set efficiency standards aiming for 20 miles per gallon Noun 1. miles per gallon - the distance traveled in a vehicle powered by one gallon of gasoline or diesel fuel
unit, unit of measurement - any division of quantity accepted as a standard of measurement or exchange; "the dollar is the United States unit of
 in 1980 and 28 in 1985). (11) 42 U.S.C. [sections] 6295 (1988). (12) The creation of the IEA was part of an overall U.S. strategy of working with other major oil-consuming nations and non-OPEC oil-producing nations (most notably the former Soviet Union, which the U.S. approached with a "barrels for bushels" proposal to exchange wheat for oil) to limit the threat presented by the emergence of OPEC as a major economic and political force. There were three basic strategies available to the West - conservation, alternative fuel development, and exploration of new sources of oil outside OPEC. The IEA provided a nonconfrontational framework for participating nations to pursue these strategies in their own ways. See Yergin, Supra note 5, at 643, 653-54. For example, after the 1979 oil embargo IEA members collectively agreed to reduce oil demand by two million barrels per day to help meet essential needs and hold down price increases. Terrence R. Fehner & Jack M. Holl, Department of Energy 1977-1994: A Summary of History 26 (1994); see also Davis, supra note 2, at 110 (noting that the IEA sought new sources, such as North Sea Oil, and new technologies, such as coal liquification). (13) The National Energy Act of 1978 is the generic name generic name
1. The official nonproprietary name of a drug, under which it is licensed and identified by the manufacturer.

 for the following five statutes: the Public Utility Regulatory Policies Act of 1978, Pub. L. No. 95-617, 92 Stat. 3117; the Energy Tax Act of 1978, Pub. L. No. 95-618, 92 Stat. 3174; the National Energy Conservation Policy Act, Pub. L. No. 95-619, 92 Stat. 3206; the Powerplant and Industrial Fuel Use Act of 1978, Pub. L. No. 95-620, 92 Stat. 3289; and the Natural Gas Policy Act of 1978, Pub. L. No. 95-621, 92 Stat. 3350. (14) Department of Energy, 42 U.S.C. [subsections] 7111-7112 (1988 & Supp. V 1993). (15) Jimmy Carter, Pub. Papers 1864 (Sept 22, 1980). (16) Energy policies to promote coal use were arguably partially offset by more stringent environmental policies adopted during the same period, including the Surface Mining Control Act, 30 U.S.C. [sections] 1201 (1988), and amendments to the Clean Air Act, 42 U.S.C. [subsections] 7401-7671 (1988 & Supp. V 1993), that restricted the use of tall stacks Tall Stacks, formally known as the Tall Stacks Music, Arts, and Heritage Festival, is a festival held every three or four years in the Cincinnati, Ohio area, which celebrates the city's heritage of the riverboat.  as a means of dispersing pollution. See Davis, supra note 2, at 39-57 (discussing the history of the relationship between government and the coal industry); see generally Larry McBride & John Pendergrass, Coal, in Sustainable Environmental Law: Integrating Natural Resource and Pollution. Abatement Law from Resources to Recovery 993 (Celia Campbell-Mohn et al. eds., 1993). (17) 42 U.S.C. [subsections] 8201-8286 (1988 & Supp. V 1993). (18) 16 U.S.C. [subsections] 2601-2645 (1988 & Supp. V 1993). (19) 40 C.F.R. [sections] 600.513 (1981). (20) Id. [sections] 600.513(a)(3). (21) Id. [sections] 600.513(a)(1). (22) Davis, supra note 2, at 157-58. (24) Piettro S. Nivola, Gridlocked grid·lock  
1. A traffic jam in which no vehicular movement is possible, especially one caused by the blockage of key intersections within a grid of streets.

 or Gaining Ground? US. Regulatory Reform Regulatory Reform concerns improvements to the quality of government regulation.

At the international level, the "OECD Regulatory Reform Programme is aimed at helping governments improve regulatory quality -- that is, reforming regulations that raise unnecessary obstacles to
 in the Energy Sector, Brookings Rev., Summer 1993, at 36-38. (25) Davis, supra note 2, at 118. (26) See id. at 119 (noting Carter's strategy of decontrolling oil prices to respond to unstable foreign supply). (27) Id. at 121; see National Energy Conservation Policy Act, Pub. 1. No. 95-619, [sections] 212(b)(1), 92 Stat. 3209 (1978). (28) Davis, supra note 2, at 122 (defining windfall profits as "the increased profits the oil companies would make as their selling price grew so much faster than their costs of production"). (29) Id. at 119. (30) President Carter proposed the Energy Mobilization Board as part of a package of national energy policy proposals in a July 15, 1979 address to the nation. Fehner & Holl, supra note 12, at 29-30. In a close vote, the House of Representatives defeated the proposal. See Alfred A. Marcus, Controversial Issues in Energy Policy 94-95 (1992). (31) Harvey Brooks Harvey Brooks (born July 4, 1944, New York City as Harvey Goldstein) is an American bassist. He has played in many styles of music (notably jazz and popular music), and was folk rock's first notable bass guitarist. , History as a Guide to the Future, in Uncertain Power: The struggle for a National Energy policy 219, 220 (Dorothy S. Zinberg ed., 1983). There was even some overlap in administrative leadership; Robert Seamans Robert C. Seamans, Jr. was born on October 30, 1918, in Salem, Massachusetts. He is a former NASA Deputy Administrator and MIT professor. Education
He attended Lenox School, Lenox, Massachusetts; earned a Bachelor of Science degree in Engineering at Harvard University in
, Deputy Administrator of NASA The Deputy Administrator of NASA serves as the agency’s second in command and is responsible to the administrator for providing overall leadership, planning, and policy direction for the agency.  during a critical research and development period, headed the Energy Research and Development Administration The US Energy Research and Development Administration (ERDA) was a Government organization formed from the split of the Atomic Energy Commission in 1975. It assumed the functions of the AEC not assumed by the Nuclear Regulatory Commission.  (precursor to DOE) when its major research priorities were established. (32) Office of Technology Assessment, Saving in U.S. Transportation 25-26 (1994) [hereinafter here·in·af·ter  
In a following part of this document, statement, or book.


Formal or law from this point on in this document, matter, or case

Adv. 1.
 Saving Energy]; see also Dan McCosh, Emerging Technologies for the Supercar Supercar is a term used for a high-end sports car, typically an exotic or rare one, whose performance is highly superior to that of its contemporaries. The proper application of the term is subjective and disputed, especially among enthusiasts. , Populare Sci., June 1994, at 95 (discussing ways to improve fuel economy through design refinements and technology improvements); John DeCicco & Marc Ross, Improving Automotive Efficiency, Sci. Am., Dec. 1994, at 52. (33) See generally Brooks, supra note 31, at 222-23. (34) See Davis, supra note 2, at 124-25 (noting that Japan and Europe use far less on per capita [Latin, By the heads or polls.] A term used in the Descent and Distribution of the estate of one who dies without a will. It means to share and share alike according to the number of individuals.  for passenger and freight transport). (35) See Curtis Moore & Alan Miller Alan Miller is a pioneering and influential figure in the video game industry. He was an early game designer and programmer for Atari 2600 games who went on to found two large video game developers and publishers. , Green Gold: Japan, Germany, the United States and the Race for Environmental Technology 101 (1994). Some analysts questioned why the SPR was not also identified as an unnecessary intrusion into the market because private companies are also perfectly capable of stockpiling oil. The rather ironic response was that companies would not do so out of fear that reserves would be commandered by government in time of need. Another notable exception to Reagan's anti-government stance was his support for federal subsidies to the nuclear power industry. Daniel Yergin, The Political Geology of the Energy Problem, in Uncertain Power, supra note 31, at 236; Linda R. Cohen cohen
 or kohen

(Hebrew: “priest”) Jewish priest descended from Zadok (a descendant of Aaron), priest at the First Temple of Jerusalem. The biblical priesthood was hereditary and male.
 & Roger G. Noll, The Technology Pork Barrel pork barrel
n. Slang
A government project or appropriation that yields jobs or other benefits to a specific locale and patronage opportunities to its political representative.
 217-58 (1991). (36) Fehner & Noll, supra note 12, at 34. "One week after his inauguration, President Reagan lifted remaining price and allocation controls on gasoline, propane, and crude oil, allowing domestic gasoline and off prices to seek free market levels." Id. This symbolic move served only to hasten the final deregulation originally scheduled for October 1, 1981. Franklin Tugwell, The Energy Crisis and the American Political Economy 129-30 (1988) (observing that at the time of Reagan's decision, all but 15% of crude on processed by American refineries had been decontrolled). (37) From 1970 to When the Synfuels program ended in 1984, cumulative federal expenditures were about $2 billion. See Cohen & Noll supra note 35, at 259-319. (38) James Watt, the first Secretary of the Department of Interior (DOI (Digital Object Identifier) A method of applying a persistent name to documents, publications and other resources on the Internet rather than using a URL, which can change over time. ) under President Reagan, aggressively sought to expand domestic oil and gas leasing on public lands, but congressional opposition and court orders stymied many of his efforts. For example, of 41 sales of oil leases planned by DOI, fewer than 30 issued,- of 265 million acres offered, only 13 million were actually leased. Tugwell supra note 36, at 132-34. The most controversial actions involved proposed leases of off-shore off rights, typically opposed by state authorities and environments. See Natural Resources Defense Council The Natural Resources Defense Council (NRDC) is a New York City-based, non-profit non-partisan international environmental advocacy group, with offices in Washington, D.C., San Francisco, Los Angeles, Chicago, and Beijing. Founded in 1970, NRDC today has 1. , Inc. v. Hodel, 865 F.2d 288 (D.C. Cir. 1988) (requiring greater assessment of environmental effects); Commonwealth of Mass. v. Watt, 716 F.2d 946 (1st Cir. 1983) (finding a probable National Enviromnental Policy Act violation). (39) Nivola, supra note 24, at 38. (40) Id. (41) 15 U.S.C. [sections] 3301 (Supp. V 1993). (42) Nivola, supra note 24, at 38; see also Department of Energy, National Energy Strategy: Powerful Ideas For America 88-93 (1991) [hereinafter National Energy Strategy]. (43) National Energy Strategy, supra note 42, at 2. (44) Id. (45) Id. at 4. (46) 42 U.S.C. [sections] 13201 (Supp. V 1993). (47) Karl Hausker, Two Cheers for the Energy Policy Act!, Electricity J., Jan.-Feb. 1993, at 27-28; Nivola, supra note 24, at 40. (48) Keith L. Kozloff & Roger C. Dower dower, that portion of a deceased husband's real property that a widow is legally entitled to use during her lifetime to support herself and their children. A wife may claim the dower if her husband dies without a will or if she dissents from the will. , A New Power Base: Renewable Energy Policies The following articles contain information on renewable energy policy:
  • Renewable energy
  • The Renewable Energy Policy Network for the 21st Century (REN21)
See also
  • Energy policy
 for the Nineties and Beyond 138-39 (1993). (49) For example, O'Leary opened files on human testing done with radioactive materials. See Comment, The Buchenwald Touch, The Progressive, fEB. 1994, AT 8; Chip Brown, The Science Club Serves Its Country, Radiation Tests on Children in the 1950s, Esquire, Dec. 1994, at 122; Feds Admit Concealed Nuke Tests; 200 Weapons Trails, 800 Radiation Experiments Kept Mum, Houston Chron., Dec. 8, 1993, at A4. (50) For fiscal year 1995, the energy efficiency budget increased by about $101 million to $793 million, while the renewable energy budget increased by $64 million to $388 million. The total DOE budget is $17.5 billion. Energy Efficiency, Renewables Capture Larger Share of Shrinking DOE Budget, Alliance Update, Fall 1994, at 1; see also Department of Energy, The Domestic Natural Gas and Oil Initiative: Energy Leadership in the World Economy 2 (1993) [hereinafter Natural Gas and Oil]; Christopher Flavin Christopher Flavin is the President of the Worldwatch Institute, an independent research organization based in Washington, DC. He is also a founding member of the Board of Directors of the Business Council for Sustainable Energy and is a member of the National Academy of Sciences  & Nicholas Lenssen, Power Surge An oversupply of voltage from the power company that can last up to 50 microseconds. Although surges are very short in duration, they often reach 6,000 volts and 3,000 amps when they arrive at the equipment. Power surges are a common cause of damage to computers and electronic equipment. : Guide to the Coming Energy Revolution 302-03 (1994) (noting that 23 member countries of the IEA spent 85% of their total energy research and development budgets on nuclear energy and fossil fuels between 1978 and 1991). (51) See Office of Management & Budget, A Vision of Change for America Change for America is an Internet-based membership organization formed by Joe Trippi and others in the campaign of Howard Dean whose goals are to strengthen the Democratic Party and increase citizen involvement in the political process.  105 (1993) (proposing to tax all types of energy as measured in British Thermal Units British thermal unit, abbr. Btu, unit for measuring heat quantity in the customary system of English units of measurement, equal to the amount of heat required to raise the temperature of one pound of water at its maximum density [which occurs at a temperature of 39. ); see also J. Andrew Hoerner & Frank Muller Frank Muller is a stage and television actor, but is most famous as an audiobook narrator. He is regarded by many fans and critics to be the greatest American audiobook narrator of the 20th century. , The Impact of a Broad-based Energy Tax on the Competitiveness of U.S. Industry, NAT (Network Address Translation) An IETF standard that allows an organization to present itself to the Internet with far fewer IP addresses than there are nodes on its internal network. . Resources Tax Rev., July-Aug. 1993, at 428-58. (52) Hoerner & Muller, supra note 51, at 428. (53) Natural Gas and Oil, supra note 50, at 4. (54) Id. at 8 (listing advanced rock drilling as one technology slated for support). (55) Id. at 11 (supporting, for example, a study that reviews tax treatment of geologic and geophysical expenditures). (56) Id. at 10 (noting, for example, that DOE and state regulators will identify barriers to the use of natural gas vehicle). (57) Section 801 of the Department of Energy Organization Act, 42 U.S.C. [sections] 7321 (1988). requires the President to submit a National Energy Policy Plan to Congress every two years. No plan was submitted in 1993 due to the change in administration. The Bush Administration published its National Energy Strategy in 1991. See National Energy Strategy, supra note 42. (58) Department of Energy, National Energy Policy Plan Update 1-2 (1994). (59) Id. Numerous background papers were prepared as part of the process of public hearings and comment feeding into the Plan. There is even a National Energy Policy Plan Public Information Hotline, which can be reached via phone at (615) 241-2545, facsimile at (615) 241-3851, or the Internet at NEPP NEPP National Environmental Policy Plan
NEPP NASA Electronic Parts and Packaging
NEPP National Early Psychosis Project
NEPP NASA EEE Parts and Packaging
@ORAU ORAU Oak Ridge Associated Universities .GOV. (60) Saving Energy, supra note 32, at 25-26. (61) William J. Clinton & Albert Gore, Jr., The Climate Change Action Plan (1993). (62) Report of the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change on the Work of the Second Part of Its Fifth Session, 5th Sess., pt. 2, Annex 1, U.N. Doc. A/AC.237/18 (1992) reprinted in 31 I.L.M. 851 [hereinafter Framework Convention on Climate Change]. (63) Clinton & Gore, supra note 61; see generally Climate Action Report, Submission of the United States of America UNITED STATES OF AMERICA. The name of this country. The United States, now thirty-one in number, are Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire,  Under the United Nations Framework Convention on Climate Change (1994) [hereinafter Climate Action Report]. For an excellent overview of the convention's evolution, structure, and future prospects, see Daniel Bodansky, The United Nations Framework Convention on Climate Change: A Commentary, 18 Yale J. Int'l. 451 (1993). (64) The calculation of the relative greenhouse warming caused by different activities and their associated emissions is a complex subject The most recent and authoritative source is an international scientific consensus report by the Intergovernmental Panel on Climate Change “IPCC” redirects here. For other uses, see IPCC (disambiguation).
The Intergovernmental Panel on Climate Change (IPCC) was established in 1988 by two United Nations organizations, the World Meteorological Organization (WMO) and the United Nations Environment
 (IPCC See IMS Forum. ). Radiative Forcing In climate science, radiative forcing is (loosely) defined as the difference between the incoming radiation energy and the outgoing radiation energy in a given climate system.  of Climate Change: the 1994 Report of the Scientific Assessment Working Group of the IPCC (1994). The report gives the following estimates of increased radiative forcing (warming) from the most important greenhouse gases: carbon dioxide carbon dioxide, chemical compound, CO2, a colorless, odorless, tasteless gas that is about one and one-half times as dense as air under ordinary conditions of temperature and pressure. , 1.56 W m-2 (watts per square meter Noun 1. square meter - a centare is 1/100th of an are
centare, square metre

area unit, square measure - a system of units used to measure areas
); methane, 0.5 W m-2; nitrogen oxides (NOx), halocarbons, and other gases, less than 0.45 W m-2. Id. at 5. Fossil fuels directly or indirectly cause most of the increase in carbon dioxide. The source of the increase in atmospheric concentrations of methane and NOx is less clearly known but is at least partly attributable to fossil fuels as web. For example, natural gas is essentially methane, so natural gas leaks and flaring are a source of methane emissions. Similarly, fossil fuel combustion produces NOx emissions. Id at 11, 18, 23; see generally Intergovernmental Panel On Climate Change, Climate Change: The IPCC Scientific Assessment 5-68 (1990). (65) Clinton & Gore, supra note 61. (66) Climate Action Report, supra note 63, at 83-90. (67) Id. (68) Id. at 90. (69) Flavin flavin: see coenzyme.

Any of a class of organic compounds, pale yellow biological pigments that fluoresce green. They occur in compounds essential to life as coenzymes in metabolism.
 & Lenssen, supra note 50, at 240-66; see generally 8 Nat. Resources & Env't Winter 1994 (containing various articles discussing energy regulation and market competition). The pros and cons pros and cons
Noun, pl

the advantages and disadvantages of a situation [Latin pro for + con(tra) against]
 of deregulatory proposals and pertinent decisions at state and federal levels are also featured in the Electricity Journal. One of the most controversial issues is that open markets for electricity with result in "stranded investment" - generating equipment currently worth tens of billions of dollars that has to be written off because it will not be competitive. Kennedy P. Maize, Stranded Investment - $300 Billion Anchor, or `Tonya Harding' Issue, Electricity J., Mar. 1994, at 17-19. (70) Nivola, supra note 24, at 41; The Energy Policy for the Hydrogen Future Act of 1995: Hearing Before the House Comm. on Science, 104th Cong., 1st Sess. 3 (1995) (testimony of Robert H. Williams, Senior Research Scientist, Center for Energy and Environmental Studies) [hereinafter Energy Policy Hearing]. (71) Natural Gas And Oil, supra note 50, at 3; see also Flavin & Lenssen, supra note 50, at 44-49; see generally James J. MacKenzie, Why We Need A National Energy Policy (1990). (72) Brooks, supra note 31, at 235. (73) Energy Policy Hearing, supra note 70, at 3 (testimony of Robert H. Williams). (74) Natural Gas And Oil, supra note 50, at 3. (75) Id. Japan and most European nations import a higher percentage of their off but consume much less per capita for passenger transport and per unit of Gross National Product (GNP) for freight transport. Saving Energy, supra note 32, at 124-25. (76) MacKenzie, supra note 71, at 3. (77) Moore & Miller, Supra note 32, at 103. (78) Saving Energy, supra note 32, at 123. (79) James J. MacKenzie, The Keys To The Car: Electric And Hydrogen Vehicles For The 21st Century 5 (1994). (80) MacKenzie, supra note 71, at 3. (81) Energy Policy Hearing, supra note 70, at 3 (testimony of Robert H. Williams). (82) MacKenzie, supra note 71, at 3. (83) Lee Schipper et al., Linking Life-Styles and Energy Use: A Matter of Time? 14 Ann. Rev. Energy 273, 276-78 (1989); see also Loren Lutzenhiser, Social and Behavioral Aspects of Energy Use, 18 Ann. Rev. Energy 247 (1993) (discussing role of behavioral factors in energy analysis). Some environmentalists urge that environmental policy focus more directly on individual behavior and perhaps incorporate some concept of consumption limits. See, e.g., Alan T. Durning, How Much Is Enough?: The Consumer Society And The Future Of The Earth (1992); Union of Concerned Scientists The Union of Concerned Scientists (UCS) is a nonprofit advocacy group based in Cambridge, Massachusetts, United States. The UCS membership includes many private citizens in addition to professional scientists. , U.S. Consumption and the Environment (1994). The difficulties facing even modest efforts to focus on individual behavior are illustrated by the response to a DOE project begun to explore public relations public relations, activities and policies used to create public interest in a person, idea, product, institution, or business establishment. By its nature, public relations is devoted to serving particular interests by presenting them to the public in the most  strategies that might improve public acceptance of alternative fuels. The plan drew an irate i·rate  
1. Extremely angry; enraged. See Synonyms at angry.

2. Characterized or occasioned by anger: an irate phone call.
 reaction from the American Petroleum Institute The American Petroleum Institute, commonly referred to as API, is the main U.S. trade association for the oil and natural gas industry, representing about 400 corporations involved in production, refinement, distribution, and many other aspects of the industry. . See Cindy Skrzycki, How the DOE Produced Spontaneous Combustion spontaneous combustion, phenomenon in which a substance unexpectedly bursts into flame without apparent cause. In ordinary combustion, a substance is deliberately heated to its ignition point to make it burn. , Wash. Post, Oct. 28, 1994, at D1. (84) Henry C. Kelly et al., Energy Use and Productivity: Current Trends and Policy Implications, 14 Ann. Rev. Energy 321 (1989). (85) Id. (86) Id. at 322. (87) Id. at 321-22. (88) Id. at 333. (89) The decline in energy intensity was most significant between 1973 and about 1986; since that time, the trend has leveled off in the United States and other industrialized countries. Notably, energy prices during this period also leveled off or declined in real terms. Office of Technology Assessment, Industrial Energy Efficiency 11 (1993). A recent detailed global energy study concludes that "[a]veraged over all sectors ... the net decline [in energy intensity] will likely be much smaller than that which occurred before 1985 and is unlikely to keep pace with the pressure on energy demand from rising activity." Lee Schipper et al., World Energy: Building a Sustainable Future 3 (1992); see also World Energy Council, Energy for Tomorrow's World Tomorrow's World was a long-running BBC television series, showcasing new (and often wacky) developments in the world of science and technology. First aired in 1965, it ran for 38 years until it was axed at the beginning of 2003, ostensibly because of falling ratings.  39-86 (1993). (90) Estimates of developing country energy use growth rates Growth Rates

The compounded annualized rate of growth of a company's revenues, earnings, dividends, or other figures.

Remember, historically high growth rates don't always mean a high rate of growth looking into the future.
 vary depending on the comparison period, the included nations, and (for future projects) the assumptions made about economic growth and energy intensity. From 1973 to 1988, energy growth in developing countries averaged 5.4% (excluding Eastern Europe Eastern Europe

The countries of eastern Europe, especially those that were allied with the USSR in the Warsaw Pact, which was established in 1955 and dissolved in 1991.
 and the former Soviet Union). Mark D. Levine et al., Energy Efficiency, Developing Nations, and Eastern Europe 11 (1991). Commercial energy consumption in the developing nations should triple over the next 30 years. Office of Technology Assessment, Fueling Development: Energy Technologies for Developing Countries 3 (1992). (91) Flavin & Lenssen, supra note 50, at 44-46. (92) See Office of Technology Assessment, Climate Treaties and Models: Issues in the International Management of Climate Change 6-7 (1994). (93) The challenge of global warming has important economic and political dimensions. for avoid a long-term increase in carbon dioxide concentrations, developing nations with much faster energy growth rates must be induced to implement technologies being developed in the already industrialized countries. Such technologies are likely to cost more, at least initially, and developing nations see no reason to delay their economic development because of a problem almost entirely due to economic benefits gained by the developed nations. Thus, industrialized nations must develop new technologies and pay most if not all the added costs of emission reductions in developing nations. One modest step in that direction is the designation of a financial mechanism in the Climate Convention, the Global Environmental Facility. A second potentially relevant concept in the Convention is "joint implementation," the possibility of greenhouse gas emissions trading so that industrialized nations might transfer technology to developing nations as part of a commitment to meeting their obligations as industrialized nations. See generally Bodansky, supra note 63, at 520-23; David G. Victor & Julian E. Salt, From Rio to Bertin: Managing Climate Change, Env't, Dec. 1994, at 6. (94) For a definition and detailed discussion, see Howard Geller & Steve Nadel, Market Trnsformation Strategies to Promote End-Use Efficiency, 19 Ann. Rev. Energy 301 (1994). (95) 16 U.S.C. [subsection] 2601-2645 (1988 & Supp. V 1993). (96) 42 U.S.C. [subsection] 7401-7642 1988 & Supp. V 1993). (97) See generally Framework Convention on Climate Change, supra note 62. (98) Flavin & Lenssen, supra note 50, at 251-56. (99) Id. at 253; see also Stephen Wiel, Making Electric Efficiency Profitable, Pub. Until. Fort., July 6, 1989, at 9, 13-15; David H. Moskovitz, Profits and Progress Through Least-Cost Planning, 15 Ann. Rev. Energy 399, 414-15 (1990). (100) Wiel, supra note 99, at 15. (101) Office of Technology Assessment, U.S. Congress, Building Energy Efficiency 109-13 (1992). (102) See id. (103) This process was part of the government's efforts to identify politically acceptable measures that will reduce greenhouse gas emissions in compliance with the Framework Convention on Climate Change. See CLIMATE Action Report, supra note 63, at 191 (noting that "[t]he committee will make recommendations in mid-1995 on policies that would, if adopted, lead to consensus on cost-effective returns to 1990 levels of greenhouse gas emissions from personal motor vehicles by the years 2005, 2015, and 2025, with no upturn thereafter"). (104) Flavin & Lenssen, Supra note 50, at 121 (wind), 137-38 (solar heating solar heating

Use of solar radiation to heat water or air in buildings. There are two types: passive and active. Passive heating relies on architectural design; the building's siting, orientation, layout, materials, and construction are utilized to maximize the heating
), 157-61 (photovoltaics for off-grid applications), 180 (power generation by combustion of plants). (105) Id. at 121; Lester R. Brown Lester Russell Brown (born 1934) is an environmental analyst who has written several books on global environmental issues. He is the founder of the Worldwatch Institute and founder and president of the Earth Policy Institute which is a nonprofit research organization in  et al., Vital Signs 1995 at 54-55 (1995). (106) Energy Policy Hearing, supra note 70, at 3 (testimony of Robert H. Williams). (107) Brown Et Al, supra note 105, at 56. (108) Flavin & LENSSEN, Supra note 50, at 157-60. (109) Id. at 152-73. (110) Id. at 21-23. (111) DOE administers the Climate Challenge, a program directed toward promoting voluntary commitments by electric utilities to reduce their emissions of greenhouse gases. DOE also has a voluntary program, to promote the use of more efficient electric cars, called the Motor Challenge. EPA has its own voluntary programs including Green Lights (more efficient lighting), Energy Star Buildings (more efficient buildings), and Energy Star Transformers. The two agencies jointly developed Climate-Wise Companies, directed toward industry more generally. See generally Clinton & Gore, supra note 61. (112) The implementation of the acid rain program is primarily EPA's responsibility, but DOE and state utility regulatory agencies have had significant roles as well. See Robert W. Hahn & Carol A. May, The Behavior of the Allowance Market: Theory and Evidence, 7 Electricity J. 28 (1994); see also Marc Smolonsky et al., a1994 Annual Review of the U.S. Environmental Protection Agency 35-36 (1994) (noting that DOE objections delayed EPA regulations on NOx emissions from coal-fired electric utility boilers). (113) See supra note 111. (114) Atmospheric Pollution Prevention Div., U.S. Envtl. Protection Agency, 1994 Accomplishments and Prospects for 1995 (1994). (115) Id. at 2-5. (116) See generally Fehner & Holl, supra note 12, at 84-87. (117) George R. Heaton, Jr. et al., Missing Links: Technology and Environmental Improvement in the Industrializing World 1 (1994) (citing The World Bank, Indonesia's Environment and Development: Challenges for the Future (1994)). (118) Per capita travel tends to be low and use of public transportation systems high in cities with high residential densities (12 persons per acre), a strong central core, and a mixing of residential and commercial land uses. These factors are in turn influenced by numerous policy choices, such as subsidies for roadbuilding and mass transit mass transit, public transportation systems designed to move large numbers of passengers. Types and Advantages

Mass transit refers to municipal or regional public shared transportation, such as buses, streetcars, and ferries, open to all on a
, land use planning

Main article: urban planning

Land use planning is the term used for a branch of public policy which encompasses various disciplines which seek to order and regulate the use of land in an efficient and ethical way.
, and parking regulations. Saving Energy supra note 32, at 22-23, 199-212. (119) The Clinton Administration has identified the gap between technology development and commercialization as a major barrier to the success of important new technologies. Government support is greatest for research and development - the technology development end - and industry involvement is most effective at the opposite end, when new technologies are commercialized However, in between there is often a missing link in the demonstration, testing, and evaluation of new technologies sufficient to satisfy private investors. National Science and Technology Council The National Science and Technology Council (NSTC) was established in the US by Executive Order on November 23 1993. This Cabinet-level Council is the principal means within the executive branch to coordinate science and technology policy across the diverse entities that make up , Technology for a Sustainable Future 50-53, 61-65 (1994). Several technologies with major environmental benefits, including selective catalytic reduction Selective catalytic reduction (SCR) is a means of removing nitrogen oxides, often the most abundant and polluting component in exhaust gases, through a chemical reaction between the exhaust gases, a (reductant) additive, and a catalyst.  and fuel cells, were originally developed in the United States but partly or entirely sold to foreign investors in countries with more stringent environmental regulations or with greater national support for technology development. Moore & Miller, supra note 35, at 141-75. (120) See J.P. Holdren & R.K. Pachauri, Energy, in an Agenda of Science for Environment and Development into the 21st Century 103-18 (1992). (121) The timing of energy investments, in developing nations is an important but inadequately appreciated issue. The largest developing nations, such as Brazil, India, and China, have rapidly growing economies and energy sectors. See Office of Technology Assessment, supra note 90, at 3. These rapid growth rates will continue for roughly the next two decades but are expected to moderate thereafter, when basic infrastructure Investments (such as roads, powerplants, and sewage systems) will decline as a portion of total investment. See Robert C. Means & Alan S. Miller, Limiting United States Carbon Dioxide Emissions: Implications of the Goal 63-67 (1995) (unpublished working paper, Center for Global Change) (on file with author). (122) Most technology used in developing countries is purchased from industrialized countries; exports from developing nations have a much greater proportion of basic commodities. Brown et al., supra note 105, at 74. One important influence on the rate of energy growth in developing nations is therefore the extent to which these nations obtain the newest and most efficient equipment rather than older (and usually much less expensive) alternatives. The direct adoption of the best equipment would allow for what has been termed "leapfrogging Leapfrogging is a theory of development in which developing countries skip inferior, less efficient, more expensive or more polluting technologies and industries and move directly to more advanced ones. ," in that intermediate stages of moderate improvements in efficiency could be skipped over. Office of Technology Assessment, supra note 90, at 32-33. (123) GOP Freshmen in House Push for Abolition of Agencies, Including DOE, Inside Energy with Federal Lands, Feb. 20,1995, at 13; Kathleen Hart, DOE Critics Decry de·cry  
tr.v. de·cried, de·cry·ing, de·cries
1. To condemn openly.

2. To depreciate (currency, for example) by official proclamation or by rumor.
 Proposal to Eliminate Department, Nucleonics nucleonics

the study of nucleons or of atomic nuclei and their reactions; nuclear physics.
 Week, Sept. 15 1994, available in WESTLAW Westlaw®

WESTLAW® is an interactive computerassisted legal research service that is provided to subscribers by West Group, a subsidiary of Thomson Legal Publishing.
, Allnews Library, File No. 1994 WL 2714407. (124) Representative Richard K Armey (R-Tex.), the House Majority Leader, is an outspoken advocate of greater support of the domestic oil industry. Representative Robert S. Walker (R-pa.), the new chair of the House Science Committee, has a longstanding interest in the development of technologies for producing and using hydrogen as an energy source. (125) See, e.g., Michael McKenna, Power Failure. Let's Pull the Plug on Federal Energy Programs, Pol'y Rev., Winter 1994, at 81 arguing that Clinton's energy policies are justified (126) Proposals to eliminate DOE would shift many of its functions to other agencies, including several of its largest budget components - nuclear weapons development, nuclear waste cleanup, management of a nuclear waste repository, and management of the Strategic Petroleum Reserve. Together these items constitute almost @fourths of DOE's 1995 fiscal year budget request of over $18 billion. Fehner & Holl, supra note 12, at 141. (127) See Brown et al., supra note 105, at 5&56 (discussing rapid growth in renewable energy installations in Europe and Japan). (128) See generally Moore & Miller, supra note 35 discussing the possibility of importing clean technologies).
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Title Annotation:Symposium on Clinton's New Land Policies
Author:Miller, Alan S.
Publication:Environmental Law
Date:Jun 22, 1995
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