As one would expect from a president who is a master of political theater, the backdrop for this week’s announcement of his executive order “Promoting Energy Independence and Economic Growth” was dramatic: President Trump, with twelve all-American-looking coal-miners flanking him, announced that he was undoing a number of President Obama’s climate policies, while announcing a number of pro-energy-development ones. As is typical with this president, though, the media were so wrapped up in the theater that the substance of the order was almost entirely buried in many stories.
But while the green lobby was rending its garments and proclaiming the end of the world, more astute observers noticed what Trump’s executive order didn’t do — which was arguably more important than what it did.
Notably, the president did not (1) withdraw the U.S. from the Paris Climate Agreement or (2) start a process to repeal the EPA’s endangerment finding on carbon emissions, which underlies the Obama administration’s Clean Power Plan.
Some (though by no means all) conservatives are up in arms about this, as EPA administrator Scott Pruitt was supposedly particularly active in beating back proposals to challenge the endangerment finding, while Secretary of State Rex Tillerson was supposedly active in lobbying to stay in the Paris Climate Agreement. At first blush, this seems hard to square with the records of two men who were being denounced as enemies of the people by the environmental lobby from the moment of their nominations, but in their early approaches to the issue they are showing a disposition that is more pragmatic than radical.
This is not a surprise to more seasoned observers of energy policy on the right. Those who have actually worked with Pruitt stressed that, contrary to the media caricature, he was not an ideological Don Quixote tilting at windmills. Instead, he is going to carefully and methodically go after EPA overreach while focusing on cleaning up air and water in tangible ways.
The endangerment finding found that greenhouse gases threatened human health and welfare, which provided the legal justification for the Obama administration’s Clean Power Plan. But Pruitt, along with several senior White House aides, argued that attempting to overturn the finding would be a messy and protracted court battle that would be very unlikely to succeed.
Meanwhile Tillerson did not want to rush into immediately withdrawing from the Paris Agreement. with all of the attendant blowback it would cause among key allies, when the administration has more important diplomatic priorities.
Conservative critics of Obama’s climate policies may be justifiably angered at Trump’s refusal to act on these issues in this executive order, but for an administration that cares a lot about winning, it did not make sense to act in a way that would likely result in a loss. If Trump really wants to roll back the endangerment finding, his best bet is probably a revision of the Clean Air Act (which would in and of itself be a bruising fight) that would explicitly strip out CO2 from the law’s jurisdiction. This would meet the demands of conservatives who have long complained that the Clean Air Act is an inappropriate vehicle for regulating greenhouse gases.