Hail Mary

A chat with CARB chair and candidate for EPA chief Mary Nichols 2

On Wednesday at the Governors' Global Climate Summit, we caught up with Mary Nichols, chair of the California Air Resources Board, a few minutes before she hosted the signing ceremony that culminated the event. As head of CARB since July 2007, Nichols has taken the lead in shaping and implementing California's ambitious global warming program, signed into law by Gov. Schwarzenegger in 2006.

Nichols' name is regularly floated as a top contender for the slot of EPA chief in an Obama administration -- California senator and Environment and Public Works Chair Barbara Boxer has publicly endorsed her for the position, and she was also one of the top picks in the Grist poll. The New York Times profiled her as a top possibility for the slot. (Nichols was a senior EPA official under Clinton.)

Would she take the job if offered? "I think anybody in my position would be honored to be considered for that job," said Nichols, "but I've heard nothing about the process."

What about the rumors that her boss is being considered for the position of "climate czar" in Obama's administration? "I think he'd be great at it!" she exclaimed. "He's one of those people who has a phenomenal ability to master technical issues and bring all of his energy and experience ... to whatever he does. But he's made a commitment to serve out his term as governor of the state of California, so I don't think he's going to be taking up any new jobs for a couple years."

I asked Nichols about comments she made last year to the effect that sector-specific regulations -- rather than an economy-wide cap-and-trade program -- would account for the bulk of the emission reductions in California:

I think cap and trade is essential. Without the cap, you really don't have the accounting system that tells you if you're going to meet your goals. So I didn't mean to undermine the importance of cap and trade. I think there are going to be significant reductions from other measures -- the auto industry standards, the low-carbon fuel standard. There's just so many tons out there that we're going to have to squeeze out of the economy. But without the cap, I don't think you get the buy-in that you need.

What about the question of whether to run a carbon program out of the EPA, using the powers bestowed by the Clean Air Act and clarified by Mass v. EPA, or to implement one via legislation? It's a subject of much debate and angst amidst stakeholders these days. Nichols proposed a phased implementation:

I think [EPA] ought to move ahead with the rules they have -- there's a lot they can do in terms of monitoring, reporting, designing the cap-and-trade system, developing specific rules. But at the same time, the Clean Air Act does have some weaknesses in terms of how to address multi-state or multiple pollutants. Ultimately I think it's a bridge to the future, but it's not the future by itself. We'd like to see a two-part process: we'd like to see the new administration use EPA ... and at the same time start work on a piece of legislation.

Could a climate bill get developed and passed in time for the international climate meetings in Copenhagen in 2009? "I think it's possible to get a bill next year," says Nichols confidently.

As it happens, despite our top-notch videographic technology and skills, the video of our chat (below) suffers from rather muted audio. But if you're willing to crank your speakers, here it is:

David Roberts is staff writer for Grist. You can follow his Twitter feed at twitter.com/drgrist.

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  1. wesrolley Posted 2:47 am
    20 Nov 2008

    AB-32 yes, Mary Nichols, No. While Mary Nichols has become the public face for Schwazenegger's to get to Cap and Trade, she has also failed to lead the ARB in performing it's compliance mission.
    Schwarzenegger "fired" her predecessor for failing to act to clean up air quality in the San Joaquin Valley of California.  If that were so, then Nichols should also be fired.  Just as she did at EPA, Nichols is so focused on implementing AB-32 in a manner that is not too damaging to corporations that she has not noticed that the economic cost of air pollution in that basin has gone from $3 billion / year in 2005 to $6 billion / year in 2007.

    Source: reports on air quality by California State University - Fulllerton. 2006 here, 2008 here.  If it good enough to get Sawyer fired, it should also give us all pause over lauding her too highly. There is a pattern of action, favoring glitzy market mechanisms over basic regulation,  that earned her a lot of criticism from PEER for the job she did at EPA and seems to be repeating itself in California.
    I know that there a lot of positive things about this conference.  The fact that is even happened at all may be indicative that no one is listening to the Dana Rohrabachers and James Inhofes any more. The support given by Obama signaled to all that the issue is being taken seriously at all levels of government, something that we have not had for 2 terms.  Still, there is much to criticize in the Scoping Plan that the California ARB, under Nichols direction, has put forward for review.

    Wes Rolley



    CoChair - EcoAction Committee

    Green Party US
  2. mwildfire Posted 12:30 am
    25 Nov 2008

    Thanks, WesI wondered if she would be as good as she sounded from this interview--given how good Kathleen McGinty of PA looks in her interview with Grist. Having worked on coal issues in PA, I am largely contemptuous of McGinty, who likes to "wave a green scarf around, singing cheerily" as I put it--but her friends in the coal industry need not get too anxious. As head of PA's DEP, she pushed through an ALTERNATIVE Energy Portfolio in PA--alternative rather than renewable because much of the credit comes from plants burning waste coal. At least she did also welcome Gamesa and other wind and solar energy companies to PA, which now has a lot of green jobs.

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