EPA Chief Johnson refuses to regulate GHG until end of the Bush administration
On June 8, 2007, EPA Administrator
Stephen Johnson announced at a hearing before the
Select Committee on Energy Independence and Global Warming
entitled
Massachusetts
v. U.S. EPA:
Implications of the Supreme Court Verdict
that he would neither
decide whether to regulate GHG emissions from vehicles, nor make a decision on
California's Dec. 2005 waiver of federal preemption, until late in 2008. Washington Representative Inslee called his response grossly unsatisfactory,
but California Attorney General Jerry Brown claimed not to be surprised by
Johnson's obfuscation and dissembling, and was apparently resigned to a law
suit, as promised by Governor Schwarzenegger on April 25, 2007.
See EPA, NHTSA Heads and California, Massachusetts Attorneys General to
Appear Before Select Committee; Hearing To Examine Bush Administration's
Response to Mass. v. EPA, June 6, 2007, available at: http://www.house.gov/apps/list/press/global_warming/june6EPAadvisory.shtml
and Frank Davies, EPA chief puts off emissions issue until
2008, Contra Costa Times, June
9, 2007, available at: http://www.contracostatimes.com/ci_6102558.
POSTED BY Deborah AT 6/14/2007 10:54 AM
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IPCC's Working Group III Reports
Mitigation of Climate Change, the third section of the IPCC's Fourth Assessment Report, was issued on May 4th. Although clear evidence shows that GHG emissions have increased 70% between 1970 and 2004, and will continue to grow unless consumption is seriously curtailed, the report concludes that emissions stabilization can be achieved at costs, projected at 3% global GDP, that do not disrupt the global economy. See
Climate Change Can Be Tackled: The growth in greenhouse gas emissions can be curbed at reasonable cost, experts at a major UN climate change conference in Bangkok have agreed
, BBC News, May 4, 2007.
POSTED BY Deborah AT 5/04/2007 3:09 PM
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Germany
A
new report issued April 25th questions the claim that nuclear energy
is either less expensive or more environmentally friendly than other power
sources. The Environment Minister, Sigmar Gabriel, concluded that Germany should
focus on renewable energy sources and continue with its plan to close down
nuclear reactors. See Germany
Highlights Costs, Impacts of Nuclear Energy, BNA International Environment Daily, May 2, 2007.
POSTED BY Deborah AT 5/02/2007 1:45 PM
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The EPA Green Power Partnership
The EPA Green Power Partnership
began in 2001 to 'recognize the growing number [of] companies and organizations
that have committed to green energy use.' It identifies the Top 25 Partners list,
launched in 2004, for the 25 largest purchasers of green power from renewable
resources; the Fortune
500 Green Power Challenge, launched in late 2006, to acknowledge the
collective green power purchases of Fortune 500 companies; and the 100 Percent Green
Power Purchaser list of organizations that meet 100% of their U.S. electricity
needs from green power. On May 1, 2007, PepsiCo
headed all three lists. See Dave Ryan, EPA
Recognizes Largest-Ever Corporate Green Power Purchase, EPA Newsroom, April 30, 2007.
POSTED BY Deborah AT 5/01/2007 4:53 PM
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Australia
On
April 27, 2007, Climate
Institute reported that Australia's
GHG emissions are growing at an increased rate that will make achieving its
Kyoto Protocol target unlikely. Although Australia
and the U.S.
are the only developed nations that did not ratify the Protocol, Australia is
determined to meet the goal it accepted under it. Environmental groups and the
Australian Green party have issued reports urging stronger GHG emissions goals,
zero electricity growth by 2010, and for 25% of electricity to come from
renewable energy sources by 2020. See Murray Griffin, Report Questions Australia's
Ability to Meet Kyoto Goal Despite Government Commitment, BNA International Environment Daily, May
1, 2007. The article includes cites to the reports:
The Greens' report, Re-energizing Australia, is available at http://www.greens.org.au/library/campaigns/climate/Re-Energising_Australia_long.pdf. The report by environmental groups,
A Bright Future, is available at http://www.acfonline.org.au/uploads/res_a_bright_future.pdf.
POSTED BY Deborah AT 5/01/2007 1:51 PM
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International Polar Year
The IPY
began March 1, 2007, and will continue until March 1, 2009, with over 60
nations participating in the research activities. The National Science
Foundation is the lead agency for U.S. activities, and NASA is one of
the participants. A video entitled NASA
and IPY is available from NASAs Web site. This scientific occasion should
be especially significant, given the many recently reported
climate-change-related events at the poles.
POSTED BY Deborah AT 4/30/2007 4:19 PM
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Federal Register Notice re. California's GHG emissions regulations
On April 30, 2007, EPA published a notice of public hearing and request for comments on California's GHG emissions regulations for passenger cars, light-duty trucks and medium-duty passenger vehicles beginning with the 2009 model year. The GHG regulations, adopted so far by 11 other states (2 more are in the process of adopting them), are mentioned in Global Warming: A Comparative Guide in the discussion of Massachusetts v. EPA and Administrator Johnson's April 24th testimony before the Senate Committee on Environment and Public Works. The notice can be found at 72 (82) Federal Register 21260 (April 30, 2007). The hearing is scheduled for May 22, 2007, and comments will be received until June 15th, 2007.
POSTED BY Deborah AT 4/30/2007 1:56 PM
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Third Section of IPCC's Fourth Assessment Report Due This Week
The third section of the IPCCs Fourth Assessment Report, entitled 'Mitigation of Climate Change,' is due to be released on Friday, May 4, 2007, in Bangkok, Thailand.
Four hundred scientists and experts from about 120 countries are meeting there now to finalize the
draft's wording. According to the BBC, the report will play an important
role in the negotiations on climate change at the G-8 meeting in June, and in
those on the next commitment period of the Kyoto Protocol, which will begin in
December on Bali.
See Bangkok hosts key
climate summit: Climate change experts are meeting in Bangkok for a major
conference to discuss ways to combat global warming, BBC News, April 30, 2007.
POSTED BY Deborah AT 4/30/2007 1:31 PM
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Intergovernmental Panel on Climate Change: Part II of the Fourth Assessment Report
The
second part of the IPCCs Fourth Assessment Report, entitled Impacts, Adaptation, and Vulnerability was
released on Friday, April 6, 2007.
Notes:
See Alister Doyle, Tropical
Losers, Northern Winners from Warming?,
Scientific American.com, April 2,
2007; Andrew C. Revkin, Poorest
Nations Will Bear Brunt as World Warms, New
York Times, April 1, 2007, at sec.1, p.1; Richard A. Kerr, Worse to
Come From Global Warming, ScienceNOW Daily News, April 6, 2007.
Although
some areas in the northern hemispheres will temporarily benefit from global
warming, poorer nations that are already at risk from climate changes are
likely to suffer the most. The report recommended prompt adjustment in
vulnerable regions of the world, which include the Arctic, sub-Saharan Africa, small islands, and Asian river
deltas.
Notes:
See James Kanter & Andrew C. Revkin, Emissions
Already Affecting Climate, Report Says, New
York Times, April 6, 2007, and Andrew C. Revkin, U.N.
Draft Cites Humans in Recent Climate Shifts, New York Times, April 5, 2007, at A6.
POSTED BY Deborah AT 4/11/2007 4:54 PM
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Massachusetts v. EPA
The
case came down on April 2, 2007, in a 5-4 decision in favor of petitioners. The
opinion was written
by Justice Stephens; two dissents were written by Chief Justice Roberts and
Justice Scalia and joined by the other conservative justices. The majority held
that petitioners had standing to sue; that greenhouse gases were air pollutants
within the Clean Air Act's broad definition, and that therefore EPA has the
statutory authority to regulate their emission from new motor vehicles; and
that as the agency's rationale for not regulating was not reasonably related
to the statute, it was arbitrary, capricious or otherwise not in accordance
with law. The court recommended that if the agency cannot show that CO2 is not
implicated in global warming, the agency should regulate it. The Chief
Justice's dissent focused on standing, which he would have denied; Justice
Scalia thought the court should not interfere with the discretion of an
executive agency.
Notes:
The slip opinion is available at: http://www.supremecourtus.gov/opinions/06pdf/05-1120.pdf;
Environmental Defense's article, Court Rules 5-4 in Massachusetts
versus EPA: Supreme Court finds that EPA can regulate heat-trapping pollution,
putting pressure on Congress to act on global warming, is available at: http://www.environmentaldefense.org/article.cfm?contentID=5623.
See also, US 'must regulate car pollution': The highest court in the US has
ruled that the government was wrong to say it did not have the power to
regulate exhaust gases from new cars and trucks, BBC News, April 3, 2007, available at: http://news.bbc.co.uk/2/hi/americas/6519923.stm; Linda
Greenhouse, Justices
Say E.P.A. Has Power to Act on Harmful Gases, New York Times, April 3,
2007, at A1; EPA Provided Insufficient Rationale For Declining to Cut
Greenhouse Gases, 75 (37) U.S. Law Week
1583 (April 3, 2007), available at: http://pubs.bna.com/ip/bna/LAW2.NSF/eh/a0b4f3h3f2;
Andrew S. Neal, Supreme Court Finds EPA Has Authority To Regulate Greenhouse
Gases From Vehicles, BNA International
Environment Daily, April 3, 2007, available at: http://pubs.bna.com/ip/bna/ied.nsf/eh/A0B4F3U0Y5.
The
decision may push Democrats in Congress to pass new legislation to curb or cap
GHG emissions in the U.S.,
but it is now considered inevitable that U.S.
emissions will be regulated either by Congress or by EPA.
Note:
See Dean Scott, Ruling May Accelerate Congressional Action Toward Passage of
Cap-and-Trade Legislation, BNA International
Environment Daily, April 3, 2007, available at: http://pubs.bna.com/ip/bna/ied.nsf/eh/A0B4F3U2C5.
Although
Mr. Bush stated on April 3d that he considered the measures he has taken to be
sufficient, the opinion was welcomed by Congress and the states, 40 of which
have filed at least 300 bills addressing GHG and climate change.
Note:
See Felicity Barringer & William Yardley, Bush Splits on Greenhouse
Gases With Congress and State Officials, New
York Times, April 4, 2007, at A1.
However, one commentator, from his long experience dealing
with the Clean Air Act, has no faith that EPA will do anything significant
anytime soon, at least not until new and improved legislation is enacted, if
then. He distrusts Congress's ability to make the tough choices that are
necessary to deal with the problem.
Note: See David Schoenbrod, What Next on Global Warming?, Wall
Street Journal, April 5, 2007, at A12.
POSTED BY Deborah AT 4/11/2007 4:46 PM
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New Actions
These
updates to Global
Warming: A Comparative Guide to the E.U. and the U.S. and Their Approaches to
the U.N. Framework Convention on Climate Change and the Kyoto Protocol
include the release on April 2d of the U.S. Supreme Court's important
decision in Massachusetts v. EPA, which surprised many observers by
holding in favor of petitioners; and the publication of the second part of the
IPCC's Fourth Assessment Report on Friday, April 6th, entitled Impacts,
Adaptation, and Vulnerability.
POSTED BY Deborah AT 4/11/2007 4:31 PM
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