Who is representing the US at COP23?

Posted on November 15, 2017 by yasin

You are on your way to COP23, the place to be for everything climate change. You walk through the doors and find yourself among hundreds of people from all over the world, running from one session to the other, with a quick stop perhaps for a cup of coffee. You attend negotiations and presentations, and develop an understanding of what is important to a country or a block of countries as they attempt to reverse the alarming rise in the planet’s temperature.

After a day or two, the chaos becomes normal and all the different languages you overhear start having a familiar tone. You begin to appreciate the setting: located by the Rhine and intersected by a city park, dotted with ponds where ducks, geese, and swans keep residence. It is beautiful. Then, as you are waiting for an electric car/bus to take you between the Bula and Bonn Zones, you notice a white dome shaped building to the side. Curious, you head there and find a sign for the U.S. Climate Action Center. Peppered throughout the place is the hash tag #wearestillin.

You feel surprised because the U.S. declared its intention to withdraw from the Paris Agreement. But a list of this Center’s events shows these presenters: Al Gore, Senator Ben Cardin of Maryland, Governor Jerry Brown of California, Governor Kate Brown of Oregon, and Governor Jay Inslee of Washington. In other words, a collection of American environmental rock stars and members of the U.S. Climate Alliance fill the place.

But then you notice that the U.S. delegation is hosting a “side event” titled The Role of Cleaner and More Efficient Fossil Fuels and Nuclear Power in Climate Mitigation. Unlike events held at the U.S. Climate Action Center, which attracted many attendees, this event drew protests. So who is representing the United States?

A closer look at the U.S. Climate Action Center shows that it as an effort by California Governor Jerry Brown that is funded by former New York City Mayor Michael Bloomberg. It has attracted a collection of states, counties and municipalities; colleges and universities; businesses; non-profit organizations; faith organizations; and ordinary citizens. All told, the U.S. Climate Action Center spans all fifty states, 127 million Americans, and $6.2 trillion, all intent on honoring continued U.S. commitment to the Paris Agreement. A delegation called the People’s Delegation at COP23 pledged to the UNFCCC that “we are still in.”

The U.S. delegation, with representatives from the State Department and the Environmental Protection Agency (EPA), is the delegation of record. It, and only it, has the authority to negotiate on behalf of the U.S. (at least till the U.S. projected exit in 2020). But I believe the delegation that can effectuate the goals of the Paris Agreement has the upper hand. If “we are still in” manages to reduce GHG emissions in the U.S., then they are the delegation of record!

Protestors as Nonparty Stakeholders

Posted on November 11, 2017 by michaela

Today at COP23, the United States Climate Action Center event “America’s Pledge on Climate Change,” had speakers that included Walmart’s Senior Vice President of Sustainability, the Mayor of Pittsburgh, California Governor Jerry Brown, and New York Mayor Michael Bloomberg. They reassured the world that America’s Paris contribution would be met regardless of inaction at the federal level. Pittsburgh Mayor Bill Peduto showcased Pittsburgh’s work to turn around its recession by creating new opportunities for industry workers in a post-industrial city; he cited the BlueGreen Alliance, which was formed between the United Steelworkers and the Sierra Club on a mission that there should not be a choice between jobs and the environment.

Governor Jerry Brown was the star of the morning because of the immense leadership role he and the State of California have taken on climate. However, he was interrupted by groups of vocal protesters who stood up from the crowd with big banners shouting, “Keep it in the ground.” The protest was organized by the It Takes Roots delegation, a group of indigenous and marginalized peoples working on climate justice issues, who were speaking out against local industry pollutants in communities. This head-to-head confrontation immediately chilled the room, which was enjoying the congratulatory atmosphere of the event. Before long, someone attempted to initiate a pro-Governor Brown chant.

Making sure the world recognizes that American cities, states, and businesses are committed to tackling climate change is a worthwhile endeavor. This strengthens negotiations, especially when there has been emphasis placed at the COP on increasing ambition before 2020. However, the way the protesters were approached at this morning’s event was not in the true spirit of COP23. The ‘Pacific COP’ is a COP that prides itself on hearing Indigenous voices and nonparty stakeholders. This would have been an opportunity to showcase this effort. This also serves as a reminder that in the face of not only climate change but also a transition to a low-carbon economy, it is imperative that vulnerable communities are not left behind.

Implementing Adaptation for Resilient Mediterranean-climate Regions

Posted on November 16, 2016 by deej

One of the side events at COP 22 today presented best practices and case studies for implementing adaptation in Mediterranean-climate regions, with a focus on: consumer behavior; stakeholder and citizen participation; health; and climate policy. The speakers identified ways that sub-national governments can increase adaptation efforts. Surprisingly, few of the case studies involved countries along the Mediterranean Sea. Instead, the speakers focused primarily on initiatives and policies in South Africa and California, both of which are primarily mediterranean climates. In fact, mediterranean-climate regions can be found on every continent but Antarctica.

The Mediterranean basin gives the climate its name, and more than half of world’s mediterranean climates are found in this region. However, the mediterranean climate can also be found in regions in southwestern Australia, central Chile, coastal California, northern Iran, and southwestern South Africa. Mediterranean climate zones are characterized by hot, dry summers and mild, wet winters. These regions experience pronounced climactic changes between season, most notably in terms of temperature and rainfall changes. Mediterranean climates cover just 3% of world but account for 20% of plant biodiversity and house over 200 million people. Most large, historic cities of the Mediterranean basin, including Athens, Barcelona, Beirut, Jerusalem, Rome, and Tunis, lie within mediterranean climatic zones, as do major cities outside of the Mediterranean basin, such as Casablanca, Cape Town, Perth, Los Angeles, and San Francisco. Many of these cities are major coastal cities and biological hotspots supported by tourism-based economies that are especially vulnerable to the impacts of climate change.

The dense populations in these cities concentrate the demand for services and infrastructure, which increases the city’s vulnerability to climate change. These regions will experience an increase in their average temperatures, declining air and water quality, increased frequency and intensity of droughts and heat waves, and an increase in ground-level ozone. These impacts will lead to loss of habitat, decreased biodiversity, and water shortages. Climate change will also greatly impact human health. For example, during a prolonged heat wave in Los Angeles in 2006 more than 16,000 excess emergency room visits were reported. Just last year Jerusalem experience 5 straight days of snowfall, something that has not happened in decades, which shut down highways and crippled the city’s infrastructure. Additionally, as food and water become more scarce, populations will begin to migrate to cities in search of subsistence and further exacerbate the impacts of climate change. The first step governments should take in addressing this problem is changing how they view these migrants. Instead of seeing migrants as a political issue that is separate from climate change they must change the paradigm to one that views them as what they really are: climate refugees.

While cities are the source of many climate-related problem, they can also be the source of the solutions. The Intergovernmental Panel on Climate Change underscored the urgent need for cities to act in its last assessment report. The building sector has the greatest potential for delivering significant and cost-effective adaptation benefits through improved design and smarter technologies to conserve energy. Many of these measures would have co-benefits too, including reductions in noise and waste. Cities can also adapt to climate change by improving their infrastructure. For example, Los Angeles is investing in bus line, pedestrian walkways, and improving bike safety. Cities must continue working to keep the lights on, people employed, and emissions down. These concerns are not limited to mediterranean-climate regions and should be comprehensively addressed by all levels of government to reduce their vulnerability and increase their capacity to adapt to climate change.

Are US COP21 pledges in trouble? UPDATE

Posted on February 15, 2016 by tbach

2/19/16 UPDATE: Since my post on Monday, Todd Stern, U.S. Special Envoy on Climate Change, has weighed in. Speaking from Brussels, where he was meeting with the EU’s Climate and Energy Commissioner, Stern was quoted as saying “it is entirely premature, really premature to assume the Clean Power Plan will be struck down but, even if it were, come what may, we are sticking to our plan to sign, to join. We’re going to go ahead and sign the agreement this year.” He pointed out how different the situation President Obama faces when signing the US on to the Paris Agreement than President Clinton’s support of the Kyoto Protocol that was then abandoned by his successor, President George W. Bush. “Paris was seen as such a landmark, hard-fought, hard-won deal that, for the U.S. to turn round and say we will withdraw, that would inevitably give the country a kind of diplomatic black eye that I think a president of any party would be very loath to do.” He added: “We think we are going to prevail in the court but we are going to go ahead and sign the agreement this year. Period. And we are not in any way going to back away from our 2025 targets.”
* * *

This has been the question of the week in the US environmental community (and to some degree, in the international community as well).

The US Supreme Court granted a stay on Tuesday to the plaintiffs challenging EPA’s authority to devise the Clean Power Plan (CPP) under its Clean Air Act rulemaking authority. In Paris and at home, the CPP has been described as the cornerstone of US pledges under the Paris Agreement.

While a stay is only a procedural decision that stops implementation of a challenged law during litigation, the fact that five out of nine SCOTUS justices granted it caused a collective gasp last Tuesday night in the enviro law community. Why?

First, and foremost, no one was expecting it. The plaintiffs’ motion for a stay had already been denied by the D.C. Circuit (which will hear the case on the merits in June). This ruling was accepted by both sides of the lawsuit as well grounded in precedent. In fact, many saw the appeal to the Supreme Court as a “hail Mary” pass. (No Cam Newton jokes here.) Second, the stay indicates that at least five justices think that the plaintiffs could be harmed by complying with a rule that, when it inevitably arrives at the Supreme Court after the D.C. Circuit’s decision, may be held invalid.

Reading the blogs and Tweets of the last six days, it’s safe to say that the jury is out on what this SCOTUS decision means for the CPP and for the Paris pledges. One slice of expert opinion talks everyone off the ledge by reminding us that it’s just a short-term procedural victory, not a decision on the merits. David Doniger of the Natural Resources Defense Counsel (NRDC) embodies this effort in this interview.

On the impact of the stay at home, there’s a difference of opinion. The Washington Post reported that “about 48 hours after the court’s decision, major utility companies are reacting to the move with a collective shrug.” The largest trade association of electricity providers, Edison Electric Institute, was quoted saying that “electric utilities are investing in clean energy and pursuing energy efficiency” regardless of legal challenges to the CPP — even companies, like AEP, who are listed among the plaintiffs. Pointing to Congress’s recent renewal of clean-energy tax credits and increasing private sector investments in clean-energy projects, EPA Administrator Gina McCarthy adds that “the CPP is underpinning a [market] transition that is already happening and will continue to happen.” States like New York and California immediately called press briefings to state their continued implementation of the CPP. A variety of state official responses, similar in tone, have been collected by the Georgetown Climate Center. Yet Justin Pidot of the University of Colorado School of Law reads the stay as a sign that the coal industry is “too big for EPA to regulate absent an express congressional directive.”

On the international impact of the stay, observers express concern at the high level of international relations more than in the nitty gritty detail of achieving the Paris pledges. Michael Gerrard of Columbia’s Center for Climate Change Law emphasizes that while the CPP is important to the US plan for mitigating GHG emissions, it’s not the only game in town. Gerrard points to several facts in his blog post on Wednesday that the mainstream media hasn’t clearly picked up. First, the CPP doesn’t fully kick in until well into the longer-range US INDC pledges. Citing the US’s Biennial Report (a required communication under the UNFCCC) that was filed just last month, Gerrard points out that the CPP’s actual emissions reductions do not begin until 2022, and thus don’t affect the 2020 pledge of reducing 17% below 2005 levels. In terms of the 2025 pledge of 26% to 28% reduction, Gerrard sees that the US was also relying on fuel economy and energy efficiency standards, phasing out hydrofluorocarbons (HFCs) under the Montreal Protocol on Substances that Deplete the Ozone Layer, reducing methane emissions, and for the ultimate reach, counting forests and other vegetated land masses as GHG sinks.

In contrast, Michael Wara of Stanford Law School believes the US’s international reputation for making good on the Paris Agreement pledges — already weakened by our unreliable behavior on the Kyoto Protocol — took a hit from the stay, especially given our bilateral negotiations with China and India and the role that the CPP-based reductions played in them. (He also sees “significant ramifications” for the U.S. electric power sector given that continued uncertainty in regulating carbon hurts long-term electric utility investments, which could result in higher prices for consumers and competitive disadvantages in trade. (This post from the law firm of Stoel Reeves provides more details on this point.))

Now, with Justice Scalia’s death two days ago and the ensuing debate about who will appoint his replacement, the role of the Court in US domestic climate change law and its international commitments is even more acute.

California Leads Subnationals in Setting a High Bar for COP21 Negotiators

Posted on December 10, 2015 by sara

Mary Nichols, Chair of the CA Air Resources Board presents to UCLA & Vermont Law Students (Photo courtesy of Tracy Bach)

The VLS delegation had the privilege yesterday to attend an intimate presentation given by Mary Nichols, Chair of the California Air Resources Board, and Ken Alex, the Director of the Governor Jerry Brown’s Office of Planning and Research. Mary and Ken candidly addressed a group of professional students and professors from UCLA and Vermont Law School while a documentary crew followed Mary’s every move and captured the group’s reaction.

These representatives of the California state government offer a surprisingly powerful presence at COP21. The commitments and strategies of subnational groups have been a major topic of conversation this week since these groups, including U.S. states, represent key stakeholders in the movement to address climate change. According to some sources, “in order to keep global temperatures from rising 2˚C by 2050, the world needs to cut 8 to 10 gigatonnes of carbon emissions by 2020.” Our mitigation goal will be even higher if the negotiators ultimately agree on maintaining temperature rise at or below 1.5˚C. Yet, the U.N. Environmental Program reports that agreements between subnational governments to reduce emissions could prevent 3 gigatonnes of carbon from entering the atmosphere by 2020. Cooperation and ambition amongst subnationals is therefore crucial to reaching our COP21 goals.

Governor Brown speaks for subnationals (From: the Office of Governor Brown)

California is a particularly important piece of the puzzle. According to Ken Alex, the state represents 1.3% of global emissions and has a larger economy than 188 of the 195 countries that have ratified the UNFCCC. The state therefore has a large role to play, and so far, it has exceeded expectations. California is leading a group of more than 123 subnational jurisdictions (including Vermont), which represent $9.9 trillion in GDP and 720 million people, in pursuing more ambitious goals than those identified in the anticipated Paris Outcome. This group of signatories to the Under 2 MOU is aiming to reduce emissions 80 to 95% below 1990 levels by 2050, or to achieve a two tons per capita CO2 emissions limit.

Under Governor Brown and Mary Nichols’ leadership, California is making progress toward addressing these goals. The California cap and trade scheme is gaining traction, partnering with Quebec and, hopefully soon, with other states. The state is also the only one in the country allowed to implement its own, more rigorous, mobile air emissions standards. These standards have subsequently been adopted in other international cities, including in Beijing.

Governor Brown and former Governor Schwarzenegger meet to discuss climate change. (From: LA Times & Christophe Petit Tesson / EPA)

To promote California’s progress and inspire other global leaders, several California representatives have presented at COP21 over the last several days. Governor Jerry Brown welcomed new signatories to the Under 2 MOU in the German Pavilion at Le Bourget. Arnold Schwarzenegger spoke on behalf of Austria at the beginning of the week, and later conducted meetings with the current governor of California. Other state representatives, like Mary Nichols, are also participating in discussions throughout the event, including in a session dedicated entirely to California at the U.S. Pavilion.

We will continue to track the inspiring action of subnationals throughout the event, particularly those of U.S. states like California and Vermont.

Subnational leaders leading the way

Posted on December 9, 2015 by linda

“Under 2 MoU” – no it’s not Prince’s latest song, it is the initiative of subnational leaders (Mayors and Governors) committing to limit emissions below 2 metric tons per capita by 2050 which is the amount of reductions needed to limit global warming to less than 2°C. This initiative, supercharged by the leadership of Governor Jerry Brown of California, has grown to include 65 jurisdictions from 20 countries spanning 5 continents. The commitments collectively represent “more than $17.9 trillion in GDP and 588 million people. If the signatories represented a single country, it would be the largest economy in the world by GDP, surpassing the United States.” These subnational efforts can have a real and positive effect to galvanize action at COP 21. They hope to influence other leaders and national governments to follow their lead. Governor Inslee of Washington State proudly declared at the Conference: “Let me say that we rebel against the term ‘subnationals’, we think we are supernationals… we are leading the charge with super work here.”

And that work will need to continue after Paris. These subnational leaders are the ones implementing the many of the efforts to be undertaken in the Agreement. Subnational reductions represent 50% of the potential emission mitigation. These leaders are the ones in charge of directing transformative change in our daily lives in the sectors of transportation, air quality, land use, and building codes.

It was no coincidence that the panelists at the COP 21 press briefing were from the North American Pacific Coast. As Governor Inslee noted: “The West coast lives on innovation – it’s our stock and trade”. He, along with Governor Brown, Mayor Schaaf of Oakland, CA, Mayor Robertson of Vancouver and Mayor Pollak of Montreal, emphasized that Developed Country Parties must act on climate change now or it will cost trillions to fix it in the future. The world needs to stretch to reach the climate goal and local governments can push and provide example for 100% renewables and innovative ways to decrease emissions as a whole. A creative economy will find these solutions.

Green Jobs Now

While some jobs in the “old” economy will be lost, there are new opportunities in the green economy to benefit global health. A green economy creates jobs. The proof lies in the example from British Columbia which put a tax on carbon in 2008. Carbon-intensive industries were able to take a staged approach and given relief as they proceeded to become green. The benefits have been seen over multiple years with emissions reductions and an increase in the economy despite the global financial crisis. The tax is revenue-neutral; it is returned in the form of tax reduction. Therefore, this is an economic stimulus! The transition to clean energy has stimulated the economy of Oakland where the Rising Sun Energy Center is training people coming out of prison and high school graduates to do energy audits and provide skills in installing solar panels and other construction work associated with green energy.

However, it is not only the developed global north who are implementing these initiatives. The second group of panelists was composed of leaders from forest-rich developing countries. The panel included; Governor Ayada of Cross River State, Nigeria; Governor Gambini of Ucayali, Peru; Governor Sandoval-Diaz of Jalisco, Mexico; and Governor Melo de Oliveira of Amazonas, Brazil. These countries must find finds ways to promote green jobs to supply their poor citizens with sustainable development and be provided with sufficient support to preserve their resources. They need to find the balance between providing a livelihood to their people and preserving the wealth of their forests. Creatively, Nigeria has seen growth in green economy. They have provided jobs for their youth as the “green police” who discourage the cutting trees and plant new ones to absorb CO_2.Not only is this a means of conservation, it also combats desertification. Peru has been able to reclaim approximately 1 million hectares of degraded areas for re-forestation. Amazonas, home to millions of acres of the “lungs of the world”, is also home to both acai and camu-camu fruits which are used commercially. Investment in Amazonas’ biodiversity makes it ripe for new sustainable development.

Sustainability is key; developed countries must recognize that their forests represent the wealth of these developing areas. Engagement in a critical dialogue with regard to aid is necessary to ensure the health of the land and all the peoples of the world. As these panelists demonstrate, innovative efforts at the subnational level can lead the world to a transformative economy that keeps the environment safe.

Fracking: COP21 as “the scoreboard, not the game”

Posted on December 9, 2015 by annie

Panel for Side Event on Keeping Fossil Fuels in the Ground: the International Movement to Ban Fracking

Panel for Today’s Side Event on Keeping Fossil Fuels in the Ground: the International Movement to Ban Fracking

“If you’re looking for good way to heat up the earth fast, poke holes in the earth and let methane pour out.” This is how Bill McKibben of 350.org described hydraulic fracturing (fracking) at today’s side event on the international movement to ban fracking. Sandra Steingraber of EcoWatch pointed out how both methane and CO₂ have to be considered in the fight against climate change. The side event’s moderator asked McKibben how to use what is going on at COP21 to put pressure on the United States and other countries to get a better outcome on fracking. McKibben said that COP21 is “the scoreboard, not the game. The main thing to do is come out of here ready to take on the next set of fights and next set of activism.”

In September, the Center for Biological Diversity released a report on fracking in the United States entitled “Grounded: The President’s Power to Fight Climate Change, Protect Public Lands by Keeping Publicly Owned Fossil Fuels in the Ground.” The report addresses the president’s authority to stop new leasing of federally managed and publicly owned fossil fuels from extraction, start withdrawing lands and oceans from availability, and keep carbon reserves in the ground. Panelists focused on fracking in California, mentioning the Los Angeles Times article on California farmers using water recycled from oil fields to irrigate crops. The article highlights concerns about toxins in the recycled water contaminating crops. At the conclusion of the side event, panelists urged participants to reach out to elected officials regarding the impact of fracking on climate, water, air, food, and public health.

As goes California, so goes the Nation?

Posted on May 4, 2015 by tbach

Just a month after the U.S. submitted its Intended Nationally Determined Contribution (INDC) to the UNFCCC Secretariat, California Governor Jerry Brown has announced new, ambitious GHG emission mitigation goals for the state. While the U.S. is being chided internationally for its INDCs’ lack of mitigation and adaptation “ambition,” California is getting the limelight for stepping up.Brown’s executive order issued on April 29^th “sharply speeds up this state’s already ambitious program” to reduce GHG emissions by 80% by 2050 (off the 1990 baseline emissions). This goal, ensconced in California’s first-in-the-nation climate change law, AB32, was viewed as visionary – if not unachievable – when enacted in 2006. Under this week’s order, the state will have the interim goal of reducing emission by 40% – the halfway point – by 2030.

In announcing the new target, Governor Brown highlighted its role in giving more precise direction to the energy industry and the state itself for making investment and regulatory decisions that move one of the top ten economies in the world toward its 2050 goal.

“It’s a real test,” Mr. Brown, a Democrat, said in a speech at an environmental conference in downtown Los Angeles. “Not just for California, not just for America, but for the world. Can we rise above the parochialisms, the ethnocentric perspectives, the immediacy of I-want-I-need, to a vision, a way of life, that is sustainable?”

But of course it comes at a cost. A recent study reports that to reach this new goal, California will need to double the energy efficiency of buildings and industry, source 50-60% of its electricity from wind and solar, and spur a significant increase in hybrid and zero-emission cars. It also projects that doing so will cost each Californian household $14/month.

With these targets, California becomes a major player in the upcoming COP21 negotiations in Paris, in the “ambition” company of the EU. Said Christiana Figueres, UNFCCC executive secretary of the conference, “California’s announcement is a realization and a determination that will gladly resonate with other inspiring actions within the United States and around the globe. It is yet another reason for optimism in advance of the U.N. climate conference in Paris in December.”

California’s role in the US INDCs

Posted on January 6, 2015 by tbach

Lima’s “Call for Climate Action,” as the COP20/CMP10 decisions have been termed, is one for the 196 UNFCCC state parties to heed when preparing their intended nationally determined contributions (INDCs) before next December’s COP21. Given that only sovereign countries may be parties to treaties like the UNFCCC, and that most of them rely on a centralized government model of governance, COP discussions on climate policy typically occur between national capitols. Even with the expanded recognition of subnational governments that took root at COP19, this continues to be the case.

Clearly Governor Jerry Brown didn’t get this jurisdictional memo. Yesterday, in a speech to inaugurate his final term as California’s governor, he called for “a bold energy plan” (according to the NYT) that would reduce the state’s energy consumption beyond its already ambitious 2020 goals. Building on AB32, California’s landmark greenhouse gas emission statute enacted in 2006 when federal climate change regulation was at a low, Brown proposes three new state energy goals:

sourcing 50% of California’s electricity from renewable sources by 2030;
reducing gas consumption by cars and trucks by as much as 50% (via electric cars, thus reverting back to the importance of #1); and
doubling new building energy efficiency.

To meet them, the Governor listed a number of specific strategies in his speech, including more distributed power, expanded rooftop solar, increased micro-grids, an “energy imbalance market,” improved battery storage, full integration of information technology and electrical distribution, and adding millions of electric and low-carbon vehicles.

As Governor Brown urged in his speech, “Taking significant amounts of carbon out of our economy without harming its vibrancy is exactly the sort of challenge at which California excels. This is exciting, it is bold and it is absolutely necessary if we are to have any chance of stopping potentially catastrophic changes to our climate system.” (On the catastrophic reference, see the NYT’s embedded video on drought in CA.)

Now that’s a call to action. And one that will certainly help the Obama Administration make good on its proposed INDC pledges post COP19, recent announcement about joint China-US reductions, and use of national executive authority to achieve them — at a time when the incoming Republican Senate and House are challenging all of the above (despite a recent poll that found more than two-thirds of likely 2016 voters support the EPA’s power plant rule, including 87% of Democrats and 53% of Republicans).