Climate Change

Secretary Kempthorne Announces Listing of Polar Bear as Threatened Under the Endangered Species Act, But Attempts to Limit the Listing’s Role in Regulating Climate Change

Secretary of the Interior Dirk Kempthorne announced on May 14, 2008 that he is accepting the U.S. Fish and Wildlife Service’s (Service) recommendation to list the polar bear as threatened under the Endangered Species Act. The news release with this announcement is available at the U.S. Fish & Wildlife Service Endangered Species Program Website and the final rule listing the polar bear is available at the U.S. Department of the Interior Website. Secretary Kempthorne noted that the listing is based on the best available science, which shows that the loss of the polar bear’s sea ice habitat is threatening, and will likely continue to threaten, the polar bear’s survival.

Beware of People With Agendas

Last week a major world leader outlined a series of policy steps to stop the increase in the emissions of greenhouse gases in his country and then to reduce those emissions.  He suggested a timetable for doing so, and proposed the adoption of incentives, subsidies and requirements to increase renewable fuels, implement greater energy efficiency, generate more renewable electricity, develop carbon-free energy from coal, and foster nuclear power development.  One would think that his policy proposals would be the subject of serious consideration and substantive discussion, if not outright agreement in some quarters.  But, for the most part, the reaction has consisted of scoffing, derision and dismissal.  The problem, of course, is that the world leader in question was George W. Bush, and the messenger very much got in the way of the message he delivered in his speech in the Rose Garden on Wednesday, April 16, 2008.  The reactions to the President’s remarks say more about the state of climate change policy than does the speech itself and provide an instructive glimpse into the multi-layered agendas of the stakeholders in the climate change policy arena.

EPA Seeks Comment on Draft Greenhouse Gas Report

On March 7, 2008, EPA published a Notice of Document Availability and Request for Public Comments on its "Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2006".  The final Report will be the latest in a series of annual submittals by the United States to the Secretariat of the United Nations Framework Convention on Climate Change.  The data and methodologies used in the Report, when finalized, will also very likely influence the substance of EPA's greenhouse gas reporting rules, which EPA is required to promulgate by June 26, 2009 (see the Holland & Hart Climate Change Law Blog post dated February 14, 2008, for more information on the GHG reporting rules).  The EPA reporting rules in turn are expected to influence the reporting requirements under a mandatory greenhouse reduction program when such a program is eventually enacted by Congress.  The Draft Report is organized according to source categories and sectors, including energy, industrial processes, solvent use, agriculture, land-use change and forestry, and waste.  There is also the ubiquitous "other" category.

Wyoming Leads Nation with Clean Coal Legislation: State First to Establish Carbon-Capture Regulatory Framework

On March 4, 2008, Wyoming Governor Dave Freudenthal signed into law two bills intended to resolve ownership and regulation issues associated with the underground storage of carbon dioxide. With the Governor’s signature, Wyoming became the first state to enact comprehensive carbon sequestration legislation establishing a legal framework for underground storage of carbon dioxide and other emissions from coal-fired power plants.

Rocky Mountain Mineral Law Foundation Special Institute on Climate Change

The Rocky Mountain Mineral Law Foundation is presenting a Special Institute on Resources Development and Climate Change on April 10-11, 2008 in Phoenix, Arizona.  The Program Chair for this Special Institute is Holland & Hart attorney James Holtkamp, who will speak on the relevance of climate change to resources professionals. 

EPA Required to Develop Greenhouse Gas Emission Reporting Rules

On December 26, 2007, President George W. Bush signed into law the Consolidated Appropriations Act of 2008 (H.R. 2764). The Act includes a simple one paragraph directive to the United States Environmental Protection Agency (EPA) to publish a draft rule within nine months (by September 26, 2008), and a final rule within 18 months (by June 26, 2009), which would “require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the United States.”

The Climate Registry: How Your Organization Can Get Involved

On February 4, 2008, The Climate Registry gave a presentation at the Colorado Department of Public Health and Environment to educate Colorado community members about the organization.  The Climate Registry is a non-profit organization established by states, tribes, and provinces in North America as a mechanism to measure greenhouse gas (GHG) emissions consistently across industry sectors and borders.

The Voluntary Carbon Market: Caveat Emptor No More?

Carbon credits have been much ballyhooed in the media of late.  Everyone from Leonardo DiCaprio and Bank of America seems to have them.  But even as the market for carbon credits grows, so does the skepticism about their authenticity and quality.  In large part, the skepticism reflects the absence of a regulatory system governing the creation and sale of carbon credits in the United States.  Some of the credits represent real verified reductions of carbon emissions under established protocols.  Others, however, are not supported by rigorous quantification and verification methodologies. 

The King Is Dead - Long Live The King!

Earlier this week, the Kansas Department of Health and the Environment denied a proposed permit for the Sunflower Power Plant, citing the emission of uncontrolled CO2 as the primary reason.  Other permits and proposed permits for coal-fired generation facilities are under siege.  The PSD permit for the Bonanza waste coal unit in Utah is not only being appealed to the Environmental Appeals Board, but is the subject of much verbiage in certain congressional offices.  Senator Reid has announced his steadfast opposition to new coal-fired generation, including two major plants in his home state of Nevada.  The Los Angeles Department of Water and Power has declared its intention not to allow a third coal-fired unit at the Intermountain Power Plant in western Utah (which is operated by LADWP), citing the need for the land and facilities to be used for future unspecified renewable energy projects.  California is busily developing the rules to implement its ban on imports of new coal-generated electricity. The mayor of Salt Lake City has been appearing with local rock bands, singing original compositions about the evils of coal.  And that’s just in the West. 

Peace With Nature in Costa Rica

On February 21st, I wrote in my entry, "The Ticos, Their Trees, and Climate Change" about Costa Rica and the avoided deforestation activities taking place there. On September 19th, I visited Costa Rica for what was an exciting culmination of work with the Salt Lake City nonprofit Pax Natura ("Peace With Nature") to sell carbon credits derived from avoided deforestation activities in Costa Rica.