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Commentary
In an otherwise slow August, the staff of the House Energy and Commerce is drafting climate change legislation . . . A study in Energy Policy finds that a third of China's GHG emissions come from exports. The study might give further fuel to interests that are advocating that any Federal climate change legislation require submission of allowances for imports of energy-intensive goods from countries that do not have an emissions cap . . . A new report suggests that concern about climate change has dimmed in the U.S. public.
Administration
- Automakers Argue for EA, not EIS, on Climate
Implications of Fuel Economy Standards. At a hearing
on the draft Environmental Impact Statement (EIS) issued by
the National Highway Traffic Safety Administration (NHTSA)
examining the climate impacts of new fuel economy standards,
the auto industry urged the agency to instead complete a
less-comprehensive Environmental Assessment (EA). In November
2007, a three-judge panel of the 9th Circuit Court of Appeals
held that NHTSA must follow the procedures of the National
Environmental Policy Act (NEPA) and consider the climate
change impacts of fuel economy standards before issuing new
standards. The Department of Justice has appealed the ruling,
seeking en banc review of the decision by the full
9th Circuit. The automakers noted that proceeding with an EIS
would moot the petition for review. The industry also has
argued that the "functional equivalence" doctrine
– which allows a federal agency to avoid the NEPA
process if it is subject to other, more specific
environmental requirements – should apply in this
instance. The automakers noted in comments on the draft EIS
scoping plan that the Energy Policy Conservation Act (EPCA)
of 1975, which established the Corporate Average Fuel Economy
(CAFE) program, and the 2007 energy bill, which raised CAFE
standards to 35 mpg by 2020, are more specific than NEPA.
Under this rationale, NHTSA would be exempt from the
requirement to prepare a full EIS. The 9th Circuit Court of
Appeals did not address the "functional
equivalence" doctrine in its opinion.
States and Cities
- New York Finalizes RGGI Regulations. New
York state's Environmental Board finalized regulations
implementing the state's participation in the Regional
Greenhouse Gas Initiative (RGGI). Under the regulations, New
York will miss the first RGGI emissions allowance auction on
September 25, but will participate in the second auction on
December 17. Although New York is not participating in the
Sept. 25 auction, New York entities regulated under the RGGI
rules may participate. New York is the largest of the 10 RGGI
members, which also include Connecticut, Delaware, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, Rhode
Island, and Vermont.
- South Carolina Advisory Committee Recommends
Emission Targets. A climate change advisory
committee appointed by South Carolina Governor Mark Sanford
recommended that the state adopt a voluntary emission
reduction goal of five percent below 1990 levels by 2020. To
meet the goal, the committee recommends a 5 percent renewable
portfolio standard, increased reliance on nuclear power,
energy efficiency programs, new vehicle emissions standards,
and subsidies for renewable energy. The report did not
include a recommendation that South Carolina join one of
several regional cap-and-trade programs in the United
States.
- 21 U.S. Cities Start Pilot GHG Emission Reporting
Program. A group of 21 U.S. cities have started a
pilot program under which they will voluntarily report their
GHG emissions. As part of the program, the cities will submit
quantitative data on the amount of emissions from city
government activities and qualitative data on their climate
change policies. Participating cities include Denver, Las
Vegas, New Orleans, and New York.
Studies and Reports
- Exports Associated with One-third of China's
GHG Emissions. A report published in the journal
Energy Policy concluded that nearly a third of
China's GHG emissions in 2005 resulted from
export-related activities, with 60 percent of those emissions
associated with production of goods shipped to developed
nations. The proportion of emissions related to exports grew
from 12 percent in 1987 and 21 percent in 2002. The 1.7
billion tonnes of CO2 associated with Chinese
exports represents 6 percent of global GHG emissions. The
report concluded that "China's exports thus play a
more important role in its environmental profile compared
with other countries."
International
- UN Climate Head Says "Time is Short" to
Develop Post-Kyoto Agreement. As international
negotiators prepare to meet in Accra, Ghana from August
21-27, United Nations (UN) Climate Change Secretariat Yvo de
Boer noted that only a year remains to develop the details of
an international agreement on climate change to take effect
in 2013. Mr. de Boer noted that only vague proposals have
been floated thus far and that specific options will have to
be on the table at least six months prior to the December
2009 meeting in Copenhagen, which parties hope to conclude
with a post-Kyoto agreement. He added that the collapse of
World Trade Organization (WTO) talks last month should not
affect the climate negotiations, and that it was unclear how
the G8 declaration in July supporting a 50 percent reduction
in GHG emissions by 2050 would affect UN discussions.
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