Climate Change Attorney Blog

In a study prepared for the National Resources Defense Council (NRDC), Tetra Tech noted the potential risk to water resources resulting from global warming. The study finds that half the counties in the lower 48 states face potential water shortages by 2050.

The study concludes in part that "as this analysis highlights, the impacts of climate change will greatly increase the number of areas where renewable water supply will be lower than withdrawal, therefore increasing the number of areas vulnerable to future water shortages."

-Steven Silverberg

I report prepared by the Zoological Society of London for release next week focuses on the potential impacts of greenhouse gas emissions and climate change on migratory species.

A release summarizing the report notes:

"Research by the Zoological Society of London (ZSL) for the United Nations Environment Programme’s Convention on the Conservation of Migratory Species of Wild Animals (UNEP/CMS) shows that even the subtle changes in environmental conditions that could be caused by climate change could have catastrophic consequences for animals that migrate."

-Steven Silverberg

On June 3 a report was released by the Joint Working Group of the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Advisory Councils concerning the impacts of climate change along the California coast in and around the San Francisco Bay area. The report summary states it "does not assess current conditions, or predict future changes. It presents scientific observations and expectations to identify potential issues related to changing climate – with an emphasis on the most likely ecological impacts and the impacts that would be most severe if they occur."

Among the issues noted in the report are:
"an observed increase in sea level as recorded at the mouth of San Francisco Bay; extreme weather events (winds, waves, storms) and resultant coastal erosion; an increase in ocean acidity and more extreme weather patterns. Bay area roadways and sewage systems have been flooded by unusually heavy rainfall. It is noted that some animals, such as Humboldt squid, gray whales, and bottlenose dolphins have experienced a northward shift, which can affect other species in their changing range. In the case of the gray whales, they now must travel much farther north and longer to find food."

As a result of these initial findings the sanctuary staff has begun drafting what it calls an Ocean Climate Initiative Action Plan.

-Steven Silverberg

The National Research Council issued three reports on May 19 calling for action to reduce Greenhouse Gases (GHGs) and to begin adapting to climate change. The three reports, Advancing the Science of Climate Change, Limiting the Magnitude of Future Climate Change and Adapting to the Impacts of Climate Change are summarized in a press release which notes the significant issues facing the country.

Included among the recommendations in the three reports are:

"The report recommends that a single federal entity or program be given the authority and resources to coordinate a national, multidisciplinary research effort aimed at improving both understanding and responses to climate change. The U.S. Global Change Research Program, established in 1990, could fulfill this role, but it would need to form partnerships with action-oriented programs and address weaknesses that in the past have led to research gaps, particularly in the critical area of research that supports decisions about responding to climate change."

"An inclusive national policy framework is needed to ensure that all levels of government, the private sector, and millions of households and individuals are contributing to shared national goals. Toward that end, the U.S. should establish a greenhouse gas emissions "budget" that sets a limit on total domestic emissions over a set period of time and provides a clear, directly measurable goal. However, the report warns, the longer the nation waits to begin reducing emissions, the harder and more expensive it will likely be to reach any given emissions target."

Continue reading "National Research Council Reports on Greenhhouse Gases" »

The EPA today issued its final rule on stationary source emissions of Greenhouse Gases (GHGs). In a press release the EPA noted:

"EPA’s phased-in approach will start in January 2011, when Clean Air Act permitting requirements for GHGs will kick in for large facilities that are already obtaining Clean Air Act permits for other pollutants. Those facilities will be required to include GHGs in their permit if they increase these emissions by at least 75,000 tons per year (tpy).

In July 2011, Clean Air Act permitting requirements will expand to cover all new facilities with GHG emissions of at least 100,000 tpy and modifications at existing facilities that would increase GHG emissions by at least 75,000 tpy. These permits must demonstrate the use of best available control technologies to minimize GHG emission increases when facilities are constructed or significantly modified.

Under the new emissions thresholds for GHGs that begin in July 2011, EPA estimates approximately 900 additional permitting actions covering new sources and modifications to existing sources would be subject to review each year. In addition, 550 sources will need to obtain operating permits for the first time because of their GHG emissions."

The final rule can be found at the EPA Website.

-Steven Silverberg

In a letter from 255 members of the National Academy of Scientists, published in Science Magazine, they claim that climate change is a fact, as is the contribution of human activity to global warming. In a sharply worded letter decrying "McCarthy-like threats" the letter states in part:

"But there is nothing remotely identified in the recent events that changes the fundamental conclusions about climate change:

(i) The planet is warming due to increased concentrations of heat-trapping gases in our atmosphere. A snowy winter in Washington does not alter this fact.

(ii) Most of the increase in the concentration of these gases over the last century is due to human activities, especially the burning of fossil fuels and deforestation.

(iii) Natural causes always play a role in changing Earth's climate, but are now being overwhelmed by human-induced changes.

(iv) Warming the planet will cause many other climatic patterns to change at speeds unprecedented in modern times, including increasing rates of sea-level rise and alterations in the hydrologic cycle. Rising concentrations of carbon dioxide are making the oceans more acidic.

(v) The combination of these complex climate changes threatens coastal communities and cities, our food and water supplies, marine and freshwater ecosystems, forests, high mountain environments, and far more."

-Steven Silverberg

The United States Environmental Protection Administration (EPA) issued a report today listing 24 indicators of the effects of climate change on the U.S. and its citizens. The report contains a number of significant findings including:

"• Greenhouse gas emissions from human activities are increasing. Between 1990 and 2008, there has been about a 14 percent increase in emissions in the United States.
• Average temperatures are rising. Seven of the top 10 warmest years on record for the continental United States have occurred since 1990.
• Tropical cyclone intensity has increased in recent decades. Six of the 10 most active hurricane seasons have occurred since the mid-1990s.
• Sea levels are rising. From 1993 to 2008, sea level rose twice as fast as the long-term trend.
• Glaciers are melting. Loss of glacier volume appears to have accelerated over the last decade.
• The frequency of heat waves has risen steadily since the 1960s. The percentage of the U.S. population impacted by heat waves has also increased."

-Steven Silverberg

The Geological Society of America issued a revised position statement on climate change noting the need to address the significant contribution of GHGs to global warming. The statement states that its purpose is to: "(1) summarizes the strengthened basis for the conclusion that humans are a major factor responsible for recent global warming; (2) describes the large effects on humans and ecosystems if greenhouse‐gas concentrations and global climate reach projected levels; and (3) provides information for policy decisions guiding mitigation and adaptation strategies designed to address the future impacts of anthropogenic warming."

The projections contained in the statement present a sobering picture of the future if action is not taken. "If greenhouse‐gas emissions follow the current trajectory, by 2100 atmospheric CO2 concentrations will reach two to four times pre‐industrial levels, for a total warming of less than 2 C to more than 5 C compared to 1850. This range of changes in greenhouse gas concentrations and temperature would substantially alter the functioning of the planet in many ways. The projected changes involve risk to humans and other species: (1) continued shrinking of Arctic sea ice with effects on native cultures and ice‐dependent biota; (2) less snow accumulation and earlier melt in mountains, with reductions in spring and summer runoff for agricultural and municipal water; (3) disappearance of mountain glaciers and their late summer
runoff; (4) increased evaporation from farmland soils and stress on crops; (5) greater soil erosion due to increases in heavy convective summer rainfall; (6) longer fire seasons and increases in fire frequency; (7) severe insect outbreaks in vulnerable forests; (8) acidification of the global ocean; and (9) fundamental changes in the composition, functioning, and biodiversity of many terrestrial and marine ecosystems. In addition, melting of Greenland and West Antarctic ice (still highly uncertain as to amount), along with thermal expansion of seawater and melting of mountain glaciers and small ice caps, will cause substantial future sea‐level rise along densely populated coastal regions, inundating farmland and dislocating large
populations."

-Steven Silverberg

New Rochelle New York has scheduled a hearing on its proposed "GreeNR" Sustainabilty Plan. The Plan, developed over the last year, proposes a series of short term, medium term and long term goals.

Among the highlights of the Plan are a series of goals for the year 2030 listed in a press release as:

"• Reduce energy use and greenhouse gas emissions by at least 20%.
• Cut non-recycled solid waste generation by 15%.
• Preserve natural spaces and restore inland water bodies.
• Absorb or retain 25 million gallons of flood water per storm.
• Decrease sewage flow by at least 2 million gallons in peak hours.
• Build at least 95% of new housing near mass transit.
• Open at least one additional mile of the Sound shore to the public.
• Plant at least 10,000 new trees on public property.
• Create a comprehensive walking and bicycling system.
• Subscribe at least half of all households to the City website."

-Steven Silverberg

In a report released this week, it was noted that climate change is resulting in the disappearance of glaciers in Glacier National Park. Included in the information released is a profile from the U.S. Geological Survey, which concluded that 12 of the 37 named glaciers in the Park are now so small they are no longer considered glaciers.

The release concludes:

"the last decade in Glacier National Park saw exactly double the temperature increase for the planet as a whole. The effects of this warming threaten Glacier National Park’s resources, from glaciers and snow-capped mountains to wildlife and forests, as well as the Montana jobs and tourism revenue the park generates."

-Steven Silverberg

The Department of Energy announced a joint program called "Decadal and Regional Climate Prediction Using Earth System Models (EaSM)" to model and make more localized predictions of climate change.

In a statement released by the DOE it was noted:

"EaSM is distinguished by its promise for generating: 1) predictions of climate change and associated impacts at more localized scales and over shorter time periods than previously possible; and 2) innovative interdisciplinary approaches to address the interdisciplinary sources and impacts of climate change. These interdisciplinary approaches will draw on biologists, chemists, computer scientists, geoscientists, materials scientists, mathematicians, physicists, computer specialists, and social scientists....

By producing reliable, accurate information about climate change and resulting impacts at improved geographic and temporal resolutions, models developed under the EaSM solicitation will provide decision-makers with sound scientific bases for developing adaptation and management responses to climate change at regional levels."

-Steven Silverberg

The World Wildlife Fund reported the results of a study this week which "makes specific recommendations for incorporating protected areas into overall strategies to reduce emissions of greenhouse gasses from deforestation and degradation (nicknamed REDD)." The study noted the significant CO2 storage within areas that have been protected from deforestation.

-Steven Silverberg