Climate Change Attorney Blog

While the good news is that the U.S. Geological Survey (USGS) report issued last week finds that "abrupt" climate change is unlikely in the 21st century, the bad news is that such "abrupt" changes are possible and present models cannot even predict some of the potential changes.

Among the conclusions contained in the report are: (1) there will be "rapid and sustained arctic September sea ice loss", (2) the potential for sustained drought in the southwestern United States has increased, (3) there will likely be a decrease in the northward flow of warm water in the upper layers of the Atlantic Ocean and (4) there will likely be an increase in the release of methane gas deposits from the earth.

As reported in the Washington Post, perhaps one of the most disturbing conclusions is the possibility of an even greater rise in sea level by the year 2100 than was previously predicted. The original projection was for a 1.5 foot increase in sea level by the next century, but observations over the last two years demonstrate that major ice sheets are melting more rapidly than originally thought. Therefore, the rise in sea level may actually be as much as four feet. The USGS has created a Website which addresses issues relating to glaciers and climate change.

This morning the media is reporting that President-elect Obama has named Harvard professor, John Holdren, a specialist in climate and energy issues as the head of the White House Office of Science and Technology.

This appointment, along with the appointment of Steven Chu as head of the Energy Department, signals that the new administration is serious about addressing climate change issues. In announcing the Holdren appointment the President-elect stated in part: "[t]oday, more than ever before, science holds the key to our survival as a planet and our security and prosperity as a nation,"

The Poznan Climate Change Conference is reportedly struggling to make progress due to lack of proactive participation by the United States and the European Union. The conference is intended to be a run up to the conference scheduled for Copenhagen in 2009, where it is hoped the terms of a treaty can be agreed upon. The lack of direction from the United States is viewed to be the result of the conference coinciding with the presidential transition.

Municipalities in the lower Hudson Valley are joining a small but growing trend in trying to combat global warming by requiring that new building projects and some renovations receive LEED, green building certification.

Earlier this week the County Executive of Rockland County signed a local law which requires that for building projects owned or operated by the County, which cost in excess of one million dollars, there be a “good faith effort” to receive the LEED silver certification. The city of Yonkers is now considering a local law that would require any building receiving a zone change, variance, subsidy or tax break to obtain LEED silver certification. The law is proposed for major renovations or construction of at least 4,000 square feet, with less stringent standard applying to smaller projects.

In a challenge to attempts by several north Texas cities to address climate change issues, cement manufacturer Ash Grove LLP has brought an action in the U.S. District Court for the Northern District of Texas. The lawsuit, which was filed on November 26, 2008, alleges that the local resolutions, favoring purchasing cement which is produced through a process which releases less pollution, violates both Texas contract bidding requirements and the constitutional rights of Ash Grove LLP.

According to the Dallas Morning News, Ash Grove is the only one of several cement manufacturers in the area which does not operate any “dry process kiln” for the manufacturing of cement, which is claimed to release less pollution. The attorneys for Ash Grove maintain that the resolutions adopted by Dallas, Plano, Arlington and Fort Worth “stifled competition.”

The potential impact of this suit on attempts by local governments to regulate purchasing in a manner which considers the effects of manufacturing processes on global warming are not yet clear.

The United Nations Climate Change conference has begun with reports of criticism of the failure of industrialized nations to agree to meaningful targets for emission controls and financial and technical support to developing nations. A substantial amount of the criticism by environmentalists has reportedly been directed at the Bush Administration. Apparently to underscore this criticism, the chief of the U.S. delegation has purportedly indicated that there will not be agreement on specific emissions goals for 2020.