Climate Change Attorney Blog

The United Nation Food and Agriculture Organization has released a report which finds that proper use of grassland can assist in reducing carbon dioxide and therefore aid in combating Climate Change. In a summary of the report, Constance Neely, co-author of the report, is quoted as saying: "Grasslands represent the majority of the world's agricultural area and they hold an enormous amount of the soil carbon, so we have a fantastic potential to have both better livelihoods and a better natural resource base while mitigating and adapting to climate change,"

The report goes on to claim that if between 5 and 10 percent of all grazing lands were placed under carbon sequestration management by 2020, the result could be the storage of 184 million metric tons of carbon a year.

-Steven Silverberg

A study released today discusses the impact of Climate Change on water resources and ultimately across border conflicts over those resources. The study issued by the Pacific Institute notes that 40% of the world's population obtains its water from shared resources.

As a result of the impacts of climate change the study suggests that international conflicts over water resources will increase. As noted in a press release accompanying the study: "Most existing treaties and agreements are based on the outdated assumption that future water supply and quality will not change. Adapting to climate change is going to require changes in the institutions and policies that have been put in place under international treaties.”

-Steven M. Silverberg

A study released this week predicts an average shift in climate belts of a quarter of a mile per year requiring ecosystems to adapt at a more rapid pace than may be sustainable. As reported by the Carnegie Institution which participated in the study:

"Plants and animals that can tolerate a wide range of temperatures may not need to move. But for the others, survival becomes a race."

The Copenhagen Climate Change Conference ended with a draft "Accord" addressing some of the issues faced by the conference but disappointing many. The text of the draft Accord makes several statements about the need for the implementation of actions to address climate change and then states:

"9. To this end, a High Level Panel will be established under the guidance of and accountable to the Conference of the Parties to study the contribution of the potential sources of revenue, including alternative sources of finance, towards meeting this goal.
10. We decide that the Copenhagen Green Climate Fund shall be established as an operating entity of the financial mechanism of the Convention to support projects, programme, policies and other activities in developing countries related to mitigation including REDD-plus, adaptation, capacity-building, technology development and transfer.
11. In order to enhance action on development and transfer of technology we decide to establish a Technology Mechanism to accelerate technology development and transfer in support of action on adaptation and mitigation that will be guided by a country-driven approach and be based on national circumstances and priorities.
12. We call for an assessment of the implementation of this Accord to be completed by 2015, including in light of the Convention’s ultimate objective. This would include consideration of strengthening the long-term goal referencing various matters presented by the science, including in relation to temperature rises of 1.5 degrees Celsius."

The Global Carbon Project issued its "Carbon Budget 2008" yesterday which concludes, among other things, that carbon dioxide emissions have increased by 29% since 2000. In addition, the emissions are 41% above 1990 levels, which is the Kyoto reference year.

The summary of the report also notes that coal is the largest source of carbon dioxide emissions and that 90% of the increase in emissions from coal are the result of increased use of coal by China and India.

The National Center for Atmospheric Research (NCAR) released a study on Friday of millions of readings, going back as far as 1950, from 1800 weather stations throughout the United States, which show a significant increase of record high temperatures in relation to record low temperatures. As noted in a press release about the findings: "[I]f temperatures were not warming, the number of record daily highs and lows being set each year would be approximately even."

Instead, the study shows that record highs are outpacing the record low temperatures by roughly 2 to 1. The authors of the study cite this as a clear indication of climate change, which will continue if greenhouse gas emissions are not reduced.

A report by the Catlin Arctic Survey and the World Wildlife Fund based upon an expedition to the Arctic this summer predicts significant loss of summer ice within ten years and the disappearance of ice during the summers within as little as 20 years. The report details the findings and implications from the loss of summer ice in the Arctic.

The Executive Summary to the report notes in part"

"In addition to the regional consequences of arctic climate change are its global impacts. Acting as the Northern Hemisphere’s refrigerator, a frozen Arctic plays a central role in regulating Earth’s climate system. A number of critical arctic climate feedbacks affect the global climate system, and many of these are now being altered in a rapidly warming Arctic....Recent observations strongly suggest that climate change may soon push some systems past tipping points, with global implications. For example, the additional heat absorbed by an increasingly ice-free Arctic Ocean in summer is already accelerating local and regional warming and preventing sea ice from recovering."

In a statement posted by the Catlin Arctic Survey Dr. Martin Sommerkorn from WWF International Arctic Program is quoted as noting that among the impacts of these finding:

“Such a loss of Arctic sea ice cover has recently been assessed to set in motion powerful climate feedbacks which will have an impact far beyond the Arctic itself – self perpetuating cycles, amplifying and accelerating the consequences of global warming. This could lead to flooding affecting one-quarter of the world’s population, substantial increases in greenhouse gas emissions from massive carbon pools and extreme global weather changes."

In a press release issued today, the Department of Energy and Climate Change announced that the London Conference of the Carbon Sequestration Leadership Forum (CSLF) had concluded their meeting with agreement on a number of issues related to Carbon Capture and Storage (CCS)Technology.

The primary conclusions of the conference are cited as:

"- agreement that more than 20 industrial scale CCS demonstrations could be needed by 2020, including in developing countries, with knowledge sharing between projects.

- support for capacity building to enable developing countries to host demonstrations and for rapid CCS deployment once it's proven.

- the strongest signal yet, from developed and developing countries alike, that CCS must be incentivised as part of a global climate deal in Copenhagen this December."

A report released by the United Nations yesterday entitled "Climate Change Science Compendium 2009" finds that many predicted effects of global warming on climate change are occurring much more rapidly than originally predicted. A press release which summarizes the report notes in part: "the newly emerging science points to some events thought likely to occur in longer-term time horizons, as already happening or set to happen far sooner than had previously been thought."

Among those predicted events the report finds:

"growing concern among some scientists that thresholds or tipping points may now be reached in a matter of years or a few decades including dramatic changes to the Indian sub-continent's monsoon, the Sahara and West Africa monsoons, and climate systems affecting a critical ecosystem like the Amazon rainforest.

The report also underlines concern by scientists that the planet is now committed to some damaging and irreversible impacts as a result of the greenhouse gases already in the atmosphere.

Losses of tropical and temperate mountain glaciers affecting perhaps 20 percent to 25 percent of the human population in terms of drinking water, irrigation and hydro-power."

The findings are summarized in the statement that "it may still be possible to avoid the most catastrophic impacts of climate change. However, this will only happen if there is immediate, cohesive and decisive action to both cut emissions and assist vulnerable countries adapt."

A bipartisan group of former government and military officials has declared climate change to be a threat to U.S. security. In a statement released on September 8, 2009 the group stated in part:

"if we fail to take action now, we will have little hope of influencing other countries to reduce their own harmful contributions to climate change, or of forging a coordinated international response.

We must also help less developed countries adapt to the realities and consequences of a drastically changed climate. Doing so now will help avoid humanitarian disasters and political instability in the future that could ultimately threaten the security of the U.S. and our allies."

By a slim margin, the House of Representatives passed H.R. 2454 on June 26, 2009. As previously reported on this site the Bill is a comprehensive attempt to address the effects of greenhouse gases and resulting climate change. With only a seven vote margin of passage in the House, the Bill is expected to face a difficult time getting through the Senate.

On June 16, 2009 the United States Government issued a new report on Climate Change Impacts. The report entitled "Global Climate Change Impacts in the United States," is described as a summary of "the science of climate change and the impacts of climate change on the United States, now and in the future. It is largely based on results of the U.S. Global Change Research Program (USGCRP),a and integrates those results with related research from around the world. This report discusses climate-related impacts for various societal and environmental sec tors and regions across the nation. It is an authoritative scientific report written in plain language, with the goal of better informing public and private decision making at all levels."

The report lists a series of Key Findings which are summarized as:
"1. Global warming is unequivocal and primarily human-induced.
2. Climate changes are underway in the United States and are projected to grow.
3. Widespread climate-related impacts are occurring now and are expected to increase.
4. Climate change will stress water resources.
5. Crop and livestock production will be increasingly challenged.
6. Coastal areas are at increasing risk from sea-level rise and storm surge.
7. Threats to human health will increase.
8. Climate change will interact with many social and environmental stresses.
9. Thresholds will be crossed, leading to large changes in climate and ecosystems.
10. Future climate change and its impacts depend on choices made today."

Included in the report are a series of recommendation for addressing climate change.

The U.S. Geological Survey issued a report on April 3, 2009 finding that glacial ice in Antarctic is melting more rapidly than originally predicted. Noting that Antarctica contains the largest reservoir of glacial ice on the planet, the report points to climate change as the culprit.

In a statement released with the report, the USGS pointed to the importance of climate change in accelerating the loss of glacial ice. "The rapid retreat of glaciers there demonstrates once again the profound effects our planet is already experiencing-more rapidly than previously known-- as a consequence of climate change. The scientific work of USGS, which is investigating the impacts of climate change around the world, including an ongoing examination of glaciers, is a critical foundation of the Administration's commitment to combat climate change."

Giving more emphasis to the significance of this loss of ice, Jane G. Ferrigno, the lead glaciologist on the study noted: "This continued and often significant glacier retreat is a wakeup call that change is happening in our Earth System and we need to be prepared, Antarctica is of special interest because it holds an estimated 91 percent of the Earth's glacier volume, and change anywhere in the ice sheet poses significant hazards to society."

The Blue Green Alliance, an organization representing labor unions and environmental groups, has issued a policy statement urging adoption of comprehensive cap and trade legislation during 2009.

In a press release announcing its position the Alliance, representing such diverse interests as the United Steel Workers and the Sierra Club, stated: "this legislation is an effective way to rapidly put millions of Americans back to work building a clean energy economy and to reduce global warming emissions to avoid the worst effects of climate change." According to the press release the group believes "[r]ising energy costs to low- and moderate-income Americans and adversely-impacted regions can be offset with rebates or tax credits. The Alliance also supports complementary regulation, including standards for renewable energy, energy efficiency resources and fuel and appliance efficiency. In addition, climate change legislation should include investments in a wide range of technologies..."

The Audubon Society has issued a report, based upon 40 years of study in the United States, entitled "Birds and Climate Change Ecological Disruption in Motion." The report concludes that global warming is having a significant impact on the migratory pattern of birds. It notes: "planned, science-based habitat conservation efforts will be increasingly essential to avoid a growing toll on birds and wildlife, along with the loss of a wide array of ecological benefits, from clean water supplies, insect control and seed distribution provided by birds, to travel and tourism revenues."

President Obama announced today that he was directing the EPA to reconsider the request by California to institute tougher standards for vehicle carbon dioxide emissions. It is expected that several other states may make similar requests if California, which was originally denied, is now granted approval. The move to review California's request was reportedly hailed by Governor Schwarzenegger. In an attempt to address global warming issues the President also directed that federal fuel efficiency standards for 2011 be released by the Department of Transportation by March of this year.

In an article published by the journal Science,it was found that the effects of warming and resulting "water deficits are likely contributors to tree mortality." A summary of the report in today's New York Times notes that the study conducted in the Pacific Northwest found significant increased mortality, irrespective of the size, type or elevation of the trees.

The Iowa Climate Change Council appointed by the governor in 2007 issued its final report just before Christmas. The report contains 56 recommendations to reduce GHGs through, among other things, energy efficiency and a cap and trade program.

If implemented the program will reportedly cost the state an estimated 4.8 billion dollars over the next decade. According to the Chicago Tribune, the price tag, along with concerns that the proposals will increase utility costs, are a stumbling block to adoption. Yet, proponents argue that, over a period of time, jobs will be created and savings will result from implementation of the recommendations.

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.

The attorneys at Silverberg Zalantis LLP believe that global warming and the resulting climate change will be one of, if not the most, important issue to confront us all for the balance of the 21st century. Climate change has and will continue to have social and economic impacts that will determine where we live, how we live and the conditions of everyday life. The laws, regulations and treaties that are implemented, or that we fail to implement, to address climate change issues over the next two decades will chart the political and economic course of this country and the rest of the world for the balance of the century.

As attorneys involved in environmental law and real estate development we know that laws and lawyers can play an important role in the events that shape our collective response to climate change. It is our goal to use this Blog to provide information to other lawyers and the general public about the legislative and regulatory responses to climate change issues developed throughout the country. The more information we have and can share, the more likely it is that we can collectively develop a response to the causes and effects of global warming that is timely and effective. We do not intend to Blog on any set schedule but rather to provide information as it becomes available.

We sincerely hope that the information we provide on this Blog will be useful to those who take the time to read it. If you become aware of any new initiatives that may be of interest to our readers please send an e-mail to silverberg@szlawfirm.net.

-Steven Silverberg and Katherine Zalantis