Published on:

The California Legislature is currently considering two bills that would have a significant impact on the consumption of energy in that State. Aimed at reducing emissions the two proposals, if enacted, would be unprecedented.

The first bill, the Clean Energy and Pollution Reduction Act of 2015, proposes to reduce the use of oil by 50% and increase the use of sources of renewable energy by 50% within the next 15 years.

The Second bill, the California Global Warming Solutions Act, seeks to amend a 2006 statute by advancing the date for certain reductions in emissions. For example, the new bill proposes an interim limit on greenhouse gases (GHG) of 40% below 1990 levels by 2030 with a total reduction of 80% below 1990 GHG levels by 2050.

Published on:

Recent legislation has directed the New York Department of Environmental Conservation (“DEC”) to prepare regulations addressing projections of sea level rise, along with adaptation strategies. As a part of that process the DEC held a series of meetings last week in order address issues outlined by the DEC in its published Summary for Stakeholders.

As noted by the DEC:

“It is important to compare outlays for adaptation measures with the costs of doing nothing, and to take into account the importance of climate change losses to society.

Published on:

A bill has been submitted in Congress that if adopted will completely alter Federal energy policies and restrict or eliminate the ability of federal agencies to regulate activities that have potentially significant environmental impacts.. The so called “American Energy Renaissance Act of 2015” addresses everything from fracking, the Keystone XL Pipeline, drilling in the outer continental shelf, tribal lands and drilling for oil in Alaska to renewable fuel, the budget deficit and regulation of greenhouse gases.

The proposed act also restricts judicial review of actions pursuant to the bill, creates short statutes of limitation to seek judicial review, short periods for action by the applicable agencies to process permit applications and prohibits recovery of legal fees for challenges to actions.

While there are many aspects of the bill that would impact Climate Change policies, the sections below repealing renewable fuel standards,and preventing the EPA from adopting regulations that regulate greenhouse gases seem to be the provisions that most directly reject the concept of Climate Change. Moreover the bill proposes the “term ‘air pollutant’ does not include carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.”

Published on:

FEMA has issued new guidelines, effective as of March 2016, for evaluating State plans to reduce or eliminate risks from natural hazards. The new Guide establishes the new standards, now including climate change, that must be met by states in planning for reduction of the risks from natural disasters. Significantly, funding to the states can be impacted by the failure to meet these guidelines.

Referring to the Intergovernmental Panel on Climate Change Fourth Assessment Report, the Guide notes that “the challenge posed by climate change such as more intense storms, frequent heavy precipitation, heat waves, drought, extreme flooding and higher sea levels, could significantly alter the types and magnitudes of hazards impacting states in the future”.

The Guide also requires that states assess their current capabilities to address risk and indicate how those capabilities may be strengthened. The plans must establish hazard mitigation goals and how the states plan to meet those goals. These should include everything from land use regulations to utilities, transportation and emergency planning.

Published on:

On January 30,2015 the President issued an Executive Order fixing new standards for construction within a floodplain. The new Flood Risk Management Standard amends Executive Order 11988 of May 24, 1977.

The new standards impact projects where agencies ” guarantee, approve, regulate, or insure any financial transaction which is related to an area located in an area subject to the base flood”.

The old order established floodplains as areas with at a minimum of a one percent or greater annual chance of flooding. The new rule is broader and more stringent stating:

Published on:

The most recent UN IPCC Report on Climate Change has been released. The full Report, issued on November 1, 2014, has a number of dire predictions, if no action is taken. These are highlighted in an additional document labeled “Headline Statements” which include:

“Surface temperature is projected to rise over the 21st century under all assessed emission scenarios. It is very likely that heat waves will occur more often and last longer, and that extreme precipitation events will become more intense and frequent in many regions. The ocean will continue to warm and acidify, and global mean sea level to rise….

Many aspects of climate change and associated impacts will continue for centuries, even if anthropogenic emissions of greenhouse gases are stopped. The risks of abrupt or irreversible changes increase as the magnitude of the warming increases….

Published on:

This past week has been World Water Week. NASA has posted some interesting material to mark World Water Week, including an an animation showing our dependence on the oceans and the potential impacts of sea level rise.

The site notes there has been a sea level rise of 5 centimeters just since 1993 and illustrates the effect of a 2 meter rise (the model many are using for the year 2100) on various coastal areas.

-Steven Silverberg

Published on:

The White House has issued a new report on the increased costs associated with delaying action on Climate Change. The report notes that taking action now, rather than waiting, is in some respects the same as purchasing an insurance policy. Plus, once carbon dioxide concentrations reach a certain point, there could be enormous increases in annual costs associated with increased temperature.

The summary of the report states in part:

“Based on a leading aggregate damage estimate in the climate economics literature, a delay that results in warming of 3° Celsius above preindustrial levels, instead of 2°, could increase economic damages by approximately 0.9 percent of global output. To put this percentage in perspective, 0.9 percent of estimated 2014 U.S. Gross Domestic Product ( GDP) is approximately $150 billion. The incremental cost of an additional degree of warming beyond 3° Celsius would be even greater. Moreover, these costs are not one-time, but are rather incurred year after year because of the permanent damage caused by increased climate change resulting from the delay.

Published on:

The House of Representatives voted this week to bar the Department of Defense from using appropriations to explore or address the impacts of climate change. In an amendment to a defense appropriations bill the following was added:

“None of the funds authorized to be appropriated or otherwise made available by this Act may be used to implement the U.S. Global Change Research Program National Climate Assessment, the Intergovernmental Panel on Climate Change’s Fifth Assessment Report, the United Nation’s Agenda 21 sustainable development plan, or the May 2013 Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order.”

The bill will now be taken up by the Senate.

Published on:

On May 9, 2014, the Secretary of the Interior announced the release of the National Climate Change Viewer. The Cimate Change Viewer is interactive, permitting the user to see two scenarios for changes up through 2099.

The description of the Viewer notes:

“The USGS National Climate Change Viewer (NCCV) includes the historical and future climate projections from 30 of the downscaled models for two of the RCP emission scenarios, RCP4.5 and RCP8.5. RCP4.5 is one of the possible emissions scenarios in which atmospheric GHG concentrations are stabilized so as not to exceed a radiative equivalent of 4.5 Wm-2 after 2100, about 650 ppm CO2 equivalent. RCP8.5 is the most aggressive emissions scenario in which GHGs continue to rise unchecked through the end of the century leading to an equivalent radiative forcing of 8.5 Wm-2, about 1370 ppm CO2 equivalent. To create a manageable number of permutations for the viewer, we averaged the climate and water balance data into four climatology periods: 1950-2005, 2025-2049, 2050-2074, and 2075-2099.”