Yesterday, Massachusetts Climate Chief Melissa Hoffer issued a report detailing how “to implement the Healey-Driscoll Administration’s whole-of-government approach to addressing the climate crisis.” The report identifies trends, barriers, and gaps in Massachusetts climate policy, establishes guiding principles for whole-of-government climate action, and offers recommendations to strengthen the “climate-related practices and policies of executive department agencies.” The recommendations represent a roadmap for the state to implement its climate goals while enhancing public health,… More
Category Archives: Adaptation
The Wharf District Council “District Protection & Resiliency Plan”: There’s a Lot to Do
The Wharf District Council recently released its “District Protection and Resiliency Plan.” My immediate reaction is just a quiet OMG regarding the size of the task. Of course, that’s no excuse for inaction and I found the plan to be quite compelling.
The Wharf District runs from Christopher Columbus Park to the Congress Street bridge. Its landward boundary is basically Congress Street. … More
Everything Is Connected — For Better or For Worse
Greenwire (subscription required) reported yesterday that more than 150 wildfires in Quebec have blanketed large swaths of the United States with unhealthy levels of particulate matter. Indeed, as of 9:00 AM on Thursday, June 8, New York City has the worst air quality of any metropolitan area in the world. Some businesses are advising workers to stay home.
Scientists are generally in agreement that climate change has increased the frequency and intensity of wildfires. … More
Wondering How States Will Respond to West Virginia v. EPA? Massachusetts Provides An Early Answer
Those wondering what states can do to at least partially ameliorate the impacts of West Virginia v. EPA need look no farther than Massachusetts, which issued its Clean Energy and Climate Plan for 2025 and 2030 the same day that the Supreme Court extended its crusade against the modern world by limiting EPA’s authority to regulate in the absence of a clear delegation by Congress.
First,… More
Will Evidence of a Coming Apocalypse Change Human Behavior?
I’m not much for apocalyptic thinking. I don’t think it’s productive. I have to confess, though, that this story about the Great Salt Lake got me thinking about whether human nature is such that the apocalypse is not that far away. It makes compelling reading. And viewing – do check out the video of what used to be Owens Lake, which could be described as a cautionary tale for Salt Lake City,… More
More About NEPA Reform; It’s Not Just About Renewable Energy
Last month, Oakland Mayor Libby Schaaf wrote to the Federal Highway Administration, stating that Oakland “is suffering from a crippling housing and homelessness crisis.” Furthermore, she complained that:
Addressing this crisis requires flexibility and creativity. … Federal environmental responsibilities, such as the National Environmental Policy Act (NEPA), can slow, discourage, or prevent these creative solutions. We must streamline the NEPA process as much as possible,… More
Maura Healey Has a Climate Plan: Is It Too Ambitious Or Not Ambitious Enough?
Take my predictions with a grain of salt, because I still remember saying that Ronald Reagan would never fool enough voters to get elected, but it seems very likely at this point that Maura Healey will be the next Governor of Massachusetts. That makes her release of a climate plan a matter of some significance.
My take is that it is extremely ambitious,… More
AIG Integrates Climate Into Its Investment and Underwriting Decisions: It’s Progress, But Is It Enough?
Last week, AIG significantly restricted its underwriting of and investment in fossil fuel projects. Specifically, it announced the following actions:
- With immediate effect, committed to no longer invest in or provide insurance for construction of any new coal-fired power plants, thermal coal mines or oil sands;
- With immediate effect, committed to no longer invest in or underwrite new operation insurance risks of coal-fired power plants,…
Climate Policy at 30: Glasgow Climate Pact.
Each year since 1995, with the exception of 2020, the United Nations Framework Convention on Climate Change (UNFCCC) has hosted a Conference of Parties (COP), where members of the UNFCCC negotiate issues relating to reducing greenhouse gas emissions and other matters relating to climate change. The 26th COP concluded in Glasgow on November 13 with a Climate Pact that continues the evolution of global climate policy over the past 30 years.… More
Climate Change Is Widespread, Rapid, and Intensifying — And Terrifying
The IPCC has released its Sixth Assessment Report on the physical science basis of climate change. I would say that it makes sobering reading, except any sane person’s immediate response to AR6 would be to go out and have any number of stiff drinks. Here are a number of the lowlights:
It is unequivocal that human influence has warmed the atmosphere, ocean and land.… More
At What Level of Government Are We Going to Regulate Climate Change? (Hint — It Is a Global Problem.)
Last week, Judge Yvonne Gonzalez Rogers ruled that the Berkeley ordinance essentially banning use of natural gas in new construction was not preempted by the Energy Policy and Conservation Act. I’m not here to opine on the legal merits of the decision. I will note note that the Judge’s reliance on textual analysis and the asserted federalist bent of SCOTUS’s conservative wing might give this opinion more life than one would otherwise expect – though I’ll also note that the conservative wing’s federalist proclivities often seem to turn on whether they agree with the underlying policy at issue. … More
How Are We Really Going to Get to Net Zero?
Late last month, the Washington Legislature passed the “Climate Commitment Act”, a piece of sweeping climate legislation that includes, among other provisions, an economy-wide cap-and-trade system. Washington was not far behind Massachusetts, which enacted its “next generation roadmap” bill in late March. This friendly competition among states to move towards net zero economies as aggressively as possible is certainly a good thing.… More
Is a New Electricity Grid in Our Future? President Biden Thinks So.
The White House this morning released a fact sheet on “The American Jobs Plan,” also known as President Biden’s infrastructure plan. There’s a lot in here (as there should be for a couple of trillion dollars!), so today I’ll focus on energy infrastructure. Here are the highlights:
- $100B to “build a more resilient electric transmission system.” This includes “the creation of a targeted investment tax credit that incentivizes the buildout of at least 200 gigawatts of high-voltage capacity power lines.”
- Creation of a “Grid Deployment Authority” within DOE to facilitate transmission line siting.…
Massachusetts Climate Legislation Becomes Law — The Future of Everything
It’s not always the case, but my speculation about the Massachusetts climate bill was correct. On Friday, Governor Baker signed it into law. If I haven’t succeeded in making this clear previously, I want to emphasize that this is a really far-reaching piece of legislation. It commits Massachusetts to a very aggressive timetable for reducing GHG emissions. It species a number of specific policies,… More
The Massachusetts Climate Bill is Very Much “Not Dead”
In January, when Governor Baker vetoed the Legislature’s effort to go big on climate, my colleague Zach Gerson made clear that the bill was not even “mostly dead.” I am pleased to say that Zach’s diagnosis was correct. The climate bill is very much alive.
Last week, the Legislature passed a new version of the bill, which adopted most of the Governor’s technical suggestions and almost none of his substantive changes. … More
More on the Social Cost of Carbon — Are We Doing It All Wrong?
Last month, I posted about the Biden administration’s effort to develop a new estimate of the social cost of carbon. The EO requires a new interim SCC within 30 days and a new longer-term SCC by January 2022. Earlier this week, Joseph Stiglitz and Nicholas Stern – it doesn’t get more impressive than a Nobel prize winner and an actual Lord – released a National Bureau of Economic Research Working Paper (non-academics can download up to three papers free per year) in which they argue that,… More
It’s Fair to Say At This Point That Climate Change Is a Priority For This Administration
Yesterday, President Biden signed an Executive Order on Tackling the Climate Crisis at Home and Abroad. It’s even more comprehensive than last week’s order. Indeed, my main reaction to the order isn’t to any of the specific provisions. It’s one simple realization – he really means it. And I think that’s the point. There is no question at this point that President Joseph Robinette Biden,… More
Massachusetts Starts 2021 With a Bang on Climate
Over the past four years, while the Trump Administration did everything possible to ignore climate change, optimists continued to find progress at the state level. And while President-elect Biden has put together an A-team on climate, Massachusetts, at least, seems determined to show that the states will continue to lead – even if they now have a partner at the federal level.
Two weeks ago,… More
Massachusetts Releases Its 2050 Decarbonization Roadmap — It’s Going to Be Quite a Trip
Yesterday, Massachusetts released its “2050 Decarbonization Roadmap.” I’m tempted to call it a tour de force. At the very least, it’s jam-packed with important issues. One of the most valuable aspects of the Roadmap is its discussion of the potential tradeoffs among the different paths towards a decarbonized economy. Acknowledging that the Roadmap contains much more good stuff than can be summarized in a single post,… More
The Transportation Climate Initiative Gets Off the Ground: Kinda, Sorta, A Little
Today, three of the states participating in the Transportation Climate Initiative – Massachusetts, Connecticut, and Rhode Island – and the District of Columbia released a Memorandum of Understanding describing a “cap and invest” program intended to reduce carbon emissions from fossil fuels and raise money “to accelerate the transition to an equitable, safe, and affordable low-carbon transportation sector.” Here are the big takeaways:
- The four participating states are eight short of full participation among the TCI states. …
Fires and Floods, Holiday Version
The Lancet’s Countdown on Health and Climate Change for 2020 offers a pretty sobering assessment of the impacts of climate change. As I noted the last time I posted about one of these reports, it’s important to remember that, while flooding and sea level rise get much of the attention, heat waves cause much of the harm to public health.
I found this statistic particularly sobering.… More
Miami Beach Plans an Underwater Park — I Say, Just Wait a Few Years
According to ClimateWire (subscription required), Miami Beach is planning an underwater park just off the coast. Not that I would ever be snarky, but given how often parts of Miami Beach are now under water during high tides, even in the absence of extreme weather, I think that they could save some money by just waiting a few years. At some point in the not too distant future,… More
Alaska Oil Drilling Climate Irony Revisited
In 2015, I noted that the then-Governor of Alaska had decided that it was necessary to increase drilling for oil in Alaska to raise the money necessary to cope with the impact of climate change. I suggested that Governor Walker’s solution to the problem of funding climate adaption might be considered ironic.
Welcome to the Department of Irony Department, also known as Alaska Climate Adaptation Rev 2.0.… More
California Climate Nuisance Cases Will Also Be Heard In State Court (I Think)
The 9th Circuit Court of Appeals has issued two rulings that, combined with the recent 4th Circuit ruling in the Baltimore case, makes it more likely that state and local public nuisance climate cases will be heard in state courts, rather than federal courts. The two California cases got to the 9th Circuit via different routes.
San Mateo v. Chevron is on all fours with the recent 4th Circuit decision. … More
The End Is Near (And I’m Not Talking About the Coronavirus)
In order to distract your attention from the end of the world as we know it resulting from COVID-19, I thought I would direct your attention to further evidence of the end of the world as we know it resulting from climate change. In a very interesting article published earlier this month in Nature Communications, the authors examined the pace of “regime shifts” in critical ecosystems,… More
In Case You Missed It, We’re in a Climate Emergency
Last week, BioScience published the “World Scientists’ Warning of a Climate Emergency.” It’s actually a nice piece of work – short, readable, to the point. In barely 4 pages, it concisely summarizes the fine mess we’ve gotten ourselves into. It also provides suggestions for actions to take to “lessen the worst effects.” The suggestions also pull no punches:
- quickly implement massive energy efficiency and conservation practices and replace fossil fuels with low-carbon renewables and other cleaner sources of energy….…
Boston’s Climate Action Plan Update: The Time Has Come For Buildings!
Last week, Boston released its Climate Action Plan 2019 Update. The Update identifies “priority actions” for the next five years necessary to put Boston on a trajectory towards carbon neutrality by 2050. There’s a lot in the Update, but because it states that 71% of Boston carbon emissions come from buildings and it thus leads with its discussion of buildings, I’m going to focus there.… More
Some Say the World Will End in Fire; Some Say in Floods
I’ve always understood that heat causes more fatalities than other weather-related phenomena. It’s only going to get worse with climate change. If you thought that climate change was all about rising sea levels, think again. Earlier this week, the Union of Concerned Scientists released “Killer Heat in the United States: Climate Choices and the Future of Dangerously Hot Days.” I’d like to say it makes chilling reading. … More
Louisiana Takes Adaptation Seriously — Evidence of a Tipping Point in Belief in Climate Change?
The public-private partnership Louisiana Strategies for Future Environments just released a report so stark in its conclusions that, were it not for all of the maps and figures its contains, one would have assumed that it had to be written in a blue state such as Massachusetts or California, rather than deep red Louisiana. It’s sad that we’ve come to this point, but it does appear that Louisiana at least is taking the fact of climate change seriously. … More
More on the Green New Deal: Nukes, Hydro, and a Carbon Tax Aren’t Dead Yet.
Yesterday, Ed Markey and Alexandria Ocasio-Cortez released a proposed congressional resolution providing a framework for the so-called Green New Deal. I am pleased to note that it would not exclude use of nuclear power or large-scale hydropower. Neither would it preclude use of market-based approaches towards regulating carbon. Of course, it also doesn’t advocate for putting a price on carbon.
I realize that this is simply a resolution and not proposed legislation. … More
The Green New Deal — Everything That’s Wrong With Environmentalists?
A few weeks ago, a coalition of 626 groups sent a letter to Congress, setting forth some principles concerning what should and should not be part of a Green New Deal. Among the policies that apparently should not be part of a Green New Deal are nuclear power, large-scale hydropower and –wait for it – any use of market-based mechanisms. … More
Carbon Free Boston — Or How to Save the World in a Few Easy Steps
Boston’s Green Ribbon Commission has just released Carbon Free Boston, which outlines a pathway to a carbon-free city by 2050. It’s a thoughtful and careful report. My immediate reaction was two-fold. Of course we have to do all this and of course this will be nearly impossible.
The transmittal letter to Mayor Walsh acknowledges the immensity of the undertaking:
The report’s analysis makes clear the great magnitude of the change needed to achieve carbon neutrality.… More
Americans Are Increasingly Sure About Climate Change: That Appears to Include DOD
Two reports crossed my desk this week that, together, made me wonder if we’re finally nearing the tipping point on climate change belief in the United States. First, Yale and George Mason released Climate Change in the American Mind. The report shows that almost 75% of Americans think global warming is happening and more than 50% are very sure that it’s happening. More than 60% of Americans think it’s mostly caused by human activity.… More
Who Needs a Carbon Tax When We Can Raise the Real Estate Excise Tax?
Governor Baker announced today that, as part of his FY 2020 budget, he would be proposing to increase the real estate excise tax in order to fund the Global Warming Solutions Trust Fund. The Governor stated that, in the long run, the tax increase would provide $137 million annual to fund adaptation efforts.
Though my friends in the real estate industry may not be happy,… More
“Managed Retreat?” — Once More, Scientists Fail to Consult with Branding Specialists
Two seemingly unrelated adaptation stories caught my eye last week. The first involved efforts by the California Coastal Commission to provide guidance on “Residential Adaptation” to climate change. The primary reason why the draft guidance is getting so much attention is that the Commission raised the possibility of “managed retreat” in some situations.
I get the point of managed retreat. It seems preferable to repeatedly bowing to political pressure and bailing out coastal property owners who ignore the risks associated with climate change. … More
The National Climate Assessment Projects Major Economic Impacts. The President Doesn’t Believe It. Must Not Be True.
Last week, the government released the Fourth National Climate Assessment. Not surprisingly, it’s largely consistent with the prior assessments. As other commenters have noticed, the primary difference from prior reports is one of emphasis; the Assessment now includes substantial information about the likely cost to the economy if we fail to address climate change.
I had been wondering whether it was worth doing a post about the assessment – and then I saw that the President,… More
The Rubber Begins to Hit the Road on Adaptation
I gave up some time ago on the idea that focusing on adaption was just a means of weaseling out of necessary measures to mitigate climate change. As the extraordinary becomes commonplace, it’s evident that we’ve ignored the externalities of carbon longer than was prudent.
It’s thus great to see Boston’s Mayor Walsh release Resilient Boston Harbor. Even for those who follow these issues for a living (and I have a personal stake,… More
Two Strikes Against Climate Plaintiffs; the New York Case Is Dismissed.
On Thursday, Judge John Keenan dismissed New York City’s climate damages law suit against five oil majors. The basis for the decision was the same as in last month’s decision dismissing similar claims in California:
- Because climate change is an interstate and international problem, such claims cannot be resolved under state law; if such claims are valid, they must be brought under federal common law.…
Thanks For Proving Me Right, Rhode Island!
Late last month, when I reported on the dismissal of the California climate change public nuisance litigation, I stated boldly that we should not expect advocates to stop trying. I did not really think I was going out on a limb with that prediction, but I also did not know that I’d be proved correct so quickly. Less than a week later, on July 2, the State of Rhode Island brought its own public nuisance claim.… More
The Dutch Government Also Doesn’t Like Citizen Climate Litigation
As a follow-up to my June 27 post about the dismissal of public nuisance claims brought by the City of Oakland and the State of California against five oil majors concerning their contribution to climate change, I note that ClimateWire (subscription required) is reporting that the Dutch government is appealing a court order that would require it to cut carbon emissions by 25 percent by 2030. … More
Still No Judicial Remedy For Climate Change — Don’t Expect Advocates To Stop Trying
On Monday, Judge William Alsup dismissed the public nuisance case brought by the City of Oakland and the State of California against five major oil companies. The suit sought payment of damages into a fund to be used for necessary adaptation expenditures to deal with sea level rise.
Why did he dismiss the case? Simple. The courts are not the right forum in which to address the problems of climate change. … More
Federal Common Law Climate Claims: Now You See Them, Now You Don’t
Just a few weeks ago, Federal Judge William Alsup ruled that claims brought by San Francisco and Oakland against certain large oil companies belonged in federal court, because they raise issues of federal common law. Last week, in a similar law suit asserting similar claims, Judge Vince Chhabria remanded the case to state court. Why? Because there is no federal common law applicable to such climate-related claims. … More
Governor Baker Burnishes His Green Credentials
Governor Baker has sent some mixed messages to the environmental community in his first term. After promising during the campaign to increase environmental spending to 1% of the state budget, he’s made essentially no progress whatsoever. More recently, the administration’s selection of Northern Pass to provide renewable energy under the so-called “83D” procurement was panned by pretty much everyone who is neither a member of the administration nor a resident of the Sovereign Nation of Eversource.… More
Federal Common Law Controls California Climate Actions: Never a Dull Moment
Earlier this week, Judge William Alsup denied a motion by Oakland and San Francisco to remand their public nuisance claims against some of the world’s largest fossil fuel producers to state court. However, I’m not sure that this is a victory for the oil companies. This might be more of a “be careful what you wish for” scenario.
The North Slope Is Really, Really, Getting Warmer. Drill, Baby, Drill
The Washington Post reported this week that Utqiagvik, Alaska (formerly known as Barrow), has gotten so warm, so fast, that NOAA’s computers can’t even believe it. The data for Utqiagvik (that’s hard to type!) were so high that the computers determined it must be anomalous and pulled all of the data from Utqiagvik from the NOAA monthly climate report. Only when scientists realized that Utqiagvik was completely missing from the report did they notice what had happened.… More
Climate risk? Credit risk! Moody’s Warns State and Local Governments
Earlier this week, Moody’s Investors Service announced issuance of a report (payment required) warning that:
the effects of climate change, including climbing global temperatures, and rising sea levels, are forecast to have an increasing economic impact on US state and local issuers. This will be a growing negative credit factor for issuers without sufficient adaptation and mitigation strategies.
In other words, if you are an issuer of state or local bonds in an area likely to be impacted by climate trends,… More
If the Apocalypse Approaches, But the Administration Ignores It, Will It Make a Sound?
Last week, the government released the Climate Science Special Report, the first volume of the Fourth National Climate Assessment. It makes grim reading – or perhaps more accurately, grim reaper – reading. Here’s what we might call the executive summary of the Executive Summary. First, the bottom line:
This assessment concludes, based on extensive evidence, that it is extremely likely that human activities, especially emissions of greenhouse gases,… More
How Imminent Are the Impacts of Climate Change in Everett?
Yesterday, Judge Mark Wolf dismissed part of the Conservation Law Foundation’s claims in its litigation against ExxonMobil concerning ExxonMobil’s Everett Terminal facility. The opinion is both interesting and pleasurably concise – a rare combination!
Judge Wolf found that CLF had credibly alleged that the Terminal is violating its NPDES permit. Importantly, he also found that CLF stated that there is:
substantial risk”… More
South Florida — The Front Lines of Climate Change?
Two related items about climate change resilience and adaptation caught my eye this week. First, the American Academy of Actuaries issued a report on “The National Flood Insurance Program: Challenges and Solutions.” Those wild and crazy actuaries at the AAA certainly have a gift for understatement:
Increased flooding due to higher sea levels can only increase the amount of loss from storms absent expensive investment in coastal defenses.… More
The Latest Executive Order: Any Kind of Consistency Is the Hobgoblin of Little Minds
Make no mistake, the Executive Order signed by President Trump at EPA yesterday is a big deal. Time will tell whether the Administration’s U-turn on the Obama rules currently in litigation, such as the Clean Power Plan and the rule on fracking on federal lands will make any difference to judicial review of those rules. There are plenty of states and NGOs ready to step into EPA’s and BLM’s shoes to defend those rules.… More
Climate Change Will Increase Peak Energy Demand By More Than We Thought: More Storage, Perhaps?
In an interesting study just published in the Proceedings of the National Academy of Sciences, the authors predict that climate change will have a more significant impact on peak energy demand than had previously been understood. They conclude that, in a business as usual case, peak demand will increase 18%, leading to a need to spend $180B (in current dollars) to meet that increased peak demand.
The authors acknowledge that their estimates are based on current infrastructure and that the development of energy storage could play a role in mitigating the need for new generation sources to meet peak demand.… More
It’s Foreseeable That More Species Will Be Listed Under the ESA Due to Climate Change
The drumbeat of cases, either approving agency action under the ESA – or reversing agency refusal to act – due to habitat alteration resulting from climate change continues to grow. In February, the 9th Circuit reversed a district court decision and approved the Fish and Wildlife Service’s designation of critical polar bear habitat. In April, Judge Christensen of the District of Montana vacated FWS’s decision to withdraw a proposed listing of the wolverine. … More
Massachusetts Innovates Again, This Time With New Climate Change Litigation
As an MIT grad and loyal resident (Go Sox!), I’m always happy to see stories about Massachusetts’ role in the innovation economy. Last week, news arrived of more innovation in Massachusetts – this time on the legal front. CLF sued Exxon Mobil for not adapting its Everett storage terminal to harden it against the effects of climate change.
Governor Baker’s Executive Order on Change: Good News; Still Work To Be Done By MassDEP
Last Friday, Governor Baker issued Executive Order 569, “Establishing an Integrated Climate Change Strategy for the Commonwealth.” EO 569 will advance climate policy in Massachusetts in a number of important ways. It also leaves much to be accomplished by MassDEP. Here are the highlights:
- EOEEA and MassDOT are instructed to work with other New England and Northeastern states to develop regional policies to reduce GHG emissions from the transportation sector.…
I Have Seen the Future and It Is Hot and Wet
The City of Boston has just released its “Climate Projections Consensus.” It’s not a pretty picture. Here are the lowlights:
- Even with “moderate” emissions reductions, see level rise is likely to be between 1.5 feet and 2.5 feet by 2070.
- The number of “extreme precipitation” events has been increasing and that increase will continue.…
Big Changes With Little Fanfare: The FHWA Proposes to Use GHG Emissions as a Performance Measure
This week, the Federal Highway Administration issued a Noticed of Proposed Rulemaking to promulgate performance measures to be used in evaluating federal funding of transportation projects. The requirement for performance measures stems from the Moving Ahead for Progress in the 21st Century Act, aka MAP-21. MAP-21 requires the FHWA to establish performance standards in 12 categories, one of which is “on-road mobile source emissions.”
The NPRM addresses this criterion,… More
Water Turning To Blood; Flies; Hail? How About Water-borne Illness, Extreme Weather, and Actual Plague?
Passover starts later this month. Just in time, the U.S. Global Change Research Program has given us an updated list of plagues. What’s fascinating is that the new list actually bears a certain similarity to the biblical list.
Why has the U.S. updated the list of plagues? It’s actually part of a report on “The Impacts of Climate Change on Human Health in the United States: A Scientific Assessment.” What’s climate change going to do to us? … More
Climate Change and the ESA: Protecting the Wolverine in the Face of Uncertainty
Under the Endangered Species Act, a species is “threatened” when it is “likely to become an endangered species within the foreseeable future.” As scientists continue to predict that climate change will alter habitat over the coming century, it certainly seems “foreseeable” that more species will become endangered. That’s what the Fish & Wildlife Service concluded about the wolverine in early 2013. When FWS backtracked in 2014, Defenders of Wildlife sued. … More
The Paris Agreement: Ac-cent-tchu-ate The Positive
So COP21 resulted in an agreement. What’s a poor in-the-trenches lawyer to make of it? I think it’s pretty clearly a major step forward and reflects much more substantive progress than might have been expected. For a very helpful summary as to why the Paris Agreement was a success, check out Rob Stavins’s post. As good as Rob’s summary is, Elizabeth Kolbert in the New Yorker (subscription required) had a slightly more concise explanation why the Paris Agreement is a good thing:
It changes the presumption that carbon emissions will continue to grow to the presumption that they must soon start coming down.… More
What Success Means For COP21
If you want to know what how a rational optimist defines success for COP21, take a look at Rob Stavins’s latest post. Here’s his “Paris Scorecard” for what success will look like:
- Include approximately 90% of global emissions in the set of INDCs that are submitted and part of the Paris Agreement (compared with 14% in the current commitment period of the Kyoto Protocol).…
Does the Impact of Climate Change on Financial Markets Have Anything In Common with Same-Sex Marriage?
A few months ago, I asked whether climate change nuisance and public trust litigation might have something in common with litigation challenging bans on same-sex marriage. The idea was that both types of litigation seemed hopeless at the start and received very frosty receptions from the courts. However, in the case of same-sex marriage, plaintiffs kept plugging away and, much sooner than most people expected, a tipping point was reached. … More
The 4th Installment of our Paris Climate Change Negotiations Tracker
The fourth installment of our Paris climate change negotiations tracker is available.
Some progress seems to be occurring, but it’s certainly not obvious that COP21 will result in an agreement sufficient to ensure that it will result in meeting a “below 2°C” objective.
Click here to download the report:
… More
The Third Installment of Our Paris Climate Change Negotiations Tracker
The third installment of our Paris climate change negotiations tracker is available. This may sound like a broken record, but there was not a lot of progress made in the Bonn talks earlier this month and it’s looking more and more as though it’s going to be difficult to reach a major substantive agreement in Paris.
… More
Cole Porter Was Right: The Economic Cost of Climate Change
There has already been significant discussion of the economic impacts of climate change. Damage from catastrophic events, the cost to build adaptation measures such as sea walls; these have all been examined. Now, a National Bureau of Economic Research Working Paper suggests a much more direct measure. Apparently, we’re just not as productive as the planet warms.
Cole Porter knew what he was talking about.
More
Massachusetts Climate Adaptation Policy: How Broad Will It Be?
Yesterday, I suggested that Massachusetts EOEEA may not have authority to issue its “MEPA Climate Change Adaptation and Resiliency Policy.” However, since I also conceded that Massachusetts courts are unlikely to agree with me, it’s probably worth taking a look at what the Adaptation Policy would require. As with any MEPA (or NEPA) analysis, it has two parts: identification of impacts and discussion of mitigation measures.… More
Environmental Impact Analysis — The Impact of a Project on the Environment or the Impact of the Environment on a Project?
Traditionally, environmental impact analysis, under NEPA and state analogs, has focused on the impacts that a proposed project may have on the environment. In Massachusetts, the Executive Office of Energy and Environmental Affairs has proposed a draft MEPA Climate Change Adaptation and Resiliency Policy. The policy seems sufficiently important to warrant more than one post. Today, I’ll look at EOEEA’s authority to promulgate an Adaptation Policy. Tomorrow,… More
ExxonMobil Admits Climate Change Is Real. It also Imposes an Internal Cost on Carbon. Still Not Enough to Get Any Love From the Greens (Interesting Reading, Though)
Last week, in response to shareholder requests that it disclose information regarding how climate change might affect it in the future, ExxonMobil released two reports, one titled Energy and Climate, and one titled Energy and Carbon – Managing the Risks. They actually make fascinating reading and seem to represent a new tack by ExxonMobil in its battle with those seeking aggressive action on climate change.… More
Governor Patrick Announces Climate Change Preparedness Initiatives: Not Everyone’s On Board
On Tuesday, Governor Patrick announced a series of climate change preparedness initiatives, including about $50 million in funds for a variety of programs. Before summarizing the plan, I’ll note that Massachusetts appears to have jettisoned “adaptation” as the descriptor for programs designed to mitigate the effects of climate change. We are no longer “adapting”. Now, like the Boy Scouts, we will be “prepared.” Shrewd call.
The biggest piece of the pie with be $40 million for a municipal “resilience” grant program,… More
Cape Cod TMDL Litigation; CLF Is Still In There Swinging
In September, I noted that Judge Mark Wolf had dismissed CLF’s law suit challenging EPA’s approval of the TMDLs for the Cape Cod embayments, ruling that CLF did not have standing. CLF, as is its wont, is not going gentle into that good night. It is still raging, raging, at EPA’s decision. More to the point, it has refiled its complaint.
Presumably,… More
And You Thought Ending Flood Insurance Subsidies Would Be Difficult? Try Persuading a Politician to Support “Managed Coastal Retreat”
Earlier today, I posted about the political difficulties inherent in reforming flood insurance programs to avoid subsidizing those who choose to live in coastal areas subject to flooding. When even Democratic legislators supportive of efforts to fight climate change oppose such reforms, you know you are in trouble.
Well, when it rains, it pours, as it were. Just hours later comes news of the release of a report from the Columbia Law School Center for Climate Change Law on “Managed Coastal Retreat.” The title pretty much tells it all. … More
Yet More on the Adaptation Front: Where You Stand Depends on Whether Your Property Is Underwater
A story in E&E Daily on October 30 highlighted the difficult choices – including political choices – that are going to have to be faced in the process of adapting to climate change. The story noted that a number of Democratic members of Congress who have supported efforts to address climate change are now opposing efforts to reform the National Flood Insurance Program so that it does not encourage people to locate in areas subject to flooding.… More
More on the Adaptation Front: Comprehensive Climate Planning Is Coming To Boston
If you are still wondering whether municipalities are serious about planning for climate change, the Boston Redevelopment Authority’s announcement this week of its new draft Guidelines for the inclusion of planning for climate change in its Article 80 review (basically the Boston local version of NEPA) might convince you. While the Guidelines are fairly broad, the accompanying Climate Change Resiliency and Preparedness Checklist gets way down into the weeds.… More
Standing Matters, TMDL Version
Last week, in Conservation Law Foundation v. EPA, Judge Mark Wolf ruled that CLF did not have standing to challenge EPA’s approval of total maximum daily loads promulgated for certain waters in and around Cape Cod. Given the increasing number of citizen suits involving TMDL promulgation, the decision is important.
CLF asserted two claims. First, it alleged that EPA wrongly classified certain sources,… More
The President Issues His Climate Action Plan: Not Much Mention of Congress
President Obama yesterday released his Climate Action Plan, together with a Memorandum concerning EPA’s issuance of rules governing carbon emissions from new and existing power plants under the Clean Air Act. At a certain level, there is not much new here. The mere existence of the Plan and the commitment to address climate issues is presumably the point.
The Plan does not provide many specifics. … More
RGGI Ratchets Down the Cap: We’re Still Going to Have to Adapt
It was a busy week on the climate change front in Boston. First, RGGI announced a new Model Rule. Under the new Model Rule, summarized here, the 2014 cap would be reduced by 45%, from 165 million tons to 91 million tons. Because such a sharp decrease in allowances will be expected to cause an increase in allowance prices, RGGI has now provided a safety valve,… More
Is this the Future of Adaptation? Who Pays to Avoid the Cost of Coastal Flooding?
The New York Times reported today that Governor Cuomo is proposing to spend $400 million to buy out owners of property to avoid a recurrence of the damage caused by Hurricane Sandy. I have to say that I have been persuaded over the past few years that we cannot put all our eggs in the mitigation basket, particularly since political gridlock in Washington has prevented much mitigation from occurring.… More
Massachusetts’ Climate Change Efforts: Nation-Leading, But Still Not Good Enough?
Massachusetts was one of the first states to launch an ambitious greenhouse gas reduction program, setting a 2020 goal of cutting emissions 25% from 1990 levels and a 2050 goal of an 80% reduction. With less than eight years to go before 2020, is the Commonwealth on track to measure up? According to a report released this week by think tank MassINC and the Clean Energy States Alliance,… More
The Geneva Association Warns Governments To “Wake Up”: Have They Too Drunk The Koolaid?
Last week, the Geneva Association, which describes itself as “the leading international insurance think tank for strategically important insurance and risk management issues,” issued a report entitled “Extreme events and insurance: 2011 annus horribilis.” Quick take-away? Insurance losses are growing. Why? While there were large earthquakes in 2011, the bigger long-term concerns are extreme weather events and an increasing number of people and resources located in areas subject to such events.… More
More on the Frontlines of Adaptation
Last Friday, noting a story about the extent to which concerns about sea level rise from climate change might affect development in East Boston, I wondered whether battles over whether and how to adapt to climate change might be moving from the realm of the hypothetical to the realm of the real. Climate Wire has now begun a series of stories on how cities are planning for climate change. This week,… More
Has the Battle Begun? A Look at One of the Front Lines of the Adaptation Issue
A story in today’s Boston Globe makes clear that, at least in states where it is permissible to use the words “climate” and “change” in the same sentence, the battle over adaption may no longer be hypothetical. The neighborhood known as East Boston is one that might appropriately be described as having unfulfilled potential. Last month, at a Chamber of Commerce breakfast, Mayor Menino pledged to revive East Boston, specifically calling out five projects that have been on the drawing board for some time.… More
Coming Soon to Massachusetts: Adaptation to Climate Change
The abandonment of any discussion of climate change in Washington has not been followed in Massachusetts. Yesterday, Rick Sullivan, the Secretary of Energy and Environmental Affairs, released the Massachusetts Climate Change Adaptation Report, providing the fruits of a lengthy process in Massachusetts to look at the impacts of climate change on five areas: Natural Resources and Habitat; Key Infrastructure; Human Health and Welfare; Local Economy and Government;… More