As we move into the last days of climate negotiations in Copenhagen, the chances of securing a binding agreement of all countries continues to look less and less likely. The primary culprit, according to the New York Times, is the G77, a group of 130 developing countries that have negotiated as a block since arriving. But as the Times notes, since they have very different needs and incomes, the main thing they have in common is their ability to rail against the rich developed world and hold up negotiations. Indeed, it seems that the main impediment to progress (at least from the perspective of the organizers) has been the continued focus on process rather than substance.
As any progressive knows, the G77 countries certainly have a lot to rail against, in terms of unfairness in many arenas, including climate change. Unfortunately, being right doesn’t always mean getting what you want or getting what is fair.
Everyone is correct that the developed world, including the United States, should morally do more, in terms of both emission cuts and in terms of adaptation assistance. But the sad truth, of course, is that the wealthier countries have never really understood or accepted …
Environmental negotiations have long set the standard for transparency and participation. The relationship between environmental organizations (of all kinds) and the negotiators has always been one tempered by a shared vision that the negotiations would succeed (in contrast to negotiations at the WTO or World Bank where “success” for many activists was often defined as the failure of the negotiations). The history of transparency and participation in environmental negotiations is taking a huge hit this week in Copenhagen—not because of a loss of a shared vision of success—but because the sheer scale of these negotiations has led to increasing security and a tightening noose around non-governmental participation.
It started on Monday morning. Literally thousands of participants arrived to pick up their registration badges and found instead large, slow-moving lines. In the end, some people stood in the cold for 10 hours and never got into …
In his speech in Copenhagen Tuesday, California Governor Arnold Schwarzenegger applauded international leadership on climate change, but said that national or international agreements alone will not address the issue. He said that the "scientists, the capitalists and the activists" across the world have and will play an important role. And he talked about the job for subnational governments, like his own:
While national governments have been fighting over emission targets, subnational governments have been adopting their own targets and laws and policies.
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In California, we are proceeding on renewable energy requirements and a cap and trade system for greenhouse gases. We are moving forward. As a matter of fact, we are making great progress. If hydro is included, we will get 45 percent of our energy from renewables in ten years from now and we are already at 27 percent.
We are proceeding on the world's …
There are two separate meetings going on here in Copenhagen, really. The one that everyone is focused on is the official negotiations between the countries to reach a new binding agreement on climate change (or extend Kyoto in some form). The other “meeting” is the interaction of the observer organizations inside and outside of the side event meetings and their informal reports to the official delegations. This second “meeting” is more amorphous, and more subject to chaos (the security clearance for credentialed observers has required more than seven hours of waiting in the cold and this morning (Wednesday) was suspended indefinitely). Nevertheless, it appears to me that there is some significant progress being made.
While here, I've focused on the intersecting issues of the carbon market, offsets and adaptation assistance to affected countries. From the official reports, it appears that little has happened in these areas …
Although virtually all of the attention regarding Copenhagen in the United States focuses on mitigation targets, in the developing world a primary focus of any environmental agreement is on the scale, sources and governance of any financial resources being made available. This is particularly true in Copenhagen, where the Global South has demanded upwards of a trillion dollars in development assistance over the next decades. That number is almost certainly out of reach, but with only a few days left of the negotiations none of the numbers are adding up, and there is little clarity over the scale, structure, or sources of climate financing.
Monday's distribution here of a new “facilitators draft” on financial resources (not publicly online, at least at the moment) did little to clarify the situation, punting most of the details to next year’s COP-16. The draft contemplates a new (as of …
The Concord Monitor has identified a New Hampshire factory (Franklin Non-Ferrous Foundry) that has been the subject of previous OSHA investigations and fines, yet continues to expose its workers to dangerous conditions. OSHA’s most recent fine, $250,000, came after the agency found that a worker had high levels of lead in his blood. The newspaper obtained OSHA documents that revealed a pattern of violations by the company. The New Hampshire case is a troubling reminder of how weak OSHA is -- and of how that weakness puts many workers at danger in this country today.
OSHA has cited the foundry for 57 violations over the last four years, including 25 “serious” violations, which means the violation has potential to kill or seriously harm an employee. The violations included exit doors that could not be opened from the inside without keys or tools. OSHA inspectors also found …
In this morning's "Underused Drilling Practices Could Avoid Pollution," ProPublica has more important reporting on hydraulic fracturing, the process of injecting chemicals at high pressure under deep rock to extract natural gas. Reports Abrahm Lustgarten:
Energy companies have figured out how to drill wells with fewer toxic chemicals, enclose wastewater so it can't contaminate streams and groundwater, and sharply curb emissions from everything from truck traffic to leaky gas well valves.
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Yet these environmental safeguards are used only intermittently in the 32 states where natural gas is drilled. The energy industry is exempted from many federal environmental laws, so regulation of this growing industry is left almost entirely to the states, which often recommend, but seldom mandate the use of these techniques.
If natural gas is to be a growing 'bridge' energy source in coming years, will we mandate that the industry do what's …
We noted earlier this month that a U.S. Small Business Administration official had claimed that the danger of workplace noise was solved just as well with earplugs as it is with reducing the noise at its source -- despite extensive research to the contrary ("Presidential Appointee at SBA Maligns OSHA's Industrial Noise Proposal; Claims Ear Plugs "Solve" the Problem").
The official, Winslow Sargeant, Chief Counsel for Advocacy at the SBA, has since given a slightly different line. From BNA's Occupational Safety and Health Reporter (4/28):
We strongly support regulations that protect worker safety and health," Sargeant said. "But with regard to the noise rule, we were unable to evaluate whether this proposal was necessary, as a matter of safety, or whether it was economically feasible.
If SBA has indeed not evaluated the safety necessity, it's troubling that Sargeant had previously made such a …
Cross-posted from Legal Planet.
Cost-benefit analysis has become a ubiquitous part of regulation, enforced by the Office of Management and Budget. A weak cost-benefit analysis means that the regulation gets kicked back to the agency. Yet there is no statute that provides for this; it’s entirely a matter of Presidential dictate. And reliance on cost-benefit analysis often flies in the face of specific directions from Congress about how to write regulations. There are a few exceptions, such as regulations involving pesticides, bans on toxic substances, and thermal water pollution, where Congress called for EPA to balance costs and benefits equally. But almost all environmental laws direct agencies to use some standard other than cost-benefit analysis. The statutes generally place a greater weight on environmental quality and public health than on cost.
For example, it’s fairly obvious that Congress did not contemplate much of a role …
This post was written by CPR President Rena Steinzor and CPR Policy Analyst Michael Patoka.