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Dec. 15, 2009 by David Hunter

In Copenhagen, Progress on Financial Pledges Limited; Draft Document Punts Details to COP-16

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 yet unnamed) mechanism to coordinate all funding arrangements under the COP. In addition to that coordinating mechanism, a new fund would be created to provide support for both mitigation and adaptation efforts.

More generally, discussion of financial resources has been split into both short-term finances (meaning between now and the end of the …

Dec. 14, 2009 by Ben Somberg
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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.

...

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 …

Dec. 12, 2009 by Daniel Farber
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Has the U.S. "exported" its carbon emissions to China by relying on China to manufacture so many of our goods?  There seems to be growing support for the idea that carbon emissions should be tied to consumption of goods rather than their manufacture, as the NY Times reported recently.  There is a grain of truth to the idea.  But consumer responsibility should be considered secondary.  The primary responsibility rests with producers.

Most of the debate has been about climate change.  But it may be easier to think through the issue in a less contentious context.  Consider the problem of water pollution in the Mississippi River, which results in the infamous dead zone in the Gulf of Mexico.  Agricultural runoff in the Midwest is a big part of the problem.  A significant portion of the U.S. corn and soybean crops are exported to Asia.

Does this …

Dec. 12, 2009 by Frank Ackerman
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Dec. 12, 2009 by Rena Steinzor
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CPR President Rena Steinzor today responded to Maryland Governor Larry Hogan's newly announced regulations for bring the state into compliance with the Clean Water Act requirements with respect to the Chesapeake Bay:

Governor Hogan's revised phosphorus regulations are a disappointment. The principal difference from Governor O'Malley's plan is that they will result in slower compliance with the requirements of the Clean Water Act and more pollution in the Chesapeake Bay. There's no avoiding the need to get pollution from agriculture under control if we're to save the Bay, and no good reason to slow down an already long-delayed effort.

Dec. 12, 2009 by Holly Doremus
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This posting is reprinted, by permission from Legal Planet.

The Fish and Wildlife Service yesterday announced some very good news — the brown pelican will soon be removed from the list of endangered and threatened species. This enormous fish-eating bird has been protected since 1970, when it was included on the very first list of US endangered species under a predecessor to the current Endangered Species Act. Its population rebounded after DDT was banned in 197Brown Pelican2. By 1985, the pelican had recovered enough to justify delisting along the Atlantic coast. Now the Service has determined that populations are also stable off the Gulf and Pacific Coasts, such that the species as a whole no longer needs the protection of the ESA. Lest that judgment be wrong, the Act requires that the Service monitor the pelican’s status for at least five years after delisting.

The success of …

Dec. 12, 2009 by Holly Doremus
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This posting is reprinted, by permission from Legal Planet.

The Fish and Wildlife Service yesterday announced some very good news — the brown pelican will soon be removed from the list of endangered and threatened species. This enormous fish-eating bird has been protected since 1970, when it was included on the very first list of US endangered species under a predecessor to the current Endangered Species Act. Its population rebounded after DDT was banned in 1972. By 1985, the pelican had recovered enough to justify delisting along the Atlantic coast. Now the Service has determined that populations are also stable off the Gulf and Pacific Coasts, such that the species as a whole no longer needs the protection of the ESA. Lest that judgment be wrong, the Act requires that the Service monitor the pelican’s status for at least five years after delisting.

The success of the …

Dec. 12, 2009 by Rena Steinzor
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This post was written by CPR President Rena Steinzor and CPR Policy Analyst Michael Patoka.

On Friday, the White House Office of Information and Regulatory Affairs (OIRA) returned a proposed rule on air pollution standards for oil refineries to EPA, insisting that the agency complete “additional analysis” before moving forward. EPA’s efforts to reduce hazardous pollutants from these facilities will be delayed for months or likely years.  And that additional analysis?  OIRA won’t even say what it’s for.  “Trust us” is not the most reassuring government transparency.
 
EPA was proposing to revise the emissions standards for hazardous air pollutants from oil refineries, incorporating the results of a “risk and technology review,” which is used to determine whether additional reductions are warranted in light of the remaining risks to human health that the facilities present and the technology now available to lower their harmful emissions …

Dec. 11, 2009 by David Hunter
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As the first week of formal negotiations at the Copenhagen Climate Summit comes to a close, the United States and China are exchanging barbs and little progress is being made … but behind the scene many negotiators remain confident that at least some form of a political agreement can be reached that will move global climate governance significantly forward.

Beginning on Sunday I will join fellow CPR Member Victor Flatt (see his preview on offsets and adaptation) as a credentialed non-governmental observer at the Copenhagen negotiations. I and six of my students from the American University Washington College of Law will be supporting the work of the Center for International Environmental Law and the Climate Law Policy Project, as well as other organizations. We will be looking at issues relating to the future financial architecture for responding to climate change; the reduction of emissions from deforestation and forest …

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