Monday, November 30, 2009

Climate Change Summary Newsletter and Commentary



Climate Change Summary Newsletter and Commentary
November 30, 2009

Steven L. Hoch
Brownstein Hyatt Farber Schreck, LLP


The Conspiracy Thickens


Scientists’ E-Mails Fuel for Anti-Climate Change Proponents
Didn’t their Daddy tell them to never say it in ink?
E-mails stolen from the Climatic Research Unit of the University of East Anglia in Britain may evidence that scientific data have been rigged to make it appear as if humans are causing global warming. The researchers, however, say the e-mails have been taken out of context and merely reflect an honest exchange of ideas. In one e-mail from 1999, the center’s director, Phil Jones, alludes to an article in the journal Nature and writes, “I've just completed Mike’s Nature trick of adding in the real temps to each series for the last 20 years (i.e., from 1981 onwards), and from 1961 for Keith’s to hide the decline.” “It is clear that some of the ‘world’s leading climate scientists,’ as they are always described, are more dedicated to promoting the alarmist political agenda than in scientific research,” said Martin Ebell, whose group is funded in part by energy companies. “Some of the e-mails that I have read are blatant displays of personal pettiness, unethical conniving, and twisting the science to support their political position.” See:
http://www.blogger.com/goog_1259604692514
http://www.latimes.com/news/nation-and-world/la-fg-climate-hacker22-2009nov22,0,913036.story


Climate Change Data Dumped
Maybe they’ll find the data on the grassy knoll.
The same scientists in the above story have admitted throwing away much of the raw temperature data on which their predictions of global warming are based. It means that other academics are not able to check basic calculations said to show a long-term rise in temperature over the past 150 years. The data were gathered from weather stations around the world and then adjusted to take account of variables in the way they were collected. The revised figures were kept, but the originals — stored on paper and magnetic tape — were dumped to save space. The lost material was used to build the databases that have been his life’s work, showing how the world has warmed by 0.8C over the past 157 years. See:
http://www.timesonline.co.uk/tol/news/environment/article6936328.ece


Waning Belief in Global Warming

Most Support GHG Action, Despite Weakening Belief in Warming – Poll
Huh? Less belief translates into a call for more action? What? Who’s on first? I don’t know, who’s on second…No he’s on first.”
A smaller percentage of Americans believe in global warming, even though a majority continues to support legislation to curb greenhouse gas emissions, according a Washington Post-ABC News poll. The poll found 72 percent of the public agrees with the idea that “the world’s temperature may have been going up slowly,” while 26 percent believe such a change in temperature is not happening. That level of belief in global warming is down 8 percent from last year, when the same question was asked, and represents the lowest level of support since at least 1997. But of those individuals who believe global warming is happening, 82 percent believe that it is a serious problem and 53 percent support a cap-and-trade system to deal with the problem. The level of support for cap and trade is essentially unchanged from when poll asked the same question earlier this fall, but it does represent a 6-percentage-point drop from August 2007. Additionally, 55 percent of those polled expressed support for U.S. action on global warming even if other nations don’t “do equally effective things” to address the problem. Twenty-one percent said the United States should act if other countries do, as well, and 22 percent said it should take no action at all. See:
http://www.washingtonpost.com/wp-dyn/content/article/2009/11/24/AR2009112402989.html


Cows


San Joaquin Valley Air Pollution Control District v. Anti-Cow Activists
The choice is really simple, we need to invent gas free cows, or all become lactose intolerant.
Environmentalists are likely to challenge San Joaquin Valley Air Pollution Control District dairy emissions rules that exempt some facilities from having to purchase emissions offsets if U.S. EPA approves the rules, even after reaching a consent decree with the agency last month to act on the high-profile issue. The District issued the first-time dairy rules in response to a 2004 state law that removed a longstanding exemption from air quality rules for agriculture. But environmentalists now charge that the latest version of the District’s rules still contain an illegal exemption for some dairies by not subjecting them to requirements to offset emissions of VOCs, and in some cases does not require them to install emission-control technology. The agency’s forthcoming decision on the District’s rules comes as EPA continues testing of agricultural air emissions, including dairies, hog farms and poultry and cattle operations, in an effort to determine what operating levels are and whether they need to be reduced and regulated. The national air emissions monitoring study is expected to be completed in May 2010, while VOC estimation methods for concentrated animal feed operations should be completed by November 2011, according to EPA.
See: http://www.valleyair.org/


Cap and Trade California Style


CARB Releases Detailed Outline of Its Cap and Trade Regulations – Possible Roadmap for the Feds
First it was surfboards, now cap and trade. California is just groovy.
California unveiled preliminary rules for what could become in 2012 the nation’s first multi-sector greenhouse gas emissions cap-and-trade program. The program goes well beyond the scope of the Northeastern states’ Regional Greenhouse Gas Initiative cap-and-trade program, which targets only power plants. California’s program would apply to the state’s largest sources of greenhouse gases, beginning with electricity generators and importers, oil refineries, hydrogen plants, cement plants, and other industrial facilities and initially covers 600 facilities that each emits more than 25,000 tons of carbon dioxide annually. Eventually, the program will be expanded to include emissions from producing and delivering transportation fuels and from commercial and residential use of natural gas. The preliminary rules would:


• Establish declining emissions caps set to achieve the 2020 target;
• Create three-year compliance periods, the first beginning Jan. 1, 2012;
• Require a minimum number of emissions allowances to be auctioned at the start of the program;
• Allow limited use of verifiable, high-quality offsets outside of capped sectors; and
• Establish clear rules for emissions trading, monitoring, and enforcement.


The trading program would apply to emissions of carbon dioxide, methane, sulfur hexafluoride, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and nitrogen trifluoride. Under the proposal, permits to emit, or allowances, would be issued annually and at least some would be auctioned to fund clean energy and other projects. CARB has yet to decide what portion of the permits would be auctioned. At the end of a compliance period, the facilities must surrender allowances to meet their caps, bank them for future use, sell excess allowances, or ask CARB to retire the allowances. Emitters could use offset credits for a certain percentage of their emissions reduction requirements—as long as they meet CARB’s criteria—in lieu of buying allowances or reducing their emissions.


Industry officials expressed concern over the program. “California’s global warming program must not stifle the growth of California's economy,” California Manufacturer’s & Technology Association’s Dorothy Rothrock said in a written statement. “Manufacturers are gravely concerned that the cap and trade program will impose significant new costs on their operation in the state.” Auctioning allowances could “act like a massive new tax on production,” Rothrock said.
See: http://arb.ca.gov/cc/capandtrade/capandtrade.htm


Dollars and Nonsense


College Cuts Carbon Dioxide Emissions by 80%
Buying your way to claiming carbon reduction!
St. Mary’s College of Maryland has reduced its carbon emissions by 80% this year largely driven by student initiatives. The student body purchased Renewable Energy Credits at a cost of about $50,000 to offset 100 percent of the carbon emissions produced by the college’s electricity consumption (12,000 tons of CO2 saved). The Northeast Energy Services Company, Inc. program of upgrading college facilities saved 2430 tons. The LEED-certified Goodpaster Hall reduced CO2 emissions by 610 tons. The James P. Muldoon River Center has a student-sponsored geothermal HVAC system that cuts CO2 emissions by 270 tons. The new Glendening Building has “green” features that reduce CO2 emissions by 125 tons. These and other innovations have allowed the college, which would have produced 19,500 tons of CO2 over the last year, to offset over 15,000 tons of CO2 emissions. As a result the college produced just of 4000 tons of CO2.
See: http://www.thebaynet.com/news/index.cfm/fa/viewstory/story_ID/15523


Selling Offsets by Mobile Phone in Ethiopia
Wouldn’t it be better to text them instructions on growing food in their environment?
The Finnish Ministry of Foreign Affairs is working with Ethiopia to allow small Ethiopian farmers to measure the diameters of trees on their land twice a year and put the information into a text message, which, along with each farmer’s unique identification code, is then sent to the regional office. Software computes the amount of carbon stored on each farm as well as the change from the previous measurement; any increase in stored carbon dioxide is converted into cash using the going rate of CO2 on international markets, and farmers are paid. Concern has been expressed about keeping farmers honest and using verifiable data when they report as well as the need to adjust the computer modeling to calculate the amount of CO2 absorbed by stands of trees based on the idiosyncrasies of Ethiopian ecology. See: http://greeninc.blogs.nytimes.com/tag/veli-pohjonen/


Climate Change Pushes Poor Women to Prostitution, Dangerous Work
A terrible thought brought to you by a large leap of logic.
The effects of climate change have driven women in communities in coastal areas in poor countries like the Philippines into dangerous work, and sometimes even the flesh trade, a United Nations official said. Suneeta Mukherjee of the United Nations Food Population Fund (UNFPA), said women in the Philippines is the most vulnerable to the effects of climate change in the country. “Climate change could reduce income from farming and fishing, possibly driving some women into sex work and thereby increase HIV infection, “Mukherjee said during the Wednesday launch of the UNFPA annual State of World Population Report in Pasay City. Of the 92 million Filipinos, about 60 percent are living in coastal areas and depend on the seas for livelihood, said former Environment Secretary, Dr. Angel Alcala. But as the sea’s resources are depleted due to overpopulation and overfishing, fishermen start losing their livelihood and women are forced to share the traditional role of the man in providing for the family. Alcala said some women often pick out shellfish by the coastlines, which exposed to storm surges. Women who can no longer endure this work often go out to find other jobs, while some are tempted to go into prostitution, Alcala added.
See: http://www.gmanews.tv/print/177346


Pushing SEC for Disclosure Requirements

Investors Push for Disclosure of Risk; Climate Change may see SEC Action Soon
How do you report on things you don’t even know how to quantify? Doesn’t seem to matter, report it anyway.
A group of investors filed a supplement Nov. 23 to a petition asking the Securities and Exchange Commission to require companies to disclose GHG emissions and associated risks, citing pending legislation and proposed regulations. Filed by environmental groups and large investors—including the Environmental Defense Fund, the California Public Employees’ Retirement System, and several states’ chief financial officers—the supplement adds to a petition filed in 2007. The petition asked that the SEC require that all companies include reports of climate-related risks when reporting other financial risks. They argue that such risks can include physical assets that could be endangered by rising sea level or other effects of climate change. It also can include the costs of complying with pending legislation that would require covered entities to purchase an allowance for each ton of greenhouse gas emitted. It could even include risk to reputation if a company is likely to lose income as consumers shift to products that are perceived as being environmentally friendly. Recent changes in the makeup of the Commission itself are likely to bring this issue to the forefront. See: http://www.ceres.org/Page.aspx?pid=1151


Transportation

FAA Study Warns Alternative Fuels may Worsen Aviation’s GHG Profile
Let’s just blame Orville and Wilbur and be done with it.
Industry officials say alternative jet fuels could play a central role in reducing aviation’s carbon footprint, but a new study commissioned by the FAA finds many of those fuels are actually worse for the climate than conventional petroleum, and that those which do produce fewer lifecycle GHG emissions “are costly and could potentially be counterproductive.” Further contradicting the industry’s stance, the report also says imposing a price on carbon—not federal subsidies and mandates—is the best way to further the development of alternatives to oil. But beyond improving the efficiency of their engines and aircraft, there are few ways the aviation industry can reduce its GHG emissions short of cutting back on flights, which, combined with the costly fluctuations in the price of oil—and the industry’s desire to be exempted from GHG regulation—helps explain its interest in developing alternatives to conventional jet fuel. See: http://www.rand.org/pubs/technical_reports/TR554/


No-Not Again


Royal Dutch Shell Calls for Derivatives on Carbon Trading
AIG, are you listening???? They’re calling your name!!!!
Royal Dutch Shell, Europe’s largest oil producer, is calling for the removal of any restrictions on carbon credit trading and asking for derivative contracts to be allowed under cap-and-trade programs, but Legislators in the US plan to impose restrictions on trading of carbon credits under a proposed cap-and-trade program, on concern that speculators will drive up carbon prices and costs for consumers. “You have to allow a secondary market to develop,” David Hone, Shell’s climate change adviser, told reporters at an energy conference in Singapore today. “You don’t want to have a carbon market that’s restricted from doing what other commodity markets are doing.” See: http://www.smh.com.au/business/cfd/shell-calls-for-derivatives-on-carbon-trading-20091117-ij67.html


U.S. Industry Calls for Carbon Trading Derivatives
AIG, are you listening???? They’re calling your name!!!! Again.
A coalition of electric power and natural gas industry groups that is arguing for preserving access to over-the-counter (OTC) energy derivatives markets has set its sights on the Senate, sent a letter to the agriculture and banking committees outlining recommendations for reforming the OTC derivatives market. The groups sending the letter include the American Gas Association, the Edison Electric Institute and the Electric Power Supply Association represents a much larger coalition. The coalition argues for striking a balance between improving transparency in the OTC derivatives markets and ensuring “the ability of companies to access critical OTC energy derivatives products and markets” because the groups’ members “rely on these products and markets to manage price risk and help keep rates stable and affordable for retail consumers.” See: http://www.truebluenaturalgas.org/over-the-counter-derivatives-legislation


Species Protection


Climate Change Threats
Let’s hear it for the salt marsh harvest mouse!


EPA is seeking public comment on a draft report on determining the climate change impacts on vulnerable species. The report, “A Framework for Categorizing the Relative Vulnerability of Threatened and Endangered Species to Climate Change,” comes as some activists have argued that the Endangered Species Act should be used as a means of reducing greenhouse gas emissions. According to a notice published in the Federal Register Nov. 25, the report compares the relative vulnerability to climate change of five threatened and endangered species as well as the bald eagle, which is not longer classified as endangered or threatened. The species’ vulnerability is determined based on four “modules,” which focus on a number of issues including “the likely vulnerability of a species to future climate change, including the species’ potential physiological, behavioral, demographic, and ecological response to climate change.” The species are then categorized into a number of groupings, including “critically vulnerable,” “highly vulnerable,” “less vulnerable,” and “least vulnerable.” The report will be released for a 30-day public comment period beginning Nov. 25. The species examined in the report are the golden-cheeked warbler, the salt marsh harvest mouse, the Mount Graham red squirrel, the Lahontan cutthroat trout, the desert tortoise and the bald eagle. See:
http://www.thefederalregister.com/d.p/2009-11-25-E9-28294







Monday, November 23, 2009

Climate Change Summary Newsletter and Commentary



Climate Change Summary Newsletter and Commentary
November 23, 2009



Steven L. Hoch
Brownstein Hyatt Farber Schreck, LLP


Where Did All the Global Warming Go?

Climatologists Baffled by Global Warming Time-Out
Now go to your room. No TV for a week!


Global warming appears to have stalled. Climatologists are puzzled as to why average global temperatures have stopped rising over the last 10 years. Some attribute the trend to a lack of sunspots, while others explain it through ocean currents. The planet’s temperature curve rose sharply for almost 30 years, as global temperatures increased by an average of 1.25 degrees Fahrenheit from the 1970s - late 1990s. Even though the temperature standstill is believed to have no effect on the long-term warming trend, it does raise doubts about the predictive value of climate models, but it is also a political issue on the veracity of the climate change claims. “It cannot be denied that this is one of the hottest issues in the scientific community,” says Jochem Marotzke, director of the Max Planck Institute for Meteorology in Hamburg. “We don't really know why this stagnation is taking place at this point.”
See: http://www.spiegel.de/international/world/0,1518,662092,00.html


Emissions

Carbon Emissions Up Even with Economic Slump
Given the way the economy is going it will be 300 degrees by next month.


Numbers from the Energy Department suggest that carbon dioxide pollution jumped 2 percent last year despite the global recession, with most of the uptick emanating from China. Worldwide emissions rose 671 million tons from 2007 to 2008, with nearly three-quarters of the CO2 coming from China, according to DOE numbers. Still, the increase was l smaller than normal for the decade that has averaged yearly growth of 3.6 percent. This year, scientists anticipate a nearly 3 percent drop in emissions — even with China’s CO2 output factored in — because of the economic slowdown.
See: http://www.nature.com/ngeo/index.html


New EPA Web Site Provides Tools to Calculate GHG Emissions from Homes
Yeah, but will the EPA wash windows?


Many green building practices and technologies have not effected the existing residential market, in part because it is hard for people to find clear, consolidated, readily accessible, and credible information. The EPA Green Homes Web site addresses that need by providing guidance on approaches to greening each room of the home as well as the surrounding yard. Information also is available on building new homes and finding an energy efficient mortgage, which takes into account the savings derived from energy efficient homes to enable the applicant to qualify for better terms. Renters will find information to help them identify a green property before moving in and tips for working with their landlord to add green features to an existing property. Users can also find references, such as a list of common green home terms, and links to dozens of EPA Web sites with more specific information on a wide variety of green home topics. See: http://www.epa.gov/greenhomes


EPA GHG Permits

Tailoring GHG Permits
Can you let out the waist on my permit? Just about an inch or so….


EPA is holding public hearings on the agency’s so-called GHG “tailoring” proposal, which would ease the requirements on which types of facilities need to get Clean Air Act permits for their GHG emissions, once the agency begins regulating GHGs. The current emissions threshold for air act permits is between 100 and 250 tons per year (tpy). But the agency is considering raising that threshold for GHGs to 25,000 tpy. The exemption of small sources in the proposal could be challenged in court, but they suggest the legal uncertainty may be part of an EPA strategy to push Congress to take action on climate change legislation. See: http://www.epa.gov/NSR/actions.html

Transportation

Airlines Pledge to Reduce Carbon Emissions
“Come fly with me, let’s fly, let’s fly away….”


In what is viewed as cutting off stringent measures in the E.U., the global air transport industry has pledged to reduce carbon emissions. IATA plans to reduce net carbon dioxide emissions by 50% by 2050, compared with 2005 levels which make aviation-industry growth carbon-neutral by 2020. It plans to cut carbon dioxide emissions by 1.5% per year over the next decade. These targets exceed several national goals, but would exempt airlines from the existing E.U. carbon-trading regime and would permit them to join the global market. If the E.U. regulations went into effect, it would add about $13 to the ticket price for the average short-haul flight and more than $60 for a long-haul ticket.
See: http://search.forbes.com/search/find?tab=searchtabgeneraldark&MT=airlines+pledge


Trucks in England May Get Big Butts
“I love big butts and I can not lie… 1992 Sir Mix-a-Lot from his album Mack Daddy.


Research in the U.K. show that a two-meter long tapering protrusions known as ‘boat tails’ could soon be mounted on the back of trucks as a means of dramatically reducing their fuel consumption CO2 emissions. Computer modeling and wind tunnel testing of the boat tail concept was followed by a year of extensive road tests carried out by a group of academics, vehicle manufacturers and freight companies working together to reduce fuel consumption in the road transport industry by improving aerodynamics. The aim of the project is to achieve a 20 percent reduction in fuel consumption and CO2 emissions in the road transport industry by 2020. The ‘boat tail’ makes a truck more fuel efficient, but adds to its overall length that have the potential to increase congestion and pose a disproportionately high risk to vulnerable road users like cyclists who are blocked from view by the boat tail. See: http://www.eta.co.uk/2009/11/13/lorries-grow-tails-cut-their-co2-emissions


Biofuels

Research Team Looks to Algae for Hydrogen Production
Swimming pools can now power your cars.


A team of Tennessee researchers is trying to use algae to produce hydrogen that could be used as fuel. Despite its energy potential, hydrogen has not taken off as an alternative fuel source because of the expensive, high-energy and sometimes GHGs-emitting processes required to produce it. The researchers did not compare their system’s efficiency to other hydrogen-producing systems but instead compared it to biofuel production, a process that would similarly use photosynthesis to convert the sun’s energy to alternative fuel. They claim the hydrogen system is about 25 times more efficient than biofuel systems. But a major hurdle the researchers want to overcome is the use of expensive platinum as a catalyst for the reaction. The researchers hope to solve all their problems and bring this technology to commercial usage in 10-20 years.
See: http://www.utk.edu/tntoday/2009/11/12/ut-ornl-hydrogen-source/


Starbucks

Coffee Purveyor to Reduce Energy Consumption
With so many Starbucks, if each outlet saves energy, they can give us all triple mocha Frappuccino® for free.


Starbucks has been devising a way to cut their energy costs by one quarter by the end of next year. So far they have a two-pronged approach to energy efficiency and cost reduction, which will benefit them, the consumers, the environment, and, perhaps most significantly of all, set an enormous precedent of a huge chain store going green. The company’s first green initiative is to replace traditional, energy-gobbling incandescent halogen light bulb’s with more efficient LED’s (light emitting diodes). Starbucks expects a 7% reduction in energy costs from the lighting changes. Starbucks’ second green initiative is to have all new, company owned locations LEED certified. See: http://www.examiner.com/x-9907-DC-Coffee--Tea-Examiner~y2009m11d13-New-Starbucks-stores-to-go-green


Jerry Brown on the Rampage

San Diego County Pressured by A.G. to Bolster GHG Cuts in Plan
We would have been better off if he just stuck with Linda Ronstadt.


The office of A.G. Jerry Brown is pressuring San Diego County officials to revise a proposed general plan update forecasting growth in the region to more aggressively address and mitigate greenhouse gas (GHG) emissions. The AG’s office argues the county’s plan to analyze and reduce GHG emissions is legally deficient under the California Environmental Quality Act (CEQA). The County argues their plan significantly reduces growth and GHG emissions compared with the County’s existing general plan. County officials maintain that the makeup of the region, including its transportation system, puts them in a difficult spot to reduce GHG emissions even more than proposed in their revised plan. The A.G. says the CEQA documents’ discussion of GHG emissions is conclusory and does not describe the methodology used to arrive at the GHG reduction predictions. Nor does it analyze how mitigation measures are expected to lead to such reductions. The county concedes that it cannot quantify any GHG reductions but the A.G. asserts there is insufficient evidence in the record to support the county’s belief that creating new urban areas in the rural sections of the county will lead to fewer vehicle miles traveled. Letter available from the A.G.’s office dated: August 31, 2009 addressed to Mr. Devon Muto.


A.G. Challenges San Joaquin Air District CEQA GHG Policy
Governor Moonbeam to the rescue!


The office of A.G. Jerry Brown appears very concerned at San Joaquin Valley air district’s proposed policy for addressing GHG emissions from new projects under CEQA arguing that the district’s GHG “thresholds” fail to hold up to legal scrutiny. The AG’s office argues the proposed policy may result in lost opportunities for the district and local governments to require GHG emission reductions under CEQA.


The E.U. on the Rampage

E.U. to Mandate ‘Nearly Zero’ Power Use by Buildings
So like are we all going to live in teepees?


European legislators and countries struck a deal to introduce tough new energy-efficiency regulations for all electricity-using appliances and buildings within the next decade. Most significantly, the E.U. directive will require that nearly all buildings, including large houses, constructed after 2020 include stark efficiency improvements or generate most of their energy from renewable sources, coming close to “nearly zero” energy use. European countries will also be required to establish a certification system to measure buildings' energy efficiency. These certificates will be required for any new construction or buildings that are sold or rented to new tenants. Existing buildings will also have to, during any major renovation, improve their efficiency if at all feasible. A second directive agreed on yesterday will expand the scope of efficiency labeling to all consumer products that use energy, eventually covering everything from hot water taps to vending machines. Most prominently, all electricity-using appliances for the home will have to be accompanied by an efficiency rating — from a green “A” to a red “G” — in any advertisement that touts price or energy savings. The rule is meant to raise consumer awareness of the gradient in energy savings available when purchasing televisions, freezers and washing machines, for example.
See: http://www.nytimes.com/gwire/2009/11/18/18greenwire-eu-to-mandate-nearly-zero-power-use-by-buildin-59814.html


U.K.’s Environment Agency Considers Carbon Tax on Driving, Heating and Holidays
This Scrooge sounds a bit like Lenin, Tolstoy and the like. He has his so the rest of us can just eat cake.


Drivers, households and holidaymakers should be hit with a carbon tax to tackle global warming, according to the head of U.K.’s Environment Agency. Lord Smith, the agency head, wants to see personal carbon allowances for individuals to cut greenhouse gases by penalizing people for using too much fuel. Every time someone used their car, took a flight or turned their central heating on, their personal allowance would go down. If it hit zero, they would have to pay to get more carbon credits. Another spokesman said “A lot of people who do cycling will get money back. It will probably only be bankers and those on extravagant lifestyles who would lose out.” But critics said the ‘Orwellian’ plan would be a massive blow to British business by making it harder than competitors to travel round the world. It could also hit poorer households who exceed their carbon budget and have to pay to buy extra credits. Families who want to take foreign holidays would be particularly affected.
See: http://www.telegraph.co.uk/earth/environment/carbon/6527970/Everyone-in-Britain-could-be-given-a-personal-carbon-allowance.html


California

California Moves Forward
California dreamin’….


The California Air Resources Board announced today that more than 97% of the state’s 605 largest factories, cement plants, refineries and power plants have reported how much carbon dioxide and other heat-trapping gases they emit. At the same time, California became the first state in the nation to accredit third-party professionals to make sure the polluters accurately report their emissions. The first 101 individual verifiers and 17 businesses completed a 40-hour course and final examination. Verification of all reported emissions will be required beginning next year, providing a key database for the state’s proposed cap-and-trade regulations which is scheduled to take effect in 2012.
See: http://latimesblogs.latimes.com/greenspace/2009/11/global-warming-california-pushes-ahead.html







Monday, November 16, 2009

Climate Change Summary Newsletter and Commentary

Climate Change Summary Newsletter and Commentary
November 16, 2009


Steven L. Hoch
Brownstein Hyatt Farber Schreck, LLP


Melting Glaciers

Melting Ice Could Aid in Offsetting Global Warming
If so, shouldn’t we be melting more?
The melting ice in Antarctica has opened a new area of sea where tiny marine plants have bloomed and are absorbing extra carbon from the atmosphere. When the ice melts, carbon-absorbing phytoplankton begin to take up extra amounts of carbon dioxide from the atmosphere, becoming what scientists describe as a carbon sink. According to the results of their research, the phytoplankton absorb an estimated 3.5 million tons of carbon, which is equivalent to 12.8 million tons of carbon dioxide.
Journal of Global Change Biology at: http://www.wiley.com/bw/journal.asp?ref=1354-1013


Scientists Connect Loss of Arctic Sea Ice to Drought in California
Maybe the drought is really caused by the phytoplankton.
Periodic thawing of ice caps in the Arctic and warmer global temperatures tended to coincide with long stretches of drought in California as the Earth adjusted to various fluctuations over the past 20,000 years, according to a recent study. The results, if accurate, could point to continued periods of drought in California as the planet continues to warm.
Published in Earth and Planetary Letters http://www.elsevier.com/wps/find/homepage.cws_home


In Kenya, a Melting Ice Cap Prompts Religious Turmoil
If we move the phytoplankton to Kenya will we help preserve the status quo?
Melting ice on Mount Kenya means more than dry riverbeds for locals. It has triggered a crisis of faith for those who still practice tribal religions that revere Mount Kenya as the home of God. “This is where our God lives, and it is being destroyed,” said Mwangi Njorge, 95, who still makes sacrifices to the deity he believes resides on top of the ice cap. He attributes the vanishing glacier to God’s fury. “God is very angry, and if things don't change, I fear he might abandon us forever.” Locals worry that the loss of the ice cap may mean the end of their traditional customs, as well. Published 11/10 in the LA Times. http://www.latimes.com/news/nationworld/world/la-fg-climate-mtkenya10-2009nov10,0,3451662.story

Litigation

Plaintiffs in Alaska Climate Nuisance Case File Appeals Notice
The Court giveth, the Court taketh away.
Plaintiffs in a recently dismissed climate change nuisance suit alleging that a group of energy companies are responsible for the greenhouse gas emissions that have contributed to the erosion of their coastal Alaska village filed a notice of appeal of their case Nov. 5 in the U.S. Court of Appeals for the 9th Circuit. Native Village of Kivalina v. Exxon Corp., was dismissed Sept. 30 by the U.S. District Court for the Northern District of California. Interestingly, utility defendants in a separate case, State of Connecticut, et al. v. American Electric Power Company Inc. (AEP), et al., are citing the Kivalina decision in urging the U.S. Court of Appeals for the 2nd Circuit to rehear its ruling in the suit holding power plants liable under tort law for the impacts of their GHG emissions. Kivalina – Case No. 4:08 –cv-01138-SBA


Carbon Sequestration

Carbon Sequestration Pilot Project at Coal-Fired Plant in West Virginia
Makes coal squeaky clean?
A pilot carbon sequestration project at a coal-fired power plant in W.Va. has been commissioned. The $120 million demonstration project is designed to capture at least 100,000 metric tons of carbon dioxide annually from a portion of the 1,300-megawatt coal-fired plant and store it underground. The slipstream of flue gas is chilled and combined with a solution of ammonium carbonate, which absorbs the carbon dioxide to create ammonium bicarbonate. The ammonium bicarbonate solution is pressurized and heated in a separate process to produce a high-purity stream of carbon dioxide that is then compressed and piped into storage about 1.5 miles beneath the plant surface. Roughly 90 percent of carbon dioxide from the slipstream will be captured and permanently stored. Funds for expansion to apply the technology to the entire plant are being sought. See: http://www.aep.com/environmental/climatechange/carboncapture/docs/MountaineerPlantProject.pdf


Agriculture

The Green Revolution is Coming to Local Wineries
Let’s drink our way to carbon neutrality!!!
Rodney Strong Wine Estates announced last month that it had gone “carbon neutral.” The winery enrolled in PG&E’s ClimateSmart Program. Each month, the winery pays additional on its utility bill, an amount calculated by PG&E to offset the amount of greenhouse gases it generates to produce the electricity and gas used by the winery. That left 750 tons of carbon the winery had yet to compensate for. The winery looked close to home for alternative energy projects to support, but it wasn’t easy. So they turned to a Vermont company called NativeEnergy, which sold the winery carbon offsets for three projects:
http://www.pressdemocrat.com/article/20091108/BUSINESS/911081051/1350?Title=Green-wines-in-your-future-#


Study Claims Up To $13B in Profits for Farmers in Cap and Trade with Right Incentives
Since cap and trade will be run by the government, its oxymoronic to even assume the “right incentives will fall into line.”
A new University of Tennessee study predicts profits, up to $13 billion a year for agriculture in a cap-and-trade plan, provided the right incentives fall into line. Except for rice, eight of nine major crops, including soy, wheat, and corn, would benefit from the program over the next 15 years, it found. But influential farm groups are aggressively campaigning against climate legislation because they say it will raise fertilizer and fuel prices and force crop acreage out of production. The report is available through University of Tennessee Bio-Based Energy Analysis Group. See:
http://www.agriculture.utk.edu/news/releases/2009/0908BEAGstudy.html


Solar Power

Solar Industry Wary of Proposed Ban on Hazardous Cadmium
As is usually the case, we take one step forward, two steps backwards.
As the solar industry expands, some in the industry are worried that a proposal in Europe to add photovoltaic panels to a law restricting hazardous materials could hamper business and cost jobs. First Solar (Tempe, AZ) is among the top makers of an ultrathin solar panel that is more versatile than conventional crystalline models. But the new panels require cadmium, a hazardous compound, to convert sunlight into electricity. Calyxo, (Germany), uses similar technologies, while GE recently announced plans to market panels that use cadmium. The move also raises questions over the meaning of sustainable energy. Energy efficient products like compact fluorescent lightbulbs, for example, are made using mercury, a potent neurotoxin that is dangerous in large quantities. First Solar is seeking to have the industry exempt from the ban. Others, it would appear, will join in. Published in the New York Times on 11/9.
http://www.nytimes.com/2009/11/09/business/energy-environment/09iht-green09.html?_r=1


Japan Looks to Harvest Solar Power in Space
Gives a new meaning to “Beam me up Scotty.”
Japan’s space agency has assembled a team of companies and researchers to develop an orbiting technology that could capture the sun’s rays in space and beam them down to Earth using lasers or microwaves. The technology would use photovoltaic dishes several square kilometers in size to capture solar beams in space that are five times as strong as on Earth. Enormous parabolic antennae located in restricted areas at sea or on dam reservoirs would capture the transmitted energy for use. Published in the Brisbane Times on 11/8.
http://news.brisbanetimes.com.au/breaking-news-world/japan-eyes-solar-station-in-space-20091108-i3ba.html


Communication

Climate Scientists Need to Change Their Public Approach
Nice way of saying, if you’re a geek, chances are no one understands you. This should make the NY Times’ Top Ten List.
A recently published book entitled “The Psychology of Climate Change Communication” asserts that gap in understanding about climate change between scientists and the public stems from a lack of effective communication by scientists. Having information about climate is one thing but how it is presented will determine whether it will resonate with people, and whether it will lead to action. The lessons in the book are not about manipulating people, but “to make credible climate science more accessible to the public.” Research presented in the book found that lots of Americans have a very fuzzy understanding of how climate change works. See: http://www.cred.columbia.edu/guide/


Geoengineering

Turn Deserts into Forests
What are these guys drinking at the local oasis?
A group of scientists is arguing that Transforming large tracts of the Sahara and a string of African nations into lush forests could stem climate change. They also say the cost would be approximately $1.9 trillion per year. Their solution involves planting fast-growing trees like eucalyptus and watering them through a vast irrigation system of desalinated seawater, which they say would be more cost-effective than carbon sequestration. Critics of the plan say that desert regions have their own unique ecosystems, which would be destroyed, but the authors state that the sacrifice is necessary to stem global warming.
Published in the London Guardian on 11/4. http://www.guardian.co.uk/technology/2009/nov/04/forests-desert-answer-climate-change/print







Monday, November 9, 2009

Climate Change Summary Newsletter and Commentary

Climate Change Summary Newsletter and Commentary
November 9, 2009



Steven L. Hoch
Brownstein Hyatt Farber Schreck, LLP


The Prairie Rebellion
Wind Industry Runs Afoul of a Kansas County
“Toto, I've a feeling we're not in Kansas any more… Opps, I am!”
The Kansas Supreme Court upheld a Wabaunsee County zoning ordinance banning industrial-scale wind development across 791-square miles of tallgrass prairie that county officials say should remain unsullied by wind turbines and transmission lines. While a number of installations across the country have been attacked by environmentalists concerned that new energy plants will destroy valuable plant and wildlife habitat, most of those challenges involve the siting of turbines, solar arrays or powerlines on protected lands such as parks, wildlife refuges, or wilderness areas. The Wabaunsee County zoning law, by contrast, targets the development of wind projects on private lands, something industry representatives, and others say could set a dangerous precedent. But the decision also raises some complicated constitutional questions that could have implications for domestic energy development and the ability of local governments to regulate it. The Kansas Supreme Court has agreed to hear those arguments in briefs and oral arguments due in the coming months. See: http://www.nytimes.com/gwire/2009/11/05/05greenwire-wind-industry-faces-prairie-rebellion-in-kansa-34024.html


Money
Economists Agree Climate Uncertainty Boosts Value of GHG Controls
“Economics has never been a science - and it is even less now than a few years ago.” Paul A. Samuelson
A recent study of economists dealing with the climate change issue shows deep divides over how to quantify the benefits of reducing GHG emissions, but broad consensus that the United States should act now to reduce its carbon footprint — unilaterally if necessary — to avoid the worst effects of global warming. The economists also agree policymakers should pursue a “market-based” approach to addressing the threat of climate change, with the vast majority backing a policy of auctioning all emission allowances and using the revenue to cut taxes or directly compensate consumers, rather than freely allocating permits to emitters. Several key areas of disagreement remain among economists, however, chiefly on the issue of the correct market value for carbon, with the survey showing a “tremendous range of responses.” “The social cost of carbon is a controversial issue that economists continue to struggle with,” the survey concludes. “Perhaps the response that best captures the uncertainty regarding the damages generated by greenhouse gas emission was: ‘No one knows, including me.’”
See: http://www.law.nyu.edu/news/IPI_ECONOMISTS_SURVEY


Health Care Costs Linked to Need for Climate Legislation
But if it gets warm, we will have less cold.
Congress has received several reports linking the increase in medical costs which the nation will incur if climate legislation isn’t passed. The reports include an Oct. 29 study by Trust for America’s Health “Health Problems Heat Up: Climate Change and the Public’s Health”; an Oct. 19 congressionally mandated report by the National Research Council (NRC), “The Hidden Costs of Energy: Unpriced Consequences of Energy Production & Use,” which includes public health costs; and the forthcoming National Institute of Environmental Health Sciences (NIEHS) study, “The Public Health Impacts of Reducing Greenhouse Gas Emissions,” to be published next month in the medical journal The Lancet. The two leading health bills circulating in Congress both include health-related global warming language. Advocates say it is imperative those provisions remain and that both bills provide a clear mechanism to link public health and climate change, as well as address problems outlined by the recent reports. Read published reports at:
http://healthyamericans.org/


War on Drugs
Military Experts Warn Climate Change Could Complicate Drug War
How much more complicated can it get?
The drug trade could thrive as climate change stretches Latin American security forces thin, according to ongoing studies by two top security think tanks. Colombia is a good example of the threats America’s southern neighbors face from rising temperatures, according to a detailed examination by CNA, a nonprofit military research group. The chain of cause and effect, however, is complex. For one, farmers may grow more coca, the crop used to make cocaine, as decreased water supplies, degraded soils and pests threaten coffee growers in the Andes. “There will be more and more pressure to shift to coca cultivation. Coca grows like a weed just about anywhere,” said David Catarious, a CNA research analyst. Today, coffee farms contribute one-third of Colombia’s agricultural revenue and employ a quarter of its rural workforce. Rural populations moving to resource-stressed cities also are destabilizing threats. As the internal dynamics of the country grow more chaotic, organized crime has an easier time moving in, Catarious said. Agriculture and fishery sectors, along with coastal areas, will be particularly vulnerable, said Shiloh Fetzek, head of the climate change program at the Royal United Services Institute, a U.K.-based think tank that has released a preliminary study of Central America and Mexico’s climate threats. Rural migrants all over may move to cities, where they will face unemployment and may fall easy prey to organized crime. Also, governments could lose control of rural territories, and existing social tensions could flare as natural disasters strike more often. See: http://cna.org/


And If All Else Fails
Plan B for the Planet
After they’re done with Plan B we’ll probably need a C and D….
Some geoengineering schemes to fight climate change would probably succeed in cooling the planet, scientists stated an MIT recently - but whether we should ever deploy them is still an open question. Researchers who gathered at MIT outlined a stark list of potential side effects of different climate engineering approaches, including further depleting the ozone layer, inducing drought and turning the blue sky white. At the same time, many experts said geoengineering could be a planetary "Plan B," an option to exercise if cutting greenhouse gas emissions can’t stave off dangerous climate change. While many proposed geoengineering approaches evoke low-budget science fiction — using a giant garden hose to spew sulfur particles into the sky, launching an array of mirrors into space or planting acres upon acres of carbon dioxide-munching plastic trees — the idea of using technology to artificially cool the planet is gaining ground. Climate engineering options that seek to pull carbon dioxide from the air seem less risky, but also less effective. They include fertilizing the oceans with iron to spur the growth of algae that consume CO2, enriching soil with charcoal, or planting forests of artificial carbon-eating trees. Abstracts at: http://mit.edu/


Insurance
Climate Insurance is Considered as Negotiators Prep for Copenhagen
You’re in good hands with All America Insurance.
Advocates for nations vulnerable to climate change are accusing the United States of trying to “kill” a prominent global warming provision that would create a massive insurance program for countries that face rising destruction from natural disasters. The controversial measure — which currently is part of the voluminous draft treaty text leading up to international climate talks in Copenhagen — seeks financial payments for countries that might slip underwater sometime this century, as well as for those that increasingly suffer from drought, floods and cyclones. The program could cost the United States and other developed nations billions every year. Dozens of small island nations have managed to get the international insurance program included in the draft on climate adaptation, which is being parsed and consolidated this week in Barcelona, Spain, before final U.N. negotiations open in Copenhagen next month. See: http://unfccc.int/


The Pink Panther
PPG Recognized as a Leader for Its Carbon Disclosure Transparency
If he’s so transparent, how do we know he’s still pink?
PPG Industries has been recognized as a leader for its carbon disclosure transparency and emissions management by the Carbon Disclosure Project (CDP) within the S&P 500 Index companies in the CDP’s 2009 Leadership Index (CLDI). PPG scored 81 of a possible 100 points in the CLDI, ranking second in the materials sector, which had an average score of 59. In addition, PPG ranked third among materials companies for the CDP’s pilot “performance-based” metrics, which measure a company’s plans and actions to reduce greenhouse gas emissions. The Carbon Disclosure Project holds the largest database of corporate climate change information in the world and represents more than 475 signatory investors with combined assets under management of more than $55 trillion. The CDP solicits information annually from the world’s largest companies. The CDP’s mission is to facilitate a dialogue between investors and corporations, supported by high quality information from which a rational response to climate change will emerge.
See: http://azom.com/