View
153
Download
0
Category
Preview:
DESCRIPTION
Law and the Environment 2011, University College Cork, April 2011.
Citation preview
Climate Change Law and Policy After Cancún
Rónán Kennedy
24 March 2011
Law School
Climate Change
• Human activity leads to emission of gases – Carbon dioxide, methane, nitrous oxide
• Gases alter the climate system • Global temperature is increasing • Likely adverse effects on
– human health – biodiversity – ecological productivity
2
Regulatory Issues
• Emissions unavoidable by-product of economic activity • Still large stocks of fossil fuels remaining • Atmosphere is a ‘global commons’
3
Likely Impact on Ireland:
– Changes in rainfall patterns – Warmer summers and winters – Changes in growing season – River flooding may increase – Sea level rises
Law School
Likely Resulting Costs
• Obvious impact on population centres • Damage to infrastructure • Impacts on farming? • Increased need for irrigation
– balanced by new market opportunities?
5
• UN Framework Convention on Climate Change (1992) – Purpose: stabilize “greenhouse gas concentrations in
the atmosphere at a level which would prevent dangerous anthropogenic interference with the climate system” (Article 2)
– Opened for signature at UNCED in 1992, in force 1994 • Kyoto Protocol (1997)
– US and Australia refused to ratify – Europe coaxed Russia into ratifying in 2004
• Policies and measures to reduce emissions • Aggregate emissions reduced
– by at least 5% below 1990 levels – in the commitment period 2008 to 2012
Kyoto “Flexible Mechanisms”
– Emissions trading (cap-and-trade) • No legal limit to amount purchased (Bonn)
– Joint implementation • Projects shared between developed countries
– Clean Development Mechanism • Projects in developing country but funded by developed
country
• MOP-1 in Montreal, November 2005 – Focus on dialogue for the future
• MOP-2 in Nairobi, November 2006 – Not very productive
• MOP-3 in Bali, December 2007 – Agreed “roadmap” to December 2009 for post-2012 regime
• MOP-4 in Poznan, 2008 – No significant breakthroughs
• MOP-5 in Copenhagen, 2009 • MOP-6 in Cancún, 2010
Preliminary work for Copenhagen Conference
• Two tracks (ad hoc working groups): – Long-term Cooperative Action (AGW-LCA) – Kyoto Protocol (AWG-KP)
• Collectively – “The Bali Roadmap”
Law School
The “Copenhagen Accord”, 2009
• Emission reductions by Annex I countries • Mitigation actions by non-Annex I countries • “Copenhagen Green Climate Fund” • To be assessed by 2015
Law School
MOP-6, Cancún, Mexico (Nov-Dec 2010)
• Positive outcomes – Approved “Accord” – Established “Adaptation Framework”/“Committee” – “Green Climate Fund” (with pledges)
• Shift from “top-down” to “bottom-up” approach?
• Procedural and substantive challenges:
– Unwieldy procedures
– North/South suspicions
– Ideological grandstanding
– Need for consensus
Law School
US: Application of Clean Air Act
• Massachusetts v EPA • National Fuel Efficiency Policy • Tailoring Rule • Regional voluntary cap-and-trade systems
Law School
US: Legislative Proposals
• American Clean Energy and Security Bill (Waxman-Markey) • Clean Energy Jobs and American Power Bill (Kerry-Boxer) • No new legislation expected
Law School
EU Response
• Negotiation of a ‘bubble’ for emissions • Overall target: reduction of 8% • Irish target: increase of 13% • EU Emissions Trading Scheme (EU ETS) • “20/20/20” target:
– by 2020, – 20% emissions reduction, – 20% use of renewables
Law School
• Directive 2003/87/EC • Two periods: 2005-2007 & 2008-2012 • Cap-and-trade system • Applies to some industrial activities (energy, ferrous metals,
mineral industry, etc.) • Allowances granted by governments, based on National
Allocation Plan (NAP) – 2005-2007: at least 95% free – 2008-2012: at least 90% free
ETS Penalties
• 30 April each year: – 2005-2007: €40/tonne – 2008-2012: €100/tonne
• Linking Directive (2004/101/EC) – Connected to JI/CDM
EU: Emissions Trading Scheme (ETS) Issues
• Over-allocation of allowances • Carbon leakage? • Lack of real impact? • Security issues
Law School
• Directive 1999/94/EC on consumer information on car economy and CO2 emissions (under review)
• Decision 1753/00/EC on CO2 monitoring for new cars • Regulation 443/2009/EC setting emission performance
standards for new passenger cars • Directive 2001/77/EC on renewable energy sources • Directive 2009/28 on renewable energy • Directive 2003/30/EC on biofuels (to be replaced by Directive
2009/28)
• Directive 2008/101/EC to include aviation in the EU ETS • Directive 2002/91/EC on the energy performance of buildings • Directive 2003/96/EC on taxation of energy products • Regulation 842/2006/EC on certain flourinated greenhouse
gases (and related technical regulations)
Other European Legislation
• Directive 2009/31/EC on carbon capture and storage • Changes to Fuel Quality Directive and Energy Performance of
Buildings Directive • Effort Sharing Decision (406/2009/EC) – Irish target: -20%
reduction in emissions
• 2000: National Climate Change Strategy launched • ‘Business as usual not an option’ • Key initiatives in NCCS:
– Carbon energy taxation – Use of emissions trading – Measures supportive of ending coal-firing at Moneypoint – Fuel switching to low and zero carbon fuels – Livestock reductions and lower fertiliser use – Fuel efficiency, demand management and modal shift in transport – Energy efficiency in construction – Adjustment of the new house grant
• Excise relief for biofuels • Domestic emissions trading linked with EU ETS • Carbon tax abandoned September 2004 • Moneypoint still open, retrofit approved • Back to ‘business-as-usual’?
• April 2007: National Climate Change Strategy • Projected emissions: 80 MtCO2E • Kyoto target: 63 MtCO2E • Reduction of 17 MtCO2E required
• Energy: ETS, renewable energy • Transport: Transport 21, car technology improvements,
support for biofuels • Residential: Building Regulations amendments • Industry: ETS, voluntary Large Industry Energy Network,
support for bioheat and CHP • Agriculture and Forestry: CAP reform, afforestation • Waste: diversion of biodegradable waste, landfill gas
capture • Public Sector: CFL bulbs, energy savings by OPW, carbon
offsets for air travel, biomass heating in schools
• Flexible Mechanisms – 3.6 MtCO2E purchase – Anticipated annual cost of €54 million
• Climate Change Commission • Annual Implementation Status Report (replaced by carbon
budgets) • EPA to prepare emissions reports and projections • New Climate Change Strategy to be prepared
• Environmental Protection Agency Act 1992 (as amended by Protection of the Environment Act 1992)
• Sustainable Energy Act 2002
• European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (SI 437/2004)
• Kyoto Protocol Flexible Mechanisms Regulations 2006 (SI 244/2006)
• European Communities (Greenhouse Gas Emissions Trading) (Amendment) Regulations 2005 (SI 706/2005)
• Building Regulations (Amendment) Regulations 2005 (SI 873/2005)
• European Communities (Energy Performance of Buildings) Regulations 2006 (SI 666/2006)
• Building Regulations (Amendment) Regulations 2007 (SI 854/2007)
• Planning and Development Regulations 2007 (SI 83/2007)
• Planning and Development Regulations 2008 (SI 235/2008)
• Carbon Fund Act 2007 • Motor Vehicle (Duties and Licences) (No. 2) Act 2008 • Planning and Development (Amendment) Act 2009 • Energy (Biofuel Obligation and Miscellaneous Provisions)
Act 2010 • Private Members Bills
Ireland: Carbon Budget 2010
• Carbon levy: €15 per tonne of carbon dioxide • Framework for Climate Change Bill
Law School
Government: Climate Change Bill
• Target: average 3% annual reduction on 1990 to 2020; 80% by 2050
• National Climate Change Strategy: statutory basis • Carbon Budget: also statutory basis • Climate Change Committee: statutory, high level experts • Change Change Adaptation: statutory, 8 year cycle • Domestic Carbon Offsetting/Trading • Monitoring, Reporting and Statutory Obligations
Law School
Joint Committee: Climate Change Bill
• Target: 20% reduction on 2005 by 2020; 30% if successor to Kyoto Protocol
• Office of Climate Change and Renewable Energy: part of Department of An Taoiseach
• National Climate Change Strategy: annual, by Taoiseach
• Climate Change Commission: independent
• Climate Change Dividend Fund: revenue from auctions, taxes
• Offset schemes: including forest carbon offsets
• Risk assessment: every 5 years
• Climate change statements: from significant public authorities and bodies
Law School
• 2001: 31%
• 2002: 29%
• 2003: 25%
• 2004: 23.7%
• 2005: 26.7%
• 2006: 25.6%
• 2007: 25%
• 2008: 3.99%
• 2009: 2.23%
Influences on the Future
• Better understanding of sustainability issues • Economic recession • Smaller-scale agreements between groups of states • Increasing media scrutiny and hostile public comment
Law School
Possible Future Responses
• Voluntary industry schemes • Public procurement criteria • Expansion of ETS • Public awareness campaigns • Product labelling • Financial instruments: carbon taxes & subsidies • Individual carbon credits (‘carbon rationing’)
37
The Future
• UNFCCC process in trouble? • Bilateral and small-scale multilateral treaties? • Climate Change Act 201x?
Law School
Recommended