Articles Posted in Climate Change

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The U.S. Geological Survey issued a report on April 3, 2009 finding that glacial ice in Antarctic is melting more rapidly than originally predicted. Noting that Antarctica contains the largest reservoir of glacial ice on the planet, the report points to climate change as the culprit.

In a statement released with the report, the USGS pointed to the importance of climate change in accelerating the loss of glacial ice. “The rapid retreat of glaciers there demonstrates once again the profound effects our planet is already experiencing-more rapidly than previously known– as a consequence of climate change. The scientific work of USGS, which is investigating the impacts of climate change around the world, including an ongoing examination of glaciers, is a critical foundation of the Administration’s commitment to combat climate change.”

Giving more emphasis to the significance of this loss of ice, Jane G. Ferrigno, the lead glaciologist on the study noted: “This continued and often significant glacier retreat is a wakeup call that change is happening in our Earth System and we need to be prepared, Antarctica is of special interest because it holds an estimated 91 percent of the Earth’s glacier volume, and change anywhere in the ice sheet poses significant hazards to society.”

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The Blue Green Alliance, an organization representing labor unions and environmental groups, has issued a policy statement urging adoption of comprehensive cap and trade legislation during 2009.

In a press release announcing its position the Alliance, representing such diverse interests as the United Steel Workers and the Sierra Club, stated: “this legislation is an effective way to rapidly put millions of Americans back to work building a clean energy economy and to reduce global warming emissions to avoid the worst effects of climate change.” According to the press release the group believes “[r]ising energy costs to low- and moderate-income Americans and adversely-impacted regions can be offset with rebates or tax credits. The Alliance also supports complementary regulation, including standards for renewable energy, energy efficiency resources and fuel and appliance efficiency. In addition, climate change legislation should include investments in a wide range of technologies…”

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The Governor of New Hampshire has issued a Climate Action Plan. The 82 page plan seeks to implement a program that will result in a reduction of greenhouse gas emissions to 90 percent below 1990 levels by 2050.

The recommendations contained in the plan include:

“1. Maximize energy efficiency in buildings 2. Increase renewable and low-CO2-emitting sources of energy in a long-term sustainable manner.

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A Utah state senator has introduced a bill which would require undertaking an economic impact review before adoption of any legislation or executive order related to climate change. The economic analysis would include: ” (a) economic impacts, if any, on existing Utah industry, business, and consumers; and (b) impact on Utah’s ability to attract industry to rural Utah and urban Utah.”

The proposed legislation also directs that Utah ensure that any federal regulation related to climate change “is not premature to the investigation, development, testing, redesign, and implementation of climate change technologies on a commercially successful and widespread basis.” It will be interesting to see how far this proposal gets in the legislature and, if successful, whether it will start a trend among state legislatures.

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The mayors of San Francisco, Oakland and San Jose California signed on to the Bay Area Climate Change Collaborative last week. The Collaborative sets specific goals for the member communities.

Included among the goals are reducing reliance on fossil fuels and creating “green” jobs. In addition, the intent is to bring other communities in the area within the Compact in order to move toward more sustainable energy and work collaboratively in combating the impacts of fossil fuels.

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New York’s Appellate Division (Fourth Department) issued a decision in early February, 2009 upholding a denial by the Town of Ellicottville of site plan and special permit approval to construct a cogeneration plant using wood chips as fuel, as part of a larger development proposal. In Matter of Laidlaw Energy and Environmental Inc. v Town of Ellicottville, the court found that the conclusion contained in the New York State Environmental Quality Review Act (SEQRA) findings that “serious increases in harmful emissions” from the plant would result in an “unacceptable adverse impact” was not arbitrary and should be upheld.

In what appears to be one of, if not, the first decision in New York to deny a land use approval due to concern over carbon emissions, the court has found that this is a proper consideration under SEQRA. Unfortunately, the decision goes into little detail about the findings or the issues posed. However, thanks to Daniel Spitzer, Esq. the partner at Hodgson Russ LLP, who successfully defended the decision, we were able to obtain a copy of the Town’s detailed SEQRA findings.

The findings focused on a number of issues but Greenhouse Gases (GHGs) and Carbon Dioxide were a focus in the analysis of the cogeneration plant, noting in part: “the issue of carbon neutrality is far more complicated, and while biomass plants can be carbon neutral, the Laidlaw proposal is neither carbon neutral when viewed locally or regionally, because the Laidlaw proposal is not coupled with a sustainable agricultural management program….Laidlaw is not planting new trees to take up the carbon. It is burning the dead or trimmed mature trees, meaning the fuel source will not absorb the carbon released in equal portions.” The findings also discuss attempts to have Laidlaw put together a sustainable agricultural management program in conjunction with the plant and the refusal of Laidlaw to implement such a plan.

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The Audubon Society has issued a report, based upon 40 years of study in the United States, entitled “Birds and Climate Change Ecological Disruption in Motion.” The report concludes that global warming is having a significant impact on the migratory pattern of birds. It notes: “planned, science-based habitat conservation efforts will be increasingly essential to avoid a growing toll on birds and wildlife, along with the loss of a wide array of ecological benefits, from clean water supplies, insect control and seed distribution provided by birds, to travel and tourism revenues.”

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In what may signal another break with Bush Administration policy, EPA Administrator Jackson issued a letter in response to a petition from the Sierra Club indicating the EPA would review a Bush Administration memo interpreting the scope of the Clean Air Act. While refusing to stay the Bush era memorandum, the letter states that the memorandum should not be considered the “last word on the appropriate interpretation of the Clean Air requirements.”

The memorandum relates to the application of regulations to carbon dioxide emissions. An EPA press release concerning the letter to the Sierra Club states, in part, that the review will ensure that the ultimate interpretation “is consistent with the Obama Administration’s climate change strategy and interpretation of the Clean Air Act.” As noted in the press, this review may have significant impacts on the regulation of carbon dioxide emissions from coal-fired power plants.

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A New York City panel created by Mayor Bloomberg issued a report predicting significant increases in temperature and sea level in and around New York City over the next 70 years. The report predicts sea level rise of up to two feet and mean annual temperature increases of up to 7.5 degrees.

In a press release summarizing the findings it was noted: “[t]he report also projects that extreme events – such as heat waves, short periods of intense rain, droughts, and coastal flooding – are likely to become more frequent and more intense. In contrast, cold day events, where the temperature drops below freezing, will decrease in frequency.”

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President Obama announced today that he was directing the EPA to reconsider the request by California to institute tougher standards for vehicle carbon dioxide emissions. It is expected that several other states may make similar requests if California, which was originally denied, is now granted approval. The move to review California’s request was reportedly hailed by Governor Schwarzenegger. In an attempt to address global warming issues the President also directed that federal fuel efficiency standards for 2011 be released by the Department of Transportation by March of this year.

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