Strategic Advice & Policy Development Practice
Issue Alerts
Weekly Climate Change Update- May 12, 2008
Kyle Danish, Shelley Fidler, Kevin Gallagher, Alex LazurMay 12, 2008
The Lieberman-Warner bill continues to take center stage in Climate Change news, as it appears that Democratic Senators from manufacturing states may not vote for it. Provisions allowing the use of Clean Development Mechanism credits and credits from activities to reduce deforestation in developing countries might possibly be added to the Manager's Amendment. In addition, the Pew Center on Global Climate Change released a report reviewing the European Union Emissions Trading Scheme and how it might be helpful in designing a U.S. program.
Weekly Climate Change Update - May 5, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherMay 5, 2008
Over the last week, the biggest emerging question is what will be in the Manager's Amendment, an overhaul of the Lieberman-Warner bill designed to attract more votes. Meanwhile, the Energy Information Administration released its analysis of the Lieberman-Warner bill, showing allowance prices doubling from $30/ton to $60/ton between 2020 and 2030. Also, some Senate Republicans may endorse an alternative approach proposed by Senator Voinovich that focuses on tax incentives and other subsidies for clean energy technologies.
Weekly Climate Change Policy Update - April 28, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherApril 28, 2008
Noteworthy in Climate Change news this week was the "Manager's Amendment" drawn up by the staff for Senators Boxer, Lieberman, and Warner. In addition, Senator Voinovich (R-OH) is working on a bill focusing on technology incentives. Also, some Senators are considering ways to expand the Lieberman-Warner bill to target deforestation.
Weekly Climate Change Policy Update - April 21, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherApril 21, 2008
President Bush's Rose Garden speech on climate change policy was the topic of conversation in this week's climate change news, although it brought about less of an impact than anticipated. In addition, the Governors of 18 states signed a declaration requesting a federal-state partnership to address climate change. Also in the news were the two front-page articles in the Wall Street Journal on problems with the Kyoto Protocol's Clean Development Mechanism.
Weekly Climate Change Policy Upate - April 14, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherApril 14, 2008
It is expected that the Lieberman-Warner bill will be brought to the Senate floor on June 2nd, which will likely include a manager's amendment to the bill. Also in the news is the "cost containment" compromise that could be in the works with the help of the National Commission on Energy Policy, the Nicholas Institute, and the US Climate Action Partnership.
Articles
U.S. Climate Change Policy Will Drive Significant Investment Opportunities in Traditional and Alternative Energy
Ben McMakin and Janet AndersonManaged Funds Association Reporter
April 2008
A new President and the likelihood of more Democrats in the House and Senate may tip the balance of power in energy debates from traditional oil and gas interests to proponents of new energy sources and cleantech goods and services. While we watch the election unfold, and as the rhetorical battles over energy policy continue in Washington, D.C., climate change legislation looms largest of all the energy debates.
New Wine Into Old Bottles: The Feasibility of Greenhouse Gas Regulation Under the Clean Air Act
Robert NordhausNew York University: Environmental Law Journal
March 15, 2007
On November 29, 2006, Massachusetts v. EPA was argued before the United States Supreme Court. This essay, written before the decision was issued, presumes that the Court has decided that EPA was authorized or required to regulate CO2 under the CAA and explores the issues of 1) whether EPA could construct a domestic program to regulate CO2 emissions and other greenhouse gas (GHG) emissions under the statute in its present form and 2) would such a program be a comprehensive and cost-effective means of controlling such emissions?
An Overview of the International Regime Addressing Climate Change
Sustainable Development Law and Policy Vol. VII, Issue 2Kyle Danish
American University Washington College of Law
2007
The current international climate change regime comprises a network of agreements and mechanisms. A high water mark in the evolution of this regime was the entry into force in February 2005 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change. However, the Kyoto Protocol will not be the final word on the issue. Its emission limits cover only a fraction of the world’s greenhouse gas emissions and those limits expire in 2012. Kyle Danish contributed a chapter in the American University Washington College of Law, Sustainable Development Law and Policy Journal (Kelly Rain, Maria Vanko, eds.)
Designing a Mandatory Greenhouse Gas Reduction Program for the U.S.
Robert Nordhaus, Kyle DanishPew Center for Global Climate Change Report
May 1, 2003
The Pew Center asked report authors Robert Nordhaus of Van Ness Feldman, P.C., and George Washington University Law School, and Kyle Danish of Van Ness Feldman to examine options for designing a mandatory U.S. greenhouse gas reduction program. Three options are specifically evaluated: (1) cap-andtrade programs, (2) greenhouse gas taxes, and (3) a “sectoral hybrid” program that combines efficiency standards for automobiles and consumer products with a cap-and-trade program applicable to large sources of greenhouse gases. In addition to identifying design issues unique to each type of program, the authors evaluate the options according to the following criteria: environmental effectiveness, cost-effectiveness, administrative feasibility, distributional equity, and political acceptability.
Designing a Climate-Friendly Energy Policy
Van Ness Feldman AttorneysPew Center for Global Climate Change Report
July 1, 2002
Energy use and climate change are inextricably linked. In the current national energy policy debate, choices made today will directly impact U.S. greenhouse gas (GHG) emissions far into the future. In addition, near-term energy policy decisions will affect the costs of implementing any future climate policy. This report contributes to the debate by examining a number of “climate-friendly” energy policy options for the near term—that is, policies that would advance U.S. energy policy goals during the next few decades while at the same time contributing to efforts to curb global warming.
Seminars & Events
6th Annual Conference, The Green Business Summit: Adapt, Innovate, Transform
Fairview Park Marriott, Falls Church, VAJune 5, 2008
Van Ness Feldman's Tracy Nagelbush is attending this event.
EMA 12th Annual Spring Conference
The Conrad Hotel, Miami, FLApril 29, 2008
Kyle Danish will be a panelist during the Luncheon Roundtable and Conference Wrap Up: "US v. the World in CO2: Can we regain our competitive edge?" from 12:30-2:00 PM on May 1.
ALI-ABA Global Warming: Climate Change and the Law
Marriott Metro Center, Washington, DCApril 3, 2008
Kyle Danish will speak on the Kyoto Protocol during Webcast Segment A on April 3 at 10:30 AM.
Electric Energy: Markets, Regulation and Investment
Capital Hilton Hotel, Washington, DCMarch 3, 2008
Van Ness Feldman's Douglas Smith and Kyle Danish will be two of the Program Co-Chairs. Mr. Smith will speak at 10:45 AM on March 3 during the session "Electricity Utility Regulation: Current Regulatory Challenges". Mr. Danish will speak at 3:15 PM on March 3 during the session entitled "Climate Change and Strategies for Electric Utilites and their Regulators".
Carbon Forum America 2008
Moscone Center, San Francisco, CAFebruary 26, 2008
Please visit the Van Ness Feldman booth (#129) at this conference. John Buchovecky, Kyle Danish, Ben McMakin, and Curt Rich will attend.