Weekly Climate Change Update- May 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

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

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

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

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.

U.S. Climate Change Policy Will Drive Significant Investment Opportunities in Traditional and Alternative Energy

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.

Energy's Next Step

Once heralded as the lynchpin to America’s energy independence, ethanol is increasingly under attack as a flawed energy resource. The livestock and food industries criticize ethanol for the impact it has on the price of corn. Environmentalists point out that corn ethanol takes almost as much energy to make as it produces. Communities in more arid regions of the country worry about corn ethanol’s high demand for water.

New Wine Into Old Bottles: The Feasibility of Greenhouse Gas Regulation Under the Clean Air Act

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

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.

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.

The Future is Now: The Business, Technology and Politics of Global Energy

Van Ness Feldman's Shelley Fidler will speak during the last session, "Curbing CO2 Emissions in the U.S.: Can Policy and Technology Make an Immediate Impact?" at 4 PM in room G004-A of Ruffner Hall.

Midwest Energy Association: Legal and Regulatory Affairs Roundtable

Topics this year consisted of Public Utility Commission, Legislator, Regulatory Panel, Renewable Energy, Energy Efficiency, Decoupling and Washington & Regulatory Update.

Carbon Markets U.S. Forum

Van Ness Feldman's Bob Nordhaus spoke on legal and legislative developments and the firm exhibited at this conference, the first such event in the U.S. for leading global greenhouse gas media outlet and market advisory service Point Carbon.

Legal Dimensions of Climate Change Conference

You will learn about: The Importance of Climate Change to Lawyers, National, State and Municipal Policy Initiatives, The Global Perspective and The Corporate Risks and Opportunities.

The Greenhouse Gas Emissions Trading Conference