Climate Change | Environmental Law Institute

<h4>Under review</h4>
Legal efforts to address climate change, which is caused by <a href="#greenhouse-gas-emissions">emission of greenhouse gases</a>, started at the <a href="#international-initiatives">international</a> level with the 1992 United Nations Framework Convention on Climate Change, but have struggled to take root in the United States at the <a href="#federal-greenhouse-gas-efforts">federal</a>, <a href="#state-initiatives">regional and state</a> levels.
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Listen to and download materials from the ELI seminar <a href="http://www.eli.org/events/summer-school-climate-change-introduction">Cl… Change: An Introduction</a>. ELI members can listen to ELI’s Monthly <a href="http://www.eli.org/events/monthly-climate-change-briefing-april-2015">C… Change Briefing</a> live or through archived files to follow the latest climate change law, policy, and management developments. For an in-depth discussion of climate change law, see Tom Mounteer, <a href="http://www.eli.org/eli-press-books/climate-change-deskbook">Climate Change Deskbook</a>.
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<h3><a name="greenhouse-gas-emissions"></a>Climate change and greenhouse gas emissions</h3>
Climate change resulting from human activity is one of the most pressing and high-profile environmental issues today. The <a href="http://www.ipcc.ch/" target="_blank">Intergovernmental Panel on Climate Change</a> (IPCC) drew international attention to climate change in its <a href="http://www.ipcc.ch/ipccreports/far/wg_I/ipcc_far_wg_I_spm.pdf" target="_blank">1990 Assessment Report</a>, where it reported that increases in greenhouse gas (GHG) emissions were causing substantial warming of the Earth’s surface beyond what would naturally occur. The IPCC’s “<a href="http://www.ipcc.ch/publications_and_data/ar4/syr/en/contents.html" target="_blank">Fourth Assessment Report: Climate Change</a>,” released in 2007, stated unequivocally that human activities are <a href="#" title="Moreover, the IPCC found that “Most of the observed increase in global average temperatures since the mid-20th century is very likely [greater than 90% certainty] due to the observed increase in anthropogenic greenhouse gas concentrations.”">causing</a> an increase in GHG concentrations: “The global increases in carbon dioxide concentration are due primarily to fossil fuel use and land use change, while those of methane and nitrous oxide are primarily due to agriculture.” U.S. government <a href="http://www.globalchange.gov/publications/371" target="_blank">reports</a> concur with this assessment.
For a detailed discussion of the science behind climate change, see <a href="http://www.eli.org/eli-press-books/reporting-on-climate-change%253A-und… on Climate Change: Understanding the Science, 4th ed.</a>
<img src="/sites/default/files/images/taxonomy-climate-image-1.png" alt="Reconstructed Temperature" title="Reconstructed Temperature" border="0" height="369" width="500"> Figure 1 from IPCC Third Assessment. <a href="http://en.wikipedia.org/wiki/File:1000_Year_Temperature_Comparison.png"…;
Six main greenhouse gases drive climate change, with the most significant contributor being carbon dioxide. Global Warming Potential (GWP) is a relative measure of the amount of heat that a specific gas traps in the atmosphere over specified time periods.  The GWP of carbon dioxide is 1 because it is the baseline unit to which all other gases are compared. Methane has a lifetime <a href="#" title="To really understand how GWPs work, it is important to note that GWP changes depending on the timeframe over which it is calculated. A gas that leaves the atmosphere quickly may have a large short-term warming effect – and thus a high initial GWP - but over the long term the GWP may fall significantly as the gas leaves the atmosphere. The converse is true for GHGs that stay in the atmosphere for a long time. Gases with the highest GWPs both trap a lot of heat and linger in the atmosphere for a long time.">GWP</a> of 12 which means that methane in the atmosphere has 12 times the warming potential as carbon dioxide.
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<td style="border-color: #000000; border-style: solid; border-width: 1px;" rowspan="2">
GWP values and lifetimes from 2007 IPCC Assessment
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<td style="border-color: #000000; border-style: solid; border-width: 1px;">
Lifetime
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;" colspan="3">
Global Warming Potential Time Horizon
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</tr>
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<td style="border-color: #000000; border-style: solid; border-width: 1px;">
 
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
 
20 years
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<td style="border-color: #000000; border-style: solid; border-width: 1px;">
 
100 years
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
 
500 years
</td>
</tr>
<tr>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
Methane
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
12
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
72
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
25
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
7.6
</td>
</tr>
<tr>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
Nitrous Oxide
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
114
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
289
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
298
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
153
</td>
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<td style="border-color: #000000; border-style: solid; border-width: 1px;">
HFC-23  (hydrofluorocarbon)
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
270
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
12,000
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
14,800
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
12,200
</td>
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<tr>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
HFC-134a (hydrofluorocarbon)
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<td style="border-color: #000000; border-style: solid; border-width: 1px;">
14
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
3,830
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
1,430
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
435
</td>
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<td style="border-color: #000000; border-style: solid; border-width: 1px;">
Sulfur Hexafluoride
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<td style="border-color: #000000; border-style: solid; border-width: 1px;">
3,200
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<td style="border-color: #000000; border-style: solid; border-width: 1px;">
16,300
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
22,800
</td>
<td style="border-color: #000000; border-style: solid; border-width: 1px;">
32,600
</td>
</tr>
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Adapted from <a href="https://www.ipcc.ch/publications_and_data/ar4/wg1/en/ch2s2-10-2.html">h…;
The human activities in the United States that contribute the largest portion of greenhouse gases to the atmosphere are electric power generation, transportation, industry, agriculture, and commercial buildings.
<img src="/sites/default/files/images/taxonomy-climate-image-2.png" alt="Sources of Carbon Dioxide Emissions" title="Sources of Carbon Dioxide Emissions" border="0" height="274" width="500">
From <a href="http://elr.info//news-analysis/40/10547/implementing-behavioral-wedge-d…;
While this list clearly illustrates that addressing greenhouse gas emissions requires efforts in the energy, transportation, building, industrial, and other vital economic sectors, everyday activities of the general population contribute significantly to GHGs as well:
<img src="/sites/default/files/images/taxonomy-climate-image-3.png" alt="Sources of Green House Gas Emissions" title="Sources of Green House Gas Emissions" border="0" height="512" width="500">
From <a href="http://elr.info//news-analysis/40/10547/implementing-behavioral-wedge-d…;
Thus, GHG regulation touches the entire economy and everyday choices we all make.
<h3><a name="international-initiatives"></a>International Initiatives</h3>
The <a href="http://unfccc.int/2860.php" target="_blank">United Nations Framework Convention on Climate Change</a> (UNFCCC) was introduced in 1992 in an effort to control the emission of greenhouse gases that contribute to global climate change. The Convention established several principles for how the international would go about addressing climate change, including the notion that developed countries, who had contributed the most to global warming in the past, had a duty to take the lead in mitigating the adverse effects of climate change, also known as “common but differentiated responsibilities.” The parties to UNFCCC also agreed to develop national greenhouse gas emissions inventories, share scientific research and technology, and help create measures for climate change adaptation. None of these agreements, however, were legally binding.
In December 1997, the Kyoto Protocol to the UNFCCC established a binding commitment from 37 industrialized nations and the European Community to reduce <a href="#" title="Kyoto covers six greenhouse gases—CO2, methane, nitrous oxide, hydroflourocarbons, perflourocarbons, and sulfur hexafluoride.">GHG</a> emissions to an average of 5% below 1990 levels during the commitment period 2008 and 2012. These developed nations agreed to meet nation-specific targets to reduce their GHG emissions. In contrast, developing nations, even large developing nations such as India and China, were not required to meet emission reduction targets during this first round and would not be asked to meet emission targets.
In the summer of 1997, before the Kyoto Protocol was agreed to, the U.S. Senate on a 95-0 vote adopted a <a href="http://www.gpo.gov/fdsys/pkg/BILLS-105sres98ats/pdf/BILLS-105sres98ats…; target="_blank">resolution</a> to oppose any treaty that failed to impose similar duties on both developing and developed nations. Despite this vote, the U.S. president, Bill Clinton, signed the Protocol. However, the Protocol was never submitted to the Senate for ratification. By 2001, the United States announced that the Protocol would not be ratified. The Protocol entered into force in the ratifying countries on February 16, 2005.
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For a discussion of why the United States would not enter into the Kyoto Protocol and issues that constrain U.S. involvement in international efforts against climate change, see the suite of articles including Jody Freeman, “<a href="http://elr.info/news-analysis/41/10695/climate-change-and-us-interests"… Change and U.S. Interests</a>” and a <a href="http://elr.info/news-analysis/41/10726/reply">reply</a> with responses by <a href="http://elr.info/news-analysis/41/10724/review-freeman-and-guzman%E2%80%… Hopkins</a>, <a href="http://elr.info/news-analysis/41/10720/critiquing-critique-climate-chan… Morgenstern</a>, <a href="http://elr.info/news-analysis/41/10717/response-climate-change-and-us-i… Sheeran</a>, and <a href="http://elr.info/news-analysis/41/10712/comment-climate-change-and-us-in… Johnson</a> as well as Richard Cooper, “<a href="http://elr.info/news-analysis/31/11484/kyoto-protocol-flawed-concept">T… Kyoto Protocol: A Flawed Concept</a>” and Robert Nordhaus, <a href="http://elr.info/news-analysis/30/11061/framework-achieving-environmenta… Framework for Achieving Environmental Integrity and the Economic Benefits of Emissions Trading Under the Kyoto Protocol</a>.
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The Protocol put in place <a href="http://unfccc.int/kyoto_protocol/mechanisms/items/1673.php" target="_blank">three flexibility mechanisms</a> to help member countries reach emissions targets in addition to direct lowering of emissions: <a href="#" title="The emissions trading scheme is similar to the United States’ Clean Air Act Acid Rain Program. Under the Protocol, developed countries have an ‘assigned amount’ of allowable GHG emissions over the commitment period. Parties can buy and sell “assigned amount units” or other types of trading units, each of which correspond to the right to emit one CO2 equivalent ton.">emissions trading</a>, the <a href="#" title="The Protocol created the Clean Development Mechanism (CDM), which is the primary “offset” framework for helping industrialized countries achieve their reductions. In addition to reducing actual GHG output, industrialized countries can pay developing countries for certified emission reductions generated from projects that reduce GHG emissions in those countries—which is called an offset. CDM projects must show that the reductions achieved are above and beyond any that would otherwise occur—a concept called additionality. In other words, to get credit for reducing emission an investing country has to show the reduction was because of the collaboration and investment from an outside party and that but for that reductions would not have occurred. The CDM has met with significant controversy as implemented to date.">clean development mechanism</a>, and <a href="http://ji.unfccc.int/index.html" title="Joint implementation allows two developed countries to transfer emission reductions.">joint implementation</a>.
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For a discussion of how offsets might work in the United States, see Kyle Danish, “<a href="http://elr.info/news-analysis/40/10610/international-offsets-and-us-cli… Offsets and U.S. Climate Change Legislation</a>.
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The first compliance period of the Kyoto Protocol was 2008-2012. At the <a href="http://unfccc.int/essential_background/items/6825.php" target="_blank">Durban conference of the parties</a>, this was extended. The parties <a href="http://unfccc.int/resource/docs/2011/cop17/eng/09a01.pdf" target="_blank">agreed</a> to negotiate by 2015 an agreement to take effect not later than 2020 that would involve both developed and developing countries to mitigate climate change and seek to keep global warming no greater than 2ºC.
As part of its effort to implement the Kyoto Protocol, the European Union has implemented perhaps the most advanced emissions trading scheme, the <a href="http://ec.europa.eu/clima/policies/ets/index_en.htm" target="_blank">European Trading System</a> (ETS). <a href="#" title="ETS operates in 30 countries (27 EU member states plus the three additional members of the European Economic Area - Iceland, Liechtenstein and Norway) and applies to carbon dioxide (and some nitrous oxide) emissions from over 10,000 power plants, combustion plants, refineries, metal works and manufacturing facilities. In 2012, the aviation sector was added into the system, and in 2013 additional gases and industries will be added.">Europe’s</a> declared goal is for emissions in 2020 to be 21% lower than in 2005.
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For a discussion of California’s attempt to link to the ETS, see Hanna Chang, <a href="http://elr.info/news-analysis/37/10771/foreign-affairs-federalism-legal… Affairs Federalism: The Legality of California's Link With the European Union Emissions Trading Scheme</a>.
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<h3><a name="federal-greenhouse-gas-efforts"></a>Federal Greenhouse Gas Efforts</h3>
Congress has made multiple attempts to enact comprehensive greenhouse gas legislation, but so far no bill has passed both legislative houses. The most recent bill, the <a href="http://www.gpo.gov/fdsys/pkg/BILLS-111hr2454eh/pdf/BILLS-111hr2454eh.pd… Clean Energy and Security Act of 2009</a> (H.R. 2545), was passed by the House only to die in the Senate. The Act’s central mechanism was an economy-wide<a href="#" title="What is a Cap-and-Trade and How Does it Work? A GHG cap-and-trade program establishes a market whose goal is to reduce GHG emissions. The “cap” sets a limit on emissions that regulated industries can release into the atmosphere. The amount of this limit is reduced over time thus reducing the total amount of GHG emissions. The “trade” is the market that is created to allow companies to innovate in meeting their emission limit. A company that is able to adopt new mechanisms to come in under their allocated emissions limit can sell their emission credits in the market. A company that is unable to meet their emissions target must purchase credits from the market. In this way, reducing GHG emissions is economically incentivized."> cap-and-trade program</a> for greenhouse gas emissions. Under such a program, a regulatory agency sets a maximum level for annual GHG emissions and distributes emissions allowances for a specified amount of <a href="http://stats.oecd.org/glossary/detail.asp?ID=285">carbon dioxide equivalent</a>. Emitters subject to regulation must then reduce their emissions or acquire enough permits to cover their total output. The Act also included <a href="http://ase.org/resources/american-clean-energy-and-security-act-2009-ti…; target="_blank" title="Renewable Portfolio Standards set enforceable standards that require power providers to obtain energy from renewable sources. For example, in California, the goal is to have power providers in California use renewable energy sources for at least 33% of total power needs by 2020. The RPS works by 1. Setting and enforcing annual renewable energy procurement targets. 2. Approving the renewable energy procurement plans and reviewing renewable energy purchase contracts made by invester-owned utilities (IOUs). 3. Creating standard contract forms and conditions to be used by IOUs in making renewable energy purchases. 4. Determining market price referents (MPRs) for traditional, non-renewable energy sources to serve as benchmarks for pricing renewable energy.">renewable electricity generation standards</a>, a number of energy efficiency incentives, and support to industries that would be particularly affected by GHG regulation. Congress did <a href="http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bill…;, and EPA <a href="http://www.epa.gov/climatechange/emissions/ghgrulemaking.html">has implemented</a>, GHG emissions reporting.
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For a discussion of the Senate bills that addressed climate change, see Kenneth Richards, <a href="http://elr.info/news-analysis/39/10601/comparative-analysis-climate-cha… Analysis of Climate Change Bills in the U.S. Senate</a>.
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For one approach to getting Congress to act on climate, and a <a href="http://elr.info/news-analysis/40/10757/genius-versus-zombies-address-cl…; to that approach, see Richard Lazarus, <a href="http://elr.info/news-analysis/40/10749/super-wicked-problems-and-climat… Wicked Problems and Climate Change: Restraining the Present to Liberate the Future</a>.
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For a discussion of the EPA reporting rules, listen and download materials from the ELI Seminar <a href="http://www.eli.org/ghg-reporting-rule-so-far-lessons-learned-and-change… Reporting Rule So Far: Lessons Learned and Changes to Consider</a>.
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The <a href="http://www.epa.gov/" target="_blank">Environmental Protection Agency</a> is currently regulating GHGs under the <a href="http://www.eli.org/keywords/air-1">Clean Air Act</a><a href="#_msocom_16"></a>. While the Clean Air Act regulates many forms of air pollution, it does not mention GHGs by name. On October 20, 1999, a group of private non-profit organizations petitioned EPA to begin regulating greenhouse gas emissions from automobiles as air pollutants under the Clean Air Act. After EPA determined that GHGs were not “air pollutants” subject to CAA regulation and denied the petition, these groups were joined by several states, cities, and citizens’ groups seeking review of EPA’s decision in federal court. In the landmark 2007 decision <a href="http://scholar.google.com/scholar_case?case=16923241216495494762&hl… v. EPA</a><a href="#_msocom_17"></a>, the <a href="http://www.nationalaglawcenter.org/assets/crs/RS22665.pdf" target="_blank">Supreme Court held</a> GHGs can be regulated under the Clean Air Act, and that the plaintiffs in the case had standing<a href="#_msocom_18">[SES18]</a> to sue EPA to ask the agency to begin regulating GHGs.
The result of the case was that greenhouse gases from mobile sources were officially considered “air pollutants.” Under the CAA, EPA was obligated to <a href="#" title="42 U.S.C. § 7521(a)(1).">determine</a> whether they “cause or contribute to air pollution which may reasonably be anticipated to endanger health or welfare.” In December 2009, the EPA Administrator issued an <a href="http://www.epa.gov/climatechange/endangerment/" target="_blank">endangerment finding</a>, declaring that “six greenhouse gases taken in combination endanger both the public health and the public welfare,” and that emissions from new motor vehicles “contribute to the greenhouse gas air pollution.”
In light of the endangerment finding, EPA and the National Highway Traffic Safety Administration (NHTSA), issued <a href="http://edocket.access.gpo.gov/2010/pdf/2010-8159.pdf" target="_blank">regulations</a> in May 2010 regulating emissions of these GHGs from <a href="http://www.epa.gov/otaq/climate/regulations.htm" title="EPA and NHTSA have also proposed GHG emissions standards for medium- and heavy-duty vehicles that will apply to new vehicles beginning in 2014 and has proposed standards for cars and light trucks beyond 2017.">cars and light trucks</a> under Title II of the Clean Air Act.
With GHGs now regulated under the CAA, <a href="http://www.gpo.gov/fdsys/pkg/FR-2010-04-02/pdf/2010-7536.pdf" target="_blank">EPA’s interpretation</a> of the Clean Air Act requires it to develop permitting standards for new stationary sources that are major sources of GHGs, such as power plants or manufacturing facilities. EPA is promulgating and implementing regulations for such sources under the <a href="http://www.epa.gov/compliance/monitoring/programs/caa/newsource.html&qu…; target="_blank">new source performance standards</a> and <a href="http://www.epa.gov/nsr/" target="_blank">new source review</a> provisions of the CAA. EPA’s efforts are the subject of significant political controversy and litigation, although challenges to the foundational EPA GHG rulemakings failed to gain traction in court.
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For ELR articles addressing the ability of the Clean Air Act to tackle climate change, see Franz Litz, <a href="http://elr.info/news-analysis/40/10480/what-expect-epa-regulation-green… to Expect From EPA: Regulation of Greenhouse Gas Emissions Under the Clean Air Act</a>, Robert McKinstry, <a href="http://elr.info/news-analysis/41/10301/clean-air-act-suitable-tool-addr… Clean Air Act: A Suitable Tool for Addressing the Challenges of Climate Change</a>, and Brigham Daniels, <a href="http://elr.info/news-analysis/39/10837/regulating-climate-what-role-cle… Climate: What Role for the Clean Air Act?</a>
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Listen to and download materials from the ELI seminar <a href="http://www.eli.org/dc-circuits-rulings-epas-greenhouse-gas-rulemakings"… D.C. Circuit’s Rulings on EPA’s Greenhouse Gas Rulemakings</a> to learn how the court upheld EPA’s regulatory program and watch and download materials from a seminar immediately after the court’s oral arguments at <a href="http://www.eli.org/debrief-dc-circuits-oral-arguments-epas-ghg-rulemaki…; target="_blank">Debrief of the D.C. Circuit’s Oral Arguments on EPA’s GHG Rulemakings</a>.
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There are many other federal statutes and provisions that can be used to try to control GHGs, ranging from the <a href="http://elr.info/legislative/federal-laws/national-environmental-policy-… Environmental Policy Act</a> to the <a href="http://www.bdlaw.com/assets/attachments/Climate_Change_and_the_Clean_Wa…; target="_blank">Clean Water Act</a> and <a href="http://elr.info/legislative/federal-laws/endangered-species-act">Endang… Species Act</a> and presidential <a href="http://www.whitehouse.gov/assets/documents/2009fedleader_eo_rel.pdf" target="_blank">Executive Orders</a>. In addition, some are trying to use the courts by arguing there are federal and state <a href="http://www.eli.org/keywords/governance#common-law">common law</a><a href="#_msocom_21"> </a>causes of action against emitters of GHGs as well as <a href="http://www.eli.org/keywords/governance#public-trust">public trust</a><a href="#_msocom_22"></a> doctrine claims.
<h3><a name="state-initiatives"></a>State Initiatives</h3>
States have taken various approaches to address climate change, including the formation of <a href="#regional-initiatives">regional programs</a><a href="#_msocom_23"></a> to address GHG emissions. Among states, <a href="#california-global-warming-solutions-act">California</a><a href="#_msocom_24"></a> has taken the most comprehensive steps toward GHG control, and many <a href="#local-initiatives">localities</a><a href="#_msocom_25"></a> have also undertaken GHG reduction initiatives.
<h5><a name="regional-initiatives"></a>Regional Initiatives</h5>
The <a href="http://rggi.org/" target="_blank">Regional Greenhouse Gas Initiative</a> (RGGI) in the Northeast was the first regional GHG reduction effort to be formed, followed by the <a href="http://www.wci-inc.org/" target="_blank">Western Climate Initiative</a> and the <a href="http://www.c2es.org/what_s_being_done/in_the_states/mggra" target="_blank">Midwestern Greenhouse Gas Reduction Accord</a>. RGGI, formed in December 2005, includes several states in the Northeast and the mid-Atlantic. The agreement applies only to fossil-fuel powered electric generators above a certain size, and covers only CO2 emissions. The core mechanism of RGGI is a market-based cap-and-trade program. The <a href="http://www.rggi.org/docs/Documents/RGGI_Fact_Sheet.pdf" target="_blank">agreement</a> caps CO2 emissions at 2009 levels and requires regulated power plants to hold allowances for each ton of CO2 they emit using a cap and trade program. States are given broad discretion over many aspects of implementation, including initial allocation of allowances, permitting procedures, and exemptions for certain types of facilities. All states are required to direct some percentage of allowance auction proceeds toward energy reinvestment programs that benefit consumers. For example, Maine uses a portion of auction proceeds to subsidize construction of combined heat and power units to improve energy efficiency in factories. In May 2011, New Jersey indicated it is withdrawing from RGGI, and the state legislatures in other states have attempted to withdraw other states from RGGI.
Two other regions have begun to take steps toward implementing their own GHG reduction programs. The <a href="http://www.wci-inc.org/" target="_blank">Western Climate Initiative</a> (WCI), comprising several western states and parts of Canada, was formed in 2007. However, Mexico, Arizona, Washington, Oregon, Montana and Utah have all recently withdrawn leaving only California and four Canadian provinces in the program. WCI intended to implement a cap-and-trade program, similar to RGGI, beginning in 2012, but that is no longer likely, although California may push ahead, perhaps with Canadian partners or on its own. . The withdrawn states have all joined <a href="http://www.westernclimateinitiative.org/document-archives/general/North…; target="_blank">North America 2050</a>, a new initiative within WCI that does not include a cap-and-trade program. Seven Midwestern states and Canadian provinces formed the Midwestern Regional Greenhouse Gas Accord (MGGRA) and agreed to develop a <a href="https://web.archive.org/web/20140522105252/http://michigancondemnationb…; target="_blank">regional cap-and-trade program</a>, but the initiative has stalled.
<h5><a name="california-global-warming-solutions-act"></a>California Global Warming Solutions Act</h5>
California passed the <a href="http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_0001-0050/ab_32_bill_20…; target="_blank">Global Warming Solutions Act in 2006</a>, containing several major climate change initiatives. The Act’s overall goal is statewide reduction of GHG emissions to 1990 levels by 2020. The <a href="http://www.arb.ca.gov/homepage.htm" target="_blank">California Air Resources Board</a> (CARB) is charged with developing and enforcing the implementing regulations of the Act, most of which are to become effective in 2012.
CARB’s <a href="http://www.arb.ca.gov/cc/scopingplan/scopingplan.htm" target="_blank">Scoping Plan</a> outlines the implementation of the Global Warming Solutions Act, including:
<ul>
<li>A statewide <a href="http://www.arb.ca.gov/cc/capandtrade/capandtrade.htm" target="_blank">cap-and-trade program</a> encompassing sectors that account for over 80% of GHG emissions</li>
<li>Stricter energy efficiency standards for <a href="http://www.energy.ca.gov/title24/2008standards/index.html" target="_blank">buildings</a> and <a href="http://www.energy.ca.gov/appliances/" target="_blank">appliances</a></li>
<li>An increase in required percentage of renewable electricity production under the state’s <a href="http://www.cpuc.ca.gov/PUC/energy/Renewables/" target="_blank">portfolio standard</a></li>
<li>Higher <a href="http://www.arb.ca.gov/msprog/zevprog/factsheets/advanced_clean_cars_eng…; target="_blank">fuel efficiency standards</a> for cars and light trucks</li>
<li>Low carbon <a href="http://www.arb.ca.gov/fuels/lcfs/lcfs.htm" target="_blank">fuel standard</a></li>
<li><a href="http://www.arb.ca.gov/cc/energyaudits/energyaudits.htm" target="_blank">Energy efficiency auditing</a> at industrial facilities.</li>
</ul>
CARB has <a href="http://www.arb.ca.gov/cc/implementation/implementation.htm" target="_blank">implemented</a> rules requiring <a href="http://arb.ca.gov/cc/reporting/ghg-rep/ghg-rep.htm" target="_blank">GHG emissions reporting and verification</a> and identified “<a href="http://www.arb.ca.gov/cc/ccea/ccea.htm" title="CARB has created nine early action regulations to reduce GHGs: • Low-carbon fuel standards • Methane capture from landfills • Reduction of HFC-134a, a hydroflourocarbon common in mobile air conditioning units • Reduction of GHGs produced by the semi-conductor industry • Multi-sector reduction of sulfur hexafluoride (the most potent GHG) • Limiting GHGs used in consumer products, such as aerosol propellants • Improving fuel efficiency for large semi-trucks • Regulations to encourage greater maintenance of car tire pressure to improve fuel efficiency. • Rules requiring docked ships to obtain power from sources other than their onboard diesel engines. Early Action Items (July 6, 2011).">early action items</a>” reduction measures that could be acted on quickly while the larger implementing regulations are under development.
To further support the goals of the Global Warming Solutions Act, California passed the <a href="http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0351-0400/sb_375_bill_2…; target="_blank">Sustainable Communities and Climate Protection Act of 2008</a> and a companion bill <a href="http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0701-0750/sb_732_bill_2…; target="_blank">Senate Bill 732</a>. The Sustainable Communites law requires ARB to develop regional GHG emission reduction targets for passenger vehicles and to establish targets for the State's 18 metropolitan planning organizations (MPOs). The MPOs are required to develop a <a href="http://www.arb.ca.gov/cc/sb375/sb375.htm" target="_blank">“sustainable communities strategy”</a> that will meet the emissions reduction targets through adopting sustainable land use, housing and transportation policies. Senate Bill 732 establishes and funds a <a href="http://sgc.ca.gov/" target="_blank">Strategic Growth Council</a> to support these sustainable planning activities.
<h5><a name="local-initiatives"></a>Local Initiatives</h5>
Many localities have undertaken efforts to reduce GHG emissions, such as through the <a href="http://www.usmayors.org/climateprotection/agreement.htm" target="_blank">U.S. Conference of Mayors Climate Protection Agreement</a> and <a href="http://www.iclei.org/" target="_blank">ICLEI</a>. Municipal government steps to address climate change have included developing climate change mitigation and adaptation plans, developing plans to encourage green development and encouraging new programs such as solar energy programs and energy efficiency drives that serve as models for other cities.
<blockquote>
For a discussion of the role of localities in climate law and policy, read Patricia Salkin,<a href="http://elr.info/news-analysis/40/10562/cooperative-federalism-and-clima… Federalism and Climate Change: New Meaning to "Think Globally--Act Locally"</a> and Michael Burger, <a href="http://elr.info/news-analysis/39/11161/empowering-local-autonomy-and-en… Local Autonomy and Encouraging Experimentation in Climate Change Governance: The Case for a Layered Regime</a>.
</blockquote>
<h3>Climate Adaptation Efforts</h3>
While many efforts to address climate change focus on greenhouse gas emission reduction, also known as mitigation, adaptation to climate change is also an important aspect of climate change governance. Increasingly, federal, state and local governments are recognizing the importance of planning for a changing climate and the effects it will have on public health, the environment, and the built environment. For example, a Council on Environmental Quality <a href="http://www.whitehouse.gov/administration/eop/ceq/initiatives/adaptation…; target="_blank">task force</a> developed recommendations for federal agencies to follow in integrating climate change adaptation planning into their regular planning activities. Many U.S. cities, such as <a href="http://www.epa.gov/statelocalclimate/documents/pdf/reed_presentation_11…; target="_blank">Chula Vista, CA</a>, and <a href="http://www.epa.gov/statelocalclimate/documents/pdf/engert_presentation_…; target="_blank">Keene, NH</a>, have begun the process of adaptation planning at the local level. <a href="http://unfccc.int/cooperation_and_support/financial_mechanism/adaptatio…; target="_blank">International efforts</a> are also beginning to focus on <a href="http://www.eli.org/climate-energy/strengthen-capacity-adapt-climate-cha…; as well as mitigation.

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The FWS' Partners for Fish and Wildlife Program and Coastal Program: Dealing With Climate Change

Managing Dynamic Coasts: Adapting U.S. Coastal Zone Management to Climate Change

Law and Policy: Wetlands and Climate Change

Compensatory Mitigation in the Climate Change Era: Business As Usual or Need for a Change?

Stacking and Bundling and Bears, Oh My!

Climate Change: A Lens for Focusing on a Coherent National Wetlands Policy

Revamping Clean Water Act Permitting Policies for Sea-Level Rise and Climate Change

Wetlands and Climate Change: Opportunities, Imperatives, and Research Needs

Wetlands as Harbingers of Climate Change