Category Archives: Climate Change

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Dutch Solution to Miami’s Rising Seas? Floating Islands

Those following climate change adaptation may be interested in an article that appeared on Sunday, August 24, 2014, in the Miami Herald describing a project for floating villas near Miami.  The specific project is, of course, specific to the location and market.  However, the general observation is that technology to address sea level rise has … Continue Reading

NY Community Risk & Resiliency Act – Significant Step Forward or Much Ado About Nothing?

Written by Steven C. Russo and Robert M. Rosenthal On June 19th, the New York Legislature passed the Community Risk and Resiliency Act in both houses by wide margins. The Act would likely be submitted to the Governor in the next two months for signature.  The Act has a laudable goal, to seek to encourage … Continue Reading

NCA Final Draft Under Consideration

Today (May 6, 2014), a 60-person federal advisory committee (the “National Climate Assessment and Development Advisory Committee”) will consider the final draft of the Third National Climate Assessment (NCA).  If the report is approved as expected today, the NCADAC  will submit the Assessment to the federal government for use in establishing ”federal science priorities” and … Continue Reading

GT Air Update – Part II

By Adam Silverman. In part II of our Air Update we address the following recent developments related to the regulation of greenhouse gases: Massachusetts became the ninth—and most recent—state to adopt stricter air standards under the RGGI.  We wrote about New York’s adaptation earlier this year. European Parliament froze the number of pollution allowances in … Continue Reading

Climate Change Adaptation Update: Executive Order and Draft EPA Implementation Plans

Further to my recent column and post on this blog about the less controversial adaptation side of responding to climate change, the federal government took two actions today: President Obama issued an Executive Order on “Preparing the United States for the Impacts of Climate Change” that directs executive agencies to have plans for taking adaptation and … Continue Reading

Climate Change Adaptation

A lot of the climate change news recently — and I note it below — has focused on climate change “mitigation.”  Mitigation is steps that might be taken to slow or to avoid changes in the climate.  Of course, that first requires an identification of causes of climate change.  That runs into an ideological dispute … Continue Reading

U.S. Supreme Court To Consider Challenge to EPA’s Greenhouse Gas Decisions

Today the U.S. Supreme Court has granted six of the nine petitions for certiorari that had been filed by parties seeking review of E.P.A.’s greenhouse gas (“GHG”) decisions issued in late 2009 and early 2010. Those E.P.A. decisions led to stationary source permitting requirements for GHGs.  As reported previously, last year, in a unanimous opinion, … Continue Reading

IPCC Climate Change Report

As has been widely reported in the press, the Intergovernmental Panel on Climate Change has released the first volume of its Fifth Assessment Report, Climate Change 2013:  The Physical Science Basis.  The IPCC is a worldwide group of scientists established by the United Nations that has for the last few decades been collecting and reporting … Continue Reading

Carbon Claustrophobia — Significant Changes Coming to the Regional Greenhouse Gas Initiatives Cap and Trade Program

The New York State Department of Environmental Conservation (DEC), in conjunction with the New York State Energy Research and Development Authority (NYSERDA), is currently accepting public comments on several proposed changes to the DEC’s regulations governing New York’s participation in the Regional Greenhouse Gas Initiative (RGGI). DEC’s proposed changes, which are based on updates to … Continue Reading

Is EPA Playing Chicken With Clean Air Act?

In this week’s Pennsylvania Law Weekly and Legal Intelligencer, I write about the motivations behind EPA’s potential delay of issuing a final rule that would limit carbon emissions from new power plants.  The agency appears to be playing a high stakes game of political chicken that could provoke congress to pass standalone cap-and-trade legislation.  Read Is EPA Playing Chicken With … Continue Reading
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