I. IntroductionAt the State of the Union address this year, President Obama issued a firm warning to Congress: if Congress continues to refuse to address climate change, then his office will take action to “reduce pollution, prepare our communities for the consequences of climate change, and speed the transition to more sustainable sources of energy.”[i]The President is not the only one talking about climate change regulation; in 2010, the Securities and Exchange Commission (SEC) issued interpretive guidance (“Guidance”) on climate change disclosure.[ii] This Guidance specifically addressed when companies must disclose to their investors the material risks they face from global warming. Although the SEC has yet to bring anyone to trial for nondisclosure of climate change risks, based on the growing trend of legal and ethical requirements to disclose, investor expectations, and the ever increasing need to reign in climate change, attorneys should advise … [Read more...] about We’re Getting Warmer: Why Advising Clients To Disclose Material Risks Associated With Climate Change Is Best Practice
Mitigation definition climate change
Reframing Climate Change: A Public Health-based Climate Change Framework
I. IntroductionIn 2009, the heads of the national science academies in the U.S., UK, Japan, Mexico, Russia, Brazil, Canada, Germany, India, Italy, China, South Africa, and Russia signed a joint statement stating that climate change is anthropogenic and is occurring at a much faster rate than previously anticipated.[i] Despite the serious environmental and public health effects the planet is due to face as a result of climate change, the U.S. has yet to fully mobilize and address climate change.For the most part, climate change has been framed as an environmental problem. It has become more political with time, and has also become a legal and economical problem. Climate change cannot only be a problem for environmentalists because it will affect the entire population. Paul Epstein, a doctor and one of the authors ofChanging Planet, Changing Health recalled a trip to Rio de Janeiro for what would later become the first Earth summit. At the summit, one of the delegates asked him and … [Read more...] about Reframing Climate Change: A Public Health-based Climate Change Framework
September 2015 – EU Policy Update re: Digital Single Market, Energy, Climate Change and more
Digital Single Market Policy In recent weeks the European Commission has launched a number of public consultations related to its Digital Single Market strategy. The Commission is currently soliciting stakeholder views on a wide variety of issues, including: (i) Telecoms Regulation, (ii) Online Platforms, (iii) Geo-blocking and Copyright Reform, (iv) Internet Connectivity, Interoperability - Cybersecurity reforms, (v) ICT Standards, and (vi) Online Consumer Rules and VAT. The responses to these consultations will feed into legislative and policy proposals through 2016. On October 6, the Court of Justice of the European Union (CJEU) invalidated the European Commission’s Decision on the EU-U.S. Safe Harbor arrangement. The Court responded to pre-judicial questions put forward by the Irish High Court in the so-called Schrems case. More specifically, the High Court had enquired about the powers of European data protection authorities (DPAs) to suspend transfers of personal data … [Read more...] about September 2015 – EU Policy Update re: Digital Single Market, Energy, Climate Change and more
Citing Climate Change, US Regulations Expand Protection for the Critical Habitats of ESA-Listed Species
On March 14, 2016, two new federal rules went into effect that could change the way in which the Endangered Species Act (ESA) is implemented throughout the United States. The U.S. Fish & Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) finalized these rules to update the regulatory provisions on which the agencies rely when fulfilling their duties to carry out the ESA.In general, the ESA aims to conserve endangered and threatened species and the ecosystems upon which those species depend. Section 4 of the ESA directs the FWS and the NMFS to identify and list endangered and threatened species along with a designated critical habitat for each listed species. Once a species has been listed as endangered or threatened, it is protected under various provisions of the ESA. Specifically, Section 7 requires all federal agencies to consult with FWS and NMFS before taking any action to ensure that such action, … [Read more...] about Citing Climate Change, US Regulations Expand Protection for the Critical Habitats of ESA-Listed Species
EPA Kicks Off Climate Change Season
In June 2013, President Obama announced an ambitious Climate Action Plan, to reduce greenhouse gas (GHG) emissions and mitigate the impacts of climate change. To implement the Plan, the United States Environmental Protection Agency (EPA) has initiated or completed a series of significant rulemakings this summer, all of which are controversial. As a capstone, President Obama is initiating numerous actions to “accelerate America’s transition to cleaner sources of energy and ways to cut energy waste.” Loan guarantees and energy efficiency grants of over $12 billion are now available to further reduce GHG emissions in the United States. Each of these actions affects the cost of energy, transportation and construction across the United States.These actions include the following: Clean Power PlanThe hotly debated rule, signed August 3, 2015, sets ambitious state goals to shift generation away from existing coal-fired power plants to natural gas and renewable … [Read more...] about EPA Kicks Off Climate Change Season