Wednesday, June 1, 2016

Paris climate deal vulnerable

...to a Trump presidency, How a Republican White House could undermine the accord, MAY 29, 2016, by Barney Jopson in Washington and Pilita Clark in London, Financial Times

Donald Trump is sowing doubt over the Paris climate change pact as his hostility towards the deal and the growing swagger of his campaign focus attention on how he could undermine it as president.

The Republican candidate last week vowed to “cancel” the painstakingly negotiated agreement, a threat experts said was unrealistic. But his comments put a spotlight on its slow ratification and weak spots in President Barack Obama’s climate legacy.

While Mr. Trump could not single-handedly scrap the agreement — which Washington and Beijing had rallied more than 190 countries to join — he could withdraw the US, the second largest greenhouse gas emitter after China, or block the action needed to cut emissions to the levels promised by Mr Obama. 

Related article: Trump puts fossil fuels at US energy core

Republican candidate has vowed to unleash the full power of fossil fuels in US energy policy

The Paris accord, hailed as a turning point in more than 20 years of effort to combat climate change, requires countries to set out plans to help keep global warming “well below 2C” from pre-industrial times. The Obama administration has vowed to cut US greenhouse gas emissions by 26-28 per cent from 2005 levels by 2025.

But if Mr. Trump used the presidency to cast doubt on the need for climate action, he could weaken the resolve of other leaders skeptical about the deal.

Attacks on the Paris agreement could occur at three different levels under a Trump presidency.

Withdrawal from the pact

No single country can “cancel” the deal because it would require each of the nearly 200 nations that negotiated it to agree to abandon it. Once the agreement is in force it is also impossible for a country to withdraw overnight.

“Even if Donald Trump becomes president he cannot pull the US out of the Paris accord quickly because there is a four-year withdrawal period written into the agreement,” said Michael Jacobs, a UN climate negotiations expert at the Institute for Public Policy Research, a UK think-tank.

“That’s not a coincidence,” he added, noting the timing matched the length of a US presidential term.

However, the agreement is not yet in force and it is not likely to be by the time a new president is sworn in next January — a possibility that could leave Mr. Trump with an easier get-out if he wins.

The Paris accord cannot take effect until it is formally ratified or joined by 55 countries accounting for 55 per cent of global emissions. So far, only 17 countries representing 0.04 per cent of emissions have ratified it.

China and the US have said they plan to join this year but they account for only about 40 per cent of emissions. Even under the most optimistic scenarios, the agreement may not start until 2018.

The US courts

The fate of US climate policies is not solely in the hands of the president. The centerpiece of Mr Obama’s Paris pledges — an initiative to cut carbon emissions from the power sector — is hanging in the balance as its legality is weighed by the courts.

Because Mr. Obama was unable to curb emissions via legislation in Congress, he has resorted to using regulations, which are vulnerable to lawsuits from states and energy companies that dislike them.

In February a District of Columbia appeals court dealt the president a blow by ruling that the administration could no longer enforce compliance deadlines for the power plant initiative.

The appeals court judges will hear oral arguments over the so-called Clean Power Plan on September 27.

But the case’s significance is likely to push it to the Supreme Court, which means a final ruling on the plan will not come until the next president is in office. He or she could also end up filling the top court’s current vacant seat.

If Mr. Trump were in charge he could intervene by asking the court for a “voluntary remand”, sending it back to regulators who he could tell to render it toothless, said a veteran Washington environmental lawyer.

More radically, the president could get it thrown out by telling judges the government had done a 180-degree turn and now agreed with its opponents. “That rarely happens even with a change of administration, but it’s not unprecedented,” said the lawyer.

Executive inaction

Even if the courts upheld Mr. Obama’s plan to cut emissions from power plants, a President Trump could choose to disrupt it.

With a co-operative Congress he could cut funding for the Environmental Protection Agency, the regulator in charge, or promote legislation to slow the initiative’s implementation.

Or “he could signal to the states that their plans for meeting the Clean Power Plan goals would not be reviewed rigorously”, said Rhea Suh, president of the Natural Resources Defense Council, an environmental group.

The power plant initiative is vital because it tackles the US’s biggest single source of greenhouse gases, accounting for 40 per cent of the total. But Mr. Trump could also delay moves to stop methane leaks, curb vehicle emissions and promote energy efficiency.

“Some of those things would be challenged in court, but … even if they were in some legal limbo he would effectively really halt our progress,” said Ms. Suh. “The actual slowing down of things may in fact be a reversal in itself.”

Christiana Figueres, the UN’s top climate official, said the next president would need to examine the US’s economic interests and argued that shifting to a low-carbon system made sense for the economy and society.

“The world is moving in that direction and if the US wants to remain competitive it needs to focus its vast technical capacities to stay current, if not ahead of the curve,” she said.

https://next.ft.com/content/ed80b3fc-245c-11e6-aa98-db1e01fabc0c

Comments

If Trump puts a “stop-hold” on payments to the UN, it doesn’t matter if other countries want to continue to support this nonsense; it’s up to them.  Other countries obviously will follow Trump’s lead and the only countries left would be all the undeveloped third-world countries who want to receive the carbon taxes and the few really stupid countries who want to pay them.  “Sticks and stones…..”

Norb Leahy, Dunwoody GA Tea Party Leader



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