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THE BLIND SPOT of the AUTOMOTIVE PORTION of the ADVANCED ENERGY INITIATIVE by Chris Stefan*

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THE BLIND SPOT of the AUTOMOTIVE PORTION of the ADVANCED ENERGY INITIATIVE by Chris Stefan* Sustainable Development Law & Policy Volume 7 Article 10 Issue 2 Winter 2007: Climate Law Reporter 2007 The Left-Over Problem: The lindB Spot of the Automotive Portion of the Advanced Energy Intiative Chris Stefan Follow this and additional works at: http://digitalcommons.wcl.american.edu/sdlp Part of the Energy and Utilities Law Commons, and the Environmental Law Commons Recommended Citation Stefan, Chris. The Left-over Problem: The lB ind Spot of the Automotive Portion of the Advanced Energy Initiative.” Sustainable Development Law & Policy, Winter 2007, 25. This Feature is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Sustainable Development Law & Policy by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Volume VII, Issue 2 Winter 2007 SUSTAINABLE DEVELOPMENT LAW & POLICY EXPLORING HOW TODAY’S DEVELOPMENT AFFECTS FUTURE GENERATIONS AROUND THE GLOBE IN THIS ISSUE: CLIMATE LAW REPORTER 1 | EDITORS’NOTE by Kelly Rain and Maria Vanko 2 | THE IMPACTS OF GLOBAL WARMING: THE NEED FOR COOPERATION & LEADERSHIP by Senator Jeff Bingaman 3 | STRENGTHENING THE MONTREAL PROTOCOL: INSURANCE AGAINST ABRUPT CLIMATE CHANGE by Donald Kaniaru, Rajendra Shende, Scott Stone, Durwood Zaelke 10 | AN OVERVIEW OF THE INTERNATIONAL REGIME ADDRESSING CLIMATE CHANGE by Kyle W. Danish 17 | LEGAL AND POLICY FRAMEWORKS FOR RENEWABLE ENERGY TO MITIGATE CLIMATE CHANGE by Xiaodong Wang 22 | EXISTING LEGAL MECHANISMS TO ADDRESS OCEANIC IMPACTS FROM CLIMATE CHANGE by Lucy Wiggins 26 | CLIMATE CHANGE AND FEDERAL ENVIRONMENTAL LAW by Lara Hansen and Christopher R. Pyke 30 | THE EVOLVING SCOPE OF SIGNIFICANT EFFECTS ON THE ENVIRONMENT: THE NATIONAL ENVIRONMENTAL POLICY ACT AND CLIMATE CHANGE by Chris McChesney 34 | POTENTIAL CAUSES OF ACTION FOR CLIMATE CHANGE IMPACTS UNDER THE UNITED NATIONS FISH STOCKS AGREEMENT by William C.G. Burns 41 | AN ECONOMIC FRAMEWORK FOR COORDINATING CLIMATE POLICY WITH THE MONTREAL PROTOCOL by Stephen J. DeCanio and Catherine S. Norman 46 | BRIDGING THE TRANSATLANTIC DIVIDE: LEGAL ASPECTS OF A LINK BETWEEN REGIONAL CARBON MARKETS IN EUROPE AND THE UNITED STATES by Michael A. Mehling 53 | STATES TACKLE GLOBAL WARMING by Dale Bryk 56 | IMPLEMENTATION & UTILIZATION OF GEOENGINEERING FOR GLOBAL CLIMATE CHANGE CONTROL by Alan Carlin 60 | THE BIG BLACK HOLE IN THE KYOTO PROTOCOL: WAS THE EXCLUSION OF BLACK CARBON REGULATION A “FATAL FLAW”? by Jon Feldon 64 | GLOBAL CLIMATE CHANGE CREATES A NEW CARBON BUSINESS FOR U.S. COMPANIES by Michael J. Zimmer http://www.wcl.american.edu/org/sustainabledevelopment EDITORS’NOTE nformation about the catastrophic impacts of climate change is penetrating global society, from high culture to low culture, Iat a rapidly increasing rate. Scientific studies about warming FEATURES: trends are often slapped across newspaper covers. Likewise, sto- ries about political pressure to subvert science supporting global 16 | NEPA AND CLIMATE CHANGE: MUCH warming or interest groups offering bounties to refute climate NEEDED GUIDANCE FOR TRANSBOUNDARY change experts have increasingly become hard to ignore. Addi- ENVIRONMENTAL IMPACTS by Ayako Sato tionally, magazines from the Economist to Vanity Fair are trying to educate people about the importance of going green. 21 | THE BUZZ ABOUT CLEAN COAL Worldwide, thousands of people have listened to Mr. Al Gore by Jennifer Rohleder explain the Inconvenient Truth about warming temperatures. Quite 25 | THE LEFT-OVER PROBLEM: THE BLIND SPOT possibly it is the palpable effects of the unpredictable weather that OF THE AUTOMOTIVE PORTION OF THE is making them pay attention and demand action. The world is ADVANCED ENERGY INITIATIVE unable to forget the horror of the 2004 tsunami and Americans by Chris Stefan started to pay attention once climate change hit home in a big way with Hurricane Katrina’s destruction of New Orleans. 29 | METHANE EMISSIONS FROM WASTE With this onslaught of mass information, it is sometimes hard MANAGEMENT IN DEVELOPING NATIONS to isolate the direst issues. This annual issue of Sustainable Devel- by Scott Johnson opment Law & Policy (“SDLP”) hopes to present some of the most pressing, and important, climate change topics within the 39 | THE DAY AFTER TOMORROW SCENARIO: legal and policy arenas. Also included are interesting new devel- WHAT IF GLOBAL WARMING CAUSES RAPID opments, historical looks at climate law, and evaluations of the CLIMATE CHANGE? by Michael K. Lee effectiveness of current multilateral environmental agreements. 45 | WHAT NEXT FOR THE ALLIANCE OF SMALL We hope that the reader walks away with an understanding of ISLAND STATES IN THE CLIMATE CHANGE how multifaceted climate law has become. International, regional, ARENA? by Daniel Brindis domestic, and sub-national law must be utilized to tackle this problem. Scientists are finally uniting on an international scale to 52 | SUSTAINABLE SOCCER: HOW GREEN PRO- declare that humans have undeniably contributed to global warm- JECTS AT INTERNATIONAL SPORTING EVENTS ing; as a result, this fruitless debate must stop. Battles must no BENEFIT THE FANS, THE GLOBAL CLIMATE, longer take place in the scientific field. Human induced climate AND LOCAL POPULATIONS by James Mitchell change is a fact. 55 | INTER-AMERICAN COMMISSION ON HUMAN The new battle must be waged in the legal and policy fields. RIGHTS TO HOLD HEARING AFTER REJECTING Those with the tools to create legal and political change must act INUIT CLIMATE CHANGE PETITION now; the devastating (or foreboding) impacts of climate change by Jessica Gordon are being witnessed around the globe. While some argue the tip- ping point has already occurred, it is never too late to advocate for 59 | ECONOMIC GROWTH AND THE ENVIRONMENT: sound solutions. We hope that this issue of SDLP helps motivate INDIA CONFRONTS THE LINK BETWEEN individuals within the legal and political communities to head in AUTOMOBILES AND CLIMATE CHANGE the right direction. The ecological footprint upon our globe must by Rahul Saksena be reduced: our habitat depends upon it. 63 | CARBON OFFSETS: ARE SUCH CREDITS EFFECTIVELY HELPING MITIGATE CLIMATE CHANGE? by Catherine Verdier Kelly Rain 67 | LITIGATION UPDATE by Meryl Eschen Mills 69 | BOOK REVIEW by Jennifer Rohleder 71 | WORLD NEWS by Scott Johnson Maria Vanko 73 | BIBLIOGRAPHY COMPILED by Chris Stefan EDITORS-IN-CHIEF and Ursula Kazarian 1 SUSTAINABLE DEVELOPMENT LAW & POLICY THE IMPACTS OF GLOBAL WARMING: THE NEED FOR COOPERATION & LEADERSHIP AN OVERVIEW OF THIS ISSUE by Senator Jeff Bingaman* lobal warming is an international issue that requires Everyone is familiar with the litany of possible consequences: leadership across the globe. Despite progress that has rising sea levels, retreating glaciers, melting permafrost, more Gbeen made at state and local levels, the United States severe droughts, an increase in the intensity of storms and hurri- has failed to provide any real international commitment and canes, and more heat waves. The stakes are high and the risks are leadership on controlling greenhouse gas emissions. Members great. We need to begin acting against these risks while it is still of Congress, Governors, NGO’s and CEO’s are increasingly relatively affordable to do so. Given the urgency of the issue and pushing for leadership and certainty with regard to this issue. increasing acceptance from both business and the public, it is now politically feasible for the United States to implement Sustainable Development Law & Policy (“SDLP”) is a publication of economy-wide programs to reduce the amount of carbon dioxide American University’s Washington College of Law (“WCL”). No por- which our country sends into the atmosphere. tion of this publication may be reprinted without the express written per- Global warming issues are difficult, but not insurmountable. mission of SDLP. The views expressed in SDLP are those of the authors We must start by following the states’ example of demonstrating and do not necessarily reflect those of the SDLP staff or WCL. All cor- respondence, reprinting, and article submissions may be sent to: SDLP, the political will and resolve to work through this serious and American University, Washington College of Law, 4801 Massachusetts complicated issue. Previous experiences with the Clean Air Act, Avenue, NW, Suite 631, Washington, DC 20016. E-mail: sdlp@wcl. the Clean Water Act, and Superfund demonstrate that as the american.edu. Phone: 202.274.4057. Current and back issues are avail- able on our website, at http://www.wcl.american. edu/org/sustainable states have moved on these issues, it is now the federal govern- development. Please see the inside back cover for submissions and sub- ment’s turn to enact policy. We can do so in a bipartisan manner scription information. that reflects the states’ success, but we cannot continue to delay American University is an equal opportunity, affirmative action university. if we want to enact a meaningful, consistent national program. Editorial Staff: The risks associated with a changing climate clearly justify the Editors-in-Chief adoption of mandatory limits on greenhouse gas emissions. Kelly Rain, Maria Vanko If Congress is going to manage U.S. greenhouse gas emis- Managing Editor sions effectively, it will need advice and expert analysis from Cari Shiffman the business community, the scientific community,
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