🪸Environmental Policy and Law Unit 13 – Climate Change Policy & Legislation

Key Concepts and Definitions

• Climate change refers to long-term shifts in global or regional climate patterns, primarily attributed to increased levels of atmospheric carbon dioxide produced by the use of fossil fuels
• Greenhouse gases (GHGs) trap heat in the Earth's atmosphere, leading to global warming (carbon dioxide, methane, nitrous oxide, and fluorinated gases)
• Mitigation involves efforts to reduce or prevent the emission of GHGs to limit the magnitude of future climate change
  • Includes transitioning to renewable energy sources (solar, wind, hydro)
  • Implementing energy efficiency measures in buildings and transportation
• Adaptation refers to adjustments in ecological, social, or economic systems in response to actual or expected climatic stimuli and their effects or impacts
  • Building flood defenses and raising the levels of dykes
  • Developing drought-tolerant crops
• Climate policy encompasses the actions taken by governments and other entities to address climate change, including mitigation and adaptation measures
• Carbon pricing puts a monetary value on GHG emissions, providing an economic incentive to reduce emissions
  • Can take the form of a carbon tax or cap-and-trade system
• Climate justice recognizes that the impacts of climate change are not felt equally across all communities and seeks to address these inequities in climate policy

Historical Context of Climate Policy

• Early scientific understanding of the greenhouse effect and the potential for anthropogenic climate change dates back to the 19th century (Fourier, Tyndall, Arrhenius)
• In the 1970s and 1980s, increasing scientific evidence of climate change led to growing public and political awareness of the issue
• The Intergovernmental Panel on Climate Change (IPCC) was established in 1988 to assess the scientific, technical, and socio-economic information relevant to understanding climate change
• The United Nations Framework Convention on Climate Change (UNFCCC) was adopted in 1992 at the Earth Summit in Rio de Janeiro, providing a framework for international cooperation on climate change
• The Kyoto Protocol, adopted in 1997, set binding emissions reduction targets for developed countries
  • Criticized for not including emissions reduction commitments for developing countries
  • The United States did not ratify the protocol
• The Paris Agreement, adopted in 2015, marked a significant milestone in international climate policy, with nearly all nations agreeing to take action to limit global temperature rise to well below 2°C above pre-industrial levels

International Climate Agreements

• The United Nations Framework Convention on Climate Change (UNFCCC) provides the foundation for international cooperation on climate change
  • Objective is to stabilize GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system
  • Parties meet annually at the Conference of the Parties (COP) to assess progress and negotiate further action
• The Kyoto Protocol, adopted in 1997, set legally binding emissions reduction targets for developed countries (Annex I Parties)
  • Introduced flexibility mechanisms (emissions trading, Clean Development Mechanism, Joint Implementation)
• The Paris Agreement, adopted in 2015, aims to strengthen the global response to climate change by keeping global temperature rise well below 2°C above pre-industrial levels
  • All Parties submit Nationally Determined Contributions (NDCs) outlining their emissions reduction targets and actions
  • Includes provisions for climate finance, technology transfer, and capacity building
• The Montreal Protocol, while primarily focused on protecting the ozone layer, has also had significant climate benefits by phasing out the production and consumption of ozone-depleting substances that are also potent GHGs
• International aviation and shipping emissions are addressed through the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO), respectively

National Climate Legislation

• Many countries have enacted national laws and policies to address climate change, often in response to international agreements
• The United Kingdom's Climate Change Act 2008 set legally binding emissions reduction targets and established the Committee on Climate Change to advise the government
  • Committed to reducing GHG emissions by at least 80% by 2050 compared to 1990 levels
• The European Union's 2030 Climate and Energy Framework sets targets for emissions reduction, renewable energy, and energy efficiency
  • Aims to reduce GHG emissions by at least 40% by 2030 compared to 1990 levels
• China's 14th Five-Year Plan (2021-2025) includes targets for reducing carbon intensity and increasing the share of non-fossil fuels in primary energy consumption
• India's National Action Plan on Climate Change (NAPCC) outlines eight missions to address climate change mitigation and adaptation
• The United States has enacted various climate-related laws and regulations, such as the Clean Air Act and the Energy Policy Act
  • Lacks comprehensive national climate legislation, with action primarily at the state and local levels
• Subnational governments, such as states, provinces, and cities, have also implemented climate policies and initiatives

Policy Instruments and Mechanisms

• Carbon pricing puts a monetary value on GHG emissions, providing an economic incentive to reduce emissions
  • Carbon taxes impose a fixed price on carbon emissions
  • Cap-and-trade systems set a limit on total emissions and allow trading of emission allowances
• Renewable energy policies promote the deployment of renewable energy sources (solar, wind, hydro, geothermal)
  • Feed-in tariffs guarantee a fixed price for renewable electricity fed into the grid
  • Renewable portfolio standards require a certain percentage of electricity to come from renewable sources
• Energy efficiency policies aim to reduce energy consumption and improve the efficiency of buildings, appliances, and vehicles
  • Building codes and standards set minimum energy efficiency requirements for new construction
  • Appliance standards set minimum energy efficiency requirements for household and commercial appliances
• Subsidies and incentives can encourage the adoption of low-carbon technologies and practices
  • Tax credits for purchasing electric vehicles or installing solar panels
  • Grants for research and development of clean technologies
• Information and education campaigns raise awareness about climate change and encourage behavior change
• Land use and forestry policies aim to reduce emissions from deforestation and land degradation and enhance carbon sinks
  • Reducing Emissions from Deforestation and Forest Degradation (REDD+) initiatives provide incentives for conservation and sustainable management of forests

Stakeholders and Their Roles

• Governments at the national, subnational, and local levels play a crucial role in developing and implementing climate policies
  • Set emissions reduction targets, enact legislation, and enforce regulations
  • Provide funding for research, development, and deployment of clean technologies
• International organizations, such as the United Nations and the World Bank, facilitate international cooperation and provide technical and financial assistance
• The private sector, including businesses and industry, is a key player in the transition to a low-carbon economy
  • Develops and deploys clean technologies and practices
  • Responds to policy incentives and market signals
• Non-governmental organizations (NGOs) and civil society groups advocate for stronger climate action and hold governments and businesses accountable
  • Conduct research and analysis to inform policy decisions
  • Raise public awareness and mobilize grassroots support
• Scientific and academic institutions provide the scientific foundation for understanding climate change and developing solutions
  • Conduct research on the causes, impacts, and potential responses to climate change
  • Educate and train the next generation of climate scientists and policymakers
• Indigenous peoples and local communities are often disproportionately affected by climate change and have valuable traditional knowledge and practices for adaptation and mitigation
• Youth and future generations have a critical stake in the outcomes of climate policy decisions and have increasingly mobilized to demand stronger action

Challenges and Controversies

• Political polarization and climate change denial have hindered progress on climate policy in many countries
  • Fossil fuel industry has funded campaigns to cast doubt on climate science and oppose climate action
• Unequal distribution of the costs and benefits of climate policies can lead to concerns about fairness and justice
  • Developing countries argue that developed countries should take the lead in reducing emissions and providing support for adaptation
• Balancing the need for rapid emissions reductions with concerns about economic growth and competitiveness
  • Fears that stringent climate policies could lead to job losses and reduced economic output
  • Debate over the role of nuclear power in the transition to a low-carbon energy system
• Ensuring a just transition for workers and communities dependent on fossil fuel industries
  • Providing support for retraining and economic diversification in regions impacted by the shift away from coal and other fossil fuels
• Addressing the global nature of climate change through international cooperation and coordination
  • Difficulty in achieving consensus among countries with diverse interests and circumstances
  • Concerns about free-riding and the effectiveness of voluntary commitments
• Adapting to the impacts of climate change that are already occurring or are unavoidable
  • Financing and implementing adaptation measures in vulnerable communities and ecosystems
  • Dealing with climate-related migration and displacement

Future Directions and Emerging Trends

• Increasing ambition and strengthening of national climate commitments under the Paris Agreement
  • Countries are expected to submit updated and more ambitious NDCs every five years
• Growing role of subnational and non-state actors in driving climate action
  • Cities, regions, businesses, and investors are setting their own emissions reduction targets and initiatives
• Mainstreaming of climate considerations into decision-making across sectors and levels of government
  • Integrating climate risk and resilience into infrastructure planning, land use policies, and financial regulations
• Expansion of carbon pricing and market-based mechanisms for reducing emissions
  • Linking of carbon markets across jurisdictions to create a more global and efficient carbon price signal
• Acceleration of the deployment of renewable energy and energy efficiency technologies
  • Falling costs and improving performance of solar, wind, and battery storage technologies
  • Digitalization and smart grid technologies enabling greater integration of variable renewable energy sources
• Increased focus on nature-based solutions and ecosystem-based approaches to mitigation and adaptation
  • Protecting and restoring forests, wetlands, and other ecosystems that provide carbon sequestration and climate resilience benefits
• Growing recognition of the links between climate change and other sustainable development goals
  • Addressing climate change as part of a broader agenda for poverty reduction, health, education, and gender equality
• Emphasis on climate justice and the inclusion of marginalized and vulnerable communities in climate policy decision-making
  • Ensuring that the benefits of the transition to a low-carbon economy are shared equitably and that the costs do not fall disproportionately on the poor and disadvantaged