By Joni Sliger, Energy Fellow
President Obama has pushed a strong climate change agenda,
including renewable energy deployment and international action. Credit: The White House |
Earlier this month, even as U.S. efforts to address greenhouse gas emissions from the energy sector remained locked in a legal battle, the U.S. and almost 200 other countries formed a new international agreement to combat climate change. In Kigali, Rwanda, world leaders met this month for the 28th Meeting of the Parties to the Montreal Protocol and agreed to monumental cuts in the use of potent greenhouse gases known as hydrofluorocarbons.
Hydrofluorocarbons, or HFCs, are popular refrigerants used
for air conditioning systems and refrigerators. HFCs have been the primary chemical
replacement for ozone-depleting chlorofluorocarbons, which themselves were
eliminated by the
Montreal Protocol (although a new
NASA study notes that HFCs also deplete ozone). However, HFCs are also
known for their strong greenhouse gas effects; HFCs are 120 to 12,000
times as potent as greenhouse gases than carbon dioxide.
Under the Kigali Accord, countries agreed to specific
timetables for freezing HFC production and for reducing consumption thereafter.
The timetable varies: by 2019, developed
countries must reduce use by 10% from 2011–2013 levels, and by 85% by 2036;
many developing
countries (including China and Brazil) agreed to peak use by 2024, and
other developing countries (including India and Pakistan) agreed to freeze use by
2028. The relaxed timetable for some countries recognizes in part that air
conditioning could be more expensive with chemicals besides HFCs or CFCs
and that air conditioning may be a necessity rather than a luxury in heat-stricken
areas. Admirably,
many developing countries voluntarily joined the midlevel timetables rather
than the lowest level they could have chosen; leaders noted that combatting
climate change had become a greater prerogative than expanding access to
luxuries like air conditioning or refrigeration.
By cutting production and consumption of HFCs by over 80% by
2050, the
Kigali Accord promises to avoid more than 80 billion metric tons of CO2-equivalent,
possibly avoiding up to 0.5°C of climate change. That is a significant amount
for the world to avoid. Recall, for comparison, that under the United Nations
Framework Convention of Climate Change, nations agreed that a
rise of 2°C over preindustrial levels is the amount of change the world
must avoid to prevent catastrophic climate change. Unfortunately, earlier this
year, the atmospheric concentration of CO2 exceeded
400 ppm, the level scientists say is necessary to avoid 2°C of climate
change. Even though the world may already be on set to exceed the 2°C goal,
however, the scenarios predicted by the
Intergovernmental Panel on Climate Change become increasingly catastrophic
with greater temperature increases. The Kigali Accord may not be enough for the
world to reach its original goal of avoiding 2°C, but it still represents a
significant and major action in the fight against climate change.
Proponents note the Kigali Accord could have as
much or more impact than last year’s Paris climate deal. Secretary of State
John Kerry said, “It is likely the single most important step we could take at
this moment to limit the warming of our planet and limit the warming for
generations to come.” In large part, this is because the agreement represents a
mandatory action for nations: specific and clear cuts in HFCs. In contrast, under
the Paris agreement, countries’ actions to greenhouse gas emissions are purely
voluntary.
Although
only voluntary, the Paris Agreement is legally binding as an international
treaty; it is not, however, a treaty under the U.S. Constitution. By
framing it instead as an executive agreement under U.S. law, President
Obama avoided having to seek the Senate’s ratification of the Paris Agreement.
Unfortunately, President Obama might need to seek the Senate’s
unlikely and reluctant ratification of the Kigali Accord. Legally, it is
unclear whether he needs to. The Kigali Accord amends the Montreal Protocol;
the U.S. already signed and ratified the Montreal Protocol. Some
reporters claim that an amendment to an already ratified treaty does not
need to be ratified. Others note that it is unclear
whether the Obama administration believes it needs ratification. A
State Department representative commented that the Department is currently
reviewing the Accord to assess whether President Obama needs to submit it to
the Senate or
not. Several law professors cited in the news say that ratification
is necessary, both under
international law and U.S.
precedence. Others say it only needs ratification to be legally
enforceable under U.S. domestic law. One law professor summed up the
debate this way: “The president is going to have to go to the Senate or
face a lot of political heat.”
Even without ratification, President Obama can push for
compliance through more executive actions. Indeed, the
White House has already celebrated getting commitments to reduce HFC use
from the private sector. With or without ratification, observers
expect HFC reductions to continue.
While the U.S. Clean Power Plan languishes in the courts,
President Obama is continuing to push his climate change legacy. The Kigali
Accord promises real, measurable avoided emissions in the years to come.
If you enjoyed this
blog post, please consider voting here for our Charged Debate blog for the
Expert Institute's "Best Education and Law School Blog."
Thanks for sharing. Please do visit the link below.
ReplyDeleteEnergy Analysis
thanks for sharing information......
ReplyDeleteEnergy Analysis
Energy Analysisin USA
Energy Analysis in UK
Energy Analysis in India