Authors

Resources

Publications

All Publications in This Practice Area

Tags

RSS Feed

 RSS 2.0

Archives

Disclaimer

Davis LLP Web Logs or "Blogs" are intended to provide general comments on developments in the law. They are not intended to be a comprehensive review nor are they intended to provide legal advice. Readers should not act on information in the blogs without seeking specific advice on the particular matter. Please contact a lawyer listed on the blog pages for additional details, or to discuss how blog information is relevant to a specific situation.

Climate Change Law Practice Group Blog

» May, 2007

Alberta cool to trading carbon offsets beyond borders

As regional markets for the trading of GHG emissions and offsets begin to form in North America, British Columbia’s premier has begun attempting to sell the idea of a regional market to Alberta. Alberta’s Premier however has always taken a position that “Alberta money will stay in Alberta”. This would appear to be based on the idea that it would be cheaper for Albertans to reduce GHG emissions by investing in reductions elsewhere, rather than investing in Alberta. However, where reduction opportunities are cheaper in Alberta, the province could find itself as a net importer of capital focused on reducing emissions. Click here for the Globe and Mail article

World's largest tidal project announced

Another large tidal project was announced recently, this time in South Korea. The plan is to build the world’s largest tidal facility - 812MW - over an area that covers four islands. Clearly tidal has some large potential.

Why it is important to canvas options

A month or so ago, Prime Minister Steven Harper took a spending tour of Canada and doled out cash promoting the Federal ecoTrust program. In particular, each province was allocated a portion of the $2 billion earmarked for environmental change, and various projects were announced.
In BC, the funding was handed over to the province fairly free of strings. The idea was that BC had a strong Energy Plan which outlined a number of GHG emission reducing programs.

One such program, the Highway 37 Electrification Program, which has been priced at $326 million, has come under fire. The plan is to extend the electricity grid to the north-western corner of the province in an effort to reduce the reliance by remote communities on diesel generators. A laudable goal in and of itself, but if this was a CDM, would it pass muster?

For starts, to qualify as a CDM (the UN benchmark for projects which lead to a net decrease in GHG emissions) the project must actually reduce emissions. This includes ‘leakages’ and increases which occur as a result of the project. So will Highway 37 actually reduce the GHG produced by the small communities of Northern BC, or will the emissions increase? Sure the diesel generators will be gone, but there is a whole lot of additional energy being produced and feed to that corner of the province under Highway 37. Perhaps there are other alternative uses for the ecoTrust funds, such as helping remote communities develop local grids based on renewable energy, a goal outlined in the provinces 2007 Energy Plan.

Carbon Neutral

Both Yahoo and PepsiCo have announced that they will be going carbon neutral through the purchase of a series of carbon offsets. Yahoo will be offsetting 2/3 of its carbon footprint with the funding of renewable energy projects and is looking for the public to suggest methods for reducing the other third. It is estimated that the reduction in CO2 by Yahoo is the equivalent of removing 25,000 cars.

Pepsi on the other hand is investing in enough offsets to balance the carbon produced by all of its offices, manufacturing plants and distribution centres throughout the US. This makes PepsiCo the largest private corporation in the US to go carbon neutral. They too will be offsetting through the investment in renewable energy projects.

But does this truly offset greenhouse gas? The idea of investing in projects with small carbon footprints, and then ‘crediting’ the investor by balancing this reduced footprint against their other GHG emissions is entrenched in the Kyoto Protocol in the form of Clean Development Mechanisms (“CDM”). CDMs however are vigorously regulated and have three key components that do not exist in many of the carbon offsets currently being used in voluntary markets. These are:

  1. The project must take place in a developing country. This ensures that GHG emission reduction from developed countries are absolute reductions.

  2. The project must be such that it would not have occurred if the additional investment was not made. For example, funding a companies government regulated emissions reductions wouldn’t count as a carbon offset for the investor.

  3. The project must met the sustainability goals of the host country. This is a key component of the CDM as it ensures that the new projects met the economic, environmental and social goals of the local community. Unregulated carbon offsets have no such requirement.

Not that carbon offsets are not a good idea. They definitely promote both the renewable energy and sustainable technology markets. The question is whether or not any particular program actually offsets the carbon produced by those claiming the credits. This concern is what has lead many people to question offsets altogether, or at the very least, call for the regulation and validation of this growing sector.

An Emissions Trading Primer

A lot has happened in the news since our last post regarding emissions trading, but it still unclear what the landscape will look like in Canada. One thing appears to be clear, a cap and trade system for greenhouse gas emissions is coming in one form or another to Canada.

Last week Environment Minister Baird announced, among other things, that an emissions cap and trade system is being considered for Canada. The entire plan, which is based on intensity reductions at first, stabilization at 2006 levels and then a gradual reduction of GHG was criticized first by Dr. Suzuki and then by form US vice-president Al Gore.

This of course prompted a response by Environment Minister Baird, which ironically criticized Bill Clinton and Al Gore's terms in office for not doing enough about Kyoto. What the Minister forgets to mention is that Kyoto was not ratified by most states, including Canada, until well after President Bush had taken office. Indeed, it has been suggested that the market mechanisms of Kyoto, which ultimately made the protocol palatable to most countries, was introduced by Gore in 1997. From early on Gore realized flexibility would be required to reduce emissions.

And now, in addition to the British Columbian government signing on to an agreement to develop an emissions trading system with California, Premier McGuinty (Ontario) has woken up this morning and announced that he will be working with the provincial premiers to develop a Canada wide cap and trade system which goes around the Federal effort.

So it appears each day that it is more and more likely that a cap and trade system for greenhouse gases will emerge in Canada. But what is 'emissions trading' and what is in designed to do?

This great little summary was pulled from Wikipedia:

In such a plan, a central authority (usually a government agency) sets a limit or cap on the amount of a pollutant that can be emitted. Companies or other groups that emit the pollutant are given credits or allowances which represent the right to emit a specific amount. The total amount of credits cannot exceed the cap, limiting total emissions to that level. Companies that pollute beyond their allowances must buy credits from those who pollute less than their allowances or face heavily penalties. This transfer is referred to as a trade. In effect, the buyer is being fined for polluting, while the seller is being rewarded for having reduced emissions. The more firms that need to buy credits, the higher the price of credits becomes -- which makes reducing emissions cost-effective in comparison. Thus companies that can easily reduce emissions will do so and those for which it is harder will buy credits which reduces greenhouse gasses at the lowest possible cost to society.

A Canada wide system would set a limit for the country as a whole (say 6% below 1990 levels, or 560 million tonnes). This could then be split by province (hopefully also based on 1990 levels). Whether a federal or provincial levels are set however, the next step would be for a level of government to set emissions targets. This can be done by setting intensity targets (an amount of GHG emissions per unit of production) or absolute targets (no more than 10 tonnes of pollution from XYZ Co.'s plant in Burnaby). The problem with intensity targets is that it does not guarantee an absolute reduction since increases in production lead to increases in emissions, although at a slower rate. Absolute reductions however run into the problem of allocation. You cannot use 1990 levels since some of those emitters are no longer around, and others have appeared. All of this is of course made worse by the fact that we have waffled for the past 15 years since the UN Framework Convention on Climate Change was signed and emissions have escalated.

But assuming the hurdle of finding consensus on both a cap and the initial allocation could be overcome, this cap would then be the maximum amount of GHG emissions that could be produced by the region (Canada or a province) per year. Any emissions above and beyond your allocation would have to be made up by purchasing credits from the market or, in the Kyoto system, by earning credits through the development of projects which reduce the amount of emissions that would have otherwise be created elsewhere in the world. For example, building a wave farm in South Africa would produce less GHG emissions than building a coal power plant (the alternative that would have occurred in the emissions intense South African energy sector). If this project was undertaken by a Canadian company, they would get credit for the notional reductions, since they have invested capital to produce a product that was required with less greenhouse gases than would otherwise have been created.

Will it work? Who knows? I personally think it will. Emissions systems have been successful for other pollutants (e.g. sulphur dioxide). And for those who would say that all the emissions reduction associate with those programs was purely regulatory, those regulations established the cap, the trade, or market portion of the system, ensured the reductions were carried out by the party best equipped to do so.

BC Ministry of Finance Seeks Input

The British Columbia Ministry of Finance has flagged fiscal and tax measures as an important tool for reaching the emissions reductions goals of the province. They are now seeking input from the general public and have asked for your comments. They can be reached at:

Tax Policy Branch
PO 9470 STN PROV GOVT
Victoria BC V8W 9V8

Fax: 250 356-7624
Email: Climate.action.tax.ideas@gov.bc.ca