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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, 2008

WCI releases Draft Design Recommendations

Posted by Grant Boyle

The Western Climate Initiative (WCI) released Draft Design Recommendations on elements of its cap and trade program on May 16, 2008 The recommendations are likely to have a significant impact on the implementation of BC’s new cap and trade law - Bill 18, which is currently in its second reading in the BC Legislature. The WCI is a regional initiative, including Arizona, California, New Mexico, Oregon, Washington, Montana, Utah, BC, Manitoba, and Quebec (Saskatchewan, Ontario and several other US and Mexican states have observer status). Partners under the WCI have agreed to a regional GHG reduction target of 15% by 2020 from 2005 levels.

The Draft Recommendations suggest the WCI cap and trade program will cap GHG emissions from electricity, large stationary combustion sources, industrial process and waste management, and fossil fuel production and processing. The Draft Recommendations also contemplate the inclusion of transport emissions, which comprise about 36% of total emissions in the region. Under the proposal, Partners would have a GHG allowance budget set to 2020 and would issue allowances to regulated entities in their respective jurisdictions. WCI allowances would have equivalent use and value throughout the WCI region. The plan also recommends each Partner auction a minimum percentage of allowances ( 25-75%). The regional cap and trade system would also include a system for offset credits. The Draft Recommendations strongly endorse reliance onThe Climate Registry for the cap and trade program’s GHG reporting system.

Final design recommendations are due September 2008, along with expected timelines for state and provincial implementation.

Carbon markets boom

Posted by Andrew Lord

The voluntary market for carbon credits more than tripled in 2007 to USD $331 million, while the much larger regulated market more than doubled to USD $64 billion. Those are the conclusions of two significant carbon reports released last week.

Ecosystem Marketplace and New Carbon Finance released State of the Voluntary Carbon Markets 2008 last week. The report notes that the volume of credits traded increased from 25 million tonnes CO2 equivalent (tCO2e) in 2006 to 65 million tCO2e in 2007. The average price of a tonne of CO2 jumped by $2 to $6.10. However the price remained very volatile in 2007, ranging from $1.62 per tCO2e to about $300 per tCO2e. That volatility is a reflection of the perceived problems with the quality of some credits, a perception that the market tried to address by introducing a number of voluntary credit standards during the year.

Also released last week was the World Bank's State and Trends of the Carbon Market 2008. This report focuses on the regulated carbon market, particularly the allowance market under the EU Emissions Trading Scheme and the project market under the Kyoto flexibility mechansms (Clean Development Mechanism and Joint Implementation). The value EU ETS trades, which comprised 78% of the overall regulated market, more than doubled to $50.4 billion, with the average price creeping up from just over $22 per tCO2e in 2006 to around $24.30 in 2007. In the project market, the big story in 2007 was the emergence of a strong secondary market for CERs. The value of trades in the secondary market increased by a factor of over 10 to $7.4 billion. The secondary market was largely occupied by aggregators who purchased a portfolio of CERs and sold guaranteed CERs backed by the portfolio and, in some case, credit-enhanced through the aggregators' banks. At about 28%, growth in the value of trades in the primary CDM market was strong, but not as vibrant as that in the secondary market.