Resilient LLP (formerly DeMarco Allan LLP)
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DT Vollmer

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UNFCCC Secretariat Publishes Informal Reports on Article 6.2

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The UNFCCC Secretariat today published informal reports on the technical workshops on Article 6.2 of the Paris Agreement that were held virtually between May 16 and 19, 2022. The technical workshops were held further to the Article 6.2 Guidance on cooperative approaches agreed at COP 26 in November 2021. The technical workshops focused on Article 6.2 reporting rules and related infrastructure requirements, which are expected to influence how countries operationalize Article 6 through domestic legislation. Two informal reports and three supporting slide decks were published on the following topics:  Tables and outlines for reporting required Article 6.2 information (informal report): Outlines for the initial report and regular information annex to the biennial transparency report (slide deck); and Agreed electronic format for annual information (slide deck) Options for implementing Article 6 infrastructure requirements (informal report): Registries and the international registry; The Article 6 database; and Centralized accounting and reporting platform (slide deck). The Subsidiary Body for Scientific and Technological Advice (SBSTA) will consider the outcomes of the technical workshops at its intersessional meetings set to take place in Bonn between June 6 and 16, 2022. The SBSTA is then expected to forward its recommendations for consideration and adoption at COP 27 in Sharm el-Sheikh, now set to begin one day earlier, on November 6, and run until November 18, 2022. For further information or to discuss the contents of this bulletin, please contact Lisa DeMarco at lisa@resilientllp.com.

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B.C. Proposes Significant Changes to Low Carbon Fuel Standard

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The Government of British Columbia (B.C.) has introduced Bill 15, the Low-Carbon Fuels Act (LCFA), to replace the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act (the GGRA) and update the Renewable and Low Carbon Fuel Requirements Regulation, which together are known as B.C.’s low carbon fuel standard (LCFS). The government indicated that the new LCFA is meant to make its greenhouse gas (GHG) reduction legislation easier to understand, administer, and enforce. This bulletin briefly highlights key changes to the LCFS. Proposed changes to the LCFS include: Fuel for Aviation and Marine Use. The LCFA would include fuel supplied for aviation and marine use, thereby ensuring that all fossil-derived transportation fuels supplied in B.C. are subject to carbon-intensity requirements and generate market opportunities for a wider range of low-carbon fuels. Direct Air Capture and Sequestration. The LCFA would authorize the provision of compliance credits for direct air-capture and permanent sequestration of GHGs, which is intended to support investments in technologies that remove CO2 from the atmosphere. Increase Use of Low-Carbon Products, including EVs. The LCFA would require some utilities to use a portion of their revenues from the sale of low-carbon fuel credits for programs dedicated to increasing the use of low-carbon products. This is intended to further supports the purchase of electric vehicles. Expand Access for Credit Trading. The LCFA would expand access for earning low-carbon fuel credits and engaging in credit trading to persons other than fuel suppliers. The government indicated that this will provide a new funding mechanism for businesses, communities, academic institutions, and others that may commercialize new fuel production methods or develop clean-energy technologies that reduce GHG emissions. Provide Clarity. The LCFA is intended to make the LCFS easier to administer and enforce, enhance understanding, and provide regulatory certainty for fuel suppliers and those making investments in low-carbon fuels. The LCFA includes several transitional provisions including affirming that…

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Resilient Growth!

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We are thrilled to announce the addition of Nicholas Daube to the Resilient LLP Team. Nick comes to us from a position of depth and breadth in both climate and finance related public policy and law, after several action-packed years in private practice and the offices of the Ontario premier, as well as provincial and federal government ministers (finance, environment, and the Attorney General).  Nick is leading up Resilient LLP’s services in and around all things hydrogen and adding to our breadth in all things climate change, energy transition and Indigenous resurgence.  Please join us in welcoming Nick to the Resilient Team!

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Planetary Technologies Wins XPRIZE $1M Award

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Planetary Technologies (Planetary) today announced that it was awarded the $1M XPRIZE Carbon Removal Milestone Award. Planetary won the award for its accelerated carbon transition platform and will use the award to achieve a full-scale demonstration of its technology. The award is part of the $100M XPRIZE Carbon Removal Challenge, a four-year global competition funded by Elon Musk and the Musk Foundation.   Planetary’s award winning technology permanently stores carbon by purifying mine waste into a mild, nontoxic antacid which is then released into the ocean, restoring the ocean’s pH levels and accelerating the ocean’s absorption of CO2 from the atmosphere. Resilient LLP congratulates Planetary on this historic milestone!   For further information or to discuss the contents of this bulletin, please contact Lisa DeMarco at lisa@resilientllp.com.

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Ontario Provides EPS Principles for Meeting Federal Benchmark and Releases New Emissions Reduction Modelling

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The Ontario Ministry of the Environment, Conservation and Parks (the Ministry) has posted a bulletin (the Bulletin) providing principles to guide policy development and future consultations for Ontario’s Emissions Performance Standards (EPS) program to meet the updated federal benchmark for 2023-2030 (read our earlier bulletins on the EPS here and here). The Ministry also released new modelling demonstrating how Ontario is forecasted to meet its GHG  emission reduction target of 30% below 2005 levels. This bulletin briefly summarizes key information in the Bulletin and the emissions scenario modelling. Proposed Principles. The Bulletin notes that the federal government, in its Update to the Pan-Canadian Approach to Carbon Pollution Pricing 2023-2030, set out new and more stringent benchmark requirements ($65/tCO2e in 2023, rising $15/year to $170 in 2030) that all carbon pricing systems, including the EPS program, must meet under the Greenhouse Gas Pollution Pricing Act. To meet the more stringent benchmark, the Ministry is proposing to design the next phase of the EPS program using the following guiding principles: provide continuity and predictability for Ontario businesses; incent GHG emissions reductions, which will help Ontario to meet its target to reduce GHG emissions by 30% below 2005 levels by 2030; minimize the risk for carbon leakage (the risk of production leaving the province for other jurisdictions with less stringent climate policies), taking into account competitiveness impacts to Ontario industry; ensure the program continues to be fair, cost-effective, and flexible to the needs and circumstances of Ontario; and minimize regulatory burden. Emissions Reduction Modelling. New modelling released as part of the Bulletin provides updated forecasting of provincial emissions out to 2030. The modelling shows that Ontario’s emissions are forecasted to be 143.7 MT CO2e in 2030, slightly lower than Ontario’s 144 MT target for 2030. The Ministry notes, and as shown in the graph…

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