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Government of Canada Developing Article 6 ITMO Framework

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Environment and Climate Change Canada (ECCC) today announced that the Government of Canada is exploring a policy framework to trade internationally transferred mitigation outcomes (ITMOs). ECCC stated that the framework “could allow Canadian companies to participate in international carbon markets catalyzing further investment in climate mitigation activities, including deployment of carbon removal technologies and nature‑based solutions.” The announcement was made by Minister of the Environment, Climate Change and Nature Julie Dabrusin in Ottawa this morning. Article 6 and ITMOs. ECCC noted that Article 6 of the Paris Agreement allows countries to choose to cooperate in meeting their national climate targets through measures including international carbon markets and the trading of ITMOs. It stated that ITMOs could mobilize investment in projects generating high-integrity emissions reductions and removals in Canada and abroad and create opportunities for the deployment of Canadian technology and expertise. ITMO requirements. ECCC further noted that any carbon credit used as an ITMO must meet the requirements of Article 6, including requirements relating to additionality and corresponding adjustments. ECCC stated that it will ensure that any ITMO trading activities are aligned with Article 6 rules and guidance to support environmental integrity and rigorous accounting, including to help ensure that traded emissions reductions and removals are real, additional, verified, and permanent. Next steps. ECCC said that it will engage with provinces and territories, Indigenous organizations, and other partners in exploring a possible approach to operationalizing ITMOs in the Canadian context. ECCC also stated that development of an ITMO framework complements the more than $13B in international climate finance included in the Spring Economic Update. For further information or to discuss the contents of this bulletin, please contact Lisa DeMarco at lisa@resilientllp.com or Jonathan McGillivray at jonathan@resilientllp.com.

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UNEP Releases Report on Pathways for Limiting Global Temperature Overshoot

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The United Nations Environment Programme (UNEP) yesterday published a new report, Limiting Overshoot: Navigating exceedance of 1.5°C and pathways towards return (the Report), examining the implications of exceeding the Paris Agreement’s 1.5°C temperature goal. The Report notes that global warming is now projected to reach at least 1.8°C and argues that climate policy must increasingly address not only whether 1.5°C is exceeded, but by how much and for how long. UNEP indicated that limiting the overshoot and peak, while pursuing pathways capable of bringing temperatures back down, will be critical to reducing climate risks and preserving future options for adaptation. This bulletin briefly summarizes the following key findings and pathways to respond to the global temperature overshoot set out in the Report: Overshoot is a pathway, not a moment. UNEP describes an “overshoot, peak and decline” pathway as the best remaining option to return global temperatures to or below 1.5°C by the end of the century. The pathway depends on minimizing peak warming through rapid and sustained greenhouse gas (GHG) reductions, reaching net-zero, and ultimately achieving net-negative emissions. The Report notes that lower peak warming and a shorter period above 1.5°C would reduce climate risks and impacts and improve the prospects of bringing temperatures back down. Going above 1.5°C must not mean abandoning the goal. UNEP states that global temperature rise is likely to cross 1.5°C within the next few years and that there are “no good outcomes” from remaining above that level. Risks intensify with every fraction of a degree and include more severe extreme weather, damage to food and water systems, ecosystem loss, and the possibility of crossing difficult or irreversible tipping points. Adaptation and mitigation must happen hand-in-hand. The Report emphasizes that mitigation and adaptation are interconnected and must advance together. Weak mitigation will increase climate impacts and adaptation needs,…

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EPA to Rescind 2009 GHG Endangerment Finding

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The U.S. Environmental Protection Agency (EPA) yesterday announced its intent to rescind the 2009 Endangerment and Cause or Contribute Finding for Greenhouse Gases (the Finding) later this week. The Finding, issued under the Clean Air Act (the Act) and preceded by confirmation of the EPA’s regulatory authority by the U.S. Supreme Court in a landmark 2007 decision, has served as the legal foundation for almost all climate regulations under the Act, including auto standards. Once rescinded, the EPA is expected to repeal all GHG emission standards for light-, medium-, and heavy-duty vehicles and engines. The EPA previously indicated that engine and vehicle manufacturers would no longer have any future obligations for the measurement, control, and reporting of GHG emissions for any highway engine and vehicle. The EPA has stated, however, that it would maintain regulations necessary for criteria pollutant and air toxic measurement and standards, Corporate Average Fuel Economy testing, and associated fuel economy labeling requirements. Background. On December 7, 2009, the Obama Administration signed two distinct findings regarding GHGs under section 202(a) of the Act: Endangerment Finding. Current and projected concentrations of the six key well-mixed greenhouse gases – carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6) – in the atmosphere threaten the public health and welfare of current and future generations. Cause or Contribute Finding. The combined emissions of the well-mixed GHGs from new motor vehicles and new motor vehicle engines contribute to the GHG pollution that threatens public health and welfare. On January 20, 2025, President Trump signed an Executive Order directing the EPA to submit recommendations regarding the legality and continuing applicability of the Finding. Following that directive, the EPA announced last summer that it was reconsidering the Finding, culminating in this week’s anticipated formal rescinding of the Finding.   For further information or to discuss the contents…

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