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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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President Trump Directs U.S. Withdrawal From 66 International Organizations, Conventions, and Treaties

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Yesterday, President Trump issued a memorandum on “Withdrawing the United States from International Organizations, Conventions, and Treaties that Are Contrary to the Interests of the United States” (the Memorandum). The Memorandum directs all executive departments and agencies to take immediate steps to effectuate the withdrawal of the United States and cease participating in and funding of 35 non-United Nations (UN) organizations and 31 UN entities that “operate contrary to U.S. national interests, security, economic prosperity, or sovereignty.” Most notably, the Memorandum directs the withdrawal of the U.S. from the Intergovernmental Panel on Climate Change (IPCC) and the United Nations Framework Convention on Climate Change (UNFCCC), a move with potentially far-reaching implications for global climate action, climate multilateralism, and international climate science coordination and reporting. This bulletin identifies the key climate, environment, and energy-related organizations listed in the Memorandum and provides an overview of the differing processes and implications of withdrawing the U.S. from the UNFCCC and the soon to be effected withdrawal from the Paris Agreement. Non-UN Organizations. The U.S. will withdraw from the IPCC and, among others, the following climate, environment, and energy-related non-UN organizations: 24/7 Carbon-Free Energy Compact; Commission for Environmental Cooperation; Inter-American Institute for Global Change Research; Intergovernmental Forum on Mining, Minerals, Metals, and Sustainable Development; Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services; International Energy Forum; International Renewable Energy Agency; International Solar Alliance; International Tropical Timber Organization; International Union for Conservation of Nature; Renewable Energy Policy Network for the 21st Century; and Secretariat of the Pacific Regional Environment Programme. UN Organizations. The U.S. will effectively withdraw from the UNFCCC and, among others, the following climate, environment, and energy-related UN organizations by “ceasing participation in or funding to those entities to the extent permitted by law”: Department of Economic and Social Affairs; International Law Commission; International Trade Centre;…

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German Court Finds Apple Watch Not A ‘CO2-neutral Product’

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A panel of judges of the Commerce Chamber of the Frankfurt am Main Regional Court (the Court) has released its decision barring Apple from promoting three Apple Watch models as “CO2-neutral products”. The Court granted an injunction sought by Deutsche Umwelthilfe (Environmental Action Germany), finding that advertising the watches as a “CO2-neutral product”, based in part on the purchase of carbon credits from “nature-based” projects, was misleading under German competition law. This bulletin briefly summarizes the key findings of the Court. Decision. In finding that Apple must refrain from advertising the three models of Apple Watches as a “CO2-neutral product”, the Court determined that the claims were misleading and violated s. 5(1) of the Act against Unfair Competition, which prohibits misleading business acts that are likely to induce consumers or other market participants to make a business decision that they would otherwise not have made.  Apple’s claims were based, in part, on the purchase of carbon credits from a forest project in Paraguay. However, the Court held that 75% of eucalyptus plantations in the carbon offsetting forest projects in Paraguay were only leased until 2029 and that the CO2 offsetting could therefore only be guaranteed until 2029. The Court also rejected Apple’s argument that Verra’s buffer pool account was sufficient to secure the uncertainty of lease extensions according to the VCS Standard, and noted that in the event of non-renewal of the leases, the VCS Standard only allowed Apple to continue to monitor the forest project: “The possibility of only monitoring the remote part of the project area for the remaining duration and only having the buffer account mechanism intervene in the event of loss is not a CO2 compensation measure that is equally suitable for the continuation of the forest project beyond 2029.” (translated from the original German) In finding Apple’s claims misleading to…

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International Court of Justice Releases Landmark Climate Change Opinion

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The International Court of Justice (ICJ) today released its unanimous advisory opinion on obligations of States in respect of climate change (the Advisory Opinion). The Advisory Opinion, delivered by Judge Yuji Iwasawa and non-binding, determined that States may face legal consequences under international law for failing to meet their obligations to address climate change and protect the environment. This bulletin briefly summarizes background information, key findings of the Advisory Opinion, and highlights from separate opinions of ICJ judges delivered alongside the Advisory Opinion. Background. On 29 March 2023, the General Assembly of the United Nations adopted a resolution requesting the ICJ to give an advisory opinion on the following questions: (a) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases (GHG) for States and for present and future generations? (b) What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to: (i) States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change? (ii) Peoples and individuals of the present and future generations affected by the adverse effects of climate change? Key findings. Key findings of the Advisory Opinion in response to question (a) include: International climate change treaties, including the United Nations Framework Convention of Climate Change (UNFCCC), Kyoto Protocol (KP) and the Paris Agreement (PA), set forth binding obligations for States parties to ensure the protection of the climate system and other parts of the environment from anthropogenic GHG emissions. Customary international law sets forth obligations for States to ensure the…

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