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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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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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UNEP Releases 2023 Emissions Gap Report

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The United Nations Environment Programme (UNEP) recently published its annual emissions gap report: Emission Gap Report 2023: Broken Record (the Report). The Report provides an assessment of the gap between pledged and actual greenhouse gas (GHG) emissions reductions and the reductions required to align with the long-term temperature goal of the Paris Agreement and is published annually in the lead-up to the UN Climate Change Conference. COP 28, set to start Thursday in Dubai, will mark the conclusion of the first Global Stocktake under the Paris Agreement, which is very likely to acknowledge that current Nationally Determined Contributions (NDCs) are insufficient to achieve the goals of the Paris Agreement. The UNEP Report highlights the need for immediate implementation of solutions to the emissions problem. Article 6 of the Paris Agreement represents a viable mechanism to channel capital at the levels required in the time available. The Public Policy Forum, together with Resilient LLP and the International Emissions Trading Association, released a report last week titled The Missing Article: How to get Canada back in the game on Article 6. This bulletin briefly summarizes the key findings of the Report. The emissions gap in 2030 remains high. The Report indicates that current unconditional NDCs result in a 14 GtCO2e gap for a 2°C goal and a 22 GtCO2e gap for the 1.5°C goal. Full implementation of unconditional and conditional NDCs would reduce these estimates by 3 GtCO2e.   Figure: GHG emissions under different scenarios and the emissions gap in 2030 and 2035 Source: UNEP, Emissions Gap Report 2023, Figure 4.2   Likelihood of limiting warming to 1.5°C remains low. The Report found that there is only a 14% likelihood of limiting warming to 1.5°C and that current policies are likely to see temperature rise by 3°C compared to pre-industrial levels. However, implementing all unconditional and conditional pledges by 2030…

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Supervisory Body Publishes Recommendations for Methodologies and Removals Under Article 6.4 of the Paris Agreement

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The Article 6.4 Supervisory Body (SB) has published guidance on activities involving removals under the Article 6.4 mechanism of the Paris Agreement (the Removals Guidance). The SB also published recommendations on the requirements for the development and assessment of Article 6.4 mechanism methodologies (the Methodology Requirements). Both recommendations will be presented for consideration and adoption by the Parties to the Paris Agreement (CMA) at COP 28 starting later this month in Dubai, UAE. This bulletin highlights key information, guidance, and requirements provided by the SB in both the Removals Guidance and the Methodology Requirements. Removals Guidance Recommendation The Removals Guidance defines removals as the outcomes of processes to remove GHGs from the atmosphere through anthropogenic activities and destroy or durably store them. Requirements. The Removals Guidance provides the following requirements for activities involving removals under the Article 6.4 mechanism: Monitoring. Activity participants must monitor removals through appropriate application of quantification and estimation based on field measurements, remote sensing, measurement through instrumentation, and/or modelling. Post-crediting period monitoring, reporting, and remediation of reversals. Activity participants must undertake monitoring, reporting, verification, and remediation measures during the post-crediting monitoring period to confirm the continued existence of removals and to address any reversals of removals for which 6.4 carbon credits (6.4ERs) were issued during the active crediting period(s). The SB noted that 6.4ERs will not be issued for removals generated after the last active crediting period, including during the post-crediting monitoring period. Reporting. Activity participants must prepare monitoring reports after implementing monitoring operations and methods. These reports are to be prepared without a gap between two successive monitoring periods. The SB noted that methodologies will contain provisions specifying the minimum frequency of monitoring report submission, commensurate with the degree and nature of the risk of reversals. Accounting for removals. Removals eligible for crediting must exceed the applicable baseline determined in accordance with the Methodology Requirements and will be…

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UNFCCC Secretariat Releases Concept Note on Carbon Removals under Article 6.4

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The UNFCCC Secretariat has released a concept note on carbon dioxide removal (CDR) activities under the Article 6.4 Mechanism (the Concept Note), published as an annex to the annotated agenda of the first meeting of the Article 6.4 Supervisory Body (SB) taking place beginning today in Bonn, Germany. This bulletin provides a brief summary of the Concept Note. Alongside the Concept Note, the UNFCCC Secretariat also released draft rules of procedure for the SB and concept notes on SB work in 2022-2023, its support structure, share of proceeds, and guidelines on baselines and additionality. Overview. The Concept Note is the first step in the SB’s work to develop recommendations for CDR and includes analysis of possible CDR activities under the Article 6.4 Mechanism, including CDR monitoring, reporting, accounting, crediting periods and issues relating to addressing reversals, avoidance of leakage, and avoidance of other negative environmental and social impacts. We anticipate that CDR will be given particular attention at COP 27 set to take place in Sharm El-Sheikh, Egypt this November and note that the SB is due to make recommendations on CDR in advance of the COP. Key issues and analysis. The Concept Note provides analysis on the following key issues: Types of CDR activities. The Concept Note defines CDR as “anthropogenic activities that remove carbon dioxide (CO2) from the atmosphere and ensure its long-term storage in terrestrial, geological, or ocean reservoirs, or in long-lasting products” and acknowledges that CDR cannot serve as a substitute for deep emissions reductions, but can fulfil multiple complementary roles (including near-term reductions, addressing residual emissions from ‘hard-to-transition’ sectors, and achieving and sustaining net-negative in the long-term). The Concept Note breaks CDR out into the following categories: Afforestation and reforestation (A/R) and revegetation; Sustainable forest management;  Wetlands restoration and re-wetting;  Agroforestry; Urban forestry; Soil organic carbon enhancement in croplands…

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