Cap-and-Trade Model Appears Liable to Fraud

The cap-and-trade model has become under increasing pressure as it has surfaced, once again, that the model is open to fraud. It appears that the European Union's Emission Trading Scheme has been defrauded billions of dollars.

The fraud issue appears to be related to monies actually within the scheme, but to VAT payable on the transactions. Companies / traders were buying / selling across the various EU borders to avoid VAT, particularly in Denmark where VAT stands at 25% (compared to the EU average of 21%). The trades were occurring for the sole purpose of reclaiming VAT which invariably boosted ETS activity. It is known as carousel fraud and has happened in lots of different industries over the years across the EU. The ETS is the latest.

The carbon tax option is starting to look better and better...

Embarrassment for Canada: Hoax at Copenhagen

The Yes Men have once again struck a hoax and this time their victim was the Canadian Government. At yesterday's Copenhagen summit, a number of fake press releases were circulated which stated that Canada will make drastic GHG emissions cut.

Greenpeace accuses Canada for derailing the negotiations, playing-off richer and poorer countries, and hiring lobbyists in Washington to support the tar sands.

Canadians do not have a cultural attachment to the tar sands as compared to forestry and the seal hunt. We have tremendous natural resources and yet our government continues to derail international negotiations.

Mikhail Gorbachev and former Canadian PM Kim Campbell, along with other prominent individuals, to urge the Canadian government to take the lead on climate change.

Canada's position is being exposed and this will make the Canadian government more vulnerable. Over 74 percent of Canadians want action on climate change. There will be a political cost if Canada does not act now.

In the meantime, uncertainty continues to prevail for many industrial and manufacturing sectors in Canada as clear targets have not yet been established.

The Story of Cap and Trade

Two years ago, Annie Leonard released The Story of Stuff, an educational on-line video about rampant consumerism. Now she has done it again. Her latest release, The Story of Cap and Trade, will surely raise some questions as it criticizes how cap and trade functions.

She begins with a refreshing demonstration of enthusiasm for the upcoming conference in Copenhagen, expressing that the fact that world leaders are getting together to talk about climate solutions is a huge triumph and potentially an important step in right direction. But she harshly warns that cap and trade should not be the only solution considered. Cap and trade has been strongly promoted by many well-intention people, but its designers comprise a surprising amount of Enron and Goldman Sachs representatives who have essentially created a carbon stock market. While this may sound disconcerting, it can also be argued that because cap and trade is supported by those who actually have wealth and power, it stands a better chance of being pushed through.

Ideally, this market will be capped such that each country gets a certain number of pollution permits. Each year such permits will become fewer and so more expensive. Those who do not need them will sell to those who do and therefore total emissions will remain under the cap. According to Leonard, “the devil is in the details.”

Detail number one is that initial permits will be free in what is more accurately a “cap and giveaway” system. The more an individual company has historically polluted, the more permits they will receive. Europe has tried this, and according to Leonard it resulted in unstable permit prices, higher gas prices, increased emissions, and the polluters made money. This can be disputed from all angles but for more information on the EU ETS, check out their site.

Rather than creating a system in which polluters profit, Leonard advocates that funds instead be used to promote a clean energy economy, provide dividends for citizens to afford energy while transitioning to new fuel sources, and to compensate for ecological debt, which mainly occurs as first world countries benefit at the expense of environmental degradation in the third world. While these solutions certainly sound good, they are a bit too vague to provide a clear view of realistic alternatives to investing in cap and trade.

The second “devilish” detail is in the concept of offsetting. It is very difficult to guarantee that offsets are truly serving their vital function. For example, Indonesian indigenous forests have been cut down and replaced with palm oil trees, and somehow this destruction has been valued as a false offset. Additionally, some companies can receive credit for offsetting simply by not expanding as much as they claimed they had planned to. Expanding less certainly does not actually offset any carbon emissions.

Thirdly, Leonard portrays cap and trade as a dangerous distraction. She argues that people are eager to accept whatever is proposed and so are neglecting alternative solutions that exist. Leonard claims that it weakens our ability to effectively utilize strong laws like the Clean Air Act, which already lists carbon dioxide a pollutant that can be regulated by the EPA. Cap and trade does more to protect business as usual than it does to demand solid caps, strong laws, citizen action, or carbon fees – all of which offer truer solutions to climate change. Basically, its creators want to sacrifice nothing, get rich, and save the planet if possible. Leonard admits that cap and trade may serve as an important first step and it is certainly better than nothing, but she insists that we cannot solve the climate change problem with the same mindset that got us into this mess. She has indeed raised some valid concerns about cap and trade; however, Leonard fails to provide adequate arguments in favour of other solutions. She does not explain with any degree of detail how a carbon tax would work. Carbon taxing, like cap and trade, has several benefits but also its own set of faults and imperfections.

Please see the Western Climate Initiative's (WCI) section on cap and trade which can provide you with a introductory background on how cap and trade works.

Adapted from Strategic Sustainability Consulting - http://www.linkedin.com/news?viewArticle=&articleID=92183403&gid=983557&articleURL=http%3A%2F%2Fwww%2Esustainabilityconsulting%2Ecom%2Fblog%2F2009%2F12%2F7%2Freview-annie-leonards-the-story-of-cap-and-trade%2Ehtml&urlhash=uL5C&trk=news_discuss

Berlusconi Gets Smacked

I know this has nothing (directly) to do with the environment, but seeing Berlusconi's bloodied face made me smile today. His latest political gaffes, including doodling women's underwear at the recent climate change talks, continues to embarrass Italians (including myself). One starts to wonder whether, given his track record, whether it was fabricated. One starts to also start to feel thankful for having a leader such as Harper...

Climategate and the Precautionary Principle

Thomas L. Friedman wrote a thought-provoking op-ed piece in The New York Times about the recent climategate shenanigans and smartly applied it to the precautionary principle. The precautionary principle, as used in the environmental sphere, should be considered alongside risk management, i.e.: if an action or policy might cause severe or irreversible harm to the public or environment, in the absence of a scientific consensus that harm would not ensure, the burden of proof falls on those who advocate taking the action. The precautionary principle has been invoked many times and continues to be applied, for example, in the European Union's ban on GMOs and hormones (from meat products).

The climategate "scandal" has fuelled climate deniers and has cast a shameful image on those climate scientists who have manipulated data. But this still is no reason to stop any action on climate change. As Friedman points out in his article, what would be the choices?

If we prepare for climate change by building a clean-power economy, but climate change turns out to be a hoax, what would be the result? Well, during a transition period, we would have higher energy prices. But gradually we would be driving battery-powered electric cars and powering more and more of our homes and factories with wind, solar, nuclear and second-generation biofuels. We would be much less dependent on oil dictators who have drawn a bull’s-eye on our backs; our trade deficit would improve; the dollar would strengthen; and the air we breathe would be cleaner. In short, as a country, we would be stronger, more innovative and more energy independent.

But if we don’t prepare, and climate change turns out to be real, life on this planet could become a living hell.

Climate Change Host Denmark Proposes Ambitious Targets

Reuters reported today that Denmark, the host country for the upcoming climate change summit in Copenhagen, is proposing that global greenhouse gas emissions should be cut by 50 percent below 1990 levels by 2050. A draft of the text states that to meet the 2050 target, industrialized nations will have to slash emissions by 80 percent over the next 40 years.

Danish Prime Minister Rasmussen stated that he hopes the 192 nations attended the climate summit will approve a five-to-eight page "politically binding" agreement that spells out emissions reduction commitments for each nations.

US President Obama will have the opportunity to speak at the conference where he will announce his country's climate change commitments: reducing carbon dioxide emissions by 17 percent below 2005 levels by 2020 and by 83 percent by 2050. Developing countries have criticized these targets as too low, particularly since the baseline is 2005, rather than 1990.

China has stated it will reduce its "carbon intensity" --emissions per unit of GDP --by 40 to 45 percent below 2005 levels by 2020. But even with these cuts, China's overall emissions are projected to double by 2030 given its accelerating growth.

Are Quebec's Climate Change Targets Ambitious? Est-ce que les cibles Québécois sur les changements climatiques ambitieux?

Now that the dust has settled after Jean Charest's fiery speech at CORIM (see blogpost dated 23 November) where he announced that Quebec will reduce its greenhouse gas (GHG) emissions by 20% between now and 2020, many are asking whether this target was the easy way out. After all, Quebec is "blessed" with abundant hydroelectric power and therefore a target of -20% reduction is not such a big effort. As well, the Kyoto targets which calls for a 6% GHG emissions reduction between 2008 and 2012 (1990 baseline) has not been achieved in Quebec (except as projected for 2012). Some achievement.

The problem is that many people living in urban centres, where the majority of the population resides, do not visually see or feel the impact that climate change is having on their daily lives. But the reality is that record floods, record fires, loss of evergreen forests in Western United States, people living in low-lying countries/regions, such as in Bangladesh who are already moving more inland, and pine beetle impacts due to the warmer climate in Western Canada which is devastating forest cover, are real examples which demonstrate that a threat to the future of civilization is already occurring. How can the population at large be forced to change their behaviour which is to reduce their consumption of fossil fuel? Do cities and municipalities have a large-scale plan to tap into geothermal energy and build smart grids which would truly drive sustainability? It is important to change the light bulbs but what is much more important is to change the laws and policies which, compared to other Western industrialized countries have gone way further than where Quebec stands at this point (Sweden -40%; Norway -30%; United Kingdom -34%; Japan -25%; Germany -25%). The key players at the summit have also agreed to arrive with targets and timetables.

Over the last few years, several countries have witnessed the emergence of innovative new business groupings to offer support for a progressive public policy agenda on climate change. These include the Corporate Leaders Group in the UK and EU, the US Climate Action Partnership (US CAP) and Business for Innovative Climate and Energy Policy (BICEP) in the US, Empresas pelo Clima (EPC) in Brazil and Climate Change Business Forum (CCBF) in Hong Kong. The debate that will undoubtedly emerge in the next few weeks is what the public policy priorities should be, post-Copenhagen, to speed delivery of the low-carbon economy. In Quebec, the it appears that the business community, led by the CPEQ, was misquoted in Le Devoir (see 23 November blogpost) as they do not endorse any targets for Quebec. The Quebec Minister of the Environment, Line Beauchamp, endorsed Quebec's position in Poznan last year, as supporting a global target based on scientific consensus which demands that the international community control a temperature rise by 2 degrees Celsius and therefore supports a global target of -25% (IPCC). So it begs the question: how did Quebec come up with its -20% target? Based on what? What would happen if the target were -40%? Is the CPEQ showing sufficient leadership? Any leads to solving these mystery questions is requested!

From an investment perspective, climate change may also present opportunities. Investors are starting to look more closely at companies in order to ensure that they have clear strategies for responding to climate change and reporting on risk assessment processes. Investors are also playing a much more proactive role in public policy debates on adaptation to the effects of climate change, highlighting a need to develop long-term policies which enable companies to plan and invest appropriately.

It is expected that many world leaders will be attending the Copenhagen summit to negotiate a new deal. So what needs to happen for success? Expectations have been scaled down, not surprising, due to the challenging situation, feet-dragging and inertia. A likely scenario is that near-term reductions and simultaneous instructions to country negotiators to complete a new deal will be handed out in Copenhagen for final completion at the next meeting which will take place in Germany in March 2010.

News has it that Obama will attend the summit and that he will further put a reduction number on the table. And both India and China have recently accepted to commit to binding targets.

Back on the farm, Canada continues to not take this issue seriously and, as a result, it affects our country enormously. The Canadian government has been so focused on the economy that it has practically shunned the environment debate. It doesn't hurt to remind our federal leaders that Kyoto is an international law that is binding on all signatory countries, including Canada. But the federal government continues to believe that efforts to reduce GHG emissions will destroy the economy. It is many years since Sweden has implemented its carbon tax and their economy is thriving. And they stand at 8% below 1990 levels!

Under international and US pressure, Prime Minister Harper has agreed last week to attend the Summit. PM Harper needs to provide moral leadership. This is what distinguishes Canada from a host of other countries. What is at stake is not just our global reputation (let alone our national symbol, the red maple leaf) but also our economic prosperity (France has indicated that it will penalize Canadian products due to carbon dumping). We have brought the Montreal Protocol and UN Peacekeeping to the international fora. The trade-off between short term profits (i.e.: the tar sands) and the risk factors to a dire crisis is not a suitable trade-off. In Al Gore's new book, Our Choice: A Plan to Solve the Climate Crisis, he noted that gas derived from tar sands gives the Toyota Prius the environmental footprint of a Hummer. And the risks to Canada's North has already begun (see Globe and Mail, 28 Nov 2009, A10).

We need to deal with this problem now as the consequences, as predicted by all the top scientists, will be dire. If we fail, the problem will be handed over to the next generation to solve.

Let's start by tackling the root case: our excessive use of fossil fuel. We have the opportunity to embark on a truly sustainable path and personally, I believe in human ingenuity and resilience. How will you act?

Radio Interview on Sustainability Issues

I was interviewed today by Chris "Zeke" Hand on CKUT 90.3 FM radio in Montreal on a couple of sustainability issues. To hear the broadcast, click on the player below or download one of the links.

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Quebec and Greenhouse Gas Emissions reduction target/ Québec et la réduction des émissions de Gaz à effet de serre

On Saturday 21 November, Louis-Gilles Francoeur published in Le Devoir an article where he stated that the CPEQ (Quebec Environment Chamber of Commerce) and the NGO Equitere propose a GHG emissions reduction target of 25% compared to 1990 levels. This proposal took the form of a joint letter signed by the CPEQ and Equiterre and, according to the journalist, further endorsed by Quebec's Environment Minister Line Beauchamp. This position is forward-looking and ambitious.

As I am writing this blogpost, Quebec's Premier Jean Charest, is speaking at a luncheon at CORIM where he will officially announce Quebec's GHG emissions reduction targets. You can bet that the Harper Conservatives are watching closely!

Climate Change and Canadian Mining: Opportunities for Adaptation

Tristan Pearce from the University of Guelph provided the EIA Concordia students a formidable opportunity to discuss how climate change is impacting Canada's north: impacts on communities (food shortages), impacts landscape (i.e.: loss of ice roads), and impacts on mining activities (i.e.: increased storm activities) through the report published for the David Suzuki Foundation.

The report highlighted many important issues but I was struck by the fact the perception gap that exists within many Canadian mining companies: only 25% of senior executives and management viewed climate change as a problem in contrast, 100% of day-to-day workers in those same companies perceived climate change as a threat. If you are obviously sitting in a Toronto corporate office and have very little contact with operating facilities (apart from the occasional site visit), then you do not readily "see" the changes which are occurring.

Should the Canadian mining industry ramp-up its efforts to better adapt to climate change? If so, what should some of those methods be? (i.e.: alternative routes?).

Thanks once again to Tristan Pearce, Maude Beaumier and James Ford for this great presentation and stunning visuals!

Canadian Securities Administrators scrap changes to corporate governance rules

While the most sustainable companies are fast-moving forward and implementing indexes and benchmarks as regards ethical sourcing (see Walmart example), KPIs and are using this period of economic downturn to sharpen and strengthen their governance frameworks, Canadian securities regulators have placed governance issues on the back-burner. The Globe and Mail recently reported that "regulators agree with corporations which say they are currently too busy dealing with the financial crisis". Who are those corporations? Corporate governance oversight is urgently needed in Canada! Now is the time to act.

Climate Change Radio Interview

I was interviewed, along with environmental journalist Felix Von Geyser, on Mark Brooks' show Off the Hour, CKUT 90.3 FM in Montreal on the topic of climate change.

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Environmental Impact and Business Sustainability

I teach a course at Concordia University entitled Environmental Impact Assessment (EIA). EIA is a planning process used throughout the world to ensure that the environmental impacts of proposals are identified, predicted, mitigated and evaluated, and that this evaluation influences the final decision(s) concerning proposals and proposed development in such a way as to represent the interests of the stakeholders involved.

On November 3rd, Claude Perras, Director Sustainable Development and Community Relations from Rio Tinto, was the class' featured guest speaker on the topic of "Interactions with Communities before a Project". Claude outlined how Rio Tinto engages in mutually-beneficial partnerships in order to fulfil community priorities and Rio Tinto's strategic objectives, and to ensure long-term sustainability of the business and the community. He outlined how Rio Tinto works in order to obtain a social license to operate. Claude's presentation was quite innovative as he aptly demonstrated how there has been a paradigm shift within the company (and in many other forward thinking companies) whereby a new business model has been created. This model has shifted from value protection to value creation, it builds alliances between the business and the NGO sectors, and the project teams are now thinking long-term about their impacts on the community, and legacy issues.

When some of the students raised questions and issues regarding corruption and methods of doing business in those countries who do not have a full democratic regime, Claude responded that Rio Tinto is a signatory of the UN Global Compact.

A question was raised by a professor from Concordia where he asked "how can Rio Tinto call itself a sustainable company if it is in the business of extracting non-renewable natural resources?" A company such as Rio Tinto has the resources and willingness to be sustainable. Unlike some other mining companies (i.e.: PDAC members), Rio Tinto recognizes the full benefits of conducting business in a socially responsible manner. Any further comments as to why Rio Tinto recognizes those benefits would be appreciated.

Next week, one of the authors of the report entitled "Climate Change and Canadian Mining: Opportunities for Adaptation", published by the David Suzuki Foundation, will be speaking to the same EIA class. More to follow...

Climate Change Nuisance Claims

In late September 2009, the Second Circuit Court of Appeals ruled that U.S. federal courts can decide common law actions that allege private emitters of greenhouse gases (GHGs) are liable for creating a public nuisance. This landmark decision, State of Connecticut v. American Electric Power Company Inc., overturns an earlier 2005 judgment, which had dismissed the case on the grounds that it presented a non- justiciable political question – in other words, a question that politicians rather than the courts should decide. This decision suggests a greater willingness by a least one U.S. court to consider common law climate change claims and could therefore result in an increase of public nuisance claims against large emitters of GHGs.

The public nuisance action was brought by two groups of plaintiffs: eight U.S. states and the City of New York (the States) and three land trusts (the Trusts), against six electric power companies that own and operate fossil-fired plants in 20 U.S. states (the Defendants). At the time the action was filed, the Defendants were responsible for approximately 25% of the U.S. power sector’s carbon dioxide (CO2) emissions and 10% of all annual CO2 emissions from human activities in the U.S. To mitigate this impact, the action seeks to hold Defendants jointly and severally liable for creating, contributing to or maintaining the alleged public nuisance of climate change. The State plaintiffs seeks action from each Defendant to abate the nuisance by having them cap their CO2 emissions and then by reducing these emissions by a specified percentage each year for a minimum of 10 years.

Although plaintiffs will be challenged to prove that the emitting companies caused the alleged public nuisance, it nonetheless further opens the floodgates within the sphere of climate change and liability.

In Canada, a court recently found that the system of parliamentary accountability established by the federal Kyoto Protocol Implementation Act, which requires that the Minister of the Environment prepare and implement an annual Climate Change Plan, was not open to judicial review.

It ain't over 'til the fat lady sings.