Today, three environmental groups informed the Fish and Wildlife Service (FWS) of their intent to sue the agency regarding the listing of the polar bear as an endangered or threatened species.

The Center for Biological Diversity, Greenpeace and the Natural Resources Defense Council had petitioned the government in February 2005 to give polar bears protection under the Endangered Species Act (ESA). After not receiving a response, the petitioners sued in federal court in December 2005. Center for Biological Diversity v. Norton (N.D. Cal).

On July 5, 2006, the parties agreed to a negotiated settlement under which FWS would publish a finding by December 27, 2006. On January 9, 2007, after missing the initial deadline, FWS issued a proposed rule to extend “threatened” status to polar bears, which would mark the first time a mammal was found to be at risk because of global warming. FWS had one year from that date to make a final determination. Read the rest of this entry »

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Could global efforts to limit greenhouse gas emissions set off a serious international trade dispute due to competitiveness concerns and unequal compliance costs?

In a commentary published today at Forbes.com, Akin Gump Senior Advisor Greg Mastel analyzes how global climate policies, including the proposed Lieberman-Warner bill, could affect free trade.

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The UN Climate Change Convention Bali, Indonesia, launched “a new negotiation process, designed to tackle climate change,” with the aim of reaching consensus on a successor climate change agreement by the end of 2009.

The timetables set forth in the Bali Action Plan and in related documents call for two major actions in the first quarter of 2008: (1) Parties may provide comments on the work program of the Bali Action Plan by February 22 and (2) “Parties and relevant organizations” may submit comments to support a comprehensive review of the Kyoto Protocol by March 7.

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For years, California ports have provided substantial benefits to the local, regional, and national economy. These benefits have not come without costs. The ships, trucks, trains, and other diesel-powered equipment at these ports are major sources of air pollution, including greenhouse gas emissions. To limit these emissions and the associated health risks, several multi-billion dollar plans have emerged to “clean up” the ports.

At the local level, the Ports of Los Angeles and Long Beach, which taken together move more than $260 billion a year in trade, have developed an aggressive strategy to significantly reduce air pollution from port-related sources. Pursuant to the Clean Air Action Plan, the Ports propose to eliminate “dirty” diesel trucks from their cargo terminals within five years by helping to finance a new generation of clean or retrofitted vehicles.

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As companies prepare their 2007 10K filings to the U.S. Securities and Exchange Commission (SEC), issues surrounding disclosure of the risks and opportunities presented by climate change loom like an iceberg awaiting the passing of the Titanic. Despite numerous appeals from a variety of sources, the SEC has yet to issue interpretive guidance describing how companies should disclose climate change impacts.

Institutional investors, groups such as Ceres, and traditional environmental groups are demanding that public companies identify and quantify the impacts of climate change on their business. As recently as two years ago, shareholder resolutions relating to climate change were rare and generally considered “nuisance” resolutions. No more. Such resolutions abound and must be treated seriously.

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California filed a Petition for Review today that asked the 9th Circuit Court of Appeals to overturn the EPA’s denial of California’s petition for a waiver under Section 209(b) of the Clean Air Act.  Because the EPA has not released a formal written order denying the petition, California’s initial filing does not articulate specific arguments as to why the EPA’s decision was in error.

California has been joined in the suit by at least 15 other states and several environmental groups.

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