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Author: David V Wright Page 4 of 6

M.A. (Dalhousie), J.D. (Dalhousie), LL.M. (Stanford).
Associate Professor.
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Preliminary Reflections on COP26 and the Glasgow Climate Pact, Part 1

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On November 16, 2021

In Climate Change, Energy, Environmental

By: David V. Wright

PDF Version: Preliminary Reflections on COP26 and the Glasgow Climate Pact, Part 1

Matter Commented On: COP26 (Twenty-sixth Conference of the Parties to the United Nations Framework Convention on Climate Change) and the Glasgow Climate Pact (Decision -/CMA.3)

This is the first of two posts that discuss several notable developments from COP26, some of which took place within the formal negotiations process (e.g. market mechanism rules, financial assistance), and some of which took place in parallel (e.g. Global Methane Pledge, US-China bilateral announcement). This post is focused on the latter parallel developments, which primarily emerged in the first week of the conference. My next post will focus on the former, which largely materialized in the second week.

Overall, the stakes were particularly high at this COP because the parties needed to reach an agreement on final elements of the rulebook containing details of how the Paris Agreement would be implemented, many parts of which will be the most important and consequential as implementation unfolds in years to come. Additionally, a number of long-standing issues remain unresolved, including with respect to long-term financial assistance for the most vulnerable countries to reduce emissions and respond to the impacts of climate change. Overall, COP26 was a key juncture for ensuring that party commitments would add up to keeping within reach the overarching goal of keeping global mean temperature rise to below 1.5 degrees. It was these high stakes that led some to characterize this COP as “now or never” and a “last-chance saloon” scenario.

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An Important Number You’ve Likely Heard About: Recent Social Cost of Carbon Developments in the United States and Canada

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On February 19, 2021

In Environmental

By: David V Wright

 PDF Version: An Important Number You’ve Likely Heard About: Recent Social Cost of Carbon Developments in the United States and Canada

Matter Commented On: Biden Administration Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis”

More than ten years ago, American economist Frank Ackerman called the social cost of carbon (SCC) “the most important number you’ve never heard of.” Times have changed. Today, the SCC figures prominently in climate policy discussions and analyses, and recent developments in Canada and the US are sure to reach any late adopters out there. That’s because the social cost of carbon (SCC) is a cornerstone in the Biden Administration’s ambitious climate action, and this comes at a time when Canada is showing a rejuvenated commitment to this important tool.

In this post, I present and comment on recent SCC developments at the federal levels in the US and Canada. There has been a flurry of climate law and policy activity on both sides of the border in recent weeks and months; this post helps make sense of it by focusing on the SCC specifically. In particular, I comment on Canada’s new federal climate change plan, the proposed Clean Fuel Standard regulations, and the all-important direction set out in President Biden’s executive order on climate change. I also touch on Canada’s new proposed climate change accountability regime, tabled as Bill C-12; the new federal impact assessment regime; and the federal carbon pricing regime. Overall, the Canadian federal government has taken significant steps on addressing climate change in recent years, though much critically important work remains to implement new law and policy levers in service of emissions reductions and decarbonization. My comments here really only scratch the surface of all that is going on in the climate and energy policy space these days. For more on many other topics, including interesting developments in Alberta (think coal, Allen inquiry, orphaned wells, clean tech) check out posts by my colleagues such as those here, here, here, here and here.

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Bill C-12, Canadian Net-Zero Emissions Accountability Act: A Preliminary Review

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On November 23, 2020

In Climate Change, Environmental

By: David V. Wright

 PDF Version: Bill C-12, Canadian Net-Zero Emissions Accountability Act: A Preliminary Review

Matter Commented On: Bill C-12, Canadian Net-Zero Emissions Accountability Act, 2nd Sess, 43rd Parl, 2020 (first reading 19 November 2020)

Just a few days ago, the federal government tabled Bill C-12, Canadian Net-Zero Emissions Accountability Act. This post provides a brief overview and preliminary reflections on the proposed law. Overall, the bill represents a significant milestone in Canadian climate policy, a realm that has been plagued by decades of setting-then-missing emission reduction targets. No previous federal government has so explicitly committed to a long-term emissions reduction pathway and milestones, let alone one with numerous accountability and transparency mechanisms. However, for reasons I discuss below, despite being characterized by the government as “binding”, the proposed law features a number of weaknesses and limitations. Further, while tabling this bill is a commendable step (especially if it becomes law), and is the result of many years of hard work and input from environmental organizations, it leaves difficult, long-standing conversations unaddressed.

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Revisions to the two-month-old Impact Assessment Act Climate Change Guidance… Already?

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On October 21, 2020

In Climate Change, Environmental

By: David V. Wright

PDF Version: Revisions to the two-month-old Impact Assessment Act Climate Change Guidance… Already?

Document Commented On: Impact Assessment Act, SC 2019, c 28 s 1; Environment and Climate Change Canada, Updated Strategic Assessment on Climate Change (Gatineau: ECCC, 2020)

Earlier this month, just two months after releasing the final Strategic Assessment on Climate Change (SACC), which is the principal guidance document for implementing the Impact Assessment Act (IAA) climate change provisions, Environment and Climate Change Canada (ECCC) has issued an update. The reason behind this timing is unclear, particularly given that the explicitly stated term for review and update of the guidance is every five years (at 1.1). In any event, the update includes changes on three points, two of which introduce substantial shifts. This short post summarizes and comments on the changes, building on previous SACC posts here, here, and here.

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Final Strategic Assessment on Climate Change: Zero Net Effect?

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On August 10, 2020

In Climate Change, Environmental

By: David V. Wright

PDF Version: Final Strategic Assessment on Climate Change: Zero Net Effect?

Document Commented On: Environment and Climate Change Canada, Final Strategic Assessment of Climate Change (Gatineau: ECCC, 2020)

The federal government recently released the final version of its Strategic Assessment of Climate Change (SACC). This represents a potentially important step in the implementation of the new federal Impact Assessment Act, SC 2019, c 28, s 1 (IAA or the Act). This post builds on my previous posts (here and here) by setting out key differences between the final and draft SACC and providing associated commentary. Overall, the final SACC does take steps in the right direction in several ways, such as integrating the new 2050 net-zero emissions commitment throughout all phases of the assessment. However, as further discussed below, there are several features that are problematic or ambiguous, particularly the persisting lack of detail regarding how the Impact Assessment Agency of Canada (IACC or the Agency) will assess project-specific emissions information against Canada’s climate change commitments and how such an assessment will inform final decisions under the new Act. Further, the entire SACC initiative represents a relatively narrow approach to using the new federal impact assessment (IA) regime as a tool for achieving Canada’s climate change commitments. Ultimately, it is unclear whether the path the SACC sets for implementation of the new IAA regime’s climate change requirements will have any net effect on Canada achieving its commitments in respect of climate change.

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