ISO-NE 2022 generation portfolio emissions report

New England's electric power generation fleet emitting slightly less carbon dioxide in 2022 relative to 2021, according to the grid operator's 2022 ISO New England Electric Generator Air Emissions Report.

ISO New England operates the regional transmission grid and the wholesale market for electricity. In support of this role, ISO-NE tracks the portfolio of generation resources used in the region, as well as the resources' emission characteristics.

According to ISO-NE, New England generation emitted 33,382 kilotons of carbon dioxide in 2022, a decline of two-tenths of a percent relative to 2021. The grid operator reports an average 2022 emission rate of 643 pounds of CO2 per megawatt-hour of New England generation. 

Over longer time scales, air emissions from New England's power plants have decreased significantly. "From 2001 through 2022, CO2 emissions fell by 37%, NOx emissions fell by 79%, and SO2 emissions fell by 98%."

While carbon dioxide emissions decreased slightly again this year, sulfur dioxide (SO2) emissions increased to 3.38 kilotons, climbing over 60 percent relative to 2021. The grid operator attributes the sulfur emissions to increased reliance on fuel oil for electric generation:

More electricity came from oil-fired generators in 2022 than in the previous four years combined. At 1,845 GWh, production from these resources in 2022 was eight times higher than in 2021. Oil has a high sulfur content, so SO2 emissions rise when these resources produce more power.

The chart below shows the region's generation portfolio on a monthly basis for 2022; the red and black bars at the top of each month's column represent oil and coal use. The largest blue bars represent natural gas, while the largest orange bars represent nuclear power.

ISO-NE attributes increased use of oil for power generation to "record high natural gas prices associated with the Russia-Ukraine conflict, and thus an increase in regional reliance on oil versus natural gas." The grid operator also says that decreases in coal generation largely offset the increased oil use for purposes of CO2 and NOX emissions.

Maine Climate Change Council legislation unveiled

Maine Governor Janet Mills has introduced proposed legislation to create a Maine Climate Change Council. While the bill had not been formally printed by the legislature's Office of the Revisor of Statutes as of May 1, the Governor's office posted a copy of the bill captioned, LR2478, An Act to Create the Maine Climate Council to Assist Maine to Mitigate, Prepare for and Adapt to Climate Change.

The draft bill includes a variety of provisions designed to advance clean energy goals:

• It includes language requiring the inclusion of more renewable resources in the state's electricity supply -- 80 percent by 2030, and 100 percent by 2050. (Current law requires 40 percent of electricity sold at retail to come from renewable resources. According to the U.S. Energy Information Administration, in 2017, about three-quarters of Maine's net electricity generation came from renewable energy resources, with 30% from hydroelectricity, 26% from wood and other biomass, and 20% from wind.)
• It repeals the existing law setting Maine's goals for reduction of greenhouse gases (which currently calls for a reduction to 1990 levels by 2010, to 10 percent below 1990 levels by 2020, and in the long term "reduction sufficient to eliminate any dangerous threat to the climate. According to the most recent report of the Maine Department of Environmental Protection, in 2015 Maine's greenhouse gas emissions were 11.7 percent below 1990 levels.) It replaces this section with a new section, requiring reduction to 45 percent below 1990 levels by 2030, and 80 percent below 1990 levels by 2050. The bill requires the Department of Environmental Protection to adopt rules to ensure compliance with these new levels.
• It creates the Maine Climate Change Council to advise the Governor and Legislature on ways to mitigate the causes of, prepare for and adapt to the consequences of climate change. The council would be composed of up to about 40 people filling specific roles prescribed in the legislation such as business, youth, and science. The structure would include a scientific and technical subcommittee, plus working groups on transportation, coastal and marine issues, buildings, infrastructure and housing, working lands and ecosystems, and energy topics.
• It requires the Maine Climate Change Council to update the state climate action plan by December 2020, with further updates to the plan every 4 years thereafter. (The Maine Department of Environmental Protection released the current version of the climate action plan in 2004.) The bill also requires the council to report on progress toward implementing the climate action plan by December 2022, and every 2 years thereafter.

In a statement, Governor Mills said that the bill represents a step in combating the threat of climate change by "expanding our clean energy economy, and investing in our future by creating the Maine Climate Council and marshaling experts across the state to take urgent action." The bill's lead sponsor, Senator David Woodsome, is a Republican co-chair of the legislature's energy committee. Procedurally, next steps include the formal printing of the bill by the Revisor, followed by its reference to legislative committee for a public hearing to be scheduled in the coming weeks.

Holyoke utility imposes moratorium on new gas service, citing pipeline constraints

The municipal utility serving the town that hosts the headquarters for the operator of the regional electric grid has informed its customers that the utility “is unable to accommodate new natural gas service requests due to the lack of natural gas availability in the region.” Holyoke Gas & Electric adds, “Recent proposals that would increase natural gas capacity in the region have been met with opposition, and the current pipeline constraints are causing significant adverse environmental and economic impacts on the region's ratepayers."

Holyoke Gas & Electric is a consumer-owned municipal utility established in 1902 through the purchase of a gas and electric plant from the Holyoke Water Power Company. According to the utility, the town saw ownership of a municipal utility "as a way to stabilize rates and keep local control over their energy services." As a municipal utility, Holyoke Gas & Electric is operated as a not-for-profit concern, and is owned by the community it serves. The utility cites public power advantages from this structure including operating in the local public interest, with local control over rates and services, local ownership, and reliance on local employees. In 1999, the utility acquired the Holyoke Dam, the city's canal system, and the remainder of the Holyoke Water Power Company's assets. The utility touts its ability to produce over 65% of its electricity needs from these renewable hydropower resources and cites "some of the lowest utility rates in New England."

Holyoke's Gas Division provides natural gas service through about 9,900 meters in Holyoke and Southampton. But on January 28, 2019, the utility gave its customers notice that it had placed a moratorium on most new natural gas service installations. According to that notice, the utility's natural gas customers are served by an interstate pipeline "which has become severely constrained due to a dramatic increase in demand over the last two decades," with "no corresponding increase in pipeline capacity to deliver additional supply to the region." As a result of significant growth in demand for natural gas by Holyoke's customers, HG&E said it is "forced to impose a moratorium on new natural gas connections until the capacity issue is addressed."

The utility further explained, "While inexpensive natural gas has never been more plentiful in the United States, there is insufficient pipeline capacity in our region to deliver additional load. Recent proposals that would increase natural gas capacity in the region have been met with opposition, and the current pipeline constraints are causing significant adverse environmental and economic impacts on the region's ratepayers." In its notice, the utility noted that due to the lack of natural gas during peak demand periods, "more electric generators are forced to switch to oil, while coal generators are called upon to operate, causing significant spikes in greenhouse gas emissions." Regional electric grid operator ISO New England, which is headquartered in Holyoke, reported that during a 15-day cold spell in January 2018, over two million barrels of oil were burned to generate electricity due to the lack of natural gas, more than the total amount of oil burned in 2017.

Beyond increased emissions, the utility also used ISO-NE data to show how "the lack of natural gas has a significant impact on energy costs throughout New England." Citing data from ISO-NE, the utility observed that during the two-week period from December 26, 2017 to January 8, 2018, electricity prices experienced an "approximately $700 million increase in energy costs for New England ratepayers compared to the prior year."

Holyoke Gas & Electric says it is working with gas utility Columbia Gas of Massachusetts to explore a solution involving system upgrades in other communities to "address local capacity issues, which will help reduce regional carbon emissions, improve reliability, and support local economic development." In the meantime, HG&E says its moratorium on new natural gas connections will remain in place "until the capacity issue is addressed."

$11.5 trillion investors' group calls for European utilities to end coal use by 2030

A group of 95 investors organized as the “Institutional Investors Group on Climate Change” has issued an open letter to European power companies on December 19, 2018, asking firms to demonstrate they are implementing business strategies aligned with the goals of the Paris Agreement.

The investors participating in the Institutional Investors Group on Climate Change collectively have $11.5 trillion in assets under management or advise; 20 of the 95 signatories each have over $200 billion in assets under management, including Aberdeen Standard Investments, BNP Paribas Asset Management, DWS, Legal and General Investment Management, Nordea Group and M&G. Other signatories include the California Public Employees' Retirement System, California State Teachers' Retirement System, New York City Comptroller’s Office, and New York State Common Retirement Fund.

Citing the United Nations IPCC Special Report on Global Warming of 1.5 °C issued on October 8, 2018, the investors cite the risks to global markets and investments from 2 °C or higher temperature rises as “potentially catastrophic.” The IPCC report found that a number of climate change impacts could be avoided by limiting global warming to 1.5 °C compared to 2 °C or more. But the report also noted that limiting global warming to 1.5 °C would require “rapid and far-reaching” transitions in land, energy, industry, buildings, transport, and cities. In particular, the IPCC report concluded that to limit warming to 1.5 °C would require net global human-caused emissions of carbon dioxide to fall by about 45 percent from 2010 levels by 2030, reaching "net zero" around 2050. 

The group demands that power generators, grid operators and distributors “plan for their future in a net-zero carbon economy.” Specifically, they request companies to publish transition plans consistent with the goal of the Paris Agreement; develop explicit timelines and commitments for the rapid elimination of coal use by utilities in EU and OECD countries by no later than 2030; and support the development of “ambitious climate policy aligned with the Paris Agreement” directly and through their trade associations.

ISO-NE 2018 Regional Electricity Outlook

Regional electricity grid operator ISO New England, Inc. has released its 2018 Regional Electricity Outlook. According to the report, "the biggest challenge to the reliability of the grid is the lack of fuel infrastructure to supply the fleet of natural-gas-fired generators, further emission restrictions on oil-fired generation, and the reality that older oil and nuclear generators are becoming less economically competitive and may retire before the region has added sufficient new energy sources to replace them."

The report cites competitive forces has having "unleashed new approaches for producing electricity in a cleaner way and integrating technology that enables different types of resources to participate in the wholesale markets." It notes new resource types entering the wholesale market, including demand resources, and fast-responding energy storage devices.

With respect to energy supply, the 2018 outlook notes that the amount of wind and solar power in New England continues to grow "and is making a difference in how the ISO operates the power system and designs the wholesale markets." In 2017, the amount of new wind power seeking interconnection in New England surpassed proposed new natural-gas-fired generation for the first time, including significant amounts in Maine and offshore of Massachusetts.

On the demand side, it notes that significant investments in solar resources and energy-efficiency measures have moderated demand for wholesale electricity, but that electrifying the transportation and heating sectors to reduce their carbon emissions could lead to increased demand.

ISO-NE has previously identified the risk that power plants will run out of fuel as the foremost challenge to a reliable power grid in New England. Last month, ISO-NE released an operational fuel security study analyzing fuel security risks facing region's power plants under a wide range of hypothetical future scenarios. That report concluded that maintaining the electric grid's reliability "is likely to become more challenging, especially if current power system trends continue."

The 2018 Regional Electricity Outlook notes that while ISO-NE plays a role in addressing regional fuel-delivery constraints, "it will be up to market participants and state officials to take actions to secure forward fuel arrangements or bolster supply- or demand-side infrastructure." The report identifies potentially appropriate investments as including "enhancements to natural gas infrastructure or the supply chains for liquefied natural gas and oil; relaxation of rules to allow easier permitting and operation of dual-fuel resources; investments in even more renewable energy and any transmission needed to deliver it; or further measures to significantly reduce demand on the power system or the gas system," or some combination of these.

While reliability is core to the grid operator's priorities, the report acknowledges that New England's policymakers, businesses and citizens also value economic and environmental goals. The report specifically highlighted what it called "the reliability, economic, and environmental consequences of our situation: that regional action to resolve fuel-security risks will involve costly infrastructure investments and perhaps the retention of certain critical energy resources, but inaction will also come with a bill for high energy prices when energy supply is constrained—as well as the potential for greater risks to power system reliability and higher emissions."

Carbon capture and sequestration for enhanced oil recovery

A project to capture carbon dioxide emissions from a coal-fired power plant in Texas has captured more than 1 million tons of carbon dioxide for use in enhanced oil recovery, according to the U.S. Department of Energy.

Historically, carbon dioxide resulting from the combustion of coal and other fossil fuels has been emitted directly into the atmosphere, but global concern over climate change has led to efforts to limit carbon emissions to the atmosphere.  While many of these programs focus on reducing reliance on combustible fuels, carbon capture and sequestration technologies offer the potential to remove carbon dioxide from thermal plants' flue gas before it is emitted from their smokestacks.  The U.S. Department of Energy runs programs designed to support the development and commercial deployment of these technologies.

The Petra Nova project uses an amine solvent-based CO2-capture technology to remove carbon dioxide from the flue gas of NRG's coal-fired W.A. Parish power plant.  It is a 50/50 joint venture between NRG and JX Nippon Oil & Gas Exploration.  NRG describes Petra Nova as "the world's largest post-combustion carbon capture facility installed on an existing coal-fueled power plant."  The Department of Energy selected Petra Nova to receive $190 million as part of the Clean Coal Power Initiative Program.

The project uses a carbon capture process which was jointly developed by Mitsubishi Heavy Industries, Ltd. and the Kansai Electric Power Co.  It was designed to capture about 90 percent of the CO2 from a 240 MW slipstream of flue gas, compressing and transporting approximately 1.4 million metric tons of CO2 per year through an 80 mile pipeline to Hilcorp's operating West Ranch oil field where it is utilized for enhanced oil recovery (EOR) -- injecting the CO2 underground to help additional oil flow to a production wellbore.  According to the Department of Energy, the use of this CO2 for enhanced oil recovery has boosted the West Ranch Oil Field's oil production from 300 barrels per day to about 4,000 barrels per day.

Petra Nova began commercial operations on January 10, 2017. According to an October 23 press release, Petra Nova has now captured more than 1 million tons of CO2 for use in enhanced oil recovery. Secretary of Energy Rick Perry has said that Petra Nova's success "could become the model for future coal-fired power generation facilities," which could support CO2 pipeline infrastructure development and drive domestic enhanced oil recovery opportunities.

California considers transportation electrification

California utility regulators are considering proposals by electric utilities to electrify the transportation sector.  If the three largest electrical corporations' proposals are approved by the California Public Utilities Commission, it could represent an investment of about $1 billion in transportation electrification in California over about 5 years.

The transportation sector is a major consumer of energy and emitter of carbon dioxide.  In California, the transportation sector accounts for 37 percent of statewide greenhouse gas emissions.  Electrifying transportation -- converting vehicles and trips from direct consumption of fossil fuels to EVs or electric vehicles -- can reduce emissions, particularly where the electricity supply is sourced from renewable or low-carbon resources.

To address energy and climate matters, in 2015 the California legislature enacted Senate Bill 350, the Clean Energy and Pollution Reduction Act.  SB 350 codified Governor Edmund G. Brown Jr.'s clean energy and climate change goals, establishing a statewide 2030 greenhouse gas reduction target of 40 percent below 1990 level.  SB 350 calls for pursuing those goals through a variety of measures, including the promotion of "widespread transportation electrification," defined as "the use of electricity from external sources of electrical power, including the electrical grid, for all or part of vehicles, vessels, trains, boats, or other equipment that are mobile sources of air pollution and greenhouse gases and the related programs and charging and propulsion infrastructure investments to enable and encourage this use of electricity." 

The legislation requires the California Public Utilities Commission to direct electrical corporations to file applications for programs and investments to accelerate widespread transportation electrification.  That process is now underway.  On September 14, 2016, the Commission issued an order directing the state's three major investor-owned utilities to prepare and file applications describing their proposed transportation electrification projects and programs.

On January 20, 2017, the three utilities -- Pacific Gas and Electric Company (PG&E), SouthernCalifornia Edison (SCE), and San Diego Gas & Electric (SDG&E) -- filed their applications.  As summarized by the Commission, PG&E, SCE, and SDG&E submitted proposals to invest $1 billion in transportation electrification over an approximate five year period.  Onroad medium and heavy-duty charging infrastructure proposed by SCE accounts for roughly half of this total; residential charging infrastructure proposed by SDG&E and "FleetReady Make Ready Infrastructure" proposed by PG&E round out the largest-ticket items.  Other projects include electrification of cranes and forklifts at ports, terminal yards, and airports.

The cases remain pending before the Commission, with evidentiary hearings held earlier this month.  Other cases before the Commission address proposals by three smaller utilities.

RGGI states propose tighter carbon budget

The nine states participating in the Regional Greenhouse Gas Initiative have announced consensus on proposed revisions to that program that would provide a further 30% reduction in the regional limit on emissions by 2030, relative to 2020 levels.  The proposed regional program changes are now available for stakeholder comment, after which each participating state will follow its own specific statutory and regulatory processes to propose updates to their own carbon dioxide budget trading programs.

Nine Northeast and Mid-Atlantic states -- Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont -- currently participate in RGGI, the first mandatory market-based regulatory program in the U.S. to reduce greenhouse gas emissions.  RGGI is composed of individual CO2 budget trading programs in each state, based on each state’s independent legal authority.  The program imposes an annual aggregate cap on greenhouse emissions from covered sources like fossil-fueled power plants in participating states.  For 2017, the cap is 84.3 million short tons (62.5 million short tons adjusted for banked allowances); it declines 2.5 percent each year until 2020.  Since 2008, participating states have reduced power sector carbon emissions by nearly 50 percent, while generating more than $2.7 billion in allowance auction proceeds for reinvestment in programs to benefit consumers.

RGGI participating states periodically conduct a "program review".  Following their 2012 Program Review, the RGGI states implemented a new 2014 RGGI cap of 91 million short tons -- 45 % below the prior 2014 cap of 165 million short tons. At that time, the participating states decided to commence the next program review no later than 2016.

RGGI's 2016 Program Review is ongoing.  According to an August 23, 2017 announcement, the participating states have reached consensus on proposed changes to the program design.  Proposed changes include a regional cap of 75,147,784 tons in 2021, which will decline by 2.275 million tons per year thereafter, resulting in a total 30% reduction in the regional cap from 2020 to 2030.  The proposed changes also include modifications to the existing Cost Containment Reserve and implementation of a new Emissions Containment Reserve which would add some flexibility to the cap size.

On behalf of participating states, RGGI, Inc. has announced a meeting on September 25 to gather stakeholder input.  According to the announcement, after reviewing stakeholder comments, conducting additional economic analysis, and updating materials, each participating state is expected to execute its own statutory and regulatory process to update its own carbon budget trading program.

Vail Resorts announces sustainability, net zero plan

Vail Resorts, Inc. -- the largest ski and mountain resort operator in the world -- has announced a comprehensive sustainability commitment that calls for "zero net emissions by 2030, zero waste to landfill by 2030 and zero net operating impact to forests and habitat."  According to the company, Vail Resorts' "Epic Promise for a Zero Footprint" will give resort guests and employees "the opportunity to enjoy the natural environment and resources without leaving an impact."
 
Vail Resorts' subsidiaries operate 11 mountain resorts and three urban ski areas, including Vail, Beaver Creek, Breckenridge and Keystone in Colorado; Park City in Utah; Heavenly, Northstar and Kirkwood in the Lake Tahoe area of California and Nevada; Whistler Blackcomb in British Columbia, Canada; Perisher in Australia; Stowe in Vermont; Wilmot Mountain in Wisconsin; Afton Alps in Minnesota and Mt. Brighton in Michigan. The company also owns and operates hotels as well as a real estate planning and development subsidiary.

In a July 25, 2017, press release, Vail Resorts announced its "Epic Promise for a Zero Footprint" sustainability commitment.  Pointing to Whistler Blackcomb's environmental commitment as inspiration, Vail Resorts announced its intent "to go beyond setting a partial emissions reduction target by executing on a more expansive and ambitious plan."

With respect to net zero emissions from operations by 2030, the Vail Resorts plan calls for continued reduction of the company's electricity and gas use by improving operating practices and investing $25 million in innovative, energy-saving projects, such as low-energy snowmaking equipment, green building design and construction, and more efficient grooming practices and equipment.  Among other measures, it envisions purchasing 100 percent renewable energy equivalent to Vail Resorts' total electrical energy use and working with utilities and local, regional and national governments to bring more renewable energy to the grids where the company operates its resorts. As an interim goal, the plan states the company's intent to achieve a 50 percent reduction in its net emissions by 2025, based on 2016 levels.

Other 2030 goals set in the Vail Resorts plan include "zero waste to landfill" (by diverting 100 percent of the waste from its operations to more sustainable pathways) and "zero net operating impact to forests and habitat" (by measures including mitigation, tree planting and forest restoration, and minimizing or eliminating the impact of any future resort development). 

Massachusetts climate change executive order

Massachusetts Governor Charlie Baker signed an executive order last month setting a comprehensive approach to climate change.  Executive Order No. 569, Establishing An Integrated Climate Change Strategy for the Commonwealth, directs state agencies to take a portfolio of actions to reduce greenhouse gas emissions, protect against the impacts of climate change, and improve resilience.

The order opens with acknowledgements that climate change and associated extreme weather events present serious threats.  It also notes the state's Global Warming Solutions Act, and the greenhouse gas emissions limits mandated by that law -- a 25% reduction below 1990 levels, achieved by 2020.  Following a decision by the Massachusetts Supreme Judicial Court earlier this year, regulations under that law must establish "declining annual aggregate emissions" for greenhouse gases.

Turning to action items, Executive Order No. 569 requires the Secretary of Energy and Environmental Affairs to publish a "comprehensive energy plan" within 2 years, with an update every 5 years thereafter.

The executive order also requires the Department of Environmental Protection to issue regulations to ensure that Massachusetts meets the 2020 statewide emissions limit required by the Global Warming Solutions Act.   Pursuant to the executive order, these regulations must be finally promulgated by August 11, 2017.

Executive Order No. 569 also requires coordination between the state's Energy and Environmental Affairs and Public Safety offices, with respect to strengthening community resilience, preparing for the impacts of climate change, and preparing for and mitigating damage from extreme weather events.  Within 2 years, this coordination will result in a Climate Adaptation Plan presenting a statewide adaptation strategy.

U.S., China ratify Paris climate agreement

The U.S. has formally ratified the global climate change agreement reached in Paris last year, as has China.  This moves the Paris climate agreement closer to legal effectiveness -- but more nations must accept the pact before it can enter into force.

At issue is the Paris Agreement, an agreement brokered at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change (UNFCCC).  In December 2015, over 190 countries meeting under UNFCCC adopted the Paris Agreement agreement to limit global warming.  The Paris Agreement describes climate change as an "urgent threat" and a "common concern of humankind."  The agreement's aim is to strengthen global response to this threat, through a variety of means.  These include the creation of individual national commitments to reduce greenhouse gas emissions, increased adaptation to climate change, and assistance for developing nations.

But the Paris Agreement has not yet taken its full legal force, because it contains a provision limiting its effectiveness until enough nations agree to comply.  As is common for multilateral international agreements, the Paris Agreement calls for parties to express their consent to be bound by the agreement, by depositing instruments of ratification, acceptance, approval or accession with the depositary established by the convention.  In this way, the agreement draws a distinction between Parties -- those signing the Agreement -- and those nations which have deposited their ratification instruments. 

Under its Article 21, the Paris Agreement "shall enter into force on the thirtieth day after the date on which at least 55 Parties to the Convention accounting in total for at least an estimated 55 percent of the total global greenhouse gas emissions have deposited their instruments of ratification, acceptance, approval or accession."  Practically speaking, this means that as new countries submit their ratifications, the convention's secretariat must calculate the total greenhouse gas emissions of Parties that have ratified the Paris Agreement, as a percentage of global greenhouse gas emissions.  Once the 55 percent threshold is hit, the Paris Agreement will become legally effective and operational.  The UNFCCC has said that while it cannot predict when this will occur, "it is conceivable that the Agreement may enter into force before 2020."

On April 22, 2016, the Paris Agreement was opened for signature.  At the opening ceremony, 15 states deposited instruments of ratification.  By September 1, reportedly 24 states accounting for just over 1% of global greenhouse gas emissions had ratified the agreement.

The Paris Agreement's path to effectiveness advanced on September 3, when President Obama announced that the U.S. and China had formally joined the Paris agreement in a ceremony in China.  In recent years, these nations have been among the world's top emitters of carbon dioxide.  As described by the White House, "Both leaders expressed satisfaction with jointly joining the Paris climate agreement and pledged to work together and with other parties to bring the Paris agreement into force as early as possible."  The Obama administration also noted other recent U.S. climate actions taken jointly with China, including support for a proposed amendment to the Montreal Protocol to phase down the consumption and production of hydrofluorocarbons (HFCs) globally, and efforts to address international aviation emissions.

Following the U.S.-China announcement, the convention secretariat announced that as of September 7, 27 states had deposited instruments of ratification, acceptance or approval accounting in total for 39.08% of the total global greenhouse gas emissions.

NEPA guidance on greenhouse gas emissions

Federal agencies have new guidance on how to address the effects of greenhouse gas emissions and climate change as those agencies satisfy their duties under the National Environmental Policy Act.  This month the White House Council on Environmental Quality or CEQ issued its Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews.  The document is designed to improve clarity and consistency in how federal agencies address climate change in the environmental impact assessment process under NEPA.

Enacted in 1970, NEPA generally requires agencies to consider the environmental effects of proposed agency actions, and to provide the public and decision makers with useful information regarding reasonable alternatives and mitigation measures.  To coordinate federal environmental efforts, NEPA also established CEQ within the Executive Office of the President.  CEQ is now charged with issuing mandatory regulations for NEPA implementation, as well as guidance documents such as the recent greenhouse gas guidance.

In its final greenhouse gas guidance, CEQ described climate change as "a fundamental environmental issue" whose effects fall squarely within NEPA's purview.  In CEQ's words, "Analyzing a proposed action’s GHG emissions and the effects of climate change relevant to a proposed action — particularly how climate change may change an action’s environmental effects — can provide useful information to decision makers and the public." CEQ views focused and effective consideration of climate change in NEPA reviews as enabling higher quality agency decisions.

To this end, CEQ offered guidance that:

when addressing climate change agencies should consider: (1) The potential effects of a proposed action on climate change as indicated by assessing GHG emissions (e.g., to include, where applicable, carbon sequestration); and, (2) The effects of climate change on a proposed action and its environmental impacts.

The guidance presents further information and interpretation on each of these points. For example, it recommends that agencies quantify the direct and indirect greenhouse gas emission resulting from a proposed agency action, as well as both short- and long-term adverse and beneficial effects.  The guidance also stated that "a NEPA review should consider an action in the context of the future state of the environment." 

In one sense, the final guidance is just guidance.  As CEQ noted, agencies have discretion in how they tailor their individual NEPA reviews to accommodate the guidance. CEQ directed that agencies should apply this guidance to all new proposed agency actions as of the initiation of NEPA review.  It suggested that agencies "should exercise judgment" when considering the application of the guidance to an on-going NEPA process, but that CEQ does not expect agencies to apply the guidance to concluded NEPA reviews, nor to any actions for which a final Environmental Impact Statement (EIS) or Environmental Assessment (EA) has been issued.

CEQ recommended that agencies review their NEPA procedures and propose any updates they deem necessary or appropriate to facilitate their consideration of greenhouse gas emissions and climate change.  Agency procedures to implement NEPA may be in the form of regulations, although they are not required to take that form.  CEQ's final guidance on greenhouse gas emissions may lead other federal agencies to revise regulations, policies, or implementing procedures to ensure full compliance with NEPA.

U.S., China to sign Paris climate agreement

The U.S. and China have announced plans to sign the international climate change agreement reached in Paris last December.

The White House.

The Paris Agreement, adopted at the "COP21" U.N. Conference on Climate Change, establishes a framework for reducing global greenhouse gas emissions.  It takes effect once 55 countries accounting for at least 55% of global emissions formally commit to undertaking the low carbon measures it outlines.

According to a March 31 joint presidential statement on climate change, over the past 3 years, "climate change has become a pillar of the U.S.-China bilateral relationship."  The statement notes domestic efforts by the U.S. and China to "build green, low-carbon and climate-resilient economies", as well as the international action culminating in the December 2015 conference decision to adopt the Paris Agreement.

The joint statement declares that U.S. and China "will sign the Paris Agreement on April 22nd and take their respective domestic steps in order to join the Agreement as early as possible this year." April 22 represents the first day that the Paris Agreement will be formally open for signature by adopting nations.

A White House blog post describes this step as a "critical milestone" because it represents a commitment by "the world's two largest polluters" who account for 40% of global emissions.  According to that blog, this commitment places the 55% threshold for implementation "well within reach," "demonstrating to the international community that there is no turning back on the path towards a low carbon future." 

Federal tax credits drive renewable power, CO2 reduction

A report by the U.S. Energy Department's National Renewable Energy Laboratory found that recent extensions to tax credits for wind and solar energy will drive a net peak increase of 48-53 gigawatts in installed renewable generation capacity in the early 2020s.

NREL is the U.S. Department of Energy's primary national laboratory for renewable energy and energy efficiency research and development.  NREL is operated for the Energy Department by The Alliance for Sustainable Energy, LLC.

In its February 2016 report, Impacts of Federal Tax Credit Extensions on Renewable Deployment and Power Sector Emissions, NREL examined the potential impact of recently extended federal tax credits on the deployment of renewable generation technologies and related U.S. electric sector carbon dioxide (CO₂) emissions.

At issue are federal tax credits for renewable energy: the wind production tax credit (PTC) and the solar investment tax credit (ITC).  Congress acted in December 2015 to extend by 5 years the expiration dates for these tax credits, with a phaseout or ramp down of tax credit value over time.

The NREL study examined two key questions, under models with high and low natural gas prices:

1.  How might renewable energy deployment in the contiguous United States change with these recent federal tax credit extensions?
2. How might this change in renewable energy deployment impact CO₂ emissions in the power sector?

Under both sets of natural gas assumptions, the NREL study found that tax credit extension scenarios show greater renewable technology investments through the early 2020s than scenarios without extensions:

The study found that scenarios with tax credit extensions also show lower CO2 emissions from the U.S. electricity system:

Cumulative emissions reductions over a 15-year period (spanning 2016-2030) as a result of the tax credit extensions are estimated to range from 540 to 1,400 million metric tons CO₂.

In all scenarios, nearly all of the estimated growth in renewable energy capacity was primarily comprised of new solar and wind capacity, as opposed to biopower, geothermal, or hydropower technologies.

The NREL study concludes that tax credit extensions can have a "measurable impact" on future renewable energy deployment and electric sector CO2 emissions under a range of natural gas price assumptions.

US Supreme Court stays Clean Power Plan

The Supreme Court of the United States has issued an order staying the U.S. Environmental Protection Agency's Clean Power Plan regulations limiting carbon emissions from electric power plants.  As a result, the rule's effect is frozen until legal challenges to the rule are resolved in federal court.

The Supreme Court of the United States.

EPA's final Clean Power Plan rule establishes emission guidelines for states to follow in developing plans to reduce greenhouse gas emissions from existing fossil fuel-fired electric generating units.  Developed by EPA pursuant to Clean Air Act Section 111(d), the regulation prescribes carbon reductions for states.

While state-level emissions reductions are federally prescribed, the rule places states in the role of developing their own compliance plans for how to reach the required emissions reductions.  The rule was published in the Federal Register on October 23, 2015, as Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, 80 Fed. Reg. 64,662.  It gave states until September 6, 2016 to file a final plan, or an initial plan with a request for an extension, for EPA review.

If implemented, the EPA says the Clean Power Plan will reduce carbon emissions from power plants by 32% below 2005 levels, or about 870 million short tons.  EPA estimates the regulation could yield public health and climate benefits worth $54 billion in 2030 alone.  As states cut back on using carbon-intensive fuels such as coal and oil, EPA projects that renewable energy will grow, with utility-scale wind and solar expected to double by 2030 under the Clean Power Plan compared to 2013 levels.

But numerous lawsuits have been filed challenging the rule, along with petitions to stay or freeze its effectiveness pending judicial review.  Last month, the D.C. Circuit Court of Appeals denied petitions for stay from parties including states, utilities and trade groups such as the American Coalition for Clean Coal Electricity.

Parties then filed petitions for stay to the U.S. Supreme Court.  Under a 2012 Supreme Court precedent, Maryland v. King, a party seeking a stay must demonstrate (1) a "reasonable probability" that the Supreme Court will grant certiorari or agree to hear the case, (2) a "fair prospect" that the Court will reverse the decision below, and (3) a "likelihood that irreparable harm [will] result from the denial of a stay."  This is a relatively high burden.

Today a majority of the U.S. Supreme Court agreed to stay the Clean Power Plan rule, by order entered in the West Virginia, et al. v. EPA, et al. case and others consolidated into the West Virginia case.  In the Court's words:

The Environmental Protection Agency’s "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units," 80 Fed. Reg. 64,662 (October 23, 2015), is stayed pending disposition of the applicant’s petition for review in the United States Court of Appeals for the District of Columbia Circuit and disposition of the applicant’s petition for a writ of certiorari, if such writ is sought. If a writ of certiorari is sought and the Court denies the petition, this order shall terminate automatically. If the Court grants the petition for a writ of certiorari, this order shall terminate when the Court enters its judgment.

The order notes that Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the request to freeze the rule's effect.  This note reveals a 5-4 decision to issue the stay, with Chief Justice Roberts, Justice Scalia, Justice Kennedy, Justice Thomas and Justice Alito in the majority as supporting the stay.

With the Clean Power Plan's effect stayed, litigation over the rule will now proceed in the U.S. Court of Appeals for the District of Columbia Circuit.  The 27 states participating in challenges to the rule are likely cheering.  Those include Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin and Wyoming.  Meanwhile, the 18 states who filed in support of the EPA, along with those states who have started preparing compliance plans for the regulation, now find themselves on less certain footing.  So too do electric power generators, and others interested in energy markets.  If controversy persists, whatever decision the circuit court issues is likely to be appealed to the Supreme Court.

NERC suggests Clean Power Plan reliability considerations

The electric reliability organization for North America has issued an assessment of reliability considerations it thinks state electricity and environmental regulators should take into account in crafting state plans to comply with the Clean Power Plan.

The North American Electric Reliability Corporation (NERC) is a not‐for‐profit regulatory authority whose mission is to assure the reliability of North America's bulk power system.

Last year, the U.S. Environmental Protection Agency (EPA) issued its Clean Power Plan, a final rule limiting carbon dioxide emissions for existing electric generation facilities.  States are expected to prepare individual or collaborative plans to comply with the regulation.  Because reducing the carbon intensity of electric power generation is the goal, EPA expects that some plans will include a shift from coal-fired power plants to less carbon-intensive sources.  As NERC wrote in its assessment:

The BPS is already undergoing a broad transformation with retirements of coal units and some nuclear units, and additions of resources fueled by natural gas, wind, and solar. Distributed generation, energy efficiency, and demand response are also changing the way in which system planners must account for resources. The CPP has the potential to hasten the transformation of the electric system started by market and political factors such as natural gas supply and pricing and federal and state policy decisions with respect to renewables and energy efficiency and other environmental regulations.

But reliability is a key issue at stake in any shift in the portfolio of generating resources.  The Clean Power Plan rule explicitly requires that states consider reliability as part of their plans.

NERC's assessment, Reliability Considerations for Clean Power Plan Development, presents its view of "aspects of plan design that need to be considered to reliably accommodate this broad transformation."  NERC's ten key reliability considerations are:

• State coordination with system planning entities - planners and coordinators working together
• Essential reliability services - "In order to maintain an adequate level of reliability through this transition, generation resources need to provide sufficient voltage control, frequency support, and ramping capability — essential components to the reliable operation of the BPS. It is necessary for policy makers to recognize the need for these services by ensuring that interconnection requirements, market mechanisms, or other reliability requirements provide sufficient means of adapting the system to accommodate large amounts of variable and/or distributed energy resources (DERs)."
• Timing considerations for energy infrastructure development - "Retirements can happen quickly, but adequate replacement facilities must be in service prior to retirement. As natural gas‐fired generation replaces coal‐fired generation the requisite timeline for natural gas pipeline infrastructure becomes even more relevant."
• Electricity imports and exports - "If a state intends to use resources from nearby states as part of a compliance strategy, it is important to determine if the necessary transmission capability is available to reliably transport electricity from those resources."
• Change in generator cycling and operations - coal plants may serve more seasonal peak demands, so "states should take account of changes in maintenance requirements likely due to cycling and the risk of increased forced outages of these coal‐fired plants. Additionally, increased and sufficient coordination between gas and electric system operators becomes much more critical to ensure adequate amounts of fuel are available."
• Reserve margin assessment - "As more variable and energy ‐ limited resources are added, the system will likely require additional reserve capacity to maintain a similar level of reliability compared to a system with all conventional generation."
• Energy efficiency - "Given that EE can be used as a potential CPP compliance tool, it is important that states evaluate the realistic potential for EE to displace load and the likely duration of those impacts. Shorter term EE measures may serve as a potential bridge to meet CPP requirements."
• Emissions trading - "In general, emissions trading promotes additional reliability compliance options by effectively broadening the compliance region as well as the availability of allowances and credits. However, some resource options that might be assumed available through emissions trading may not be, due to another state’s plan. Because trading is optional, states should coordinate to ensure the most beneficial approach of trading is considered."
• Reliability safety valve - "States must understand how the Reliability Safety Valve works and its limits, recognizing that it cannot be used as a planning tool to meet CPP requirements."
• North American and European precedents - states should review carbon market precedents like RGGI and shifts in Canada and Europe toward renewable and distributed resources as case studies for potential strategies, lessons learned in implementation, and insights as they develop their plans.

Some states are already developing Clean Power Plan compliance plans.  Meanwhile, judicial challenges have been filed.  Initial plans are due to the EPA later this year.

FERC staff guidance for Clean Power Plan modeling

Staff of the U.S. Federal Energy Regulatory Commission have issued a white paper presenting guidance principles for modeling state plans to comply with the U.S. Environmental Protection Agency's Clean Power Plan carbon regulations from existing fossil fuel-fired electric power plants.

The EPA issued the Clean Power Plan on August 3, 2015 as a regulation under Section 111(d) of the Clean Air Act.  The Clean Power Plan limits carbon dioxide emissions from existing fossil fuel-fired electric power plants.  The final rule provides state specific goals for carbon dioxide emissions from affected electric generating units, including interim emissions goals from 2022 to 2029 and a final goal for 2030.

Due to congressional concern that environmental regulations not jeopardize the reliability of the electric grid, each covered state must demonstrate that it has considered reliability issues in developing its plan.  That consideration of reliability is certain to include modeling.  The Federal Energy Regulatory Commission has entered into an agreement with EPA and the U.S. Department of Energy to coordinate certain activities to help ensure continued reliable electricity generation and transmission during the Clean Power Plan's implementation.

In furtherance of that mission, on January 19, 2016, staff of the Commission released an 18-page white paper identifying four guiding principles that may assist transmission planning entities in conducting effective analysis of the Clean Power Plan and associated state, regional, or federal compliance plans.

These guiding principles address four areas:

• Transparency and stakeholder engagement: "transparency and stakeholder engagement in model development, model inputs and study designs can help identify policy alternatives and effectively evaluate assumptions, while also improving coordination across transmission planning regions."
• Study methodology and interactions between studies: "incorporating changes to current study methodologies can allow transmission planning entities to more effectively assess the impact of the CPP and associated compliance plans."
• Study inputs, sensitivities and probabilistic analysis: "using study inputs that account for uncertainty and test for sensitivity can help effectively assess the impact of the CPP and associated compliance plans."
• Tools and techniques: "adopting new modeling tools and techniques may help transmission planning entities better assess the overall impact of the CPP and associated compliance plans."

The FERC staff white paper notes that while "effectively evaluating the impacts of the CPP may present challenges, these challenges can be mitigated by using appropriate modeling tools and techniques."  Under the Clean Power Plan, states have until September 6, 2016, to submit either a final carbon-cutting plan or to request a two-year extension and to submit an initial plan for EPA review.

Climate and energy in 2016 State of the Union

President Obama delivered his final State of the Union address on January 12, 2016.  The White House has posted his remarks as prepared for delivery to Congress.  Climate change, and related energy and environmental issues, formed a prominent theme in this year's speech.

The White House.

Climate change first surfaced in the 2016 State of the Union as part of one of four "big questions" President Obama posed for the nation.

Second, how do we make technology work for us, and not against us -- especially when it comes to solving urgent challenges like climate change?

After announcing a "moonshot" medical research effort to cure cancer to be led by Vice President Joe Biden, President Obama said, "We need the same level of commitment when it comes to developing clean energy sources."

He then spent several minutes addressing climate change directly.  First, he noted effective consensus that climate change is a topic worth tackling:

Look, if anybody still wants to dispute the science around climate change, have at it. You will be pretty lonely, because you’ll be debating our military, most of America’s business leaders, the majority of the American people, almost the entire scientific community, and 200 nations around the world who agree it’s a problem and intend to solve it.

He then touted the economic and environmental effects of investment in renewable and distributed generation and energy storage:

But even if -- even if the planet wasn’t at stake, even if 2014 wasn’t the warmest year on record -- until 2015 turned out to be even hotter -- why would we want to pass up the chance for American businesses to produce and sell the energy of the future?

Listen, seven years ago, we made the single biggest investment in clean energy in our history. Here are the results. In fields from Iowa to Texas, wind power is now cheaper than dirtier, conventional power. On rooftops from Arizona to New York, solar is saving Americans tens of millions of dollars a year on their energy bills, and employs more Americans than coal -- in jobs that pay better than average. We’re taking steps to give homeowners the freedom to generate and store their own energy -- something, by the way, that environmentalists and Tea Partiers have teamed up to support. And meanwhile, we’ve cut our imports of foreign oil by nearly 60 percent, and cut carbon pollution more than any other country on Earth.

Gas under two bucks a gallon ain’t bad, either.

President Obama then called for changes to transition to clean energy sources:

Now we’ve got to accelerate the transition away from old, dirtier energy sources. Rather than subsidize the past, we should invest in the future -- especially in communities that rely on fossil fuels. We do them no favor when we don't show them where the trends are going. That’s why I’m going to push to change the way we manage our oil and coal resources, so that they better reflect the costs they impose on taxpayers and our planet. And that way, we put money back into those communities, and put tens of thousands of Americans to work building a 21st century transportation system.

Now, none of this is going to happen overnight. And, yes, there are plenty of entrenched interests who want to protect the status quo. But the jobs we’ll create, the money we’ll save, the planet we’ll preserve -- that is the kind of future our kids and our grandkids deserve. And it's within our grasp.

Climate change is just one of many issues where our security is linked to the rest of the world.

His final reference to climate change came while discussing international engagement, and "seeing our foreign assistance as a part of our national security":

When we lead nearly 200 nations to the most ambitious agreement in history to fight climate change, yes, that helps vulnerable countries, but it also protects our kids.

Climate, energy, and environmental issues thus featured prominently in the 2016 State of the Union speech.  Over the coming year, these themes -- domestic and international action on climate change, investment in renewable energy and distributed generation, transition away from oil and coal -- will likely continue to play out at the federal level.

Previewing climate and energy in 2016 State of the Union

President Obama is scheduled to deliver his final State of the Union address tonight. As in previous years, he is likely to address climate change, energy and environmental issues.  What will the 2016 State of the Union have to say about these topics?

We know from previous years' State of the Union speeches (2013, 2014, 2015) that energy, the environment, and climate change have played an increasing role in the Obama administration's priorities. While the administration released a "preview" video on Youtube for the 2016 address,  the brief clip doesn't include any substantive remarks about climate, energy, or the environment.

However, the Obama administration has been active on climate, energy and environmental issues, with key developments in the past year such as the adoption of the U.S. Environmental Protection Agency's Clean Power Plan regulations limiting power plant emissions of carbon dioxide and the denial of the Keystone XL pipeline's Presidential Permit application.  Indeed, President Obama has said that "no challenge poses a greater threat to our children, our planet, and future generations than climate change — and that no other country on Earth is better equipped to lead the world towards a solution."

Climate change, energy, and the environment are likely to be mentioned along with other administration priorities such as international relations, national security, gun violence, and the economy.  Indeed, the White House's State of the Union website features sections titled Economic Progress, Acting on Climate, Engagement in the World, Health Care Reform, and Social Progress and Equality.

Under the "Acting on Climate" heading, the administration website for this year's address notes the December 2015 Paris agreement on climate change, reduced domestic emissions, the largest investment in renewable energy in U.S. history, and associated job creation.  The website also provides a "Record on Climate Change", listing details of the administration's actions to address climate change.

President Obama's final State of the Union address to Congress will be streamed live at https://www.whitehouse.gov/sotu on January 12, 2016 at 9PM ET.

Paris climate agreement walkthrough

On December 12, the Parties to the United Nations Framework Convention on Climate Change adopted Decision 1/CP.21, adopting the Paris Agreement under that convention. The Paris Agreement itself is 12 pages long, and includes a preamble and 29 articles.  Its details merit a close read, as parties spent countless hours negotiating every word and piece of punctuation in the document.  Some articles have many operative clauses and address topics like temperature change and greenhouse gas emissions, while other articles are more ministerial.  Billions of dollars, and maybe the fate of the world, rests on the terms of these legal documents and how they are implemented.

Here's a overview-level walkthrough of the Paris Agreement:

• Preamble: recognizes climate change as a "common concern of humankind" and an "urgent threat" to which an "effective and progressive response" is necessary, that least developed countries and others may have specific needs, and interactions with other social values like food security, decent work and quality jobs, and "the importance for some of the concept of 'climate justice'".
• Article 1 provides definitions for Convention, Conference of the Parties, and Party.
• Article 2 defines the Agreement's aim as "to strengthen the global response to the threat of climate change, in the context of sustainable development and efforts to eradicate poverty," including a long-term temperature goal, a call for increased adaptation, and "making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development."
• Article 3 requires all parties "to undertake and communicate ambitious efforts as defined in Articles 4, 7, 8, 10, 11, and 13" as "nationally determined contributions to the global response to climate change."
• Article 4 addresses the long-term temperature goal established in Article 2.  It requires each party to "prepare, communicate and maintain successive nationally determined contributions that it intends to achieve" and to pursue domestic mitigation measures.  Parties are expected to increase the level of ambition reflected in their nationally determined contributions over time.  Developed country parties are expected to take the lead, while supporting developing country parties and small island developing states.
• Article 5 calls for conservation and enhancement of sinks and reservoirs of greenhouse gases, including forests.  
• Article 6 recognizes that some parties may choose to pursue voluntary cooperation in implementing their nationally determined contributions.  It establishes a mechanism to promote and track "internationally transferred mitigation outcomes."  It also defines a framework to promote non-market approaches.
• Article 7 establishes a global goal of enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change.  It requires parties to engage in adaptation planning processes and actions.  It also requires periodic "adaptation communication" reporting to the secretariat.
• Article 8 addresses averting, minimizing, and dealing with "loss and damage" associated with the adverse effects of climate change, "including extreme weather events and slow onset events."  It uses the Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts as its basis.
• Article 9 calls for developed country parties to provide financial resources to assist developing country parties with respect to both mitigation and adaptation, and to take the lead in "mobilizing climate finance from a wide variety of sources, instruments, and channels."
• Article 10 promotes technology development and transfer to "improve resilience to climate change and to reduce greenhouse gas emissions."
• Article 11 calls for "capacity-building", to enhance the capacity and ability of developing country and vulnerable parties to take effective climate change action such as adaptation and mitigation.
• Article 12 requires cooperation on "climate change education, training, public awareness, public participation and public access to information."
• Article 13 creates an "enhanced transparency framework for action and support" to build trust and confidence while allowing flexible and effective implementation.  It requires each party to regularly provide a "national inventory report of anthropogenic emissions by sources and removals by sinks of greenhouse gases," and information on how it has provided financial, technology transfer and capacity-building support to other countries.
• Article 14 requires a "global stocktake" -- that the parties periodically "take stock of the implementation of this Agreement to assess the collective progress towards achieving the purpose of this Agreement and its long-term goals."  Article 14 provides that the Conference of the Parties shall undertake its first global stocktake in 2023 and every five years thereafter unless the Conference otherwise decides.
• Article 15 establishes an expert-based committee as "a mechanism to facilitate implementation of and promote compliance with" the Paris Agreement.
• Article 16 provides procedures for aligning future meetings of parties to the Paris Agreement with the meetings of the Conference of the Parties.
• Articles 17, 18, and 19 provide procedures for the Convention secretariat, Subsidiary Body for Scientific and Technological Advice and Subsidiary Body for Implementation established by the Convention to also apply to the Paris Agreement.
• Article 20 provides processes for signature, ratification, acceptance, approval and accession of the Paris Agreement.
• Article 21 provides that the Paris Agreement "shall enter into force on the thirtieth day after the date on which at least 55 Parties to the Convention accounting in total for at least an estimated 55 percent of the total global greenhouse gas emissions have deposited their instruments of ratification, acceptance, approval or accession."
• Articles 22 and 23 provide processes for adopting any amendments or annexes to the Paris Agreement.
• Article 24 governs dispute resolution.
• Article 25 provides that each party shall have one vote, and establishes a process for "regional economic integration organizations" to vote as a bloc.
• Article 26 provides that the Secretary-General of the United Nations shall be the Depositary of the Paris Agreement.
• Article 27 prohibits any reservations being made to the Agreement.
• Article 28 provides a process for a party to withdraw from the Paris Agreement.
• Article 29 governs the original of the Paris Agreement.

The final language of the Paris Agreement's 29 articles, and Decision 1/CP.21 adopting the Paris Agreement, were each adopted by consensus by all of the 195 member states and the European Union participating in the COP21 summit.  Decision 1/CP.21 and the Paris Agreement will play important roles going forward as the world tackles climate change.  Their language will shape business, government, society, and the environment.