Energy and Climate Change Forum
1 October 2007
Fordham Law School, New York

Photos
Program (PDF)
Background Document / High-Level Event on Climate Change (word)
Website Link / High-Level Event on Climate Change

Coming on the heels of the Secretary General’s High-Level Event on Climate Change (The Future in Our Hands: Addressing the Leadership Challenge of Climate Change), the Energy and Climate Change forum focused on the challenges and opportunities of dealing with climate change while promoting a sustainable energy future. Held at Fordham Law School, the forum was hosted by the Leitner Center for International Law and Justice, in partnership with the Fordham Environmental Law Review, the Natural Resources Defense Council, Pace Law School, and the UNDP Equator Initiative. Featuring speakers from the United Nations, academics, the private sector, and government officials, the forum provided an opportunity to share and discuss a wide range of views on climate change. The forum featured discussions of the United Nations response to climate change, US and EU perspectives, and energy policies that could effectively contribute to tackling climate change while securing alternative energy sources and promoting economic development.

Climate change is one of the most complex, multifaceted, and serious threats that the world faces. The response to this threat is fundamentally linked to pressing concerns of sustainable development and global security; vulnerability and resilience; economy, poverty reduction and society; and the world we will hand down to our children. As the result of primarily human-caused emissions, our climate is changing. It is becoming less stable, more volatile and warmer: global average surface temperatures have increased by 0.74 degrees Celsius during the past 100 years. As normal variations are increase, seasons are arriving at different times; glaciers are receding; sea levels are rising. Extreme weather events are becoming more frequent and more severe. Droughts, floods and heat waves are already contributing to crop failures, conflicts and a steadily increasing human suffering. As the planet warms, there will be an increase in the frequency and severity of climactic events and a significant loss of biodiversity in many regions. Yet climate change is not only an environmental issue; it has clear economic and social consequences. It is inextricably linked to the broader sustainable development agenda, including the challenge of poverty alleviation. The effects of climate change will have a disproportionately severe impact on the poorest and most vulnerable of the world’s communities, including indigenous peoples, and threaten to put the Millennium Development Goals beyond reach unless action is taken now. At the heart of this threat is the availability and use of energy. Continued use of fossil fuels as the primary means of providing energy and transportation for the world economy will exacerbate the climate crisis. Thus, a re-thinking of energy sources and consumption, as well as changes in policy and immediate action, will be required if climate change is to be dealt with effectively, and a sustainable energy future secured.

Christopher Flavin, President of the Worldwatch Institute and keynote speaker, spoke of the need for transformations in technology and lifestyle to meet the challenges of the climate crisis.  He also called for a new and more efficient energy system based on non-fossil fuels, the expansion of carbon pricing, and a “complex matrix of policies” to ensure environmental protection and improved economic and social conditions for humanity.  He cautioned that “we are within 10 to 20 years of reaching a tipping point” in global climate change, beyond which the dramatic effects of the crisis will overwhelm human capacity to adapt,  Yet he also spoke of his optimism that humanity would meet the climate change challenge with a timely and effective effort.

The Energy and Climate Change forum began with an introduction and welcome to the attendees and panelists by the Dean of Fordham Law School, William Michael Treanor. This was followed by greetings and an update on events and activities at the Leitner Center for International Law and Justice by Professor Martin Flaherty, and a statement on the inspiration for the conference by Professor Tracy Higgins. The Editor of the Fordham Environmental Law Review, Ryan Burns, expressed his gratitude to the organizers and partners of the forum, and introduced the first panel session. 

The first panel, “Climate Change and Energy: Addressing the Challenges of Mitigation, Adaptation, Technology, and Financing – International and National Perspectives”, provided an overview of the United Nations response to climate change in the key areas of Mitigation, Adaptation, Technology and Finance, as well as views from the US and EU, two of the major players in global energy markets. The panel was moderated by Charles McNeill, Environment Programme Team Manager and Senior Biodiversity Conservation Advisor – UNDP, and focused on the United Nations response to climate change in the areas of mitigation, adaptation, technology, and finance, reflecting the thematic areas of the Secretary-General’s High-Level Event on Climate Change. The session began with a screening of the video “A Way Forward: Confronting Climate Change,” produced by the UN Foundation and National Geographic for the Secretary-General’s High-Level Event. Dr. McNeill began by outlining the background, purpose and structure of the Secretary-General’s High-Level Event on Climate Change and introduced the four major topics of discussion and the first panelists.

Juanita Castaño, Chief of the United Nations Environment Programme (UNEP) New York Liaison Office, spoke on behalf of the United Nations on the topics of adaptation and mitigation.  She stated “A global strategy for adaptation, focusing on meeting the needs of developing countries, is essential.”  This will require “political leadership at the highest level to build the momentum for a concerted and rigorous global adaptation strategy.”  She made a number of recommendations for action, such as integrating adaptation to climate change into all development planning to ensure the achievement of the Millennium Development Goals, strengthening regional cooperation to deliver funding and assistance, and building a global partnership to cope with the challenge of climate change through North-South and South-South cooperation. 

She reported that the major outcome of the High-Level Event was increased political will to deal with the climate change issue. World leaders agreed to empower their delegations to the December UN Climate Change Conference in Bali to seek solutions to the crisis. Many countries pledged their support to assist other countries to adapt to climate change, especially to help the Small Island Developing States (SIDS) and Least Developed Countries (LDCs). 

Juanita Castaño underlined the United Nations recognition that the immediate and “central objective is to stabilize concentrations of greenhouse gases in the atmosphere at a safe level,” and there is a pressing need for a new agreement to replace the Kyoto Protocol, which expires in 2012.  This new agreement needs to be based on the “principle of common but differentiated responsibilities,” whereby those countries most responsible for climate change (developed and polluting nations) take responsibility for the mitigation and adaptation efforts of the developing countries by providing funding, technical assistance, and capacity building.  The new agreement must also include “legally binding targets” for emissions reduction for the developed nations.

Kathleen Abdalla, Chief of the National Information, Monitoring and Outreach Branch, Division for Sustainable Development, United Nations Department of Economic and Social Affairs (UNDESA) spoke on the thematic areas of technology and finance. She noted that technology will play an essential role in the response to climate change, in both tackling the causes and adapting to the impact. One important step will be a massive international push to roll out new clean and low carbon technologies at lower costs by using policy to favor these technologies over fossil-fuels. Another step will be to align disparate public policy mechanisms that promote the use of available clean technologies into a single cohesive agenda, and to greatly increase research and design of new clean technologies through use of government support packages.  Ms. Abdalla noted that “technology transfer from developed to developing countries, and increasingly between developing countries, will be needed on an unprecedented scale.” In order to achieve transfer of technology on this scale, a powerful global incentive framework is indispensable. It will be imperative that developed countries adopt energy policies that are supportive of developing countries’ efforts to eradicate poverty, and that increase access to adaptation technologies. Ms. Abdalla then stated that “combating climate change will involve massive shifts in investment patterns in a huge range of sectors,” and will require investments be made in physical assets as well. This shift will require an increase in capital for investments in a sustainable future. In order to mobilize the necessary investment and financial flows to address climate change, there is a need to improve and combine mechanisms, such as the carbon markets, the Clean Development Mechanism (the financial mechanism of the United Nations Framework Convention on Climate Change (UNFCCC)), official development assistance, and national policies, and a need to create new and additional resources. 

Robert L. Howse, Visiting Professor of Law, Fordham Law School, and Alene and Allan F. Smith Professor of Law, Michigan Law School, provided context on the US position on climate change, including recent developments and proposals. A number of proposals are currently under consideration by the US These include a carbon emissions cap and carbon credit purchase process, which is being explored in two different versions, as well as a “cap and trade” program, whereby the US would require importers of certain “carbon-heavy” commodities to purchase carbon credits in order to import them to the US.

Karl Kellner, Advisor to the Director, Directorate General for Energy and Transport, European Commission, provided an overview of recent European Union climate change positions, policies, and actions. He outlined the EU approach to dealing with climate change, which includes an action plan requiring member states to meet the legally binding targets of 20% emissions reductions and 10% use of bio-fuels by 2020 (the first set of legally binding targets in the history of the EU), and creating policies to ensure the competitiveness of environmentally sound technologies.  The EU is working to ensure the supply of fossil-fuels, which will be used in the foreseeable future, and their delivery in an environmentally responsible manner.  According to Mr. Kellner, the EU has also prioritized the promotion of sustainable development by facilitating proactive energy and climate change policies and action in developing countries.

The second panel, “Renewables: Challenges and Opportunities”, provided an opportunity for representatives of the private sector, government, and academia to discuss opportunities for providing renewable sources of energy, including currently available options, and also the difficulties that arise for governments and the private sector when trying to provide them on a large scale. The panel was moderated by Dale Bryk, Senior Attorney, Natural Resources Defense Council, and Director, Environmental Law Clinic, Yale Law School. 

Nancy M. Bacon, Senior Vice President, Energy Conversion Devices, Inc., discussed the different types and current availability and pricing of photovoltaic panels and sheeting, and the use of solar power in eliminating “energy poverty”. There have been constraints on the production and dissemination of photovoltaic technology due to its high cost. Now that low-carbon energy technologies have become an international priority, the use of photovoltaic energy is rapidly expanding, and market forces will soon drive costs down. At the same time, the technology is improving. The large panels that have characterized solar energy to this point are being replaced by lighter, more durable, and higher-efficiency solar sheeting. The sheeting has the advantage of being much lighter; it does not compromise structural integrity or require additional reinforcement when installed on buildings.  It is also an improvement over the older photovoltaic panels in that it is “shade-tolerant,” as it still collects solar energy when in the shade of buildings or trees since it does not require direct sunlight to store energy. 

Erika Szyszczak, Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law, University of Leicester, and Director of the Centre for European Law and Integration, offered commentary and constructive criticism of the energy- and climate-related actions and policies of the EU, providing further insight into the speech delivered earlier in the day by Karl Kellner. In relation to negotiating energy and climate change policies, there are difficulties in monitoring legally binding targets among EU nations. The current process of negotiations is a long and highly iterative process - transplanting policies from one EU nation to another is still a very difficult process.

Kit Kennedy, Special Deputy Attorney General for Environmental Protection, New York State, discussed the inspiration behind the growing movement for increased use of renewable energy, the challenges faced in increasing use, and the economic tools currently available, including the Renewable Portfolio Standard, feed-in tariffs, public benefit funds, tax policies and incentives, and environmental disclosure rules. She stressed that the time for delay has passed; many useful technologies, policy mechanisms, and economic tools are currently available, and putting them to use will have to become a priority for governments at all levels.  By creating economic incentives, governments have the power to make the use of renewable sources of energy one of the integral components in the global response to climate change.

The third panel on “Energy Efficiency” provided information on the push to improve energy efficiency that has been taking place around the world, where the efficiency gaps are in the current energy system, and the challenges that are faced in improving energy efficiency, especially in the context of the developing world.  The panel was moderated by Richard Ottinger, Professor of Law & Dean Emeritus, Pace University School of Law, who noted that most power plants run at thirty percent efficiency, producing seventy percent waste heat, which could be harnessed and put to great use.

Ashok Gupta, Air and Energy Program Director, Natural Resources Defense Council, discussed the current state of energy efficiency, identified possible efficiency solutions, and outlined some of the major challenges in the provision of utilities services. He noted that, with regard to energy efficiency, the “available solutions would have major positive economic and environmental effects,” and that people should “tune-up” their buildings, not just their cars.

M.K. Ramesh, Professor of Law, National Law School of India University, made a presentation entitled “India: Warming-up to the Energy Challenge – Energy Efficiency.” He discussed the challenges of efficiently meeting energy demands in the developing world, as well as the unique opportunities and conditions that currently exist in India.  Although it is near the top of the list of countries in total emissions produced per year, India has a per capita production which is relatively low. India has begun to address climate change through legislation and policy, especially the Electricity Act of 2003 and the Energy Conservation Act of 2001, and has made dealing with the climate crisis a national priority.

Rubén Kraiem, Corporate Partner, Covington and Burling LLP, and Adjunct Professor of Law, Fordham Law School, discussed the energy use, needs, and efficiency challenges of Mexico.  He sees major difficulties in meeting the requirements of the Clean Development Mechanism, which is overly bureaucratic and unpredictable. There has also been a failure of the part of the international community in mobilizing markets, and a lack of creativity and innovative solutions. In regard to efficiently meeting energy needs, “it is extremely difficult to design mechanisms that will deliver resources at the scale required.” Institutional lag and a lack of will have cost the international community precious time in dealing with the climate crisis, and a lack of creativity has compromised the response that has taken place.The closing remarks of the forum were delivered by Paolo Galizzi, Visiting Professor of Law and Director, Sustainable Development Legal Initiative, Leitner Center for International Law and Justice, Fordham Law School.  He noted his gratitude to the organizers, panelists, and audience of the forum that he was encouraged by the exchange of ideas that took place during the forum, and then asked everyone in attendance to think of the links between energy, climate change, and the on-going protests in Burma.