March 2, 2009
NEW YORK STATE BAR ASSOCIATION TASK FORCE ON GLOBAL
WARMING CALLS FOR COMPREHENSIVE STATEWIDE STRATEGY TO COMBAT GREENHOUSE
GASES
New
Report Identifies Timely & Cost-Effective Actions
New Yorkcan take a series of
realistic, timely and cost-effective steps that would slash greenhouse
gas emissions by 80 percent below 1990 levels and leave the state and
the nation better prepared for a world impacted by global climate
change, according to a new report issued by the New York State Bar
Association Task Force on Global Warming. Chaired by Michael
B. Gerrard, Esq., professor and director of the Center on Climate Change
Law at the Columbia University School of Law, the Task Force on Global
Warming was established by State Bar President Bernice K. Leber (Arent
Fox LLP) in June 2008 and includes experts from the fields of climate
change, law, academia, business and good government advocacy.
While noting that
New
Yorkalready has an array of laws, policies and
programs that help reduce greenhouse gas (GHG) emissions that contribute
to global warming, the Task Force is calling for a “statewide
comprehensive climate change strategy that has a specific, measureable
and binding reduction target.” The preliminary report,
titled Taking Action In New York On Climate Change: Report of the New
York State Bar Association Task Force on Global Warming, must be
adopted by the Association’s House of Delegates. The vote is
scheduled in April 2009.
In making global warming
a top priority, Leber asked the Task Force to review New York’s
existing laws and programs, with the goal of prioritizing specific
reforms in the area of climate change which could be implemented
locally, statewide and nationally. Leber also noted that the State
Bar has long been active on the issue of global warming and the impact
of greenhouse gases, issuing a seminal report on the subject in 1994,
titled The Threat of Global Climate Change – What Can New
Yorkers Do? State and Local Strategies to Reduce Greenhouse Gas
Emissions in New
York State.
“While it’s
true that New
Yorkhas taken many steps to address climate
change, much more can be done. With this report, Professor Gerrard
and the other distinguished members of the Task Force have developed a
thoughtful, practical roadmap to confronting climate change, with
specific proposals that can be readily accomplished and that will yield
real results. I want to thank them for their hours of hard work
and dedication,” Leber said.
The panel determined that the state
already has several laws, policies and programs currently in place to
reduce statewide greenhouse gas emissions. However, a climate
change target and comprehensive strategy were lacking. According
to the report, without such a target, it is difficult to assess whether
New
York’s efforts in reducing its emissions
are effective. Additionally, a binding greenhouse gas reduction
target will focus initiatives on achieving reductions in emissions,
rather than on other laudable but different goals such as increasing
renewable energy usage or making buildings more energy
efficient.
The Task Force recommended that adopting
a target that can be assessed and revised as warranted to reduce
New
York’s greenhouse gases by 80 percent
below 1990 levels by 2050 is appropriate.
The report’s 22 specific
recommendations can be divided into four categories: building and
energy; land use; vehicles and transportation; and other
initiatives. Recommendations include:
- Improving energy efficiency in the
construction of new buildings and remove certain exemptions from energy
efficiency statutes to promote this.
- Providing incentives to local
governments to train building inspectors on enforcing the Energy Code
– now largely neglected in many municipalities across the
State.
- Allowing the Public Service Commission
to require time-of-use (or time differentiated) pricing in circumstances
where such rates are found to be in the public interest.
Time-of-use pricing is a method by which the price of electricity
charged consumers varies with the time of day, which allows the price to
track more closely the actual cost of producing electricity in each
hour. Consumers would thereby save on electricity costs by
shifting their usage from peak periods when prices are highest to
non-peak periods when prices are lower.
- Amending the SEQRA regulations and
various town, city and municipal laws to include climate change
considerations.
- Encouraging the development of wind
energy projects both on- and off-shore.
- Using "feebates" for the purchase of
new vehicles -- imposing fees on new vehicles with low fuel economy, and
issuing rebates to people who purchase high fuel economy
cars.
Professor Gerrard noted, “The Task
Force on Global Warming was mindful of the current recession. None
of our recommendations would be very costly to state or local
governments, and several would save them a good deal of money. We
hope to work with the Governor, his commissioners and the Legislature on
this critical issue. The time for action is now.”
The members of the Task Force on Global
Warming are:
Michael B. Gerrard
– Columbia Law School, Chair
David Driesen
– Syracuse Law School
Veronica Eady
Famira – New
YorkLawyers for the Public Interest
J. Kevin Healy
– BryanCave LLP
Katrina Kuh
– Hofstra Law School
Edward Lloyd
– Columbia Law School
Eileen Millett
– Gibbons PC
David Paget
– Sive Paget & Riesel PC
Virginia Robbins
– Bond Schoeneck & King PLLC
Patricia Salkin
– Albany Law School
James Sevinsky
– General Electric
James Van Nostrand – Pace
Energy and Climate Center, Pace Law School
For a full copy of the
preliminary Task Force Report, Taking Action In New YorkOn
Climate Change:
Report of the
New
YorkState Bar Association Task Force on Global
Warming, go to: http://www.nysba.org/globalwarmingtaskforcereport.
###
The 76,000-member New York State Bar
Association is the largest voluntary state bar association in the
nation. Founded in 1876, the Association’s programs and
activities have continuously served the public and improved the justice
system for more than 130 years.
| 
News Center
