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On the Environment

Monday, March 18, 2013
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Introducing “On the Environment”

By Susanne Stahl

The Yale Center for Environmental Law & Policy is a joint initiative between Yale Law School and the Yale School of Forestry & Environmental Studies, and we see a lot of interesting and inspiring people come through the doors of both schools throughout the course of a year.

These visionaries will stay a few days, give a lecture or two, and then be on their way again—sometimes with very little record of their visit, the insights they’ve shared, or the passion they’ve breathed into the community inspiring action, change, and possibility.

We launched On the Environment, a podcast series hosted by Center staff and students, to better document these visits and, most importantly, to invite the larger community into the conversation we’re having here about key issues in environmental science, law and policymaking.

The first six podcasts are linked below, but please keep your eye on the On The Environment iTunes or SoundCloud sites, because we will update frequently.

We hope you enjoy the podcasts and the speakers as much as we’ve enjoyed producing the series.

Episode 1: Marissa Knodel, a research assistant at the Center, visits with Andrew Guzman about his new book Overheated: The Human Cost of Climate Change, which explores the real-world consequences of climate change.

Episode 2: (part 1 and part 2): Marissa Knodel talks with Julian Aguon, a writer, activist and attorney, about his work on human and indigenous rights under international law.

Episode 3: (part 1, part 2, and part 3): Aaron Reuben, a Center research assistant, talks with Rolling Stone Contributing Editor Jeff Goodell about his work, the future of environmental journalism, and geoengineering.

If you have comments or suggestions, please don’t hesitate to contact us at .(JavaScript must be enabled to view this email address).

Posted in: Environmental Attitudes & BehaviorInnovation & EnvironmentEnvironmental Performance MeasurementEnvironmental Law & GovernanceEnergy & Climate
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US News Rankings Speak Highly of Joint Degree Program

By Josh Galperin, Associate Director

 

Every year U.S News & World Report ranks the best collages, graduate schools, and professional schools across the country. There is no place in this list for a program as unique as the masters degrees at the Yale School of Forestry and Environmental Studies (FES). This does not mean, however, that the rankings do not speak very highly of opportunities at FES.

For instance, FES offers—and the Yale Center for Environmental Law and Policy supports—a joint program for students of environmental law and policy. This program allows students to earn a law degree and a masters degree at the same time, rather than spending five years pursing the degrees independently.

This joint program is open to students attending FES as well as Yale, Vermont, or Pace law schools, and that is where U.S News comes in. This year the publication ranked Yale Law School as the nation’s top overall law program. Vermont Law School ranked as the top environmental law program, and Pace Law School ranked third in environmental law. These rankings highlight the great educational opportunity for students in the joint JD/FES program. Not only will students have access to the one-of-a-kind resources at FES, should they undertake the joint degree program, they will also have access to three of the best law schools in the United States.  

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Wednesday, March 13, 2013
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Webinar Recap: The Future of Oil and Gas Production in Colorado

By Guest Author, Bessie Schwarz, Yale School of Forestry and Environmental Studies '14

On Thursday, March 7, the Yale Center for Environmental Law and Policy invited Tom Hunt from the Colorado Energy Office (CEO) to present a webinar on “The Future of Oil and Gas Production in Colorado” as part of the Center’s ongoing Policy Workshop Webinar Series on Emerging Issues in Shale Gas Development. CEO, a department within the Governor’s office, oversees energy investments and facilitates the growth of the state’s energy market and industry.

In his presentation, Mr. Hunt discussed the history of oil and gas production in Colorado and the unique political and environmental considerations required for regulating recent growth in the state’s natural gas production, driven primarily by shale gas. Natural gas is a fast moving issue for Colorado, as the state looks to balance the large shale gas reserves now accessible through horizontal drilling and hydraulic fracturing with conventional fossil fuel sources and renewable energy, such as wind. As this energy landscape shifts, CEO faces difficult challenges from private citizens, advocates, local governments, and energy companies. Mr. Hunt touched on these many complexities in his presentation.

You can watch Mr. Hunt’s full presentation below, in which he discusses the role of shale gas in Colorado’s energy portfolio and how the state has approached regulation of the natural gas industry. You can also download his presentation slides separately here.

The Future of Oil and Gas Production in Colorado 3-7-13 1.00 PM from YCELP on Vimeo.

Colorado’s Changing Oil and Gas Landscape

Oil and natural gas exploration is relatively “ancient history” in Colorado. First discovered and tapped in the late 19th century, oil and gas production has followed a boom-bust cycle, but the economies of several of the state’s counties, as well as the broader state economy to a certain degree, depend on these energy resources. Traditionally, oil and gas production and drilling has been concentrated in only a few counties. Mr. Hunt highlighted two of these, Weld and Garfield counties, during his presentation.

But while Colorado has been an oil and gas producing state for many decades, the dynamics of natural gas production in the state are rapidly changing. Since 1999, production of both fuels in Colorado has been on the rise with oil growing 125% and gas 83%. In 2009, a hydraulic fracturing operation also first unlocked a large previously inaccessible reserve of natural gas. In the subsequent years, a hydraulic fracturing boom has increased both the intensity of gas production in Colorado and expanded this industry into new areas of the state. These new areas include some of Colorado’s most populated towns, including parts of the Denver metropolitan area. As oil and gas production has entered new communities, it has sparked debates and spurred staunch opposition from some citizens and towns dotting the state’s new gas regions.

Regulating Natural Gas Development

The changing field of oil and gas in Colorado has forced new considerations of benefits and concerns, regulatory options, and legal issues. Mr. Hunt explained that in its energy-planning role, his office must weigh the interests of all of the state’s 5 million residents and the long-term protection of the state’s economy and environment. A major factor in this debate is the fact that the oil and gas industry currently employs 40,000 workers in Colorado and is a major economic driver. For example, the state exports (sells) three quarters of the gas that it produces.

Responding to concerns about air quality, health, noise, water scarcity, threats to the state’s world-renowned open spaces, and other issues, Colorado has striven to become a national leader in the regulation of natural gas. For example, Mr. Hunt noted that almost half of the policy recommendations contained in the International Energy Agency (IEA)’s 2012 report “Golden Rules for a Golden Age of Gas” are taken from Colorado state rules. You can find the details of the IEA’s report here. Among the policies that Mr. Hunt highlighted are new rules for impact mitigation, safety buffers around residential areas, and transparent communication for operations. These rules require drilling buffers of 500 feet around residential areas and disclosure of hydraulic fracturing fluids, although with exemptions for companies wishing to protect fluid components as “trade secrets.” Future steps will include a new interstate partnership coordinating natural gas vehicle programs and investments as well as several air emissions studies.

Colorado’s current hydraulic fracturing regulations are largely the result of two hotly debated rulemakings in 2011 and 2012, which involved companies, stakeholder groups, and legislators.

Ongoing Questions for Natural Gas in Colorado

In the complicated future of natural gas production in Colorado, renewable energy and questions about local versus state jurisdiction over gas regulation are likely to take center stage.

Wind and solar energy are among Colorado’s rich natural resources, and while these clean energies have traditionally represented a small fraction of the state’s energy portfolio, wind in particular is a promising source of current and future revenue and energy. Colorado is ranked 10th in the country for wind production and is home to the North American offices of Vestas Wind Systems, the world’s largest wind company. To encourage growth in this industry, Colorado has some of the country’s strongest renewable energy policies including a Renewable Energy Portfolio, which diversifies the state’s energy and helps build toward a clean energy future. CEO is responsible for balancing renewable energy with natural gas, coal, and other energy resources.

As new communities in Colorado react to new gas production within their boundaries, local legal fights have begun to dominate the debate in Colorado as they have in many other states that are looking to regulate and develop their shale gas resources. Some of Colorado’s most politically conservative towns have enacted moratoriums to gas, including two bans in the last few months, but it remains unclear if towns and cities have the legal authority to adopt such protections under Colorado law. In recent years, some states including Pennsylvania have explicitly prohibited such actions by local authorities. In Colorado, the City of Longmont and more recently the City of Fort Collins have adopted hydraulic fracturing bans, and these measures are now battlegrounds in the state debate. Longmont is currently being sued by the Governor to overturn its moratorium.

Next Time in Emerging Issues in Shale Gas Development

The Emerging Issues in Shale Gas Development webinar series will pick up next with a presentation by reporters Scott Detrow and Susan Phillips on “The Community Impacts of Marcellus Shale Gas Development,” which will draw on their award-winning coverage of hydraulic fracturing in Pennsylvania as part of National Public Radio (NPR)’s StateImpact Pennsylvania series. Mr. Detrow and Ms. Phillips’s webinar will take place on Friday, March 29, from 12-1:30pm EDT.

To register for this webinar, please click here. As always, the webinar will be free and open to the public, but registration is required to participate.

Posted in: Environmental Law & GovernanceEnergy & Climate
Tuesday, March 12, 2013
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CITES: 40 Years of Successful International Cooperation

By Guest Author, Laura Johnson and Omar Malik, FES '13

Among the traffic jams, food vendors and bustling streets, visitors from around the world are gathering in Bangkok, Thailand to discuss international wildlife policies and conservation issues. This year marks the 40th anniversary of the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES, recently reaching 178 member countries, is the oldest multilateral environmental agreement and is generally regarded as one of the most successful examples of international cooperation on the environment.

CITES is well known in the international community as a comparatively quick and effective decisionmaking framework. This is due in part to the requirements of a two-thirds majority for the adoption of a proposal. Others treaties are not as straightforward. For example, the United Nations Framework Convention on Climate Change (UNFCCC) requires a consensus among countries, often resulting in lengthy debates that may span several years before coming to a decision. This was evident at the 18th UNFCCC Conference of the Parties (COP18) in 2012, when countries finally agreed to a decision that was supposed to have been adopted at COP17 in 2011. Even then, this was only an agreement to reach consensus on the creation of a new treaty by 2015.

The two treaties also differ in terms of implementation. Depending on the threat to a species from international trade, member countries to CITES may propose a species listing on one of three appendices, ranging from voluntary precautionary management at the national level to mandatory international trade controls. By comparison, the outcomes of UNFCCC involve aspirations to change domestic economic energy and transportation structures, implement carbon control measures and work towards adaptation and mitigation targets.

As two researchers from the Yale Center for Environmental Law & Policy (YCELP), and students at the Yale School of Forestry and Environmental Studies (FES), we are witnessing the quick and effective environmental policymaking of CITES in action at this sixteenth meeting of the Conference of the Parties (CoP16). It’s a chance to see how important conservation messages, after building upon citizen support and scientific understanding, are moved through the system from stakeholders to policymakers to become a part of the global policy agenda. (Our colleagues who attended the 18th Conference of the Parties to the UNFCCC this past year in Doha, Qatar witnessed quite a different process.)

Several major topics are on the CoP16 agenda, including the protection of elephants and sharks and strategies for reaching global environmental sustainability goals.

The conference opened with strong support for elephant protection from the Prime Minister of Thailand, Yingluck Shinawatra, which she described as an integral part of Thai culture. Elephants have been a recurring theme in the CITES negotiations, as ivory trade continues to increase and populations become more threatened. Other distinguished visitors expressed their support, including UN Environment Programme Executive Director Achim Steiner and Prince William, who sent in a personal video message on the urgency of elephant conservation. They also mentioned the explicit need to guard against shark exploitation – which is where we come in.

Last month, we helped organize a symposium on shark conservation at FES with classmates Leah Meth and Onon Bayasgalan as part of a course on international organizations and conferences. Leah and Onon are also the driving forces behind the related Shark Stanley campaign – which is itself part of a broader effort to gain support for the protection of shark and manta ray species at CoP16.

The Shark Stanley campaign is an example of the behind-the-scenes efforts to achieve new legal standards in the international community. In conjunction with our work at YCELP, our involvement at CoP16 has taught us how important CITES is as a tool for successfully managing the Earth’s valuable species and ecosystems.

Sunday’s opening ceremony included several statements on the need for following through on the aspirations put forward at the 2012 Rio+20 conference relating to the Sustainable Development Goals. To this end, CITES has served as a promising platform for agendas on natural resource conservation, and it also has provided a collection of lessons learned that can be applied to other efforts towards global sustainability. The success of CITES is undoubtedly due to its ability to enable action on international commitment. As described by Secretary-General John E. Scanlon, CITES “stands out,” and the decisions made at CoP16 will “find their way into legislation, regulation, and operating practices across the globe.” 

Posted in: Environmental Law & Governance
Monday, March 11, 2013
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Interview with Dr. Garvin Heath on Shale Gas and Climate Change

By Bruce Ho

On Tuesday, March 5, I caught up with Dr. Garvin Heath, a senior scientist at the U.S. Department of Energy’s National Renewable Energy Laboratory (NREL), to discuss research that he recently completed on the lifecycle greenhouse gas emissions from shale gas produced from Texas’ Barnett Shale. 

Dr. Heath’s research is part of the same Joint Institute for Strategic Energy Analysis (JISEA) report on “Natural Gas and the Transformation of the U.S. Energy Sector: Electricity” that his NREL colleague Jeffrey Logan discussed as part of the Yale Center for Environmental Law and Policy’s Policy Workshop Webinar Series on Emerging Issues in Shale Gas Development last month. Dr. Heath’s work also provides additional perspective and data on the shale gas-climate change links that Environmental Defense Fund scientist Dr. Ramon Alvarez discussed with our Center in his webinar last fall.

You can listen to my interview with Dr. Heath and view some slides that he prepared on his research below. You can also download his slides separately from the interview here.

Garvin Heath Interview from YCELP on Vimeo.

As Dr. Heath notes in the interview, some key findings from his research include:
  • Lifecycle greenhouse gas emissions from electricity generated using gas produced from Texas’ Barnett Shale in 2009 were comparable to the lifecycle emissions estimated for electricity generated using conventionally produced natural gas (i.e., shale gas from the Barnett appeared to be no worse for the climate than conventionally produced gas).
  • 10-20 percent of shale gas’ lifecycle greenhouse gas emissions occurred prior to gas combustion at power plants, and these pre-power plant, upstream emissions were evenly split (in global warming-normalized “carbon-dioxide equivalent” terms) between methane leakage and upstream carbon dioxide emissions from gas “beneficially used” in the supply chain to run compressors and other equipment.
  • Many of these upstream emissions could potentially be eliminated, such as by reducing or preventing methane leakage or improving equipment efficiencies to reduce the amount of gas that must be combusted to run upstream equipment.
  • There are still significant uncertainties in shale gas’ lifecycle greenhouse gas emissions due to data gaps and uncertainties in areas such as the actual gas-use efficiencies of upstream equipment, which are based on relatively limited data sets.
  • Additionally, there remain problems in matching the results from “bottom-up” lifecycle analyses, such as the one performed by Dr. Heath for the JISEA report, with those from “top-down” atmospheric measurements, which find methane concentrations that are significantly higher than the bottom-up analyses would suggest. These atmospheric measurements, which tell us the true levels of methane present, suggest that methane leakage from shale gas (and conventional gas) may be higher than we know, though researchers have not yet been able attribute this atmospheric methane to specific, on-the-ground sources (i.e., individual gas wells or other sources).

To learn more about this research and that of Dr. Heath's colleagues, you can download the full JISEA report here. In addition to Dr. Heath’s lifecycle emissions assessment (Chapter 1 of the report), the JISEA report also includes information on shale gas development’s legal and regulatory frameworks (Chapter 2; see also Professor Hannah Wiseman’s webinar from last December), water-related practices (Chapter 3), and electric power futures (Chapter 4; see also Jeffrey Logan’s webinar on this chapter from last month).

Posted in: Environmental Performance MeasurementEnvironmental Law & GovernanceEnergy & Climate
Friday, March 01, 2013
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What’s in a name? That which we call ‘PM2.5,’ China doesn’t

By Guest Author, Angel Hsu, Project Director, Environmental Performance Index & William Miao, Yale School of Forestry & Environmental Studies '14

The official Chinese media reported this week, China’s National Committee for Terms in Sciences and Technology has been meeting to standardize a Chinese name for “PM2.5,” a harmful air pollutant that has negative human health effects. While PM2.5 is the scientific nomenclature for fine particulate matter that has a diameter of 2.5 microns or less, there was no consistency with which it was referred to in the Chinese media and academic reports. Instead, mixed references to PM2.5 as “particulate matter in the lungs” (keru feikeliwu), “fine particulate matter” (xi keliwu), “fine particles” (xi lizi), and “ultrafine particles” (chaoxi keliwu) have created enough confusion for the government to look into the (fine) matter.

Chinese netizens have chimed in as well, with suggestions on what the Chinese term for PM2.5 might be, ranging from the scientific to the sarcastic to the downright skeptical. On Sina Weibo and pointed out by a blogger on China Offbeat, netizens have sarcastically suggested “China good particles” (zhongguo hao keli), “Breathing Pain,” “Life 25% Shorter Index,” “Standing Right in Front of You But You Cannot See Me Index.” Some of the more creative names with political undertones include “harmony particle” (a pointed jab at China’s censorship of sensitive issues), “pimin 2.5” (PiMin, the same initials as ‘PM’ refers to citizens who have been treated poorly by their government), and “peiming 2.5” (payment of life 2.5). 

As PM2.5 has already become a household name in China (see this advertisement for a PM2.5-themed rock concert in Beijingand this argument by a Chinese newspaper that PM2.5 is actually better known), it may not be necessary for the government to come up with its own moniker to fit Chinese-specific conditions.  We’ve seen how politically-controversial naming can be. Until the term ‘PM2.5’broke into mainstream Chinese media and consciousness, poor air quality days and haze were often referred to as “fog” (wu) or “haze” (wumai) in Chinese, which had the effect of downplaying the role of anthropogenic contribution and instead connotes weather and climactic-related factors instead. Though the latter do undoubtedly play a part in Beijing’s poor air quality, calling pollution “fog” has underplayed the reality of air pollution’s role in causing the “haze” shrouding the city.

For now, at least, it seems that the government has decided on “fine particles” (xi keliwu) for the Chinese name of PM2.5.

***

Angel Hsu is a doctoral student at the Yale School of Forestry and Environmental Studies and project manager of the 2012 Environmental Performance Index.

William Miao is a first-year Master of Environmental Management (MEM' 14) candidate at the Yale School of Forestry and Environmental Studies. His research focus is on the application of integrated environmental tools and frameworks at corporate, industrial, and national levels. Originally a chemical engineer from Auckland, New Zealand, his previous work involved risk management for oil and gas production, waste to energy research, and life-cycle assessment for the steel industry.

Posted in: Environmental Performance MeasurementEnvironmental Law & GovernanceEnergy & Climate

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