World court asked to rule on climate pollution

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Mar 30, 2023 View in browser   By Arianna Skibell Presented by Chevron A boy plays with a ball as his mother searches through the ruins of their family home in Vanuatu after Cyclone Pam tore through the South Pacific islands in 2015. | Dave Hunt-Pool/Getty Images The U.N. General Assembly passed a resolution this week that asks the world’s top court to weigh in on a high-stakes question: Can countries be sued under international law for failing to address the climate crisis? If the International Court of Justice answers “yes,” then super-polluting countries — like the United States and China — could be subjected to a spate of new, potentially viable legal claims, writes POLITICO’s E&E News reporter Sara Schonhardt. Both the U.S. and China declined to support the petition. And U.S. courts have historically given little deference to international decisions. The resolution, which passed without opposition Wednesday, was brought by the small disaster-prone Pacific island of Vanuatu, which was recently slammed by two back-to-back cyclones. What the resolution does: The resolution asks the International Court of Justice, based in The Hague, to determine whether governments are legally obligated to protect people from climate change-fueled hazards and, if so, what legal consequences nations should face for failing to do so. While an advisory opinion from the court would not be binding, the court has the power to clarify what any international law — not just climate or environmental ones — says with regard to climate change. That means, depending on what the court says, countries could be legally required to reduce planet-warming pollution under a suite of international doctrines (such as the Universal Declaration of Human Rights). Already, many countries are seeing a growing number of climate lawsuits that draw on human rights or international law. The court’s guidance could lead to even more. Although the United Nations adopted the resolution, there is no guarantee that the International Court of Justice, its main judicial body, will issue a sweeping opinion. It could say countries have no obligation to address climate change. But some legal analysts told Sara there’s a good chance the court takes a stronger position. Sitting this one out: The Biden administration has said that addressing climate change is a top priority for the United States. But it believes diplomacy, not an international judicial process, is the best way to tackle the crisis. Earlier this month, climate envoy John Kerry said on a press call that the United States had concerns about the resolution’s process and that Vanuatu was “jumping ahead” by going to the International Court of Justice. Still, more than 120 countries sided with Vanuatu and supported the resolution. The high court is expected to make a decision in the next one to two years.   It's Thursday — thank you for tuning in to POLITICO's Power Switch. I'm your host, Arianna Skibell. Power Switch is brought to you by the journalists behind E&E News and POLITICO Energy. Send your tips, comments, questions to askibell@eenews.net.   A message from Chevron: We’re working to help lower the lifecycle carbon emissions of transportation fuels. Find out how Chevron’s renewable diesel can help fuel the way to a lower carbon future.   Listen to today’s POLITICO Energy podcast Today in POLITICO Energy’s podcast: Wes Venteicher breaks down California Gov. Gavin Newsom's first-in-the-nation law that’s supposed to keep gas prices in the state under control. What to watch Patrick Semansky/AP Photo (Treasury); Alex Brandon/AP Photo (Biden); Keith Srakocic/AP Photo (electric car) The Biden administration is preparing to announce its most pivotal action to date in carrying out the president’s climate law — setting the rules for determining which kinds of electric cars and trucks can qualify for its $7,500 tax credits. The outcome will have huge implications for the fight against climate change, trade friction with Europe and President Joe Biden’s ability to wage a reelection campaign boasting that he created American clean energy jobs while making electric vehicles less expensive for consumers. Tanya Snyder and Hannah Northey put together POLITICO's guide to the upcoming announcement, featuring the most important issues to watch and what's at stake.   A message from Chevron:   Power Centers Sen. Joe Manchin (D-W.Va.) during a hearing last week. | Francis Chung/POLITICO Manchin is mad Sen. Joe Manchin of West Virginia has predicted that the Biden administration will interpret new restrictions on electric vehicle tax credits in ways that are too permissive and don’t align with the climate change law he helped write last year, writes Timothy Cama. “I think they’re going to try to screw me on this,” Manchin said of the Treasury Department’s forthcoming guidance. “And I’m willing to go to court. I’m willing to stop it all, because that’s not the intent.” Federal land conservation The Bureau of Land Management unveiled a sweeping draft rule Thursday that would fundamentally shift how the agency manages millions of acres of public lands, in response to the rapidly increasing impacts of climate change, writes Scott Streater. The proposed rule, which came weeks after the administration approved the Willow oil project on federal lands in Alaska, would apply land-health standards to all of the 245 million acres that BLM manages, instead of limiting them to federal livestock grazing allotments. The rule would also designate conservation as a formal use of public lands, on par with energy development, grazing and recreation. GOP moves energy package The House approved a massive energy and permitting package 225-204 on Thursday after a three-month sprint by the new Republican majority to cobble together dozens of legislative priorities, writes Jeremy Dillon. The package now heads to the Senate, where Majority Leader Chuck Schumer of New York said the legislation would be “dead on arrival.” Still, portions of the bill have a chance of forming the foundation for bipartisan negotiations on efforts to streamline permitting of energy projects. Read more from Josh Siegel here. Them's fighting words U.K. Chancellor Jeremy Hunt took a swipe at Biden's Inflation Reduction Act, saying the U.K. would not go "toe to toe" in “some distortive global subsidy race," writes Matt Honeycombe-Foster. It's not the first time a British Cabinet minister has taken aim at the U.S. plan. Business and Trade Secretary Kemi Badenoch told POLITICO last month the climate law won't help the U.S. counter the rise of China and could create a "single point of failure" in key supply chains. In Other News Hacked: Exxon Mobil's climate opponents were infiltrated by a massive hacking-for-hire operation. COP 28: The West agreed to pay climate reparations. That was the easy part.   GO INSIDE THE 2023 MILKEN INSTITUTE GLOBAL CONFERENCE: POLITICO is proud to partner with the Milken Institute to produce a special edition "Global Insider" newsletter featuring exclusive coverage, insider nuggets and unparalleled insights from the 2023 Global Conference, which will convene leaders in health, finance, politics, philanthropy and entertainment from April 30-May 3. This year’s theme, Advancing a Thriving World, will challenge and inspire attendees to lean into building an optimistic coalition capable of tackling the issues and inequities we collectively face. Don’t miss a thing — subscribe today for a front row seat.     Subscriber Zone A showcase of some of our best subscriber content. Wind turbines stand in the water off Block Island, R.I. | Michael Dwyer/AP Photo The Energy Department has released a detailed strategy for promoting offshore wind, as the budding industry faces pockets of opposition and braces for a looming supply chain crunch. Environmental justice groups that spearheaded the push for a landmark climate law in New York are at a pivotal moment as they fight to shape the funding program to achieve those ambitious targets. A pair of new laws coupled with new climate regulations give the U.S. a chance of reaching its 2030 climate targets, but a lot could go wrong between now and 2030. That's it for today, folks! Thanks for reading.   A message from Chevron: Renewable fuels can help lower lifecycle carbon emissions in industries around the world. At Chevron, we’re working to bring more renewable fuels to vehicles, today. Our renewable diesel can fuel trucks, trains, heavy-duty vehicles, and more, without requiring new equipment or infrastructure. The fuel—which is made with bio feedstock—has lower carbon intensity than regular diesel. It’s just one of the ways Chevron is committed to increasing our renewable fuel production, and fueling a lower carbon world. Find out more about our renewable diesel.     LISTEN TO POLITICO'S ENERGY PODCAST: Check out our daily five-minute brief on the latest energy and environmental politics and policy news. Don't miss out on the must-know stories, candid insights, and analysis from POLITICO's energy team. Listen today.       Follow us on Twitter Arianna Skibell @ariannaskibell   Follow us

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