Who Knew?

Pages22-22
Page 22 THE ENVIRONMENTAL FORUM Copyright © 2009, Environmental Law Institute®, Washington, D.C. www.eli.org.
Reprinted by permission from The Environmental Forum®, July/August 2009
noTice & commenT
“It is no longer a choice
between doing a bill or doing
nothing. It is now a choice
between regulation and
legislation.”
— Representative Edward
Markey (D-Massachusetts),
co-author of the House global
warming bill that was voted out
of the Energy and Commerce
Committee
up a lot of reserve cash
to provide for the risk of
the loans going bad. . . .
In late 1994, [J. P.
Morgan] pitched the
idea of selling the credit
risk to the European
Bank of Reconstruc-
tion and Development.
So if Exxon defaulted,
Exxon needed to
open a line of credit
to cover potential
damages of $5 billion
resulting from the 1989
Exxon Valdez oil spill. J.
P. Morgan was reluctant
to turn down Exxon,
which was an old client,
but the deal would tie
the EBRD would be on
the hook for it — and in
return for taking on the
risk, would receive a fee
from J. P. Morgan. Exx-
on would get its credit
line, and J. P. Morgan
would get to honor its
client relationship but
also to keep its credit
lines intact for sexier
activities. The deal was
so new that it didn’t
even have a name: even-
tually, the one settled
on was “credit-default
swap.”
— e New Yorker
Who Knew?
A Last Chance to
Save the Planet?
To limit climate change to two
degrees Celsius, which is be-
coming the new consensus position
on the maximum tolerable warming,
humanity must not burn more than
one fourth of the world’s remaining
coal reserves. at’s the conclusion
of two studies recently published in
Europe. “Humans must not emit
more than 1 trillion tonnes of carbon
into the atmosphere if we are to have
a 50:50 chance of limiting global
warming to two degrees,” as New
Scientist cogently put it. How long
will that take? One study predicts we
have 40 years, the other 20 years to
replace coal with a less-polluting en-
ergy source. “While a lot of oil and
natural gas can be burned, certainly
not much at all of coal reserves can,”
said one of the scientists.
So it is unfortunate that the
Waxman-Markey bill voted out of
the House Energy and Commerce
Committee favors coal over oil and
natural gas. “Under Waxman-Mar-
key, electricity distributors would get
the largest share [of free allowances],
with the rest divided between energy
intensive manufacturers, carmakers,
natural-gas distributors, states with
renewable-energy programs, and so
on,” according to e Economist. “Oil
f‌irms, with only 2 percent of the per-
mits, feel hard done by.” Duke En-
ergy, a power company with a large
f‌leet of coal-f‌ired plants, is “enthusi-
astic” about the bill.
Meanwhile, the news on climate
change continues to worsen with each
new study. Sea levels are rising twice
as fast as the United Nations thought
just two years ago. “e reason for
the rapid change in the predicted rise
in sea levels is a rapid increase in the
information available,” according to
e Economist. e dif‌ference is un-
derstanding of the Greenland and
Antarctic icecaps, which are melting
at an accelerating pace.
Rising sea levels threaten not only
coastal humanity, but also are swamp-
ing notions that we can adapt our
way around climate change. e Na-
tional Academy of Engineering has
concluded that no matter how well
they are built, f‌lood walls and levees
will not be able to save New Orleans
from another Katrina event. e en-
gineering panel made an interesting
distinction: existing f‌lood protection
measures are meant to ensure against
a hundred-year event. But in densely
populated areas, failure of the f‌lood
control system would be so cata-
strophic that it obliterates ordinary
risk calculations.
Meanwhile, another form of ad-
aptation took a hit when a group
of Indian and German researchers
attempted to sequester carbon by
geo-engineering — an expedition to
dump huge amounts of iron into the
Southern Ocean, where phytoplank-
ton would be stimulated, absorb car-
bon, and eventually drift down to the
seabed. But unfortunately the bloom,
although successfully created, turned
out to be a meal ticket for a type of
crustacean called copepods. ey ate
the plankton before it could accom-
plish its task.
In a recent interview in e Pro-
gressive, Rajenda Pachauri, chair of
the Nobel Prize–winning Intergov-
ernmental Panel on Climate Change,
had this to say when confronted with
the apocalypse upon us: “e west-
ern lifestyle will have to change.” Not
only must poorer countries f‌ind a
new development path, but western
countries themselves must alter their
lifestyles. Otherwise, catastrophic
temperature increases are likely. How
likely is such an increase? e 2007
report by the IPCC predicted a rise
from anywhere between 2 degrees C
to 6.4 degrees C this century. Some
scientists fear that we will reach 4 de-
grees C in only 40 years. “Tempera-

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