World News
| Author | Cari Shiffman |
| Position | JD candidate, May 2007, at American University Washington College of Law |
| Pages | 24 |
Page 67
Cari Shiffman is a JD candidate, May 2007, at American University Washington College of Law and an MA candidate, December 2007, at American University School of International Service.
South Africa recently joined a partnership with India, the United States, China, Brazil, and the European Union to explore the production and development of biofuel options. 1 In addition to its involvement in this alternative energy partnership, the South African government has approved a "Draft Biofuels Industry Strategy." 2 The goal of this strategy is for biofuels to eventually make up 75 percent of South Africa's renewable energy supply. 3 Maize, sugar, soya beans, sunflowers, and other similar crops will be harvested to create the biofuels. 4 However, some critics have decried the use of such traditional foods that are needed for "food security" in South Africa. 5 Still, some commentators laud the push for biofuels, suggesting that the biofuel market will actually increase food security in South Africa.
The use of biofuels for renewable energy is already occurring in some regions of South Africa. For example, the government in South Africa's Eastern Cape is undertaking a project to create a biofuel industry in the region. 8 The biofuel would be produced mainly from canola crops, as well as sugarbeet, combined with diesel or ethanol fuels. 9 Several billion rands will be invested in the project to grow the crops and to synthesize the biofuel. 10
In a landmark case on global warming, Massachusetts v. EPA , 11 the U.S. Supreme Court, in a 5-4 decision, ruled that the Environmental Protection Agency ("EPA") violated the Clean Air Act ("CAA") by failing to regulate greenhouse gases from motor vehicles. 12 In 1999, several groups petitioned the EPA to "regulate 'greenhouse gas emissions from new motor vehicles under 202 of the [CAA].'" 13 After the EPA declined to pursue the rulemaking, Massachusetts and several other state and local governments brought suit against the EPA. 14
Justice Stevens, writing for the majority, began the opinion by asserting "[a] well-documented rise in global temperatures has coincided with a significant increase in the concentration of carbon dioxide in the atmosphere." 15 The Court held that the states did have standing to sue. 16 It further reasoned that the EPA did have the authority to regulate greenhouse gas emissions for vehicle emissions, 17 and by only providing a "laundry list of reasons not to regulate," 18 the EPA violated the CAA's statutory mandate. 19 The Court additionally ruled that the greenhouse gases, such as carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons, are air pollutants under the CAA, despite the EPA's argument to the contrary. 20 The majority held that the EPA may not decline to regulate greenhouse gas emissions under the CAA, unless it provides a "reasoned explanation." 21 Chief Justice Roberts, in a dissenting opinion, lamented that the Court should have never found standing for Massachusetts and the other states. 22
Environmental groups hope that the opinion will push the U.S. government into action to support climate change mitigation measures. 23 Even since the Supreme Court decided to hear the case in mid-2006, there has been an emergence of state and Congressional plans to curb greenhouse gas emissions. 24 Many industry groups have also sought to create laws to limit greenhouse gas emissions. 25
The Singapore government recently announced plans to invest U.S. $250 million over the next five years in clean energy. 26 The government aims to become a leader in clean energy-a "global green energy hub" 27 -with its investment in clean energy technologies, through research and development projects. 28 It further hopes that its focus on clean energy will attract groups to Singapore wishing to develop clean energy projects. 29 The clean energy projects, driven in part by the rising price of fuel, 30 will include, for example, solar panels, biofuels, fuel cells, and wind power. 31 Solar power is especially important for some segments of the Singapore population, and other Southeast Asians, that live off-the-grid, i.e. in areas that are not served by traditional power lines. 32 Singapore plans to launch the project by utilizing clean energy in several government buildings. 33 Furthermore, a fuel cell car prototype is already being tested in Singapore. 34
The government plans to carry out its clean energy plans by attracting businesses to Singapore, investing in domestic clean Page 68 energy research, and by exporting its new technologies globally. 35 Singapore's push for clean energy technology will also create over 7,000 new jobs, and in less than ten years account for approximately 0.6 percent of Singapore's GDP. 36 Singapore's decision to heavily invest in green energy technology compares with worldwide investment of U.S. $63 billion dollars in clean energy in 2006. 37
In line with Portugal's bid to invest in renewable energy projects, 38 the country began operating a major solar power plant in the southern town of Serpa that will be able to serve 8,000 homes. 39 Portugal also plans to build an additional solar power plant in Moura, a town neighboring Serpa. 40 Recognizing the need to cut down on greenhouse gas emissions, over 77 percent of the Portuguese population supports the move towards increased solar power. 41
The utilization and acceptance of solar technology signals a step towards Portugal's push for renewable energy to make up 45 percent of all of its power usage by 2010; 42 an important move as Portugal's greenhouse gas emissions have increased almost 37 percent since 1990. 43 Portugal also has a regional obligation because it takes part in the European Union "burden sharing" agreement, where the EU member States collectively seek to reduce their greenhouse gas emissions under the Kyoto Protocol to the United Nations Framework on Climate Change. 44 To further reduce their emissions, Portugal is also pursuing other renewable energy projects such as wind power and biomass plants. 45
The Organization of Petroleum Exporting Countries ("OPEC"), which includes many countries in the Middle East, as well as Africa, South America, and Southeast Asia, has indicated its support of exploration of climate change mitigation options.
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Endnotes
[1] Forum Launched to Promote Bio Fuel, PRESS TRUST INDIA, Mar. 3, 2007.
[2] Moyiga Nduru, South Africa: Fuel in the Car at the Expense of Food on the Table?, IPS, Mar. 31, 2007, available at http://ipsnews.net/africa/nota.asp? idnews=37173 (last visited Apr. 3, 2007).
[3] Nduru, id.
[4] Nduru, id.
[5] Nduru, id.
[6] Lucky Khumalo, South Africa: Govt Plans to Establish Bio-Fuels Industry in Eastern Cape, BUANEWS, Mar. 8, 2007, available at http://www.buanews.gov. za/view.php?ID=07030809451003&coll=buanew07 (last visited Apr. 3, 2007).
[7] Khumalo, id.; Nduru, supra note 2.
[8] Khumalo, supra note 6.
[9] Khumalo, supra note 6.
[10] Khumalo, supra note 6.
[11] Massachusetts v. EPA, No. 05-1120, 2007 WL 957332 (U.S. Apr. 2, 2007).
[12] See Massachusetts v. EPA, id.; Robert Barnes & Juliet Eilperin, High Court Faults EPA Inaction on Emissions, WASH. POST, Apr. 3, 2007, at A1.
[13] Massachusetts v. EPA, 2007 WL 957332, at *8.
[14] Barnes & Eilperin, supra note 12, at A1.
[15] Massachusetts v. EPA, 2007 WL 957332, at *6.
[16] Massachusetts v. EPA, id. at *14-*17.
[17] Massachusetts v. EPA, id. at *18; Linda Greenhouse, Justices Say E.P.A. Has Power to Act on Harmful Gases, N.Y. TIMES, Apr. 3, 2007, at A1.
[18] Massachusetts v. EPA, 2007 WL 957332, at *20.
[19] Greenhouse, supra note 17, at A1.
[20] Massachusetts v. EPA, 2007 WL 957332, at *10, *18.
[21] Massachusetts v. EPA, id. at *21.
[22] Greenhouse, supra note 17, at A1.
[23] Barnes & Eilperin, supra note 12, at A1.
[24] Barnes & Eilperin, supra note 12, at A1; Greenhouse, supra note 17, at A1.
[25] Greenhouse, supra note 17, at A1.
[26] Koh Gui Qing, Singapore to Spend US$230 Mln on Clean Energy Research, REUTERS, Mar. 27, 2007, available at http://www.planetark.org/dailynewsstory. cfm/newsid/41093/story.htm (last visited Apr. 1, 2007); Janice Heng, $350m Funding Over Next 5 Years for Clean Energy Hub; New Setup to Implement R&D and Pilot Projects in Green Solutions, BUS. TIMES SINGAPORE, Mar. 27, 2007.
[27] Erica Tay, S'pore Aims to be Key Player in Green Energy Push; $350m Blueprint Encompasses R&D, Nurturing firms and Exporting Markets, STRAIGHT TIMES, Mar. 27, 2007 [hereinafter Tay, Green Energy Push].
[28] Heng, supra note 26.
[29] Heng, supra note 26; Gui Oing, supra note 26.
[30] Valerie Tan, EDB to Pump S$350m to Develop Singapore's Clean Energy Industry, CHANNEL NEWSASIA, Mar. 26, 2007, available at http://www.channel newsasia.com/stories/singaporelocalnews/view/266500/1/.html (last visited Apr. 2, 2007).
[31] Erica Tay, The Economics of Eco Power, STRAIGHT TIMES, Mar. 30, 2007 [hereinafter Tay, Economics]; Tay, Green Energy Push, supra note 27.
[32] Tay, Economics, supra note 31; Tan, supra note 30.
[33] Tay, Green Energy Push, supra note 27.
[34] Tan, supra note 30.
[35] Tay, Green Energy Push, supra note 27.
[36] Gui Oing, supra note 26.
[37] Tay, Economics, supra note 31.
[38] Renewable Energy: Portugal to Invest 8.1B to Develop Projects, GREENWIRE, Mar. 23, 2007 [hereinafter Renewable Energy].
[39] Reuters, Major Solar Power Plants Opens in Portugal's South (Mar. 28, 2007), available at http://www.reuters.com/article/scienceNews/ idUSL2849214220070328?feedType=RSS (last visited Apr. 1, 2007) [hereinafter Reuters, Major Solar Power Plants].
[40] Reuters, Major Solar Power Plants, id.
[41] Elma Peters, GE Invests, Delivers One of World's Largest Solar Power Plants, Harnessing Portugal's Sunshine, PowerLight's Technology, BUSINESS WIRE, Mar. 28, 2007.
[42] Renewable Energy, supra note 38.
[43] Reuters, Major Solar Power Plants, supra note 39.
[44] EUROPEAN COMMISSION, EU ACTION AGAINST CLIMATE CHANGE: EU EMISSIONS TRADING - AN OPEN SCHEME PROMOTING GLOBAL INNOVATION 3 (2005), available at http://europa.eu.int/comm/environment/climat/pdf/emission_ trading3_en.pdf (last visited Apr. 3, 2007).
[45] Renewable Energy, supra note 38.
[46] Jeff Mason, OPEC Frets Over Climate Change, Looks to Carbon Capture, REUTERS, Mar. 3, 2007, available at http://www.planetark.org/dailynewsstory. cfm/newsid/40900/story.htm.
[47] Mason, id.
[48] Mason, id.; CLIMATE: OPEC Members Want Carbon Capture Technology to Succeed, Group President Says, GREENWIRE, Mar. 16, 2007 [hereinafter OPEC Members].
[49] OPEC Members, supra note 48.
[50] Badri Sees Climate Change as OPEC Challenge; New OPEC Chief Stresses Need for Carbon Capture and Storage, PLATTS OILGRAM NEWS, Mar. 5, 2007, at 1 [hereinafter OPEC Challenge].
[51] OPEC Challenge, id.
