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Richard Finkmore eco-blogs:

 

Professor Finkmoore is a Professor of Law at California Western School of Law, where he specializes in both U.S. and international environmental and natural resources law.

He graduated from Stanford University (Phi Beta Kappa) and Stanford Law School. After graduation, he clerked for a justice of the Washington Supreme Court. Professor Finkmoore practiced law for ten years, first as an assistant attorney general for the State of Washington, and later as partner in a law firm handling a variety of civil matters, including environmental cases.

Since joining the California Western faculty in 1988, Professor Finkmoore has performed pro bono work for Defenders of Wildlife, and has taught at the National Judicial College and as a visiting professor at the University of California, San Diego.

Most recently, he is the author of Environmental Law and the Values of Nature (2010).

Go here for Proyecto ACCESO program Ecoacceso

See here for Profesor Finkmore posts and articles at the California Western School of Law website

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U.N. climate change meetings in Cancun:
First blog post, Friday, Dec. 3, 2010: the day before departure

On Monday of this week, the United Nations Climate Change Conference opened in Cancun, Mexico. This annual gathering is at the center of the international community’s efforts to combat global climate disruption. Because the nations of the world have made little progress on climate change in recent years, the stakes at the Cancun negotiations are high.

I will travel to Cancun this weekend to attend five days of meetings and events during the second week of the conference, which concludes on December 10. In addition to the official meetings of diplomatic delegations from more than 190 countries, approximately 250 “side events” provide opportunities to hear from U.N. officials, government representatives, and members of non-governmental organizations including business and environmental groups on a wide variety of climate topics. I have planned a full schedule of very interesting side events, including a field trip to a tropical forest south of Cancun, and will report on those in future posts to this blog.

From a legal perspective, there are two forums in which nations discuss, negotiate, and make decisions at Cancun. These bodies are roughly similar to a corporation’s board of directors. One is known as the Conference of the Parties (or COP) of the U.N. Framework Convention on Climate Change. Virtually every country in the world -- 194 nations in all -- are parties to this treaty. The other is the Conference of the Parties serving as a Meeting of the Parties to the Kyoto Protocol (or CMP) which includes 193 nation members, that is all the world’s countries except the United States. The annual meetings of these two bodies are numbered sequentially, so that Cancun is host to COP-16 and CMP-6. The two institutions meet during the same period to save money and improve coordination between them.

In 2007, COP-13 in Bali, Indonesia, set the Copenhagen COP in December 2009 as the deadline for a comprehensive agreement to strengthen the existing treaties and establish binding limits on greenhouse gas emissions following the expiration of much of the Kyoto Protocol in 2012. This goal was not achieved in Copenhagen, which was widely considered a disappointing conference. The Bali negotiating mandates were then extended until the Cancun conference.

But in the year since Copenhagen, little has changed. The largest developed and rapidly developing nations have been unwilling to compromise on the most important issues, such as sharing emissions reductions by broadening and extending the Kyoto Protocol. A major setback has been the unwillingness of the U.S. Senate to even consider legislation establishing a cap on emissions that harm the atmosphere. Therefore, expectations for the Cancun negotiations are limited. An informative New York Times article describes the prospects at the beginning of the current talks:
http://www.nytimes.com/2010/11/30/science/earth/30cancun.html?_r=1&ref=globalwarming

In my next blog post, I will describe the issues on which important progress can be made in Cancun. In the meantime, we should keep in mind that while governments put off the hard decisions, the world continues to warm and experience the early consequences of climate disruption. The most recent report of the World Meteorological Organization, issued yesterday, provides further confirmation of what all credible scientists have been telling us: we must act now on climate change.:http://news.yahoo.com/s/ap/20101202/ap_on_sc/climate

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U.N. climate change conference in Cancun
Second blog post, Tuesday, Dec. 6

My trip to the site of the U.N. climate change meetings and negotiations went smoothly. I arrived at the Cancun International Airport in the late afternoon on Sunday, Dec. 5. Clearing immigration was quick, a first indication that Mexico was prepared to host the over 10,000 people who are attending the conference. (Leaving the airport in a shuttle bus, I noticed an establishment located at the airport on the front sidewalk named the Welcome Bar, with a large sign reading “Beer To Go” – not something you’d see at Lindberg Field.)

On the way to what’s known as the Hotel Zone, we passed several fairly large contingents of Policia Federal. Most of the men were in military camouflage and carried automatic rifles (maybe AK-47s?). They weren’t carrying the guns casually but with a firm grip using both hands, and appeared ready to point them in an instant. The taxi driver confirmed that the Policia were here just for the “COP,” as everyone here properly calls the U.N. Conference of the Parties under the climate treaty. (I read that Mexico has stationed some kind of military ship very close to the shore here, though I haven’t seen it. Maybe in case an evacuation was necessary? Or would they storm the beach if terrorists showed themselves?) I wasn’t sure if I should feel more secure because the military policia were present – or less secure because there must be some reason they’re here.

Now that I’ve traveled to different venues in Cancun in the last two days, I would say security is moderately tight – for example, you must have a certain badge to be allowed entry to some locations and the security personnel check them carefully – but not at all overly restrictive.

My hotel turned out to be quite nice, better than I expected when I compared prices with some of the other official conference hotels. Its architecture is very angular, reminiscent of a Mayan Pyramid I think. The photo of the main lobby gives you some idea.

I’ve been delayed in getting this blog post sent because of some difficulties in getting internet access on my first full day here, and also because I spent virtually all of Monday and Tuesday in meetings and presentations. For me, there is so much useful information to soak up, from people who are both expert and participants in the actual functioning of national and international climate change institutions. One photo here show the hallway outside some of the meeting rooms lined with kiosks of different participants and a second is the inside of a typical room as the presentation was about to begin.

On Monday, I attended a presentation by the U.N. High-Level Advisory Group on Climate Finance, one on Experiences in Carbon Dioxide Capture and Storage (CCS), one on the current state of energy policies and how to move to rational policies, and another panel on the U.S. EPA’s move to regulate greenhouse gases in the incredible absence of congressional action on climate change. I’ll elaborate on the content of these and other meetings in a post tomorrow, in particular on the financing issue which is prominent in the discussions of the political leaders here.

With respect to the key political negotiations occurring at the huge and very secure Moon Palace, scores of government ministers arrived over the past weekend. So COP-16 has moved to the crucial “high-level” phase. No decisions during the ministerial are likely until the final hours of the conference on Friday. But the sense in the hallways is cautiously hopeful. It appears that the nations that came to Cancun are interested in finding agreement on some key issues through compromise. And that’s all to the good.

 

 

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U.N. climate change conference in Cancun
Blog post for Wednesday, December 8

My plans for today changed when I checked my email in the morning. I found out about a special event I hadn’t heard about before, featuring some very distinguished participants. But first some background.

In years past, I believed forests were special places – habitats for wildlife, sources of water, scenic beauty, places of quiet, places for reflection and connection – best experienced by hiking or backpacking. But recently forests have become valued for another reason. Now governments working to avoid the worst consequences of climate change, both countries with large tropical forests and the industrialized countries of “the North,” are focused on another key value of forests – as reservoirs of carbon, safely stored in trees rather than the atmosphere.

Earlier this year I spoke at a joint California Western-UCSD conference on the Amazon, which I knew little about. But in preparing for my talk, I learned about an emerging international program called REDD-plus (Reducing Deforestation and Forest Degradation in Developing Countries). The issues raised by REDD-plus are quite complex, but it can be concisely described as developed countries paying billions of dollars to developing countries to protect much of their remaining forests. Many people are not aware that deforestation represents about 17% of total worldwide CO2 emissions. So reducing deforestation is critical to achieving climate stabilization.

REDD-plus (or REDD+) has been one area in which the U.N. climate negotiations have made considerable progress in the last two years, but key details remain to be decided. This has been one of four or five areas in which the participants in COP-16 here in Cancun were hopeful that a final agreement could be reached. So, in choosing side events to attend I have opted for many which involve REDD-plus.

Thus, I was excited when I saw in my in box the announcement of a program on Wednesday, December 8 entitled “Advancing REDD+: New Pathways and Partnerships” at a hotel down the street (but it’s a long street lined by scores of hotels. I appeared at the hotel, the JW Marriott, which was very impressive and extremely luxurious, suitable for the rich and famous. In the crowded and chaotic hallway outside the meeting room, I waited in various lines to get registered for the event room with over 500 other people.

Why was this gathering in such demand?

Well, the presenters were quite an impressive group. The speakers included former US Senator and current president of the United Nations Foundation Tim Wirth. Also speaking was the Prime Minister of Norway, whose country has contributed US $ 1 billion to protect forests in developing countries because, as he said, it’s “the largest, fastest, and cheapest way” to reduce CO2 emissions. George Soros, the multi-multi-billionaire financier, currency trader, and philanthropist -- interestingly enough – talked about peat lands, where thousands of years of carbon have been deposited in the soil up to twenty-five feet deep, and deforestation causes the peat to oxidize (or even catch on fire as happened in Russia this summer) releasing gigantic amounts of carbon. The loss of peat soils is why Indonesia, not a developed country, is now the third largest emitter of carbon in the world, behind the U.S. at number 2 and China at number 3.

The President of Guyana perhaps stole the show when he very bluntly, in perfect English, said in effect, “We have set aside virtually all of our forests, nearly the entire country, to do what the industrialized world is asking and preserve forests as storehouses of carbon. We have done that, and our forest program has been thoroughly audited, monitored and verified by the relevant international bodies. But we have not yet received any of the promised money! If I can’t get the money that was promised, I can’t show my citizens that our sacrifice (stopping industrialized deforestation) has benefits, I can’t be elected again and I can’t continue to support REDD-plus.” He said several times, “I can’t get the money!” that was promised.

Also presenting was the Director of the U.N. Environment Programme, Achim Steiner. Jane Goodall sent a video message of support for REDD-plus and the rights of the indigenous peoples who have lived in and used the forests for centuries. Rob Walton, the chairman of Walmart, the largest publically-traded company in the world, talked about its emphasis on sustainability in every phase of their business, notably in the supply chain and in sustainably sourced products (e.g. beef from Brazil procured only from sustainably run ranches).

Other prominent people spoke, too many to list here. Of particular note were the remarks by President of the World Bank who has strongly promoted the conservation of biological diversity, and who seemed genuinely personally committed to that effort. Lastly, the Secretary-General of the United Nations, His Excellency Ban Ki-moon, emphasized the many benefits of REDD-plus, saying, “The world needs examples of climate solutions that work.” Wearing a traditional shirt given to him by the Governor of the Mexican State of Chiapas (who was also on the program), Ban Ki-moon was very clear and direct: “The world is becoming discouraged at the lack of progress” in climate negotiations. “We must seize the momentum here to generate and solidify progress.” He received an enthusiastic standing ovation from an audience which is trying hard – often despite powerful forces -- to maintain hope for our planet.

This was a pretty exciting event and significant because of its demonstrated that many people in high positions strongly support REDD-plus and tropical forest conservation. And it’s not every day that you’re in the same room as the Secretary-General of the United Nations.

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U.N. climate change conference in Cancun
Blog post for Thursday, December 9

Today promised a nice change of pace, a chance to get out of meeting rooms and into the local environment. I took a field trip to the Much’ Kanan K’aax forest, a three-hour bus ride south from Cancun. In Mayan, the name of the forest means "together we take care of the jungle." This 3000 acre forest reserve is a pilot forest carbon offset project under REDD-plus, the climate change program which was briefly described in an earlier blog post.

Much’ Kanan K’aax is a fairly unique community reserve protecting part of the Mayan Forest through a variety of conservation, development and reforestation activities. Community governance of this forest resides in the local ejido of Felipe Carrillo Puerto, which is also the name of the nearby town. Ejidos originated in the agrarian land reform process following the Mexican Revolution (1910-1918) and is one of two forms of community governance regulated by laws derived from ancient indigenous roots. Under this system, assemblies of legal rights holders democratically elect community leadership for three-year terms. It is this group which has determined how to both protect and use the Much’ Kanan K’aax tropical forest employing modern methods of sustainable management. The reserve leaders are assisted by the staff of U’yo’ol Che, a local non-governmental organization headed by a Sebastien Proust, a Frenchman.

On a global scale, deforestation in tropical countries contributes about 15% of total CO2 emissions, more than the entire transportation sector, including all motor vehicles, trains, airplanes, ships, etc in the world. The forest that I visited contains two large conservation areas and several reforestation areas. Conservation of forest cover sustains stocks of carbon, and restoration using native species increases the capacity for carbon capture and storage. Sustainable timber harvesting creates wood products that store carbon for long periods of time and generates economic incentives for the local community to permanently conserve the forest.

We hiked in the jungle to see first hand how the protected areas were managed, which is only by selective cutting of very small trees to let in more light so other trees may grow larger. We also walked into an area set aside for carbon storage and learned how the community was being trained to accurately measure the amount of carbon held in their forest. This carbon offset project is the first to be developed on the Yucatán Peninsula.

After five years of preparation, the forest managers plan to have part of this forest certified soon as a REDD-plus project which will allow the sale of carbon credits on national and international markets. In fact, the money we paid for the field trip will be used to pay for the cost of REDD-plus certification.

In the heart of this jungle reserve, the community has created an ecotourism center called Siijil No Ha. This is a very small rustic village next to a sizable lake. We ate a lunch of traditional Mayan dishes In a large room without walls under a palm thatched roof. I spent quite a bit of time after lunch talking with a young Mexican woman who leads a project for the NGO to encourage the use of a standardized fuel-efficient stove for cooking. She explained how for centuries indigenous women cooked using a small fire surrounded by three large rocks which supported the cooking pan. The traditional method, she said, uses about 15 sticks of wood to cook a meal, while the newer cement stove requires only seven sticks. However, the Mayan Indian women were very reluctant to adopt the new stove because they're used to squatting on the ground to cook, and think it’s quite strange to cook standing up.

All in all, it was a fascinating day. We learned how one local community was working with the dedicated staff of an NGO to provide benefits to the indigenous population – primarily from the sale of carbon credits -- and in a small way mitigate climate change at the same time.

 

 

 

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Cancun blog post for Saturday, December 11

Last Friday, I spent the morning writing up my observations about the conference and my experiences there. In the afternoon I made a trip to one of the venues I have not yet seen, the Climate Change Village created by our Mexican hosts. The village was a venue for the general public to learn about climate change from a variety of perspectives. It had the flavor of a county fair and when I was there, almost all of visitors appeared to be Mexicans, such as local school groups.

I've included a couple of photos to give you some sense of this event.

The official meetings of COP-16 and CMP-6 -- described in my first blog post -- were scheduled to conclude last Friday. But in order for the conferences to take formal action, it was necessary for the 194 government delegations to meet in plenary sessions throughout the evening and into the next morning. The joint meetings were finally concluded at about 4:00 a.m. on Saturday, when in surprise appearance Mexican Pres. Felipe Calderon said that Cancun marked "a new era of international cooperation on climate change."

As I was eating breakfast in my hotel last Saturday, one of the acquaintances I made here, a fellow from Germany, joined me at my table to rather excitedly tell me what had transpired last Friday night. Jörg had one of the official "U.N. badges” needed to gain entrance to the inter-sanctum of the Moon Palace and watch the proceedings unfold from late afternoon through the 4:00 a.m. conclusion. Jörg described how the president of the parallel conferences, Patricia Espinosa, Mexico's Minister of Foreign Affairs, had pieced together two documents intended to reflect the points of agreement among most parties on several critical issues. The texts would require everyone to compromise, but not so much that a country could not ultimately agree on the final package. For her sensitive drafting and her deft handling of the formal meetings, Minister Espinosa received the first of several standing ovations from the assembled delegates.

Then the 194 government delegations began an informal stocktaking plenary session at 6:00 p.m. on December 10. After time to study the new texts, countries began the long process of stating their position on the proposed consensus text. As government after government, to greater or lesser extent, endorsed the documents, excitement in the room mounted. Delegation after delegation stated “we welcome the balanced texts" or "the texts are excellent" or they are “balanced in their essence though not perfect,“ or these agreements are “a ship sailing along the right path,” and so on, the probability of a successful conclusion to the conferences increased. After each country statement, the applause in the vast ballroom grew louder.

Then Bolivia took the floor. At COP-15 in Copenhagen last December, Bolivia and a few other countries had brought the proceedings to a halt. In Cancun, Bolivia alone called the text “totally inadequate” and listed a number of substantive concerns. As the COP President and Chair of the meeting, Patricia Espinosa was prepared. The U.N. climate negotiations have always operated on a consensus basis, and theoretically one dissenting country can prevent decisions from being made. But Minister Espinosa was adamant that the Cancun Agreements would become part of international climate change law under the UNFCCC treaty. She said: "Consensus requires that everyone is given the right to be heard and have their views given due consideration, and Bolivia has been given this opportunity. Consensus does not mean that one country has the right of veto, and can prevent 193 others from moving forward after years of negotiations on something that our societies and future generations expect." She then gaveled the proposed texts adopted, to another thunderous standing ovation.

I'm including here at couple of links to summaries of the outcome of Cancun. The first two are brief news items: one from the New York Times http://www.nytimes.com/2010/12/12/science/earth/12climate.html?_r=1&scp=1&sq=climate%20talks%20end%20&st=cse
; another from the Guardian newspaper in the U.K.
http://www.guardian.co.uk/environment/2010/dec/12/cancun-agreement-rescues-un-credibility
The Pew Center on Global Climate Change has prepared a more detailed analysis.
http://www.pewclimate.org/docUploads/cancun-climate-conference-cop16-summary.pdf

A couple of final personal observations. In my experience, the host Mexican government did an admirable job handling the logistics for these large U.N. meetings. The bus system added especially for the conference could get you where you needed to go and at the time you wanted to be there. The official hotels, such as mine, seem prepared to handle the larger than usual number of guests.

It was a truly international event, of course. I met and spoke with people from Finland, Pakistan, Nepal, the Netherlands, Germany, Bolivia and other countries. It was interesting to see that many of the delegates from other countries were women, who sometimes wore the traditional dress of their respective nations. Also, I learned that there are an overwhelming number of non-governmental organizations around the world working on climate disruption, reflecting a greater public concern in other countries than we have in the United States.

Representatives of business and industry and the International Chamber of Commerce, etc., were out in force in Cancun. Contrary to what we are often led to believe, business is not flatly opposing new climate measures, but rather many enterprises are looking for ways to comply with anticipated climate change regulations, particularly through involvement in carbon trading. They believe that, in the long run, there is money to be made as the world shifts from greenhouse gas polluting energy to renewable forms and conservation.

Even though I was not an official observer, I was able to fill my days with plenty of conference-related events, so much so that I had no time to enjoy Cancun as a tourist. I literally spent no more than five minutes on the beautiful Caribbean beach adjacent to my hotel.

Finally, you may be wondering about the carbon dioxide emitted by all of the delegates, and NGOs representatives, and others attending the conference in their travels to and from and around Cancun. The Mexican government paid for carbon offsets for all of the country delegations and official organizations attending. For my part, I used a Carbon Offset Calculator on the host country website which calculated that I had contributed 0.57 tons of CO2 to the atmosphere. I bought one ton of carbon offsets from forestry projects sequestering carbon in Mexico for the price of US $12.65.

I hope you found these blog posts somewhat interesting. More importantly, I hope they’ve increased your knowledge and concern about the serious prospects facing humanity in a climate-disrupted world and how we might work together -- with a sense of great urgency -- to avoid the worst effects of climate change.