Air Quality and Climate Change

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By Paul Davies and Andrew Westgate

Earlier this month, during a round of surprise inspections, Deputy Minister of the Ministry of Environmental Protection Zhao Yangmin publicly shamed the city officials of Langfang, a city in Hebei province, for failing to take action after a severe pollution warning was issued on April 2, 2017.  Deputy Minister Zhao also ordered a production halt at companies in Langfang which had failed to meet emissions control requirements or had submitted falsified emissions data, blaming “some local governments that do not take emergency response seriously.”

The inspection was part of a 28-city inspection campaign by the Ministry of Environmental Protection, the largest the Ministry has ever undertaken. The inspections involve 5,600 inspectors and will run through March of 2018, focusing on the provinces surrounding Beijing and Tianjin, where some of China’s worst air pollution is found.  Officials determined to be lax in their enforcement efforts could receive lower ratings in the personnel evaluation system used by the government; for serious offense, officials could be demoted, fired, or in some cases even subject to criminal charges.

By Joel Beauvais, Claudia O’Brien, Bridget R. Reineking and Andrew Westgate.

Since assuming office in January, President Donald Trump – with the support of Congress – has stated his intention to roll back “burdensome” U.S. environmental regulations. The White House and Congress aim to reverse several of President Obama’s regulations on air and water pollution, land use, and greenhouse gases emissions.  But the new President may face challenges to reversing certain existing U.S. climate, environmental, and energy-related regulations.

By Michael Green, Elisabetta Righini, Joern Kassow, Rosa Espin, Eun-Kyung Lee, and Cesare Milani.

On 15 February 2017, the European Commission (the Commission) sent final warnings (a Reasoned Opinion) to France, Germany, Italy, Spain and the United Kingdom for failing to comply with the air pollution limits for nitrogen dioxide (NO2). Under EU law, Directive 2008/50/EC on air quality and cleaner air for Europe (the Directive) sets air quality limits that cannot be exceeded anywhere in the EU and obliges Member States to limit the exposure of citizens to harmful air pollutants.

The Commission stated in its report, “… while it is up to the Member State authorities to choose the appropriate measures to address exceeding NO2 limits, much more effort is necessary at local, regional and national levels to meet the obligations of EU rules and safeguard public health”.  The Commission has therefore urged the five Member States to take action to ensure good air quality and safeguard public health. These “final warnings” may have serious consequences.  If the said Member States fail to comply with the Directive within two months, the Commission may decide to take the matter to the Court of Justice of the EU (the CJEU).

While the Commission’s Reasoned Opinion is focused on levels of NO2, it is widely acknowledged that air quality standards (which generally concern NO2 and particulate matter – especially PM10 – levels) in many parts of Europe are poor.  As air quality gains increasing media attention and demands for improvement, we have briefly summarised the position on air quality standards (whether NO2, particulate matter or more generally) in each of the countries that are the subject of the most recent Reasoned Opinion.

By Paul Davies and Rosa Espin

Last year, 86 % of the 24.5 GW of new generating capacity installed in the EU came from renewable energy sources, specifically from wind, solar, biomass and hydro, breaking the previous record of 79% in 2014. This new water mark makes clear that the EU is seeking to cut down on greenhouse gas emissions by replacing fossil fuel plants with new forms of renewable energy in line with the Paris Agreement on climate change.

For the first time, wind overtake coal in terms of capacity as wind energy was the most installed power generation source in 2016, representing a 51 % of all the new installed power capacity of the EU. Of the new 12.5 GW of wind power, 10.9 GW was installed onshore while 1.6 GW added offshore.

According to figures published by the WindEurope trade group, wind energy grew 8 percent in 2016 reaching 153.7 GW and now accounts for 17% of Europe’s total installed power generation capacity. Only natural gas generation, with 186 GW of capacity, remains above wind.

By Paul Davies & Andrew Westgate

China’s National Development and Reform Commissions (NDRC) – the country’s chief economic planning body – announced that a “green certificates” program for solar and wind power will be launched beginning on July 1, 2017. The certificates issued by the program will be similar to the Renewable Energy Credits issued in the United States, and will each represent 1MW of electricity output from solar or wind generation.  The program will be initiated on a voluntary basis at first, and is expected to become mandatory in 2018. 

By Paul Davies and Michael Green

The UK Department for Business, Energy & Industrial Strategy (BEIS) published a Green Paper on 23 January 2017, setting out the building blocks for the UK’s modern industrial strategy. Described by Theresa May as a “critical part” of the plan for post-Brexit Britain, the implementation of this strategy will have important policy ramifications, in particular, for the environment.

Overview of the Green Paper

Key points to note from the Green Paper include:

  • a consultation is launched which invites a review of the costs of achieving the UK’s decarbonisation goals and how to best support business energy efficiency (the consultation will close on 17 April 2017);
  • a review of the case for a new research institution on battery technology, energy storage and grid technology, will be undertaken, and findings will be released in early 2017 and an emissions reductions plan is expected in February 2017;
  • the government’s new approach to industrial strategy based on ten pillars will focus on ensuring that the UK economy benefits from the transition to a low-carbon economy by delivering affordable energy and clean growth; and
  • there will be a focus on improving the UK’s energy, transport, water and flood defence infrastructure.

By Paul Davies and Andrew Westgate 

Climate change has become a key concern for China in recent years, as evidenced by its pledge to reduce carbon emissions per unit of GDP by 60% from 2015 levels by 2030. As we have previously written, it has also become a leader in the emerging field of green finance, and the world leader in installing renewable energy capacity. Moreover, climate change has become one of the few areas in which China has taken an active role on the international stage, promoting green finance at the G20 summit in Hangzhou last year, and joining the United States in championing the Paris Agreement.

Meanwhile, climate change continues to be highly controversial in the US, and the future of the Clean Power Plan – the Obama administration’s primary domestic policy to address it – remains uncertain. President Donald Trump, who took office on January 20, 2017, has expressed skepticism regarding climate change, and has stated that he will seek to repeal the Clean Power Plan. In the international arena, President Trump has also vowed to withdraw from the Paris Agreement (though he has more recently said he has an open mind towards the agreement).

By Paul Davies and Andrew Westgate

China’s State Council released its “Plan for Controlling the Implementation of the Pollution Discharge Permit System,” (the Plan), which establishes guidelines and policy goals for the pollution permitting system being designed and implemented by the Ministry of Environmental Protection (MEP), on November 21, 2016. The permits will set specific limits on the amount and concentration of each pollutant that may be emitted, and companies without a license will be forbidden to discharge any pollutants. However, the scope of pollutants that will be covered by the permit system is not yet clear, and some reports indicate that heavy metals and certain other toxic compounds will not be covered.

By Michael Green and Paul Davies

The UK will need to revisit its strategy to improve air quality following a recent court judgment determining that the Government’s existing plans are insufficient.  With air pollution reportedly responsible for 9,500 premature deaths in London each year, according to a study commissioned by the Greater London Transport Authority and Transport for London, the implications of this judgment are likely to have significant impact on the country’s transport infrastructure.