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Shipping's Fair Share

In July 2023, the International Maritime Organization (IMO) resolved to reduce international shipping’s greenhouse gas emissions to net zero “by or around, i.e., close to” 2050. There is a long-running debate about whether the sector should decarbonize and how it could do so in a way that is equitable for states and the shipping industry. This Article is the first to normatively define shipping’s fair share of the overall climate mitigation burden using principles of international environmental law.

U.S. and Global Methane Regulation

Methane is estimated to be responsible for one-third of the global rise in temperatures from greenhouse gases; it is shorter-lived but much more potent than carbon dioxide. The United States and the European Union (E.U.) launched the Global Methane Pledge at the 2021 United Nations Climate Change Conference (COP26). At COP28’s Global Methane Pledge Ministerial last December, new strategies were announced, including the E.U.’s first-ever adoption of methane regulations and a final rule by the U.S. Environmental Protection Agency to reduce methane from the oil and gas industry.

89 FR 30311

FWS announced a 12-month finding on a petition to list the lake sturgeon as an endangered or threatened species under the ESA, finding that listing is not warranted at this time. 

89 FR 28707

NMFS announced a 90-day finding that a petition to list the whitespotted eagle ray as a threatened or endangered species and to designate critical habitat concurrent with the listing does not present substantial scientific or commercial information indicating that the petitioned action may be warranted. 

89 FR 27689

FWS announced the updated planning policies for the National Wildlife Refuge System to incorporate landscape conservation plans and consideration of climate change and other anthropogenic forces in refuge management. 

89 FR 27417

NMFS announced its intent to conduct a five-year review of the endangered western distinct population segment of the Steller sea lion. 

89 FR 26070

FWS revised regulations concerning the issuance of enhancement of survival and incidental take permits under the ESA. 

89 FR 23919

FWS revised its regulations concerning protections of endangered and threatened species under the ESA by reinstating the general application of the "blanket rule'' option for protecting newly listed threatened species pursuant to §4(d) of the Act, with the continued option to promulgate species-specific §4(d) rules, and extending to federally recognized tribes the exceptions to prohibitions for threatened species that the regulations currently provide to the employees or agents of FWS and other federal and state agencies to aid, salvage, or dispose of threatened species.

89 FR 24300

FWS and NMFS finalized revisions to portions of their regulations that implement §4 of the ESA, concerning procedures and criteria used for listing, reclassifying, and delisting species on the lists of endangered and threatened wildlife and plants and designating critical habitat.

89 FR 24268

FWS and NMFS finalized revisions to portions of their regulations that implement §7 of the ESA concerning interagency cooperation procedures.