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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 35091

EPA entered into a proposed settlement agreement under the CAA in Nevada Cement Co., LLC v. EPA, Nos. 23-682 and 23-1098 (9th Cir.), that would establish a process and deadlines by which plaintiff would apply to EPA for a case-by-case emissions limit request for its Fernley, Nevada, facility, in exchange for agreeing to lift a judicial stay. 

89 FR 34137

SIP Approval: New Hampshire (revisions to establish nitrogen oxide reasonably available control technology requirements for coal-fired cyclone boilers). 

89 FR 34178

SIP Proposal: California (revisions to San Diego County Air Pollution Control portion of plan to expand existing provision that exempts tub grinders and trommel screens that process green material from permit requirements to include horizontal grinders and processing of mixtures of green material and food material). 

89 FR 33232

SIP Approval: New Hampshire (amendments to motor vehicle inspection and maintenance program regulation).

89 FR 32387

EPA proposed to approve a CAA §111(d)/129 state plan submitted by South Carolina for implementing and enforcing the emissions guidelines applicable to existing commercial and industrial solid waste incineration units. 

89 FR 31802

EPA amended specific provisions in the Greenhouse Gas Reporting Rule to improve data quality and consistency. 

89 FR 31647

EPA approved a request from the New Jersey Department of Environmental Protection for delegation of authority to implement and enforce the federal plan requirements for municipal solid waste landfills that commenced construction on or before July 17, 2014, and have not been modified or reconstructed since July 17, 2014. 

89 FR 31645

SIP Approval: Indiana (temporary alternative opacity limitations at the BP Products North America, Inc. facility in Whiting, Indiana, during startup and shutdown).