On November 15th, all eyes were on the G20 Summit where news that the meeting between Presidents Biden and Xi had been broadly positive–including instructions for officials to re-engage on climate change–along with the announcement of funding to help Indonesia move away from reliance on coal-fired energy, served as a welcome boost to the mood in Sharm.

Continue Reading Highlights from COP 27: Energy Day

COP27 was never going to be a ‘Big COP’ in the way that COP26 in Glasgow was.  It was not originally designed to be one of the five-year ratchet reviews of NDCs set out by the 2015 the Paris Agreement and there were no major new climate change texts due to be negotiated.  Sharm’s value is likely to be assessed, at least in part, on whether it effectively tees up important items for next year, including:

  • the Global Stocktake (the technical dialogue will conclude in June next year, and the political phase at COP28);
  • the Global Goal on Adaptation, due to conclude next year;
  • the New Collective Quantified Goal on climate finance, due to conclude in 2024; and
  • the increasingly important future discussions on loss and damage. 

However, COP27 remains an important waypoint – not least in how successful it eventually is in avoiding acrimonious debate and significant tensions over loss and damage.

Continue Reading COP 27: Week One Summary

Today, water and gender day, kicked off the second week of COP 27 after a rest day on Sunday.

Normally technical negotiators would hand over negotiations to ministers after the COP weekend to focus on political issues in the second week. However, at this COP, the Egyptian presidency is apparently not planning to bring ministers into negotiations until Wednesday. That would leave very little time to agree on the final texts before the end of COP.

Continue Reading Highlights from COP 27: Water and Gender Day

After the opening two days of COP27 – which were focused on the High Level Segment (HLS) dedicated to Heads of State and Government – today, November 9, was the first day of the ‘main COP’ with the opening of negotiations on official texts and agreements. Reports are that the opening phases of the talks are positive. Appropriately, given tensions earlier this week over financing for loss and damage, today was billed as Finance Day.

Continue Reading Highlights from COP 27: Finance Day  

On July 14, 2022, the U.S. Department of Commerce (“Commerce”) issued a request for a range of additional factual information in connection with the agency’s ongoing circumvention inquiries into solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam that employ inputs from mainland China.[1]  The deadline to respond is July 21st.

Continue Reading Commerce Requests Factual Information in Solar Circumvention Inquiries on Level of Investment, Non-Financial Barriers, and Research and Development Expenses

Presidential Action Triggered by Crisis in the U.S. Solar Industry

In recent months, the U.S. solar industry has been in the midst of an existential crisis, triggered by the threatened imposition of retroactive and future tariffs on a significant portion of U.S. imports. That crisis began on April 1, 2022, when the Department of Commerce (“Commerce”) initiated an inquiry to determine whether solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam are circumventing antidumping (“AD”) and countervailing duty (“CVD”) orders on solar cells from China. Solar cells from these countries generally accounted for approximately 80% of U.S. solar module imports in 2020.[1] If Commerce finds circumvention, solar cells and modules from the four target countries could not only be subject to combined AD/CVD tariffs approaching 250%, but Commerce’s regulations also allow for the agency to apply these tariffs retroactively to merchandise entering on or after April 1, 2022 (and potentially as far back as November 4, 2021). This threat of AD/CVD tariffs triggered a steep decrease in imports of solar cells and modules from Southeast Asia, and caused parts of the U.S. solar industry to come to a stand-still, furthering domestic reliance on coal.[2] Given this paralysis in the solar industry, lawmakers and others urged the President to provide relief from potential AD/CVD tariffs.[3]

Continue Reading President Acts to Prevent Import Tariffs on Solar Cells and Modules from Southeast Asia

This blog is the third in a series, “The ABCs of the AJP.”

An animating principle of President Biden’s American Jobs Plan (AJP) is the urgency to address climate change.  But a cross-current is competition with China.  This comes through not as subtext, but as the stated purpose.  According to the White House, “the President’s plan will unify and mobilize the country to meet the great challenges of our time: the climate crisis and the ambitions of an autocratic China.”

Continue Reading The Climate Crisis and China

As has been widely reported, on November 12 President Obama and China’s President Xi Jinping released a joint announcement on climate change and clean energy cooperation.  Beyond the announced greenhouse gas emission targets—for the U.S., to reduce emissions 26-28% below 2005 levels by 2025; for China, (i) to peak CO2 emissions by around 2030, with