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NextImg:Daily on Energy: ICJ climate case, plastic pollution talks fall short, and Grijalva backs out - Washington Examiner

WHAT’S HAPPENING TODAY: Good afternoon and Happy December, readers! Callie and Maydeen are back after our short Thanksgiving hiatus with family and loved ones. We hope you had a restful holiday as we count down the days until 2025. 

In today’s edition of Daily on Energy, our attention is focused on a landmark climate case being heard by the International Court of Justice – the UN’s top court – that could lead to lawsuits against large polluting nations over a failure to meet climate goals. Plus, we have the latest on the leadership changes for the House’s Natural Resources Committee. 

We also have our eyes on a few events and hearings happening in the energy world, so be sure to keep reading to find out what’s on the docket this week. 

Welcome to Daily on Energy, written by Washington Examiner energy and environment writers Callie Patteson (@CalliePatteson) and Maydeen Merino (@MaydeenMerino). Email cpatteson@washingtonexaminer dot com or mmerino@washingtonexaminer dot com for tips, suggestions, calendar items, and anything else. If a friend sent this to you and you’d like to sign up, click here. If signing up doesn’t work, shoot us an email, and we’ll add you to our list.

ICJ BEGINS HEARINGS IN LANDMARK CLIMATE CASE: The International Court of Justice took up its largest climate change case today, after the U.N. General Assembly asked the top court to rule on legal obligations countries have to combat the climate crisis. 

The details: Roughly two weeks’ worth of hearings began Monday. The court faces a major task in determining whether large polluting countries are legally obligated to protect the Earth’s climate and reduce emissions, and what legal consequences they could face if they fail to make good on their promises. 

The court is being asked to answer two questions: (1) What are countries obliged to do under international law to protect the climate and environment from human-caused greenhouse gas emissions? And (2) what are the legal consequences for governments where their acts, or lack of action, have significantly harmed the climate and environment? How the court decides could pave the way for lawsuits against large polluters. 

More than 100 countries and intergovernmental organizations are expected to stand before the court over the next two weeks, including small island nations and the world’s largest polluters, such as China, the U.S. and India. Lawyers involved in the case told the New York Times that these nations will need to appeal to the court and present legal arguments for why fossil fuel subsidies should continue while greenhouse gases continue to warm the atmosphere.  

Some background: The case was first brought forth by students from a number of small Pacific Islands who argued they were facing the consequences of climate change despite doing little to contribute to the crisis, per the New York Times. They also claimed their nations have been unable to receive the aid they deserve as victims of climate change, leading to their lawsuit for damages. 

“For our generation and for the Pacific Islands, the climate crisis is an existential threat. It is a matter of survival, and the world’s biggest economies are not taking this crisis seriously. We need the ICJ to protect the rights of people at the front lines,” Vishal Prasad, from Pacific Islands Students Fighting Climate Change, said Monday, according to the Associated Press

A reminder: The International Court of Justice is based in The Hague and made up of 15 judges that serve nine-year terms. It primarily takes up cases and legal disputes between UN member states in accordance with international law. It is not possible to appeal decisions made by the court, as all rulings are final. However, any decisions are non-binding advice.

NEGOTIATORS FAIL TO STRIKE A DEAL ON CURBING PLASTIC POLLUTION: In South Korea, delegates at the fifth United Nations Intergovernmental Negotiating Committee on Plastic Pollution failed to agree on a global treaty to curb plastic pollution. 

Negotiators now plan to resume talks next year. 

“The world’s commitment to ending plastic pollution is clear and undeniable,” said Inger Andersen, Executive Director of the UN Environment Programme.

“Here in Busan, talks have moved us closer to agreeing on a global legally binding treaty that will protect our health, our environment, and our future from the onslaught of plastic pollution,” Andersen said. 

Halfway through the negotiations, there were reports that delegates struggled to agree on the deal’s text and how developing countries could implement it. Negotiators were also unable to agree on how much plastic companies could produce. 

AP News reported that Panama proposed text for a deal that gained support from over 100 countries, stating that countries would adopt a global target at a later conference. The proposal was meant to build consensus because it did not include a numerical target or production cap. 

Last week’s meeting had over 3,300 delegates, more than 170 members representing nations, and observers from more than 440 organizations. 

GRIJALVA DROPS OUT OF NATURAL RESOURCES RANKING POSITION RACE: Arizona Rep. Raúl Grijalva announced he will not seek to serve as next ranking Democrat on the Natural Resources Committee, according to two people familiar with the matter, Politico reports

Grijalva, who is 76 years old, has served in Congress since 2003 and has held the chair or ranking member post in the committee since 2015. Earlier this year, he announced that he was battling cancer and does not plan to run for reelection in 2026. Grijalva was being challenged by California Rep. Jared Huffman, who announced his bid to run at the end of November. 

In a statement, Grijalva wrote “After much thought, I have decided that it is the right moment to pass the torch as top Democrat on the House Natural Resource Committee for the 119th Congress. I do not make this decision lightly, as being elected Ranking Member stands as the honor of my professional career.” 

Huffman, 60 years old, has served in Congress and the committee since 2013. When announcing his bid for ranking member, Huffman said his first action as ranking member will be to name Grijalva as “Ranking Member Emeritus.”

UNITED KINGDOM REPORTEDLY WASTED OVER $1.3 BILLION ON WIND: The United Kingdom reportedly wasted more than $1.3 billion on wind energy throughout 2024, paying operators to shut down wind farms to manage an overwhelmed grid. 

The details: Wind power capacity has seen massive growth in the U.K., as the nation has expanded its offshore wind fleet by 50% in the last five years. However, as the country’s grid has failed to grow at a similar pace, meaning that energy and investment has gone to waste, according to a Bloomberg report

Due to constraints on the grid, the U.K. has been paying wind farms to turn off their plants and turbines, preventing them from generating energy from massive storms sweeping across the country. As a result, some operators have been forced to rely more on gas-powered plants.

Key quote: “The outdated rules of our energy system mean vast amounts of cheap green power go to waste,” Clem Cowton, director of external affairs for the Octopus Energy Group provider, said to Bloomberg. “It’s absurd that Britain pays Scottish wind farms to turn off when it’s windy, while simultaneously paying gas-power stations in the south to turn on.”

ATLANTIC HURRICANE SEASON ENDED WITH LOTS OF ACTIVITY: The Atlantic hurricane season came to an official close over the weekend, after seeing near-record activity since June. 

The details: The Atlantic hurricane season – which lasts between June 1 and Nov. 30 – saw around 11 hurricanes form, eight of which made landfall in the U.S. Bermuda, Cuba, Dominican Republic, and Grenada, according to the Associated Press. On average, the season typically sees around seven hurricanes forming, with far fewer making landfall. Since 1983, only two other years have seen eight or more hurricanes make landfall: 2005 and 2020. 

The 2024 season saw catastrophic damage as Hurricanes including Helene, Milton, Debby, and Beryl left deaths, destruction and billions of dollars’ worth of damage in their wake. Several of the storms saw rapid intensification, with Milton becoming one of the strongest hurricanes by wind speed ever recorded in the Gulf of Mexico in October. 

Climate change to blame: Many researchers have pointed to climate change as the primary reason for the intensity of the storms. Last month, an analysis by Climate Central found elevated ocean temperatures boosted the intensity of all 11 storms recorded during the season, often at an unanticipated rate. 

“In other words, we never had a storm as strong as Beryl so early in the season anywhere in the Atlantic and we never had a storm as strong as Milton so late in the season in the Gulf of Mexico,” University of Miami hurricane researcher Brian McNoldy told the Associated Press. “I don’t ever point to climate change as causing a specific weather event, but it certainly has its finger on the scale and makes these extreme storms more likely to occur.”

SNOW PILES UP IN THE GREAT LAKES REGION, CAUSING TRAVEL DISRUPTIONS: Snow blanketed parts of New York, Michigan, Ohio, and Pennsylvania, causing travel disruptions following Thanksgiving. 

According to the National Weather Service’s Weather Prediction Center, Copenhagen, New York, saw 58.8 inches, over 5 feet, of snow since Thursday. Meanwhile, parts of Ohio received at least 4 feet of snow, and Michigan and Pennsylvania saw nearly 3 feet. 

“Bands of lake effect snowfall will impact mainly lakeshore locations through the morning commute. This will lead to sudden changes in the visibility and snow covered roadways.  No matter where you are, the same driving rules apply: Take it slow in ice and snow,” the National Weather Service account for Grand Rapids, Michigan, said

The snowfall caused Pennsylvania and New York to issue a state of emergency, sending additional resources to help clear roads and help stranded drivers. 

“To every first responder working around the clock to clear our roads and keep Pennsylvanians safe throughout the snowstorm in northwest Pennsylvania: thank you,” Pennsylvania Gov. Josh Shapiro said. 

“They continued to serve our communities throughout the holiday weekend — and I’m grateful for their service,” he added. 

The heavy snowfall is caused by cold wind flowing over the warm waters of the Great Lakes, leading to lake-effect snow and increased snowfall, according to the University of Michigan. The lake-effect warning is expected to go until Tuesday night.  

U.S. LNG EXPORTS NEEDED TO CURB COAL USE IN ASIA, REPORT CLAIMS: A new study has suggested increased exports of liquified natural gas from the U.S. would dramatically reduce Asia’s reliance on coal, thereby lowering global greenhouse gas emissions. 

The details: Commissioned by the Asia Natural Gas and Energy Association (ANGEA) and conducted by Wood Mackenzie, the study found that LNG demand from Asia is expected to grow from 240 million tons per annum this year to 510 million tons per annum in 2050. The researchers suggest that Asia will have to rely on imports to meet this demand. 

With the U.S. ranked as the largest exporter of LNG in the world, the study suggested increased exports from America will keep the market balanced. Without imports from the U.S. or other large producers like Australia, the researchers estimated, Asia would be forced to rely on gas from “less cost-competitive projects” globally that likely have higher price tags than those from large suppliers. As a result, the ANGEA is calling on the U.S. to end pauses on permitting LNG exports to assist nations in their energy transition away from coal. 

“Nations like Bangladesh, Vietnam, the Philippines, Indonesia and Malaysia will not be able to realize their plans to transition to gas-fired power if LNG prices are high and coal use, which hit record levels in both 2022 and 2023, will keep growing,” ANGEA CEO Paul Everingham said in a statement. “Without certainty of an affordable supply, their fallback position, quite understandably, is to stick with a fuel they are familiar with and which they know is likely to be inexpensive and plentiful: coal.”

Some background: While natural gas is widely considered to be more carbon-friendly than coal, many have questioned the extent of the environmental impact exporting LNG can have. Natural gas is primarily composed of methane, which is considered to be 80 times more potent than CO2. Methane does have a shorter lifespan than CO2, but it can leak into the atmosphere at any stage of production, exporting, and operation. The Department of Energy is currently conducting a study on the environmental and economic impacts of LNG exports from the U.S.

EUROPEAN GAS PRICES JUMP AMID WINTER SUPPLY CONCERNS: European benchmark futures for natural gas saw a sharp increase of around 3.2% today, as experts have begun to warn of a dwindling supply heading into the 2024-2025 winter season. 

As of Monday, gas storage facilities across Europe were around 85% full, according to Bloomberg. The European Union is currently aiming to have the storage facilities at least 50% full by February – however, that may be a steep hill to climb amid a cold winter combined with Russian exports projected to end in December. 

The European Commission has said it remains confident the EU can survive without Russian gas as the bloc looks to diversify sources of energy across member states, according to Bloomberg. Still, if Russia goes through with ending supply to Europe, analysts have estimated the EU will see its reserves just 39% full by the end of winter. If stockpiles reach this low, it is reportedly expected to hurt the bloc’s refilling efforts next summer. 

ICYMI –  NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE Q4 UPDATE: The National Electric Vehicle Infrastructure (NEVI), a federal program that provides funding for states for zero-emission transportation infrastructure, released its fourth quarter update last week. 

Since the last quarterly update, NEVI said, an additional 12,000 public charging ports are now online, totaling nearly 204,000 ports in the nation’s charging network. The Biden administration’s Bipartisan Infrastructure Law helps to fund the program. 

“To reflect on how far we have come, at the end of 2020, only 38% of the most heavily trafficked corridors had fast chargers at least every 50 miles,” NEVI stated. “Now, families can travel 59.1% of the most heavily trafficked corridors and expect a fast charger at least every 50 miles. By the end of next year, an estimated 70% of those corridors will have charging spaced predictably at this same interval.”

It stated that there has been an 83% increase in open NEVI ports since last quarter. 

The report listed states who received conditional NEVI awards in the fourth quarter, such as Virginia, which received its second round of conditional awards of $22.7 million to create 35 new charging stations. The state will have an estimated $106.3 million in total funding under the NEVI program. 

A LOOK AHEAD: 

  • Dec. 2 the Center for Climate and Energy Solutions is hosting a book chat with former State Department Special Envoy for Climate Change Todd Stern on how the Paris Agreement came about. 
  • Dec. 3 Draslovka, a company focused on chemical solutions for sustainable mining, is holding a discussion on the Geopolitical and Economic Role of Critical Minerals featuring Democratic Texas Rep. Marc Veasey.
  • Dec. 4 the Nuclear Innovation Alliance will be publishing a new report on advanced nuclear reactor waste. 
  • Dec. 4 House Oversight and Accountability Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs will hold a hearing on “Exposing the Truth on LNG: How the Administration Played Politics with America’s Energy Future.”
  • Dec. 5 Senate Environment and Public Works Subcommittee on Superfund, Waste Management, and Regulatory Oversight holds a “hearing to examine the public health impacts of PFAS exposures.” 
  • Dec. 6 – 7 the Citizen’s Climate Lobby is holding its fall virtual conference on Positioning for Progress, looking at what the next Congress is expected to tackle on climate change.
  • Dec. 7 is Pearl Harbor Remembrance Day.

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