Ontario
Draft guidelines for greenhouse gas emissions reporting
On October 7, 2009, the Ministry of the Environment (MOE) released its draft Greenhouse Gas (GHG) Emissions Reporting Regulation and Guideline, which would support the implementation of a cap-and-trade program. If enacted, this regulation would impose mandatory GHG emissions reporting for all regulated sources in Ontario that annually emit 25,000 or more tonnes of carbon dioxide equivalent (a measure of GHG emissions). Reporting for 2010 would occur in 2011 and continue annually thereafter. Under the regulation, a number of different GHG emissions quantification methods could be used for reporting 2010 emissions with standardized quantification methods being used in subsequent years. Third-party verification would also begin after the first year. Facilities that emit between 10,000 and 25,000 tonnes of carbon dioxide equivalent per year would not be required to report emissions under the regulation. However, the MOE plans to develop a program to encourage voluntary reporting for such facilities.
The MOE is accepting comments on the draft regulation and guideline until November 6, 2009. For further information, please see Greenhouse Gas Emissions Reporting Regulation and Guideline.
Application for judicial review of renewable energy approval regulation
On October 19, 2009, an application for judicial review of the renewable energy approvals (REAs) regulation (O. Reg. 359/09) under the Environmental Protection Act was commenced in Ontario's Divisional Court. The applicant, Ian Hanna, is seeking, among other things, an injunction restraining the Ontario government from issuing REAs to wind facilities. The applicant alleges that there is "great scientific uncertainty around the health effects of industrial wind turbines" and the REA procedure for wind facilities under O. Reg. 359/09 does not take this alleged uncertainty into account.
Amendments to renewable energy approvals regulation
On October 1, 2009, amendments were made to O. Reg. 359/09. As initially drafted, this regulation prohibited certain wind facilities from being constructed or operated in specified circumstances, even if such facilities had already been approved by the MOE or were already constructed. The recent amendment allows parties to construct, operate or otherwise "engage" 'in respect of such wind facilities if a certificate of approval for air and noise was obtained before September 24, 2009 or if (i) certain approvals were not required and (ii) construction of the facility began before September 24, 2009.
For further information on these amendments please see Ontario Regulation 376/09.
United States
U.S. Senate introduces climate change bill
On October 1, 2009, the U.S. Senate released a draft energy and climate change bill – known as the Kerry-Boxer bill. This bill is similar in many respects to the Waxman-Markey bill that was passed in the U.S. House of Representatives in June. Although both bills would establish a cap-and-trade system for the country's largest industrial greenhouse gas (GHG) emitters, the Kerry-Boxer draft has a more aggressive short-term target. For a more detailed discussion of this bill, please see Torys' October Climate Change Bulletin.
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