A U.S. District Court Judge has ruled that the Bush Administration broke federal law when it failed to produce two required global warming reports on time.

The ruling was based on a 1990 law - the Research Plan and National Assessment required by the Global Change Research Act - directing the President to regularly issue two global warming plans: one that guides research and another explaining global warming’s possible impacts on the U.S.

The research plan was last issued in 2003, and is supposed to be updated every three years. The judge set a March 1 deadline for it. The report on global warming’s impacts is supposed to be issues every four years; the last one was updated by the Clinton Administration in 2000. A May 31 deadline has been set for the newest version, which will explain global warming’s projected impacts on the U.S. economy, public health, and the environment.

The Bush Administration tried to argue that it could decide for itself when and how the reports are released. They claimed they were already following the law by working on 21 different global warming reports, and were just starting to prepare a new research plan on the subject. But the judge wrote in the ruling: "The defendants are wrong. Congress has conferred no discretion upon the defendants as to when they will issue revised Research Plans and National Assessments."

The plaintiffs in the case were the Center for Biological Diversity, Greenpeace, and Friends of the Earth. The Bush Administration is reviewing the lawsuit and so far hasn’t commented on the ruling.

Center for Biological Diversity
International Herald Tribune
Wired Science

Negotiations leading up to the Group of Eight (G-8) summit that begins in Heiligendamm, Germany on Wednesday stalled when the U.S. bluntly objected to the host country’s global warming declaration.

Germany’s proposal calls for limiting the global temperature rise this century to 3.6 degrees Fahrenheit (2 degrees Celsius) and cutting global warming emissions to 50 percent below 1990 levels by 2050. But Bush administration officials rejected those mandatory emissions targets, as well as calls to raise energy efficiencies 20 percent by 2020. They also opposed a statement that reads, “We acknowledge that the U.N. climate process is an appropriate forum for negotiating future global action on climate change."

So late last week, President Bush went on the offensive and proposed his own climate change goal. He urged 15 major nations – including China and India – to agree by the end of next year on a global target for reducing greenhouse gases. Rather than a specific goal like Germany’s 3.6 degrees reduction, Bush called for nations to hold a series of meetings, beginning this fall, to set a global goal and then each nation then would decide how to reach that goal. At the same time, the White House specifically registered its opposition to a global cap-and-trade program.

Although German Chancellor Angela Merkel welcomed Bush’s “new determination” to fight climate change, any goal must absolutely be part of a U.N. framework. Furthermore, she said in an interview with the German magazine Der Spiegel that her proposals for a 3.6 degrees cut in emissions “are non-negotiable as far as I am concerned.”

The talks promise to heat up even more during the summit, given the U.S.’s hard line and Merkel’s apparent refusal to compromise the central tenant of her plan. According to Der Spiegel, which obtained minutes of a secret meeting to plan Germany’s climate change strategy at the summit:

“Merkel refuses to allow her image as a vocal advocate of climate protection to be diminished, not even by George W. Bush. According to the minutes, Merkel insisted that her government take a tough stance and not budge a millimeter at preparatory meetings at the expert level.

…There is a lot at stake for the chancellor: her reputation as G-8 chair as well as Germany's image in the world, but also Merkel's image as a politician who gets things done.

 

…Publicly, the looming conflict with the Americans is in no way to be ratcheted up — softening is the order the day. ‘The federal chancellor asks that over the next few weeks, expectations regarding the subject of climate protection and energy efficiency be played down in public,’ reads one sentence in the minutes of Merkel's pre-summit meeting.”

But Merkel seems as determined to get a concrete compromise as much as Bush is determined to soften it. The Chancellor has a lot riding on this summit, both for her own image and the health of the planet. Her advisors have told her that “reaching a concrete CO2 reduction goal is the decisive yardstick” in measuring the success of the summit. Furthermore, the German public expects a success regarding climate protection at the summit…which made me wonder how much different U.S. policies would be if we were all just as loud in our demands for success.

CNN
Der Spiegel
Washington Post