Washington Lawyer - May 2019 - 26

carbon tax. In Latin America and South America, countries such as Brazil,
Columbia, Peru, and Argentina have developed and are increasingly enforcing
a variety of environmental laws.
"Some of the receptiveness in these countries is driven by reality," says
Madeleine Boyer, cochair of the Latin American practice group at Beveridge &
Diamond PC. "For example, glacier melt directly affects agricultural production.
Electric utility grids are at maximum capacity. Climate change has very real
human and economic impacts that provide motivation for legal response."

THE U.S. RESPONSE
Once a global leader on environmental issues, the United States has clearly
taken a step back. In fact, Trump has repeatedly questioned the validity of the
science pertaining to global warming.
In February, the Washington Post reported that the White House plans to create
an ad hoc group to reassess the government's analysis of climate science. The
new group, operating under the auspices of the National Security Council,
would include scientists who challenge the consensus that greenhouse gas
emissions are helping drive global warming, according to the Post.
"In general, I don't think anyone could argue that the United States is doing
enough to combat climate change," says Colangelo. "We have a federal vacuum
of action, and we've abdicated any type of global leadership role in the solution
to climate change. In addition, this administration is decidedly deregulatory. The
administration's proposed rollbacks for emissions standards leave our business
leaders in a state of uncertainty. We are concerned that could lead to further
delay on the work to address climate change."

Rivlin points out that the nation's retreat "gives other countries an opportunity
to step into a leadership role."
Despite the Trump administration's stance on climate change, the United States
is still making progress when it comes to reducing emissions and shifting
toward clean energy, climate researchers say. One reason is that "market forces
are transitioning us to a lower carbon power sector," says Colangelo.
She adds that states are announcing new clean energy initiatives and more
aggressive renewable portfolio standards. In addition, states are coming
together to create regional transportation initiatives to reduce congestion and
greenhouse gas emissions at the same time, she says.
"Again, it's not all doom and gloom," says Colangelo. "There's been tremendous
climate action on the sub-national front."
And, finally, Congress has not remained silent. Representative Alexandria
Ocasio-Cortez and Senator Ed Markey recently released the Green New Deal,
proposed legislation aimed at eliminating carbon emissions and remolding the
economy to be powered by renewable fuels. Critics have mocked the Green
New Deal as unrealistic and even juvenile, but environmentalists welcome the
renewed emphasis on climate change.
"The Green New Deal is a bold set of ideas," says Colangelo. "The scale and
imminence of the climate threat certainly require such a level of ambition. The
details on implementation, though, and the future composition of Congress
will tell us more about its viability."
Anna Stolley Persky is a regular contributor to Washington Lawyer.

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