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We need laws on geoengineering, ASAPMarch 21, 2018
by Sarah Fecht, Columbia University
[image: We need laws on geoengineering, ASAP]
<https://3c1703fe8d.site.internapcdn.net/newman/gfx/news/2018/weneedlawson.jpg>
As the world warms to dangerous levels, some countries may be tempted to
try controversial geoengineering techniques. We need to be ready with laws
and regulation procedures, says Columbia’s Mike Gerrard. Credit: Clouds,
from edward stojakovic via Flickr CC

Humans have been accidentally altering the planet's climate for thousands
of years. Soon, it may be possible alter it intentionally.

The deliberate, large-scale manipulation of climate is called
geoengineering. The term encompasses a variety of proposals, from
pulling carbon
dioxide <https://phys.org/tags/carbon+dioxide/> out of the atmosphere to
reflecting sunlight back into space in an attempt to slow the earth's
warming. Global geoengineering tactics haven't yet been deployed, but
as climate
change <https://phys.org/tags/climate+change/> starts to spin out of
control, support for some forms of geoengineering seems to be growing.

However, there's a lot that can go wrong when it comes to modifying the
complex global climate system, and the world is not prepared for the
problems that might result. A new book coming out April 21 points out the
major holes in national and international geoengineering regulation, and
lays out a framework for improvement. The book, titled Climate Engineering
and the Law, was co-edited by Michael Gerrard from Columbia's Sabin Center
for Climate Change Law and Tracy Hester, a graduate of Columbia Law School
who now teaches at the University of Houston Law Center. Gerrard is also
chair of the faculty of the Earth Institute.

The book draws a distinction between different types of climate engineering
<https://phys.org/tags/climate+engineering/> strategies. Techniques that
simply pull carbon dioxide from the air are unlikely to have global side
effects, so they don't need to be regulated internationally, Gerrard says.

However, solar radiation management projects, which would block some
sunlight from reaching the earth—for instance, by dumping tiny reflective
particles into the upper atmosphere—could have harmful consequences around
the globe. Famously, the 1991 Mount Pinatubo volcanic eruption spewed so
much ash into the air that it temporarily cooled the global thermostat by
one degree Fahrenheit. However, the eruption is also thought to have
shifted precipitation patterns, causing floods along the Mississippi River
and droughts in the African Sahel. Deploying solar radiation management
techniques could have similar side effects. Such proposals don't receive
much support from the scientific community.

Who decides whether a geoengineering project should go forward, and what
approvals should be required? What happens if something does go wrong—who
is at fault, and what compensation should be provided? These are just some
of the questions addressed in the book. State of the Planet interviewed
Gerrard to find out more.

*State of the Planet: Why did you decide to explore climate engineering,
and why now?*

Michael Gerrard: We perceived that both carbon dioxide removal and solar
radiation management would, in time, become important parts of the climate
change dialogue. Given the current political environment, it has taken
place much sooner than we expected.

All of the projections for how the Paris temperature goals can be achieved
assume CO2 removal from the atmosphere at a massive scale. But there has
been very little analysis of what are the legal implications of doing that.

We are absolutely not advocating the deployment of solar radiation
management. However, we think there is a significant chance that someone
will try it in the years to come. It's quite important that there be a
governmental structure so that the legitimacy of such efforts can be
determined, and liability assigned in case something goes wrong. It's much
better to do that in advance than in the midst of deployment.

*What are the biggest legal issues when it comes to climate engineering?*

For carbon dioxide removal, there is no law at all that directly addresses
it. Most proposed forms of CO2 removal have only local impacts, so it's
appropriate for those to be governed at the local or state level. The
greatest need is for an economic incentive such as a price on carbon, to
induce R&D and deployment. The most recent budget bill surprisingly does
contain a tax incentive for carbon dioxide removal. It may not be large
enough, but it's hopeful.

In contrast, solar radiation management has global impacts and therefore
some form of global agreement is important. So far, we don't even have
national controls, let alone global controls. Today, someone could launch a
fleet of airplanes to spray aerosols or other substances into the upper
atmosphere, and it arguably would not violate any laws. That needs to
change.

*How might the world respond if that did happen?*

It's not clear that any legal action could be taken. There are treaties
that govern the use of outer space, but those only restrict military or
other hostile uses, not something with a benevolent intent.

One very concerning scenario is if a country undertakes a solar radiation
management operation in order to protect itself from what they see as a
massive climate <https://phys.org/tags/climate/> threat, and a few months
later there is a terrible weather event elsewhere in the world—which will
happen, because there are always terrible weather events. The countries
that are victims of that weather event might blame the country with the
geoengineering experiment and seek financial compensation or worse.

Another very concerning scenario would be if one country launched airplanes
or other devices to spray aerosols into the atmosphere, and another country
thought that this would harm them—if there are no applicable laws to
resolve the dispute, we have the makings of a military conflict. It's much
better to come up with rules and mechanisms to resolve these disputes in
advance, rather than have countries shooting down other countries'
airplanes.

*What would a group that regulates geoengineering look like? What would it
do?*

The elements would include an international body, for instance under the
United Nations, that would establish criteria for when geoengineering
deployment is appropriate. It would approve or disapprove geoengineering
deployment. It would hopefully include the creation of a fund to provide
compensation for victims of adverse impacts, and rules for when such
compensation is appropriate.

*How do the current legal gaps impact geoengineering research?*

Currently there's discussion of small-scale atmospheric experiments that
are very unlikely to have adverse impacts, but that could yield important
information about the feasibility and potential impacts—positive and
negative—of deployment. I think those should go forward, so that if the
time comes when deployment is seriously considered, more information will
be available for a sound decision. On the other hand, there were some rogue
experiments several years ago in dumping iron filings into the ocean, and
those do have potential negative impacts, and that kind of thing requires
governance. I think a future governing body would come out with criteria
for when approval is needed for these types of experiments.

*What's happening, if anything, to fill these legal gaps?*

So far there have not been any formal discussions in the United Nations,
but there are some informal discussions taking place. Janos Pasztor, the
former senior adviser to the U.N. Secretary-General on Climate Change, is
working through the Carnegie Climate Geoengineering Governance Initiative
to set up informal international discussions on geoengineering
<https://phys.org/tags/geoengineering/> governance. That's very
constructive. Getting a formal U.N. process going can take many years, and
can be burdened by many compromises, so having an informal process to get
the ball rolling is a positive step.

*This story is republished courtesy of Earth Institute, Columbia
University http://blogs.ei.columbia.edu <http://blogs.ei.columbia.edu/>.*

*Provided by:* Columbia University
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