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United States Gives Notice of Withdrawal from Paris Agreement on Climate Change

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1 Paris Agreement, Art. 2(1)(a), opened for signature Apr. 22, 2016, TIAS No. 16-1104.

2 Id. Art 4(2).

3 Id. Art. 9(1).

4 Depositary Notification, Sec'y-Gen. of UN, Paris Agreement, Paris, Dec. 12, 2015, Entry into Force (Oct. 5, 2016), available at https://treaties.un.org/doc/Publication/CN/2016/CN.735.2016-Eng.pdf [https://perma.cc/VAX7-2RP5] [hereinafter Paris Agreement Depositary Notification, Entry into Force].

6 Id.

7 Depositary Notification, Sec'y Gen. of UN, Paris Agreement, Paris, Dec. 12, 2015, United States of America: Acceptance (Sept. 3, 2016), available at https://treaties.un.org/doc/Publication/CN/2016/CN.612.2016-Eng.pdf [https://perma.cc/8K2E-B5QG].

8 See White House Press Release, Press Briefing by Press Secretary Josh Earnest, Deputy NSA for Strategic Communications Ben Rhodes, Senior Advisor Brian Deese and Deputy NSA for International Economics Wally Adeyemo (Aug. 29, 2016), at https://obamawhitehouse.archives.gov/the-press-office/2016/08/29/press-briefing-press-secretary-josh-earnest-deputy-nsa-strategic [http://perma.cc/YD9B-UFX5] (“[T]he Paris agreement is an executive agreement. And so the President will use his authority that has been used in dozens of executive agreements in the past to join and formally deposit our instrument of acceptance and therefore put our country as a party to the Paris agreement.”); U.S. State Dep't Press Release, Senior State Department Official on the Paris Agreement Signing Ceremony (Apr. 20, 2016), at https://2009-2017.state.gov/r/pa/prs/ps/2016/04/256415.htm [http://perma.cc/MK3F-8MKF] (“With respect to the Paris agreement . . . we have a standard State Department exercise that we are currently going through for authorizing an executive agreement . . . .”). In reporting the Agreement to Congress, the Obama administration cited a number of sources of legal authority for concluding it as an executive agreement, including the preexisting United Nations Framework Convention on Climate Change. See Curtis A. Bradley & Jack L. Goldsmith, Presidential Control Over International Law, 131 Harv. L. Rev. 1201, 1250 (2018).

9 United States, First NDC Submission (2016), available at https://www4.unfccc.int/sites/ndcstaging/ PublishedDocuments/United%20States%20of%20America%20First/U.S.A.%20First%20NDC%20Submission.pdf [https://perma.cc/PPB7-B2AX]; United States, UNFCCC: NDC Registry (Interim), at https://www4.unfccc.int/sites/NDCStaging/Pages/Party.aspx?party=USA [https://perma.cc/6V7P-YZPV].

10 Remarks Announcing United States Withdrawal from the United Nations Framework Convention on Climate Change Paris Agreement, 2017 Daily Comp. Pres. Doc. 1 (June 1) [hereinafter Trump Statement of June 2017]. For discussion of the 2017 announcement of withdrawal, see generally Kristina Daugirdas & Julian Davis Mortenson, Contemporary Practice of the United States, 111 AJIL 1014, 1036–44 (2017).

11 Trump Statement of June 2017, supra note 10, at 2.

12 Paris Agreement, supra note 1, Art. 28(1); see Paris Agreement Depositary Notification, Entry into Force, supra note 4 (noting the Paris Agreement's entry into force on November 4, 2016).

13 Depositary Notification, Sec'y-Gen. of UN, Paris Agreement, Paris, Dec.12, 2015, United States of America: Withdrawal (Nov. 4, 2019), available at https://treaties.un.org/doc/Publication/CN/2019/CN.575.2019-Eng.pdf [hereinafter Paris Agreement Depository Notification, U.S. Withdrawal].

14 U.S. State Dep't Press Release, Michael R. Pompeo, Sec'y of State, On the U.S. Withdrawal from the Paris Agreement (Nov. 4, 2019), available at https://www.state.gov/on-the-u-s-withdrawal-from-the-paris-agreement [https://perma.cc/B9TP-B294].

15 Paris Agreement Depositary Notification, U.S. Withdrawal, supra note 13; see also Paris Agreement, supra note 1, Art. 28(2) (noting the one-year waiting period after the formal notification of withdrawal).

16 See Paris Agreement, supra note 1, Art. 21(3) (providing that nations can continue to join the Paris Agreement after its initial entry into force and that, for such a nation, “this Agreement shall enter into force on the thirtieth day after the date of deposit . . . of [that nation's] instrument of ratification, acceptance, approval, or accession”).

17 United Nations Framework Convention on Climate Change, 1771 UNTS 707 (May 9, 1992), at https://treaties.un.org/Pages/ViewDetailsIII.aspx?src=IND&mtdsg_no=XXVII-7&chapter=27&Temp=mtdsg3&clang=_en [https://perma.cc/L927-SJUC].

18 China, France Reaffirm Support of Paris Climate Agreement, Call It “Irreversible, Reuters (Nov. 6, 2019), at https://www.reuters.com/article/us-china-france-paris-agreement/china-france-reaffirm-support-of-paris-climate-agreement-call-it-irreversible-idUSKBN1XG0QJ; Accord Appel de Pékin sur la Conservation de la Biodiversité et le Changement Climatique, Élysée (Nov. 6, 2019), at https://www.elysee.fr/emmanuel-macron/2019/11/06/appel-de-pekin-sur-la-conservation-de-la-biodiversite-et-le-changement-climatique [https://perma.cc/D85B-EGNN]; see also Chinese Foreign Ministry Press Release, Chinese Foreign Ministry Spokesperson Geng Shuang's Regular Press Conference on November 5, 2019 (Nov. 5, 2019), at https://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/t1713475.shtml [https://perma.cc/GKB6-NSHP] (“China regrets that the US began the process to withdraw from the Paris Agreement . . . . We support the Paris Agreement, actively fulfill our international obligations that are consistent with our development stage and national condition, and take policy actions on climate change.”).

19 See, e.g., EU Hopes US Will Rethink Choice to Pull out of Climate Pact, AP News (Nov. 5, 2019), at https://apnews.com/f81a25b839324e578641946c358c22ec (quoting German Environment Minister Svenja Schulze as calling the U.S. withdrawal “regrettable” and noting that “[t]he rest of the world stands together on climate protection”); Rossella Tercatin, Israel Reaffirms Its Commitment to Paris Agreement, Jerusalem Post (Nov. 6, 2019), at https://www.jpost.com/Israel-News/Israel-reaffirms-its-commitment-to-Paris-Agreement-607032 (quoting Israeli Environmental Protection Minister Zeev Elkin as saying, “The decision made by the United States to withdraw from the Paris Agreement will not lead us to withdraw from it as well”).

20 European Commission (@EU_Commission), Twitter (Nov. 5, 2019, 5:32 AM), at https://twitter.com/EU_Commission/status/1191709918094598145?s=20 [https://perma.cc/B5WX-XLMC].

21 UN/US Paris Agreement Reax, UN Audiovisual Library (Nov. 5, 2019), at https://www.unmultimedia.org/avlibrary/asset/2494/2494475/ [https://perma.cc/78QW-QSAB].

22 U.S. Climate All. Press Release, U.S. Climate Alliance Governors Oppose Administration's Withdrawal from the Paris Agreement (Nov. 4, 2019), at http://www.usclimatealliance.org/publications/pariswithdrawal [http://perma.cc/M2V9-59QV].

23 Id.

24 Petition for Review, New York v. EPA, No. 19-1019 (D.C. Cir. Aug. 13, 2019), available at https://oag.ca.gov/system/files/attachments/press-docs/2019%2008%2013%20final%20petition%20for%20review.pdf.

25 Petition for Review, New York v. U.S. Dep't of Energy, No. 19-____ (2d Cir. Nov. 4, 2019), available at https://ag.ny.gov/sites/default/files/2019_11_04_petition_for_review_gsl_definition_rule_withdrawal_final.pdf.

26 See generally The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program, 84 Fed. Reg. 51,310 (Sept. 27, 2019).

28 Complaint, United States v. California, No. 19-2142 (E.D. Cal. Oct. 23, 2019), available at https://www.justice.gov/opa/press-release/file/1212416/download [https://perma.cc/M3TW-RQGZ] [hereinafter Complaint]; see also Amended Complaint, United States v. California, No. 19-2142 (E.D. Cal. Nov. 19, 2019).

29 Cal. Air Res. Bd., Linkage, at https://ww3.arb.ca.gov/cc/capandtrade/linkage/linkage.htm [perma.cc/JKN3-UG6G].

30 Cal. Air Res. Bd., Agreement on the Harmonization and Integration of Cap-and-Trade Programs for Reducing Greenhouse Gas Emissions, Art. 7, available at https://ww3.arb.ca.gov/cc/capandtrade/linkage/2017_linkage_agreement_ca-qc-on.pdf [https://perma.cc/QJC4-N5ZR]. This agreement was made in 2017, updating an earlier one from 2013. See Cal. Air Res. Bd., Agreement Between the California Air Resources Board and the Gouvernement du Québec Concerning the Harmonization and Integration of Cap-and-Trade Programs for Reducing Greenhouse Gas Emissions, available at https://ww3.arb.ca.gov/cc/capandtrade/linkage/ca_quebec_linking_agreement_english.pdf [https://perma.cc/72LK-E584].

31 Complaint, supra note 28, para. 3.

32 Governor of Cal. Press Release, Governor Newsom Statement on Trump Administration's Attack on California's Landmark Cap-and-Trade Program (Oct. 23, 2019), at https://www.gov.ca.gov/2019/10/23/governor-newsom-statement-on-trump-administrations-attack-on-californias-landmark-cap-and-trade-program [https://perma.cc/9FBY-CCTN].

33 See Stipulation and [Proposed] Order Extending Time for Defendants to Respond to Complaint or Amended Complaint, United States v. California, No. 19-2142 (E.D. Cal. Nov. 19, 2019) (requesting, with the joint agreement of the parties, that California have until January 6, 2020, to file an answer or a motion to dismiss).

United States Gives Notice of Withdrawal from Paris Agreement on Climate Change

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