ACtion Magazine - July/August 2017 - 10

Points of view
Keith Leonard,
Esquire

he Montreal Protocol on Substances
that Deplete the Ozone Layer (the
"Montreal Protocol") has been in effect since January 1, 1989 and was adopted
to reduce the production and consumption of
ozone depleting substances in order to protect
the earth's ozone layer. On Earth Day (April
22nd) in 2016, the Paris Agreement/Accord
was signed on behalf of the United States
(and multiple other countries) in a further effort on behalf of the signatory nations to combat climate change. It is an agreement within
the United Nations Framework Convention
on Climate Change (UNFCCC) dealing with
reducing greenhouse gas emissions. A 2016
survey by the Pew Research Center showed
that 48% of Americans believe that the Earth is
warming because of human activity. That same
survey, however, revealed that political differences continue to exist on the issue of climate
change: trust in climate scientists is low among
conservatives, while trust in those scientists is
high among liberals.
President Donald Trump has now announced that America is withdrawing from
the Paris Agreement in an effort to secure a
different deal. So far, France, Germany and
Italy have indicated their rejections of any
such effort to reopen climate talks. The stated
purpose of the Paris Agreement is to keep the
planet from warming by more than 1.5 degrees
Celsius above preindustrial levels. In that regard, the signatory countries agreed to work
toward the phasing out of fossil fuels like oil,

coal, and natural gas while developing and
adopting cleaner or renewable energy sources.
Only China is currently a larger carbon emitter than the United States. Another 2016 Pew
Study found that 50% of Americans oppose
increasing foreign aid. Part of the Paris Agreement included a commitment by the United
States to contribute some $3 billion in aid to
poorer countries in furtherance of the purposes
of the Agreement, with $1 billion having been
contributed during the Obama administration.
President Trump has indicated that no further
payments will be forthcoming pursuant to the
Agreement.
It's no surprise responses to President
Trump's announcement have been quick and
varied, with the reactions in the United States
again breaking down largely along liberal and
conservative lines. A columnist for the National
Review immediately jumped to the defense of
President Trump's decision, citing the lack of
constitutional processes being followed when
the United States became a signatory to the
Paris Agreement. Treaties have to be ratified
by a necessary vote of the United States Senate and once ratified, a treaty becomes binding
on the country as well as the other signatory
(ies) to the treaty. The columnist's argument is
that the Paris Agreement is a nonbinding pact
which, if violated, is not a breach of international law. Effectively, his position supporting
President Trump's decision is that "A nation
should have the liberty to respond to the needs
of its population." Thus, economic interests

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ACTION * July/August 2017

should prevail over an agreement, when that
agreement is not one approved through the
constitutional processes.
Of course, opposition to President Trump's
decision is likewise vocal, decrying it as evidence of a total indifference to climate change,
detrimental to the economic interests of this
country, and even allowing China to jump in
as the global leader ahead of the United States.
While President Trump is being accused of prioritizing economic interests ahead of climate
change, critics are pointing to studies which
conclude that withdrawing from the Paris
Agreement will ultimately cost the United
States trillions of dollars.
Regardless of your viewpoint on the decision, certain things are clear and others
definitely not evident in connection with the
decision. The decision is an indication that
economic power together with military power
(based upon other decisions thus far by President Trump) are the powers his Administration
wants to exert on behalf of the United States.
The decision is an indication that isolationism won out this time over internationalism
among the policy advisers and makers in the
Administration. On the other hand, prognosticators notwithstanding, it will be years before
the true effects of President Trump's decision
are discovered. Yale University's latest Environmental Performance Index grades United
States at 26th (out of 180 countries) in water
and air quality, biodiversity, agricultural outputs and climate change efforts. Only time will
tell if jobs, more pollution, or adverse climate
change will result from the decision, or all of
them.
Remember that laws are constantly
changing and are often not uniform
throughout the United States. Do
not place unqualified reliance on the
information in this article. Always
contact legal counsel for detailed
advice.
If you have a particular issue, law
or problem you would like to see
addressed in a future column, please
contact me at KLeonard@LeonardSciolla.com, or Leonard, Sciolla,
Hutchison, Leonard & Tinari, LLP,
215-567-1530.

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Table of Contents for the Digital Edition of ACtion Magazine - July/August 2017