Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn


The Earth’s climate is changing. With unprecedented fires in California and the State’s litigation with the federal government, the Brazilian rainforest fires, and the aircraft industry’s inability to curb aircraft emissions, the current dire question becomes: Is there hope for the future of our planet?

To help us answer that question is Michael's guest Nicholas W. (“Nico”) van Aelstyn. Nico is a partner in the Real Estate, Land Use and Environmental Practice Group in the Sheppard Mullin San Francisco office. Nicholas has more than 25 years of environmental counseling and litigation experience. His environmental compliance counseling practice focuses on climate change, Brownfields redevelopment, sustainability and other regulatory and transactional matters.

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What We Discussed in This Episode:

  • Why was there no deal reached during the Madrid Conference of the Parties (COP) regarding sequestering carbon emissions?
  • How did the Covid pandemic affect the airline industry’s efforts to curb international aircraft emissions?
  • Does the international community have any recourse to assist in the protection of the Brazilian rainforests?
  • How have unprecedented climate events in California impacted federal and state disputes?
  • Is it fair to say that the cause of the recent California fires is the State’s mismanagement of the forests?
  • What does the Clean Air Act waiver provide, and what limits does it place on the Federal government’s preemptive rights?
  • What does California’s cap and trade program entail?
  • How is a compact different than a treaty?
  • What are the four requirements of the linkage emissions treaty?
  • What are the two types of Federal preemption?
  • Why combatting global climate change will require a massive amount of investment of capital
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