The Obama administration is working to forge a sweeping international climate change agreement to compel nations to cut their planet-warming fossil fuel emissions but without ratification from Congress.
In preparation for this agreement, to be signed at a U.N. summit meeting in 2015 in Paris, the negotiators are meeting with diplomats from other countries to broker a deal to commit some of the world’s largest economies to enact laws to reduce their carbon pollution.
But under the Constitution, a president may enter into a legally binding treaty only if it is approved by a two-thirds majority of the Senate.
To sidestep that requirement, President Barack Obama’s climate negotiators are devising what they call a “politically binding” deal that would “name and shame” countries into cutting their emissions.
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The deal is likely to face strong objections from Republicans on Capitol Hill and from poor countries around the world, but negotiators say it may be the only realistic path.
“If you want a deal that includes all the major emitters, including the U.S., you cannot realistically pursue a legally binding treaty at this time,” said Paul Bledsoe, a top climate change official in the Clinton administration who works closely with the Obama White House on international climate change policy.
Lawmakers in both parties on Capitol Hill say there is no chance that the gridlocked Senate will ratify a climate change treaty in the near future, especially in a political environment where many Republican lawmakers remain skeptical of human-caused global warming.
“There’s a strong understanding of the difficulties of the U.S. situation and a willingness to work with the U.S. to get out of this impasse,” said Laurence Tubiana, the French ambassador for climate change to the United Nations. “There is an implicit understanding that this not require ratification by the Senate.”
U.S. negotiators are instead homing in on a hybrid agreement — a proposal to blend legally binding conditions from an existing 1992 treaty with new voluntary pledges. The mix would create a deal that would update the treaty, and thus, negotiators say, not require a new vote of ratification.
Countries would be legally required to enact domestic climate change policies — but would voluntarily pledge to achieve specific levels of emissions cuts and to channel money to poor countries to help them adapt to climate change. Countries might then be legally obligated to report their progress toward meeting those pledges at meetings held to identify those nations that did not meet their cuts.
“There’s some legal and political magic to this,” said Jake Schmidt, an expert in global climate negotiations with the Natural Resources Defense Council, an advocacy group. “They’re trying to move this as far as possible without having to reach the 67-vote threshold” in the Senate.
The strategy comes as scientists warn that the Earth is already experiencing the first signs of human-caused global warming — more severe drought and stronger wildfires, rising sea levels and more devastating storms — and the United Nations heads toward what many say is the body’s last chance to avert more catastrophic results in the coming century.
At the U.N. General Assembly in New York next month, delegates will gather at a sideline meeting on climate change to try to make progress toward the deal next year in Paris. A December meeting is planned in Lima, Peru, to draft the agreement.
In seeking to go around Congress to push his international climate change agenda, Obama is echoing his domestic climate strategy. In June, he bypassed Congress and used his executive authority to order a far-reaching regulation forcing U.S. coal-fired power plants to curb their carbon emissions.
But unilateral action by the world’s largest economy will not be enough to curb the rise of carbon pollution across the globe. That will be possible only if the world’s largest economies, including India and China, agree to enact similar cuts.
The Obama administration’s international climate strategy is likely to infuriate Republican lawmakers who already say the president is abusing his executive authority by pushing through major policies without congressional approval.
“Unfortunately, this would be just another of many examples of the Obama administration’s tendency to abide by laws that it likes and to disregard laws it doesn’t like — and to ignore the elected representatives of the people when they don’t agree,” said Sen. Mitch McConnell of Kentucky, the Senate Republican leader.
A deal that would not need to be ratified by the United States or any other nation is also drawing fire from the world’s poorest countries. In African and low-lying island nations, officials fear that any agreement made outside the structure of a traditional U.N. treaty will not bind rich countries to spend billions of dollars to help developing nations deal with the forces of climate change.
Meanwhile, a draft of a new international science report says global warming is here, human-caused and probably already dangerous — and it’s increasingly likely that the heating trend could be irreversible.
The U.N. Intergovernmental Panel on Climate Change on Monday sent governments a final draft of its synthesis report, which combines earlier reports. The 127-page draft, obtained by several news organizations, paints a harsh warning of what global warming will do to the environment.
Global warming already is impacting “all continents and across the oceans,” and further pollution from heat-trapping gases will raise the likelihood of “severe, pervasive and irreversible impacts for people and ecosystems,” the document says.
The Associated Press and Bloomberg contributed to this report.