A Forester’s Guide to Carbon Offsets
Carbon markets present a new way for timberland owners to
derive value from well-managed forests, and can serve as an additional source
of conservation benefit on lands already protected by a conservation easement. Landowners
with tracts in excess of 1000 acres currently stand well positioned to profit
from both regulated and voluntary carbon markets, even if their lands are
already under conservation easement.
What are carbon markets?
There are two major categories of carbon markets. The first
is a regulated market created by “cap and trade” regulations at the state and
regional level. These markets set a “cap” on total amount of allowable
greenhouse gas emissions. In order to prevent an amount of emissions from
exceeding this cap, each major polluter is allowed a specific amount.
Under a regulated market, emitters of greenhouse gases generally
have two ways to meet there obligations. They can 1) reduce their overall
emissions or 2) they can purchase an offset from another emitter that is below
its cap, or from organizations and private individuals that reduce overall
greenhouse gases through carbon sequestration efforts such as growing trees. It
is important to note that many of these regulated carbon offset markets were
initiated by various state governments, such as California, although
sequestration projects may be conducted in any of the lower 48 states while
still participating in another state’s program.
Forestland owners can also sell forest carbon credits onto
the voluntary market, where businesses and individuals voluntarily buy credits
to offset emissions of things like yearly business operations or a long plane
trip. Though this market isn’t regulated by government, forest carbon credits
that meet high standards can generate significant revenue. There are many
forest carbon protocols developed by non-profit organizations to quantify,
track, and manage voluntary carbon reductions according to rigorous standards.
Is my forest a good fit for a carbon project?
If you own and manage forestland, there is a possibility you
may be able to sell carbon credits generated from management activities on your
land. It is important to consider several questions before pursuing a carbon
project:
1)
Do you have enough forest land holdings to make
a carbon project worthwhile?
Carbon project development costs
are high, and at today’s carbon prices, projects on less than 1,000 acres are
not likely to generate a profit.
2)
Are you willing to commit to a new long term
management regime?
Carbon projects are required to
store additional carbon for 50 to 100 years in order to qualify for payments, meaning
that landowners and their families must be comfortable with the new management
practices necessary for a successful carbon project before embarking upon one.
3)
I have a relatively young forest. Is it a good fit
for a carbon offset program?
Forests of all ages are eligible, however
forests with timber volumes greater than the regional average are likely to
deliver more credits under some protocols.
What eligibility requirements must a carbon project meet?
While eligibility
requirements differ depending on what protocols are followed, there are several
elements that all rigorous forest carbon protocols share.
A.
Additionality
A forest carbon project must
create additional carbon in its trees and other plant biomass, beyond
business-as-usual scenarios. That can be accomplished through actions such as
selective tree harvesting and land management for wildlife habitat. But a
project would not receive credits for simply following state law. For example, carbon stored from trees
planted after harvesting would not constitute additional carbon in California,
Oregon or Washington, since reforestation is required in all three states.
B.
Baseline
A forest project must establish a
carbon storage baseline, which represents the amount of carbon that would be
stored in the forest and harvested timber without the new forest carbon
project. Additional carbon stored by the project is compared against this
baseline. A baseline could rely on historical practices or practices of
similarly situated neighbors.
C.
Leakage
Leakage is defined as a loss of
carbon in forests outside of a project area. For example, if a forest landowner
is reducing his harvest on lands managed to store additional carbon, he cannot
increase his harvest on another area of land to make up for lost timber revenue.
D. Permanence
The climate benefits of forest
carbon sequestration would be compromised through harvests or a change in
ownership and management that reduced the carbon stored on the project lands.
To guard against this, project developers need to provide legal assurance as to
the permanence of forestry projects. Most projects will need to guarantee
carbon storage for 100 years.
E.
Risk
All forest projects create a
buffer pool of carbon credits that are held in case of forest fires, insect
outbreaks, or other unplanned activities. A percentage of carbon credits from
each project are not sold on the carbon market and, instead, kept in reserve to
guard against risk.
What if my land is already under conservation easement?
Just because land may already be under conservation easement
does not prohibit landowners from realizing benefit from an effective carbon
sequestration project. Additionality stemming from the provisions of a
conservation easement may be captured by a carbon sequestration project, and
redeemed for carbon credits, so long as the land was placed under easement
within one year of the commencement of the sequestration project.
The only circumstances under which a conservation easement
might interfere with a profitable carbon sequestration project, are when the
land has been under easement for more than a year, and the terms of the
easement are such that the sequestration of additional carbon is not
attainable, or not attainable at a level significant enough to translate into a
viable and profitable project.
Contact Us
If you are a landowner that would like to explore the
possible financial and environmental benefits that may be realized from
implementing a carbon sequestration project on your lands, call us at Lee
Stephens Law, PLC today.