12/12/2016

On Climate Change And The Economy, We're Trapped In An Idiotic Netherworld

The Guardian

The shrieks of horror that follow mentions of pricing carbon show politics remains wedded to the belief that economic growth trumps concerns of climate change
‘Climate change is left to the side of the economic debate – and especially so under this government.’ Photograph: Sam Panthaky/AFP/Getty Images
This week was a prime example of how economics and, by extension, politics doesn’t cope very well with the issue of climate change.
The news that Australia economy went backwards in the September quarter was greeted with alarm by politicians and then used as a reason to push their policy barrow. And most of the barrows were piled high with coal.
The treasurer and the prime minister in their press conferences on Wednesday made great mention of the need to keep electricity prices low for the economy to grow.
Malcolm Turnbull especially was in full Tony Abbott 2010 mode out of a desire to cover the silly back flip on the issue of investigating whether or not to introduce an emissions intensity trading scheme.
When asked about the prospect of GDP growth going backwards he immediately responded by suggesting the issue was for Bill Shorten to “explain why he is proposing to increase the price of electricity”.
Never mind that such a scheme would more efficiently price emissions than does the current system, for now we remained trapped in an idiotic netherworld where any mention of pricing carbon (no matter how oblique) must be greeted with shrieks of horror, with the prime minister leading the chorus.
And while you do wonder if Malcolm Turnbull ever looks in the mirror in the morning and asks himself how it all came to this – or whether he first rings Cory Bernardi to ask whether he is allowed to look into the mirror and ask such questions – the broader issue is that this netherworld is one that inherently sees action on climate change as a negative for the economy.
And by contrast, the economic impact of anything that will cause climate change is seen as inherently positive.
The deputy prime minister, Barnaby Joyce, for example, took the decline in the GDP growth as further evidence of why investment in the Adani coal mine was essential.
He argued in favour of a $1bn government loan to build the railway from the proposed mine site to Abbot Point port saying “you need that money to flow. If the loan facilitates this happening or expediting this process then I’ve got no problems with the loan”.
The problem is if you loaned any company $1bn to build something it would also get income flowing, and it also would create jobs – jobs that would not only be less harmful to the environment, but also more likely to exists than the fanciful 10,000 that have been spruiked by both the federal and Queensland governments.
Talk of jobs and growth from mining investment or the cost of jobs and growth from pricing carbon always quickly skips past the reason why anyone would actually wish to price carbon or be against a coal mine.
Climate change is left to the side of the economic debate – and especially so under this government.
The topic was all but ignored in the 2015 intergenerational report, and any concerns about the impact of the Carmichael mine on the local environment due to water use, or the on the Great Barrier Reef, let alone on the climate, are quickly trammelled by those championing economic growth.
The issue is treated similar to how politicians in the past used to flick away suggestions about inequality by arguing that there had to be a trade-off between growth and equality.
Now economists realise that equality actually promotes economic growth, and so too are economists realising that climate change must be considered within economic growth – not as a trade-off, but because the impacts of climate change are so great they must be an essential component of policies geared towards economic growth.
Last month a group of economists including Nobel laureate Joseph Stiglitz, signed “the Stockholm Statement” which seeks to guide policymaking.
The statement notes as one of its core principles that “Environmental Sustainability is a Requirement, Not an Option”.
Earlier this month, former chief economist of the World Bank, and also a signatory of the statement, Professor Kaushik Basu, told me that governments when crafting economic policy makers “should build in right from the start the need to protect the environment to make sure they’re not damaging the climate”.
Professor Basu, who has also worked as an advisor to the Indian government, also dismissed suggestions that economies like India need not worry about climate change. He argued that “there is really no conflict between the interests of the poor and activism on the environmental front”. Indeed he noted that “it is the poor who take the brunt of the bad karma on this – it hits the poor”.
The lack of spine displayed by Malcolm Turnbull this week on carbon pricing and the glee by both the federal and Queensland government towards he Carmichael mine highlight that politics remains wedded to the belief that economic growth trumps concerns of climate change.
Unfortunately such thinking only makes the problem worse.
Viewing investment in a coal mine as the solution is like a smoker suggesting another cigarette at least will alleviate the nicotine withdraw.
This week the Queensland Premier Annastacia Palaszczuk, argued that “the life of this project will be anywhere between 50 and 60 years. That means generational jobs.”
But given the current trajectory of climate change, those in 60 years will be only shaking their heads in wonder that a politician would be so naive as to talk of economic growth without thinking what that type of growth would do to the planet.

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New Legal Opinion And Business Roundtable On Climate Risks And Directors’ Duties

Centre For Policy Development

CPD has released a new legal opinion on the extent to which Australian corporate law permits (and indeed requires) company directors to take climate change into account when making decisions about company strategy, performance and risk disclosure. The opinion was commissioned by CPD in partnership with the Future Business Council, and provided by Noel Hutley SC and Sebastian Hartford-Davis on instruction from Sarah Barker and Maged Girgis of Minter Ellison Lawyers. CPD and FBC convened a high-level business roundtable in Melbourne on 21 October to discuss the opinion and its far-reaching implications for boards and directors.

Legal opinion: directors’ duties and climate risk
The legal opinion shows that the bar for directors is rising as the links between social and environmental factors and financial risks and performance come into sharp focus. It demonstrates that directors who fail to consider the impact of foreseeable climate change risks on their business properly could be held personally liable for breaching the duty of due care and diligence they owe to their companies.
Key findings of the opinion include:
  • Climate change risks would be regarded as foreseeable by courts, and relevant to a director’s duty of care and diligence to the extent that those risks intersect with the interests of the company (for example, by presenting corporate opportunity or risks to the company or its business model).
  • Company directors are not legally restricted from taking into account climate change and related economic, environmental and social sustainability risks, where those risks are, or may be, material to the interests of the company.
  • Company directors certainly can, and in some cases should be considering the impact on their business of climate change risks – and that directors who fail to do so now could be found liable for breaching their duty of care and diligence in the future.
In Mr Hutley’s view, “it is likely to be only a matter of time before we see litigation against a director who has failed to perceive, disclose or take steps in relation to a foreseeable climate-related risk that can be demonstrated to have caused harm to a company.”

Key documents and media coverage 
Paris Agreement a watershed moment for corporate Australia‘ Adele Ferguson, Australian Financial Review
Business leaders heed warning on climate change risks‘ Damon Kitney, The Australian
Directors ignore climate risks at their own peril‘ Bryan Horrigan, Australian Financial Review
Company directors can be held legally liable for ignoring the risks from climate change‘ Sam Hurley, Travers McLeod and John Wiseman, The Conversation

This legal analysis reaffirms that directors are permitted to take a wide range of considerations into account when deciding what is in the best interests of a company, rather than focusing solely on immediate shareholder value maximisation. This includes climate risks and a range of other environmental, social and governance issues that influence the near and long-term performance of companies and of wider economy.
By exploring directors’ duties and sustainability through the prism of climate risk, we are seeking to highlight how crucial it is to elevate these issues to the boardroom level – and open up a constructive conversation about the skills, tools and strategies directors and boards need to improve sustainability risk management and disclosure. Encouraging and supporting directors to have proper regard to these issues is a key step towards ensuring that business is geared towards creating sustainable, long-term value and building an economy that recognises the interrelated economic, social, human and environmental drivers of prosperity and wellbeing.

CPD-FBC Business Roundtable on Directors’ Duties, Climate Risk and Sustainability
To begin that conversation, CPD and FBC convened over 30 senior business leaders, fund managers, legal experts and regulators to discuss the implications of the legal opinion at a business roundtable co-hosted by Minter Ellison Lawyers in Melbourne on 21 October. The roundtable, conducted on a Chatham House basis, considered the legal opinion and also heard from former Bank of England Executive Director Dr Paul Fisher, who highlighted how financial market participants and regulators internationally are stepping up their efforts to understand and respond to climate-related risks.
Participants included senior representatives from CBA, ANZ, BlackRock, Deutsche Bank, Aurizon, ASIC and APRA, leaders from some of Australia’s largest fund managers, and special guests former High Court Justice Kenneth Hayne AC QC and Shadow Attorney General Mark Dreyfus QC.
Dr Paul Fisher (left) addresses the roundtable
(Left to right) Participants Garry Weaven, Ed John and Lisa Nichols
Key conclusions and next steps
Participants at the roundtable emphasised the importance of the legal opinion, and agreed that many Australian companies are particularly exposed to the physical, transition and liability risks posted by climate change. While many boards and directors are already actively considering these issues, the discussion highlighted the challenges many faced in terms of managing and disclosing sustainability-related risks at the level of sophistication increasingly being demanded by regulators and markets. Possible responses included greater investment in risk analysis and integrated reporting; a focus on technical support and consolidating measurement of sustainability-related risks; diversifying voices at the board table; embracing transparency and disclosure of all risks rather than just those specified by regulators; and stepping up concerted public advocacy on these issues on chairs, directors and regulators.
Following the constructive discussion at the roundtable, we will continue our policy work on these issues in coming months, with a focus on three priorities:
  • Increasing awareness in the director community of the importance of properly considering climate change and other sustainability risks – including, but by no means solely, to avoid possible breaches of directors’ duties.
  • Encouraging regulators to raise expectations about proper management and disclosure of environmental, social and governance risks, by providing clearer guidance on disclosure requirements and by stepping up supervision and stress testing for systemic sustainability-related risks or shocks.
  • Promoting constructive engagement by business leaders on long-term policy challenges, to support policies that can avert the need for sharper and riskier adjustments to inevitable trends and challenges like climate change.
Quotes from roundtable participants:
We need to somehow put aside all the political considerations about whether people believe in climate change or whether its man-made. A lot of that is now irrelevant. This is a hard-headed commercial business risk issue, particularly for firms in the financial sector, which they need to be taking into account…
You don’t need to believe that climate change is man made, you just need to believe that governments are going to do something about it – which they are. Previously people have said climate change is going to take a long time to come through – 30, 50 years, plenty of time to take action. But of course, financial markets are forward-looking, and as news accumulates they tend to jump and overshoot. The risk that we see, and that Mark Carney has been talking about, is that you get a sudden repricing of assets across the board in relation to news on climate – and that could generate financial stability concerns.
Dr Paul Fisher, former Executive Director of the Bank of England 
The roundtable was significant because of the quality of people in the room, the calibre of the legal opinion, and the collective recognition that climate and sustainability risks are becoming more pressing for directors, fund managers and regulators. Directors now have little choice but to understand how important climate change and sustainability risks are for them personally and for their companies, and act accordingly. 
 Many forward-looking directors and executives have started grappling with this. There is only upside if everyone else gets up to speed, but we don’t have much time. Boards must ensure they have the targets, skills and processes in place to identify, disclose and respond to these risks – not just for legal or environmental reasons, but because the market demands we do so. One part of that equation is having a diverse set of voices around the table. Another part is working together so we can ask the right questions and get better answers. The roundtable and legal opinion have kickstarted the right conversation about how Australian directors, investors and regulators can be better prepared and show greater leadership as the issues come into sharper focus. 
Sam Mostyn, Chair of Citigroup Australia
“I was impressed to see such high level representation at the round table from investors, corporate leadership, academia and the legal world, reflecting a recognition of the pervasive nature of climate change risk. The very practical focus on the foreseeability of climate change risk, not just physical but also transitional and regulatory, and the implication of this for me as a director right now, made me think about this issue afresh. A timely and compelling reminder that it is my duty as a director to review the steps being taken now by my companies to identify, assess, disclose and mitigate climate change risk.  
This is not a recipe to abandon energy intensive and resource industries but neither is it a matter to push off to the future.  The question to me as a director from investors and from the courts (heaven forbid) will not be whether I considered climate change risk but how I did so.  I need to be able to answer that question appropriately.”  
Russell Caplan, Director of Aurizon and former Chair of Shell Australia


CPD would like to thank all those who participated in the roundtable and in providing the legal advice, with special thanks to Noel Hutley SC, opinion co-author Sebastian Hartford-Davis, instructing solicitor Sarah Barker of Minter Ellison and our partners at the Future Business Council.

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Climate Change Means Workdays Need To Change During Heatwaves, Public Health Official Warns

ABC NewsSimon Royal

Work changes will be needed as climate extremes increase, a public health official warns. (ABC News: Margaret Burin)
Workplace changes will be needed to deal with more severe heatwaves and other impacts of climate change, a public health official has warned.
With scientists predicting more frequent and intense heatwaves across south-east Australia, professor of public health at the University of Adelaide, Peng Bi, said work practices would need to adapt.
"During a heatwave, the 38-hour, nine-to-five week may not be the best thing, or the most healthy way to work," he said.
He said occupational health and safety laws needed a review to accommodate the changing climate.
"I reckon some regulations should be set up to get employers to pay [fresh] attention to the occupational health and safety of their employees," he said.
Professor Bi said Australian heatwaves were more likely to kill people than other weather extremes such as storms.
"Heatwave kills people more than the combination of all other natural disasters," he said.
After a 2009 heatwave, SA Health found ambulance callouts rose by 16 per cent and hospital emergency department admissions for heat-related illnesses were 14 times the average.

Swift burials during heatwave
One of the worst periods of extreme heat for south-east Australia, back in 1939, remains record-breaking for one Adelaide family business, Alfred James Funerals.
A record for the number of people the firm buried at that time has not been eclipsed to this day.
Managing director Graham James recalled the busy period.
"During the heatwave we handled 39 funerals in nine days, so it was double the normal level, " he said.
Alfred James Funerals managing director Graham James looks back at 1939 records. (ABC News: Michael Clements)
In  an era before refrigeration was common, he said burials happened swiftly.
"It's really like 'die today, bury tomorrow'," he said.
"That was the way things were done in those days.
"According to our records, on two occasions during the heatwave people who'd died in the morning were buried later that day."
Senior weather forecaster John Nairn said Australians needed to adapt to heatwaves as they grew in severity.
"We have to start talking about the impacts of these events," he said.
Mr Nairn cited American experience as a guide.
"The national weather service in America has been forecasting big natural hazard events quite well for a long time, but they are not seeing sufficient change in the way the community is getting benefits from those forecasts," he said.
"So we have to learn how to communicate this to people at a level where they start taking action that is more meaningful."
Many older people still recall the 1939 heatwave's intensity. (Supplied)
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