08/06/2017

How Scientists Reacted To The US Leaving The Paris Climate Agreement

NatureJeff Tollefson | Quirin Schiermeier

US President Donald Trump wants to boost the US coal industry. Luke Sharrett/Bloomberg/Getty
Nature rounds up reaction from researchers around the world to US President Donald Trump's decision to pull the United States out of the Paris climate agreement.

Jane Lubchenco, marine ecologist at Oregon State University in Corvallis and former administrator of the US National Oceanic and Atmospheric Administration:
Where to start? President Trump’s decision to withdraw from the Paris Agreement shows a blatant disregard for the wishes of most Americans and business leaders, an irresponsible and callous dismissal of the health, safety and economic well-being of Americans, a moral emptiness in ignoring impacts to the poorest people in the US and around the world, and gross ignorance about overwhelming scientific evidence. Far from “protecting America” as the president stated, withdrawing from Paris will make America more vulnerable and diminish its world leadership. It is terrifying that the individual who should be leading the rest of the world is so arrogant and irresponsible.
Our collective future and that of much of the rest of life on Earth depends in part on confronting climate change and ocean acidification. Doing so requires global collective action. It’s hard to imagine anyone consciously choosing to leave a legacy of impoverishment, economic disruption, increasingly bizarre weather, health impacts ranging from heat strokes to spread of diseases, rising sea levels and flooding — but that is just what the president has done. Moreover, the new path and the president’s proposed budget would forego significant economic opportunities.
Fortunately, mayors, governors, faith leaders, scientists and business executives understand what is at risk, respect the scientific evidence, and see the powerful economic potential and moral imperative in shifting to renewable energy, preparing to adapt to changes already under way, and investing in science and monitoring to guide future decisions. There is strong economic momentum to continue these actions, but they would have been accelerated and more effective with strong action and forceful leadership from the president. Alas, he has chosen instead to stick his head in the sand.

Jean-Pascal van Ypersele, climate scientist at the Catholic University of Louvain in Louvain-la-Neuve, Belgium, and former vice-chair of the Intergovernmental Panel on Climate Change (IPCC):
President Trump's decision to introduce a request to leave the Paris agreement in 2020 is regrettable. It negates both the results of (1) serious scientific analyses (many made by US scientists) about the urgency to address the climate change problem; and (2) the rigorous assessment made by the IPCC about the technical and socio-economic aspects of response options, including their significant co-benefits in other areas like air quality, energy security, health or job creation.
President Trump's speech attempting to justify his decision was an amazing concentrate of some of the worst climate confusers' and fossil lobbyists' arguments.
The United States has played a very important role over the years to foster and nurture quality scientific research about the causes and processes of climate change, the potential risks and the response options. It is a shame that this leadership by the US is temporarily lost. Others in Europe, Asia and emerging economies will most likely compensate for this loss, transforming a difficulty into an opportunity.
Almost 150 countries, representing close to 85% of greenhouse-gas emissions, have now ratified the Paris agreement. Removing the US contribution from this total still leaves almost two-thirds of the emissions covered by the remaining countries, which have confirmed their plans to honour the agreement. This means that the transition to a low-carbon economy, now seen as an opportunity by many, will continue unabated, with or without the US.

Susanne Dröge, climate-policy researcher at the German Institute for International and Security Affairs in Berlin:
The US pull-out is bad news for the international climate process. The United Nations negotiations need to focus on implementation. This will become more difficult, also because it is unclear how Trump wants to renegotiate the agreement. Political attention is absorbed due to the US move, attention that is needed for much more important issues such as bringing climate action forward.

Thomas Stocker, former co-chair of climate science for the IPCC, and climate and environmental physicist at the University of Bern, Switzerland:
Trump’s decision to ignore scientific facts of climate disruption and the high risks of climate-change impacts is irresponsible not only towards his own people but to all people and life on this planet. The US administration prefers old technology over innovation and transformation. It is rejecting the enormous benefits and returns that leadership in the next industrial revolution — decarbonization — has to offer.
The United States is the second-biggest emitter of carbon dioxide worldwide (and has contributed, with Europe, 52% of the share of cumulative carbon emissions since industrialization). It is withdrawing from its historical responsibility to reduce greenhouse-gas emissions and lead the way forward. Given the continuous commitment of most countries to reduce emissions, and the firm leadership of Europe, China and Russia in shaping the transformation towards a decarbonized economy, the United States runs the risk of being left behind and missing one of the greatest economic opportunities of our time.

Susan Lozier, oceanographer at Duke University in Durham, North Carolina:
Trump’s decision is as short-sighted as it is disheartening. The oceans already hold about 35% of the carbon dioxide that has been released to the atmosphere since the Industrial Revolution. Nothing good for the ocean and the life it contains comes from this storage. Whether you simply admire marine life or count on it for your livelihood, this decision shouldn’t sit well. An already fragile ocean is further imperilled.

Kevin Anderson, deputy director of the Tyndall Centre for Climate Change Research in Manchester, UK:
Beneath the veil of the low-carbon rhetoric of the Paris agreement, there is no evidence of a mitigation agenda even approaching the scale of our international obligations. Trump’s ostensibly reckless decision can be used either as a further excuse for continued apathy or as a catalyst for transforming our comfortable rhetoric into meaningful and timely action. In that regard, Trump’s ignorant blunderings can inadvertently be a force for good. Channelled positively, it could yet oblige the rest of us to forego our increasing reliance on speculative technologies and incremental carbon prices and begin to shape a mitigation agenda that is fit for purpose.
We need to take Trump at face value. If he is successful in returning the US to a coal-based economy (and that looks unlikely), then the European Union needs to borrow his ‘protectionist’ cloak and put in place carbon standards for imported goods.
Finally, let’s keep Trump in context. US states and cities have considerable devolved powers — and many of their leaders continue to favour climate science.

Joeri Rogelj, energy researcher at the International Institute for Applied Systems Analysis in Laxenburg, Austria:
The US withdrawing from the Paris agreement is damaging for international collaborative efforts to limit climate change, but will likely be most damaging to the US economy itself. The US has decided to sideline itself, internationally, diplomatically and morally — not to prepare itself for the future, but to gaze into the past for a few more years. Many other major economies, including China and the European Union, have indicated their strong commitment to implementing the climate agreement. This signal will spur innovation and business development in these regions. However, the US government refuses to give US businesses such a clear sense of direction and is disregarding the most robust scientific evidence by doing so. By setting research, innovation and business priorities based on misleading short-term political goals, the US will miss the boat and might become a laggard in the global technology and innovation landscape.
The climate issue is a global and a cumulative problem that was not solved in one go with the Paris agreement, but requires incremental updates and adjustments of climate action. To halt climate change, global carbon dioxide emissions need to be capped and annual emissions need to be brought to zero. One country failing on its commitments thus implies that deeper emissions cuts are required in other regions or later in the future. This makes the problem harder and less equitable to solve.

Oliver Geden, visiting research fellow at the Institute for Science, Innovation and Society, University of Oxford, UK:
The United States gave up climate leadership on the day of Trump's inauguration. In March, Trump announced his rollback of Obama-era climate regulations. So it’s been clear for some time that the US federal government is not going to act on climate change in the foreseeable future. Withdrawing from the Paris agreement is just another step, although a highly symbolic one.
For now, it seems that this step reunites the rest of the world, but only on the symbolic level. It is quite easy for a government to declare that it will stick to the Paris agreement. But in a regime of bottom-up climate policy that still aims to achieve top-down temperature targets, other governments would need to step up and declare that they increase their mitigation pledges — and act accordingly. That's obviously the harder thing to do.

Katharine Hayhoe, director of the Climate Science Center at Texas Tech University in Lubbock:
The biggest loser from the decision could be the United States itself. Why? Because although the Paris agreement is a climate treaty, a triumph for evidence-based decision-making, it’s also much more: a trade agreement, an investment blueprint and a strong incentive for innovation in the energy and the economy of the future.
Earlier this week, India broke its own record for the lowest bids for electricity from solar power. Last month, Ernst & Young listed its most attractive markets for renewables: the United States came third, behind China and India. And earlier this year, China announced a US$360-billion investment in clean energy to create 13 million new jobs. The US announcement shows that it will be doing its best to turn back the clock, while the rest of the world accelerates into the future.
It’s true that federal policy is only one piece of the pie, and not even the biggest one. Cities, states and private industry have arguably played an even more important role in shaping US technological innovation, energy mix and carbon emissions over the past ten years, even under proactive federal climate policy. But Trump’s announcement sends a strong message that the US would rather be one of only two nations in the world that is not interested in preventing “dangerous anthropogenic interference with the climate system”. That other nation? War-torn Syria. (Note that Nicaragua is also opting out of the agreement — but in that case it’s because it wants to do more, not less.)

Atte Korhola, climate-policy and environmental-change researcher at the University of Helsinki, Finland:
The US withdrawal from the Paris climate agreement is very disappointing and unfavourable for the United States and the rest of the world. Many climate scientists consider the Paris agreement insufficient for limiting warming to 2 °C, so the task will be all the harder now. However, international climate agreements have not been very effective so far in reducing emissions, so there is still hope that the United States will proceed on other fronts, such as through bilateral agreements, clean-tech development and investing in new ‘negative emissions’ technologies.
But the plans by the Trump administration to cut more than 30% from the Environmental Protection Agency’s budget and about 70% of the funding for renewable-energy research and development unfortunately don’t point in this direction. The situation in all respects is quite depressing. The only hope is that the US states, cities and companies will continue their effective work to cut emissions.

Benjamin Santer, climate scientist at Lawrence Livermore National Laboratory in California:
In Shakespeare's Julius Caesar, Brutus said these famous lines: "There is a tide in the affairs of men. Which, taken at the flood, leads on to fortune; Omitted, all the voyage of their life is bound in shallows and in miseries."
Today, the United States pulled out of the Paris climate agreement and missed the rising tide. Far from "Making America Great Again", this decision condemns the United States to becoming one of the 'has-beens' of history. We will become increasingly irrelevant to the rest of the world. They are going forward; we are going backward.

Hans Joachim Schellnhuber, director of the Potsdam Institute for Climate Impact Research in Potsdam, Germany:
It will not substantially hamper global climate progress if the US really quits the Paris agreement, but it will hurt the American economy and society alike. China and Europe have become world leaders on the path towards green development already and will strengthen their position if the US slips back at the national level. Innovative states such as California, the world's sixth-largest economy, will keep going for climate action, however. The Washington people around Trump hide in the trenches of the past instead of building the future. They fail to recognize that the climate wars are over, while the race for sustainable prosperity is on.

David Victor, climate-policy expert at the University of California, San Diego:
The odds of other countries renegotiating Paris are low to zero. The whole structure of the Paris agreement is to allow countries to set their own commitments. So there is nobody to negotiate with if a country needs to adjust. This claim that the problem with Paris is that the deal wasn’t struck properly is a disingenuous argument that is not informed by how Paris actually works, nor by any reality about how the world actually crafts big complex deals.

Glen Peters, climate-policy expert at the Center for International Climate and Environmental Research in Oslo:
It seems that Trump and his advisers have completely misconceived what the Paris agreement is. All his reasons for pulling out were basically the concessions that forged the path to the creation of the Paris agreement. Paris is the agreement that Trump desires!
The genius of Paris is to allow countries to put forward emission pledges that they feel they can meet (Nationally Determined Contributions). The US pledge was put forward by the US, alone. Countries are already enacting their emissions pledges, and — as could be expected by the design of the Paris agreement — most countries show signs of exceeding their conservative emissions pledges. China looks like it may peak its emissions a decade earlier than pledged. India has slowed down on coal consumption and sped up on solar deployment. Even the US has made great strides in the past decade, and was poised to make more.
The irony is that Paris is working, because it is designed to be flexible to the national circumstances that Trump himself champions!

Myles Allen, climate scientist at the University of Oxford, UK:
The Paris agreement is far from perfect, and one of its problems, as we are seeing now, is the lack of any real penalty for pulling out. Talk of trade sanctions is pure hyperbole and the last thing the world needs right now. But perhaps it is time to think about a simple product label: “Made in and sourced from regions that support the Paris climate agreement.” With California and Oregon insisting they will abide by the terms of the Paris agreement anyway, we could then have an interesting discussion about whether and how this could be stuck on Californian orange juice — or computers containing Intel chips.
Painful though it may be for the agreement’s supporters, acknowledging that it isn’t perfect must also be part of the response to this proposal to renegotiate the US terms of participation. Some, no doubt, will see this as just a distraction tactic. Others would argue that even to begin to negotiate would be to deliver Trump an ill-deserved political “win”. But thinking beyond 2020, we will eventually need to work out how to make the agreement both more effective and more acceptable to nations, companies and individuals that own substantial fossil-fuel reserves — or the US won’t be the last to leave.

Benjamin Sanderson, climate modeller at the National Center for Atmospheric Research in Boulder, Colorado:
Today's announcement that the US will depart from the Paris agreement is unfortunate, but it is no time for fatalism. From this point forward, there are now large uncertainties in global mitigation efforts over the coming years. The long-term evolution of the climate hinges on what other countries, and agents both within and outside of the US, do in response to the US departure from the agreement.
A complete failure of the agreement at this point, with business-as-usual growth for another decade, would almost certainly commit the planet to significantly more warming than the Paris goals, and the human consequences of this would be catastrophic. However, some major remaining signatories have expressed a commitment to increasing mitigation goals, and within the US, many states, cities and some of the country's largest companies are committed to mitigation irrespective of the US participation in the agreement.
Decisions made today are made in the context of confident projections of future warming with continued emissions, but clearly there is more to do to better characterize the human and economic consequences of delaying action on climate change and how to frame these issues in the context of other concerns. The role of the scientific community is more important than ever, both to continue to provide the best possible research to inform decisions, and to communicate any risks associated with further emissions in a publicly accessible fashion.

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Adani's 'Green Light' On Carmichael Coal Mine More Mirage Than Reality

Fairfax - Peter Hannam

Sometimes, the lost desert wanderer does stumble into an oasis, replete with proverbial date palms and life-saving waters.
Most such visions, though, turn out to be mirages.


Adani coal mine gets go ahead
Approval has been given for the controversial Carmichael coal mine in central Queensland. Vision courtesy ABC News

And so it is with the latest bold announcement from Adani. Queensland Premier Annastacia Palaszczuk materialised in Townsville on Tuesday too, to hear the company declare it had approved a "final investment decision" for its Carmichael coal mine.
"Adani Project Gets Green Light", the Indian-owned miner trumpeted.
Indeed, "pre-construction work" on the Galilee Basin mine is to begin in the September quarter on a project that has so far cost the company $3.3 billion – including the purchase of Abbot Point coal port.
The Carmichael projects will generate 10,000 direct and indirect jobs, it said.
Interestingly, though, Adani omitted any number on the cost of the project. Is it $16.5 billion and Australia's biggest proposed coal mine, as so often claimed?
A lot else was left unsaid, not least that the mine is yet to receive definitive financial close.
Adani Group founder Gautam Adani says the company "is still facing activists".  Photo: AAP
Not so mega
That's why Downer EDI, one of the expected beneficiaries on Tuesday only said it had received "further clarification of the scope of work to be done and the process for negotiating a binding mining services contract".
The Queensland government is keenly aware what is being proposed so far by Adani is not a "megamine", as Treasurer Curtis Pitt noted last week. Carmichael "is certainly smaller than many mines around the world", Pitt said.
Queensland Premier Annastacia Palaszczuk.  Photo: Bradley Kanaris
True, the $4 billion-odd mine being discussed in the Queensland cabinet might one day be expanded towards the original 60 million tonnes-a-year monster that has fossil fuel fans drooling and environmentalists fuming.
But that "might" needs many unlikely factors to fall its way.
Adani not yet ready to roll. Photo: Glenn Hunt
Can Adani get a $900 million loan from the federal government for a 400-kilometre railway to link mine and port, for instance?
Can it get over remaining legal challenges, not to mention the protests from environmental groups determined to head off another giant source of greenhouse gases that will help cook what remains of the Great Barrier Reef, and all the tens of thousands of tourism jobs dependent on that?
"We have been challenged by activists in the courts, in inner city streets, and even outside banks that have not even been approached to finance the project," Gautam Adani, the company's chairman, intoned in Churchillian terms, omitting all but the beaches.
"We are still facing activists. But we are committed to this project."

Biggest hurdle
The highest hurdles, though, have always been thrown up by the investment and financial community. With Australian banks ruling out support, international investors are left to wonder what they know about the mine's viability.
Investment bank UBS's commodity team reviewed the prospects of Galilee coal in 2013. The team estimated then a $110 a tonne thermal coal price would be needed for the projects there to be viable.
Even assuming some costs may be lower now, the outlook for coal is, if anything dimming, further.
That sum compares with KPMG's forecast last month of Newcastle's benchmark coal trading below $US65 ($87) a tonne for years to come – even before a discount is applied to Carmichael's typically poorer quality coal. (See KPMG's forecast Newcastle coal benchmark price chart below.)
It's not only that the coal price remains nowhere near what would make Galilee's lower quality coal profitable, especially when compared with Hunter Valley's exports.
But also that the whole "pit to plug" plan Adani was touting – digging, shipping, and burning its own coal – is looking increasingly dubious.
Tim Buckley, a former Citi analyst and now director of the coal-sceptic Institute for Energy Economics & Financial Analysis, notes the news at home just gets worse for Adani.
Adani Power declared on Monday it was considering selling control of one of its biggest coal-fired power stations mostly because it could not compete with domestic coal. And India has vowed to ban imported coal within a year to save foreign exchange.
With Carmichael's prospects bad and getting worse, for Buckley the biggest question might be why Australian governments and the hopeful suppliers are being dragged along for the ride.
"What game are they playing because Adani is not getting to financial close today," Buckley says.

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Why The Fossil Fuel Companies Won't Defend the Government In Court On Climate

Pacific Standard

Twenty-one young Americans are suing the U.S. government for ignoring climate change—and industry groups now seem terrified.
President Donald Trump waves goodbye after announcing his decision to pull the United States out of the Paris climate agreement on June 1st, 2017. (Photo: Chip Somodevilla/Getty Images)
Last week, the three major trade groups representing the fossil fuel industry dodged, just in time, being forced to defend their position on climate change in court. The Trump administration, despite its withdrawal from the Paris climate accord, will not be so lucky.
Last Thursday the American Petroleum Institute and the American Fuel & Petrochemical Manufacturers filed motions to withdraw from their defense of the government in the groundbreaking case Juliana v. United States. Three days earlier the National Association of Manufacturers had done the same. Taken together, these three giants of American industry are retreating as fast as they can from a case that leaves the administration in a legal squeeze.
The administration and the trade groups have been backed into an extraordinary legal corner in the case brought by 21 youngsters, who allege that, for over five decades, the government promoted the use of fossil fuels while knowing that the resulting greenhouse gases would undermine quality of life for future generations. According to the lawsuit, such willfully destructive actions constitute a violation of the plaintiffs' rights to a healthy and safe world, and their ability to pass down a livable planet to their offspring. The young plaintiffs demand that the government impose limits on CO2 and other greenhouse gas emissions to slow atmospheric corrosion. "What we're looking at is for the court to set a constitutional standard for protecting these kids rights that's based on scientific evidence," says Julia Olson, the plaintiffs' chief counsel.

The fossil fuel intervenors may have just barely dodged a bullet from their own gun
The young plaintiffs, supported by a Eugene, Oregon group of environmental lawyers, Our Children's Trust, filed the initial suit in August of 2015 against the Obama administration. Later that year, the three trade associations requested that the court include them as intervenors in the case—a position akin to being co-defendants. The trade organizations feared that an adverse decision would negatively affect their industries, and that President Barack Obama's Department of Justice would not launch a sufficiently vigorous defense. That changed after the election of Donald Trump, who has reversed Obama's clean power initiative, defunded renewable energy initiatives, and shown his clear tilt toward fossil fuel-reliant industries. In a public statement last week, NAM Senior Counsel Linda Kelly explained the companies' reason for withdrawing from the government's defense: "As the dynamics have changed over the last several months," Kelly said, "we no longer feel that our participation in this case is needed to safeguard industry and our workers."*
But there are other forces at play, kicked into gear by a lawsuit that—despite repeated efforts by the companies and the government to have it dismissed and delayed—has been permitted to move forward by both federal judges who have had a chance to weigh in on the matter over the last two and a half years. These start with the "statement of facts" of the case that the plaintiffs alleged, and the Department of Justice conceded. Such statements are customary on large class-action suits, aimed at offering non-disputed terrain on which a case can be fought.
On January 18th, two days before Trump's inauguration, the Department of Justice formally agreed to 98 facts pertaining to climate change, humans' role in creating it, and its destructive future impacts. (The Obama administration opposed the plaintiffs' demand that the government be compelled to act on those facts with firm CO2 limits).

President Donald Trump's remarks appear on a television monitor as members of his administration and invited guests listen to him announce the decision to pull out of the Paris climate agreement at the White House on June 1st, 2017. (Photo: Chip Somodevilla/Getty Images)
Imagine the implications for the companies' admitting to, say, fact number 31 in that list: "Climate change is damaging human and natural systems, increasing the risk of loss of life, and requiring adaptation on larger and faster scales than current species have successfully achieved in the past, potentially increasing the risk of extinction or severe disruption for many species."
Elsewhere, the facts start to look like a litany of the reasons Obama signed the Paris Agreement and largely reflect the global scientific consensus. They include:
  • That for over 50 years, scientists and policymakers in the U.S. government have been aware of the growing body of research suggesting the disruptive impacts of greenhouse gas accumulation in the atmosphere that will likely get worse over time.
  • That the human use of fossil fuels is a major source of CO2 emissions that are a major contributor to climate change, and "place our nation on an increasingly costly, insecure and environmentally dangerous path."
  • That emissions of CO2, methane, and nitrous oxide are at "unprecedentedly high levels compared to the past 800,00 years of historical data and pose risks to human health and welfare."
In a number of instances, the Obama-era defense team even clarified the plaintiffs' allegations upward, suggesting they had underestimated the likely consequences of climate change. For example, the youths alleged that atmospheric concentrations of CO2 exceeded 400 parts-per-million in 2013 for the first time in recorded history; the federal defendants, with two more days left in Obama's term, upped the stakes, clarifying that it was "the first time in millions of years." And, in another instance, the plaintiffs asserted that sea level has been rising 3.2 millimeters yearly since 1993; the government disagreed—it's 3.4 millimeters a year.

The government's objections foreshadowed by a day the decision by Trump to withdraw from the Paris climate accord
The deadline for the intervenors' response to these and other statements of fact was May 25th. That's last Thursday, the very same day that API and their counterparts the AFPM bailed from the case. The NAM bailed three days earlier. Coincidence? Agreeing to any of these or numerous other facts agreed upon by the Obama administration could have opened the door to liability for damages caused by industry products.
These factual statements, then, create a quandary. Since they were already agreed upon by the government defendant, disputing them would have been the burden of the intervenor defendants, in a federal district court in Eugene, Oregon, where there's a far higher standard of evidence than, say, in the U.S. Congress. By withdrawing, not only did these industry groups avoid having to go on the record before a judge challenging widely accepted science about climate change; they also avoided a potentially divisive situation within their ranks: Many members of the NAM—for example, Apple, General Electric, Nissan, and many others—actually agree officially with the overall scientific findings on climate change. On the other hand, if the trade associations agreed to the admissions of fact, their member-companies, including all of America's oil companies, could open themselves to liability for their own contribution to climate change.
Then there's the document question. Facing major discovery demands, the companies tried to shield themselves behind the trade associations: Their lawyer, Frank Volpe, argued that API had no authority over the decisions of its member companies to provide requested documents. On a May 18th teleconference between the parties, Judge Thomas Coffin was skeptical. He questioned whether the companies could, on the one hand, join the case in order to fight it, and, on the other hand, argue that their internal records were not fair game for the plaintiffs. "I don't think they should it have it both ways, quite candidly," Coffin stated, according to a transcription of the call.**
Had the case proceeded with the trade associations onboard, their ability to shield the companies may not have held up, and documents shedding light on their knowledge of climate change and contributions to it were at risk of being prodded from the shadows—as has been occurring with API's most prominent member, ExxonMobil. That company is currently being investigated by the New York attorney general for privately collecting scientific information about the risks of climate change from the company's own scientists but publicly denying the existence of climate change, while helping to finance institutions that promoted climate-change denial.
Now there is no easy way out for the government. The companies' retreat leaves Trump and his team alone to face the quandary of what to do about those difficult facts. On May 31st, one day before Trump announced his decision to abandon the Paris climate accord, the plaintiffs got their answer: The government objected to requests for admissions on 10 important issues. These includes such statements as:
  • "[G]lobal warming of 2 degrees C above the pre-industrial global average temperature threatens the public health and welfare of current and future generations;" and: 
  • "[C]urrent, valid, peer-reviewed and published climate science supports an atmospheric CO2 concentration target of 350 ppm or below by the year 2100 as having a high likelihood of avoiding unusually serious risk of harm and threats to public health and welfare of present and future generations." The Department of Justice has objected to each assertion of climate-change impacts on the grounds of executive privilege, and that by admitting to them they'd be "render[ing] a legal conclusion by virtue of the admission."
In other words, the government's objections foreshadowed by a day the decision by Trump to withdraw from the Paris climate accord.
Still, there's another slip awaiting the administration: Because the government has objected to those and other facts central to the plaintiff's climate claims, it is now vulnerable to discovery requests from the plaintiffs' legal team, which is seeking to document the government's evasion of responsibility for the impacts of climate change. The numerous facts to which the Obama administration agreed sent a strong signal that the government is in possession of documents backing up basic scientific assertions. As Olson commented shortly after the objections were filed on Tuesday night: "We will begin taking depositions of government witnesses … and move to compel substantive discovery responses from the government." The case is shaping up to be a battle over climate change in a courtroom in Eugene. "Trump can withdraw from Paris but not from our lawsuit," Olson said.
Meanwhile, Coffin is expected to rule on the companies' requests to withdraw within two weeks. It looks likely that the fossil fuel intervenors may have just barely dodged a bullet from their own gun.

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