High Court’s recognition of constitutional right to environmental protection is to be commended
Irish High Court
The recognition for the first time in an Irish court of a constitutional right to environmental protection “that is consistent with the human dignity and well-being of citizens at large” is a legal milestone. It is to be commended as a provision for the public good.
The High Court decision last week arose in a case brought by the environmental group Friends of the Irish Environment (FIE), and emerged in spite of their challenge to planning permission for a new runway at Dublin Airport being dismissed.
The right will add to the legal armoury for those living with the consequences of persistent environmental damage; citizens experiencing long-term pollution that is often a threat to their health; and people living with negative impacts of climate change where legally-binding measures and targets for reducing carbon emissions are not being adhered to.
A right to an environment that is consistent with the human dignity and wellbeing of citizens at large is an essential condition for the fulfilment of all human rights
FIE had argued the proposed runway would result in additional greenhouse gas emissions which would increase the pace of climate change.
In his judgment, Mr Justice Max Barrett said: “A right to an environment that is consistent with the human dignity and wellbeing of citizens at large is an essential condition for the fulfilment of all human rights”.
It is an indispensable existential right that is enjoyed universally, yet which is vested personally as a right under Article 40.3.1 of the Constitution, he found. “It is not so utopian a right that it can never be enforced.”
The State had argued there was no unenumerated, or unwritten, right to an environment in the Constitution.
The Environmental Pillar – an alliance of environmental groups – had called for a referendum to give a constitutional right to environmental protection to the people of Ireland in its submission to the Citizens’ Assembly on climate change.
But this was not taken up in that body’s recommendations to the Government.
Instead, the right has become available via a different channel.
It is a progressive move that will greatly assist those seeking to hold the Government and State accountable for their responsibilities on the environment and climate change.
National Geographic - Erin Stone
These innovators are combating climate change and restoring forests with the latest technology.
This video from BCE demonstrates how the reforestation project works.
Every year, about 15 billion trees are cut down to make way for agriculture, mining, logging, and urban sprawl. Such mass deforestation has accelerated global warming and imperiled the survival of millions of species. Though many nations, organizations, and even individuals
have tried, no one has been able to plant enough trees to make up for
that loss—but some innovative entrepreneurs are working on a high-tech
solution. BioCarbon Engineering
(BCE), a U.K.-based start-up, has developed a technique that they say
could potentially plant one billion trees per day. The method? Drones.
Current tree-planting programs "are just not fast enough,” said Irina
Fedorenko, a co-founder of the company. “But our technology is
automated, so we can scale up quite realistically and quite quickly.” (Learn about the teenager who is on track to plant a trillion trees.)
Trees are critical to absorbing the greenhouse gases that contribute
to global warming. Without them, the speed and severity of climate
change will continue to escalate. But for their part, BCE has dubbed
their strategy “industrial-scale reforestation.”
First, a drone scans the terrain and develops a 3-D map of the area.
Then, using the data from this “smart map,” the team develops an
algorithm for a unique planting pattern. A “firing drone” uses the
algorithm to carry out the planting strategy. The drone flies about six
feet above the ground, firing germinated seed pods at a speed that will
get them under the soil. One drone operator can manage six drones.
It’s similar to strategies used for precision farming, except in this
case, the firing drones take the place of tractors—“sky tractors,” as
Fedorenko refers to them.
The system’s designers say their technique is much more efficient and
accurate than regular aerial seeding methods. Initial testing in the
U.K. found that the species planted by drone had a better survival rate
than helicopter spreading that's more commonly used. Some species even
had survival rates nearly identical to hand planting.
“We are bridging this gap between ground-based technologies like
tractors and aerial technologies such as helicopters,” Fedorenko says.
Speed is the most revolutionary aspect of BCE’s “precision planting”
technology, but the drones can also reach places that tractors and
humans cannot, at least without significant bodily risk—for example,
steep mountainsides or areas with contaminated soil. Drones may even one
day help terraform other planets.
But it’s not just about trees: “We have a title of tree-planting
drone company, but we also do grasses, bushes, flowers, and a lot of
fungi,” Fedorenko says. “It’s about restoring what is right for the
environment, not just trees.”
India Man Plants Forest Bigger Than Central Park to Save His Island This film is part of National Geographic's Shortfilm Showcase, and any views expressed here belong to the filmmakers.
Pioneer plant species are usually the most successful, “but the
general rule is that if you can restore the forest from seeds, then you
can use drones to do that,” Fedorenko says.
In June, BioCarbon planted 5,000 trees in a day to rehabilitate land
ravaged by coal mining in Dungog, Australia. They’ve also worked in
South Africa and New Zealand. Since the company’s inception, they’ve
used drones to plant more than 25,000 trees across the globe.
“If you re-forest a large area of land, you bring back not just
fertile soil, but you can really impact local climate, improve the water
table, carbon sequestration, increase biodiversity, and, of course,
landscapes are never empty so you always have people who are benefiting
from the ecosystem,” Fedorenko says.
The Big Picture
Experts caution that planting itself is not always as important as
protection from factors such as overgrazing, agriculture, and fires, to
allow natural regeneration of forests to occur. Some experts worry that
the efficiency of drone reforestation could even lower motivation for
countries to save existing forests. Additionally, in traditional
reforestation enterprises, the planting work can provide employment for
communities that need it—jobs that could one day be replaced by drones.
"It's probably easier, in the short term, to plant trees with a drone
than fix the issues on the ground, but in the long run, that fix is
necessary," says Richard Houghton, a senior scientist at the Woods Hole
Research Center, a climate change think tank based in Massachusetts. "A
technical fix is generally easier than social change, but not as long
lasting."
With constantly improving GPS and imaging technologies, experts agree
that drones have become very useful for accurately mapping large swaths
of land and measuring tree and vegetation growth or degradation—even
mapping carbon sequestration. But some scientists are more skeptical
about their success as a planting technology to combat deforestation on a
large scale. For one thing, they only have so much range and battery
life.
"Drones are good for measuring secondary growth and looking at where
the forest is coming back, but you fight deforestation at a
socioeconomic level," says Arturo Sanchez, director of the University of
Alberta's Center for Earth Observation and Sciences. "The issue of
climate change is not forest restoration, the issue is energy. It is
controlling coal plants, power plants, automobile emissions. Planting
trees is very important, but when you look at the distribution of CO2
emissions, deforestation accounts for 10 to 15 percent. The rest is
energy. That’s what needs to be controlled."
Fedorenko acknowledges that drones alone cannot eliminate all the
causes or impacts of deforestation, but she says they could become a
useful tool. (See how drones set controlled burns by shooting fireballs.) Field Tests
BCE just started work on a large-scale project to plant mangroves in
Myanmar, incorporating this integrated approach to ecosystem
restoration. Mangroves in Myanmar’s low-lying Ayeyarwady Delta have been
decimated by years of deforestation for agriculture and
aquaculture—eighty-four percent of the original mangrove cover is gone.
“Mangroves have huge potential to actually save people’s lives
because they protect coastal communities from tsunamis,” Fedorenko says.
“Not only do they have an impact on the ecosystem, like fish stocks, so
that people can maintain their livelihoods, but they are also a literal
shield from the ocean.”
Their tangled roots also protect coastal areas from erosion.
The project spans more than 600 acres and involves a “holistic”
approach to measuring success: BCE will be partnering with local women
farmers, training and employing them to collect and prepare the seeds,
as well as monitor the ecosystem as the project progresses. BCE will be
able to assess whether the mangroves are growing successfully in less
than a year.
Mangrove forests are also some of the most carbon-rich habitats on
the planet, sequestering carbon up to 100 times faster than terrestrial
forests. That means they’re incredibly efficient at mitigating the
impact of global warming.
The project is one step closer to BCE’s main goal: “Of course, our
ultimate ambition is to stop climate change,” Fedorenko says with a
smile.
Climate change reporting requirements are increasing In a note published November 3 we looked at the Financial Stability Board’s recommendations on climate related financial disclosures.
We noted that the Financial Stability Board has many of the world’s
Reserve Banks as members, as well as the IMF, and could be regarded as
providing significant credibility to climate reporting by the corporate
sector – and perhaps as providing momentum on the need for an Accounting
Standard that would cover climate risk.
What companies actually disclosed this year Is QBE the worst?
In this note we briefly looked at the top 20 companies by market
capitalization listed on the ASX to see what they actually said in their
latest annual report. Mostly this is 2017 but in some cases its still
2016.
We rated each company out of 5 on disclosure. This was a qualitative
score awarded by my co researcher on this program, Bella Leitch, a
student at Macquarie University.
However, I reduced QBE’s score. For an insurance company that also does reinsurance not to mention climate change seems poor.
Your analyst works to the view that companies that do a thorough job
on sustainability (which has many dimensions, not just climate change)
will tend to be survive for longer. An unenlightened view will
eventually lead to investors penalizing the rating.
At this stage we are just interested to monitor what companies are actually saying this year.
Research method
At each company’s website we searched the following documents:
annual review for 2016/17, sustainability reports (for the companies
that had them) and also general announcements.
We then searched the documents for these following words: climate,
carbon, warming, environment and sustainability. The text was then
summarized.
S&P/ASX 20 Index (1 November 2017)
Company
Mkt cap A$bn
ITK summary of company statements
What they actually say
Score (1-5)
Commonwealth Bank of Australia
136
Mention as a 2017 highlight the 2.8bn lent to renewable energy
projects. Mention “environmental stewardship” – say they are in line
with the Paris agreement as well as enacting additional sustainable and
ethical investment options. They have a Sustainable Property Strategy to
monitor their direct carbon emissions and energy use.
They understand that climate change is a large risk both financially
and non-financially for the bank. By taking additional contribution
above their core businesses they hope to have positive influences on
their customer relationships as their customers change their
preferences and behaviours.
5
Westpac Banking Corporation
113
Limited discussion. Released refreshed climate change policy this
year. Mention climate change only within their sustainability
leadership section. Issued a climate change position statement nd 2020
action plan.
Say they have competitive advantage in their sustainability culture.
Within their strategic priorities for sustainability, environmental
solutions are briefly discussed including a short statement of their
committed exposure to environmental and clean tech industry and a revised
climate change policy.
2
Australia and New Zealand Banking Group Limited
88
One of their key highlights of 2017 is reducing greenhouse gas
emissions by 20% on premises from 2013. They mention $6.9bn funded and
facilitated in low carbon and sustainable solutions since 2015. Mention
how their stakeholders value responsible business loans in areas such as
climate change and encouraging its limited impact. Discuss how the
environment and climate change is a major trend that is shaping society.
Their reporting reflects the Financial Stability Board's (FSB) Task
Force on Climate-Related Disclosures (TCFD) recommendations, which is
also discussed by the CEO.
They understand that climate change is a large risk both financially
and non-financially for the bank. They have begun to take many steps to
accommodate and finance the movement to a low carbon economy.
5
National Australia Bank Limited
88
Climate change is first mentioned in the environmental, social and
government (ESG) risk management section. They have an environmental
financing commitment of $55bn by 2025 in order to help address climate
change and transition to a low carbon economy. They recognise that
climate change is a significant risk.
They recognise the risk that is climate change and have implemented
various strategies to address this issue. In order to understand the
implications of the Paris agreement and refresh climate change
policy,they have created a Climate Change Working Group .. However it is
not mentioned as a key highlight for NAB
3
BHP Billiton Limited
87
Discuss climate change management as a key goal – it is treated as a
board level governance issue. Their greenhouse gas emissions were
reduced by 21% from 2006. Climate change is core to their strategic
decision making. Large discussion on the risks of climate change in
their fossil fuel products and the growth of renewable energy. Also
discuss the physical impacts of climate change e.g. such as changes in
rainfall patterns on the collection of their products. Include an
entire section of the annual report on climate change and their response
to it.
Climate change is going to have a major impact on their industry
both physically and non-physically. As such they are trying to reduce
their own carbon footprint and improve their image in order to compete
with the rise in renewable energy and limit the impact of negative press
on fossil fuels.
5
CSL Limited
63
Very limited discussion. They say they meet Australian regulations
in regard to the Government's greenhouse reporting act. Environmental
and climate change risks are monitored to ensure compliance with
regulatory requirements. As environmental impact is of special
importance to select investors so CSL commits to initiative such as CDP
CSL has met its reporting obligations under the Australian Government's National Greenhouse and Energy Reporting Act (2007)
1
Wesfarmers Limited
48
Limited discussion. When discussing their sustainability operating,
they briefly mention an aim to reduce their impact on climate change. It
is noted as a risk for the future. They have a climate change
resilience aim – which has enacted a climate change strategy including
two degree scenario analysis and carbon shadow pricing.
There is an evaluation of the risk of climate change, however it is
not one of their key goals. They aim to keep up with national standards
and are planning accordingly for the changes predicted with climate
change.
2.5
Telstra Corporation Limited
42
Mention it as a goal as apart of their sustainable future. 68%
reduction greenhouse gases from baseline year. They recognise climate
change as a global challenge and it is one of their goals to combat
this. They will use technology to address their environmental challenges
e.g. Telstra’s cloud calculator tool .
There is recognition of the impact climate change will have and a
demonstrated aim to reduce their and their customers level of greenhouse
gas emissions. However there are many other goals and aims that appear
to take a more centre stage at the moment for Telstra.
2
Woolworths Limited
34
Very limited discussion. Mention an increase in use of solar energy.
Climate change is mentioned as a part of a strategic risk and they
discuss very briefly how they have CRS to improve sustainability.
They recognise climate change as a generic risk that could adversely affect the group’s performance.
1
Macquarie Group Limited
33
There is limited discussion regarding climate change. They talk of
continued commitment to low-carbon growth sectors under the ESG
highlights. They also include climate change in their risk analysis.
They continue to plan and strategise regarding the impacts of
climate change however, there is very limited discussion and it is not
one of their key priorities.
1.5
RIO Tinto Limited
30
*This comes from 2016 annual report – 2017 annual report not
released yet. Published their first climate change report in 2016. 7%
reduction in GHG from 2015 to 2016 – this is indicative of their ability
to respond to future legislative costs and climate policies. Recognise
both physical and non-physical risks of climate change. Mention ability
to respond to climate change as a goal of 2017. In 2016, Shareholders
passed a resolution to report on climate change. Limited discussion.
They understand that climate change will be a risk to them in the
future and are beginning to report and account for this risk, but as of
the present there are larger issues for them.
1.5
Woodside Petroleum Limited
26
*This comes from 2016 annual report – 2017 annual report not
released yet. Climate change was recognised at the top material rick to
Woodside. Developed a climate change and carbon strategy in 2016.
Recognition of it as a risk and are developing strategies to deal
with it in the future, however are only just beginning to deal with it.
1
Transurban Group Stapled
25
There is no mention of climate change. Closest mention is that one
of the directors is also on the board of the climate change council and
that they are trying to reduce environmental footprint with the develop
of new roads/tunnels
N/A
0
Scentre Group Stapled
21
*This comes from 2016 annual report – 2017 annual report not
released yet. No mention of climate change or global warming. Brief
discussion of decrease in GHG in separate sustainability report
N/A
0.5
Suncorp Group Limited
18
11% reduction in greenhouse gas emissions. Climate change is
discussed as a key external risk. Comply with the National Greenhouse
and Energy Reporting Act 2007
Recognition of it as a risk and are developing strategies to deal with it in the future, however it is not a key focus area.
1.5
Westfield Corporation Stapled
16
Very brief mention of climate change as a potential risk. Further brief discussion in separate sustainability report
Recognise it as a future risk.
1
Insurance Australia Group Limited
16
The Group’s sustainability performance is managed within this
framework and supported by a number of policies and position statements
including IAG's Social & Environmental Policy and Public Policy
Position on Climate Change. Establish the future risk of Climate change
to property and its impact financially for insurance companies.
They have developed a climate change policy in order to deal with policies regarding the reporting and risks of climate change.
1
Brambles Limited
15
Very briefly discuss a reduction in carbon emissions through their
production process. Further brief mentions in sustainability report.
They are trying to reduce carbon emissions through their production process
1
QBE Insurance Group Limited
15
Zero mention in the annual report. Brief mention of climate change awareness and risk assessment in sustainability report.
Acknowledge that climate change is real and a potential risk but not a major issue for them
0
AMP Limited
15
Very limited discussion. Only mention is of their aim to be
environmentally conscious and that they have been carbon neutral since
2013.
Not a large issue for them, aside from the fact that they have been carbon neutral since 2013.
