10/07/2019

How Taxpayers Are Funding A Huge Corporate Expansion In The Murray-Darling Basin

ABC Four CornersSean Rubinsztein-Dunlop | Mary Fallon | Lucy Carter | Michael Slezak

Webster has received $41 million in Commonwealth funds to grow its empire in the Murrumbidgee Valley.

Key points
  • Billions of dollars in Commonwealth funds have been handed out to irrigators under a scheme designed to help the environment
  • Partly foreign-owned corporation Webster Limited received more than $40 million and has expanded its irrigation operations
  • Farmers say no-one is checking whether grants given under the scheme are delivering their promised water savings
Australian taxpayers have given a huge corporation more than $40 million, enabling it to expand irrigation in the Murray-Darling Basin under an environmental scheme that has been labelled a national disgrace. Four Corners can reveal that more than $4 billion in Commonwealth funds has been handed over to irrigators, which has allowed them to expand their operations and use more water under the $5.6 billion water infrastructure scheme — the centrepiece of Australia's $13 billion Murray-Darling Basin Plan
The scheme is intended to recover water for the rivers by giving farmers money to build water-saving infrastructure, in return for some of their water rights.
Some of the beneficiaries of the scheme are partly foreign-owned corporations that have used the money to transform vast tracts of land along the threatened river system, planting thirsty cotton and nut fields.
One of the biggest operators is Webster Limited, a publicly traded company that produces 90 per cent of Australia's walnuts and is 19.5 per cent owned by Canadian pension fund PSP.
Webster has received $41 million from the water infrastructure scheme to grow its empire in the Murrumbidgee Valley, in south-west New South Wales, where it has bought hundreds of square kilometres of land.
The funding covers more than half of an ambitious $78 million capital works program by Webster Limited to build dams to store more than 30 billion extra litres of water and irrigate an extra 81 square kilometres of land, developing much of it into prime, irrigated cotton country.
Maryanne Slattery, a former director at the Murray-Darling Basin Authority, says it is horrifying that a scheme designed to help the environment is allowing irrigators to use more water.
"That program was supposed to reduce the amount of water that was going to irrigation, when it's actually increased the opportunities for irrigation … all subsidised by taxpayers," she said.
"I think Australian taxpayers will be really shocked to find out that that money is actually going to foreign investors as well."
Maryanne Slattery was a director at the Murray-Darling Basin Authority before she quit in disgust, concluding the basin plan was a fraud on the taxpayer. (ABC News: Neil Maude)
Dams paid for by the Commonwealth

On the Hay Plains, one of the flattest places on earth, Webster is one of several agribusinesses building dams to store huge volumes of water to irrigate new cotton fields on the outer reaches of the Murrumbidgee River.
UNSW river ecologist Professor Richard Kingsford, who has been studying the area for more than 30 years, says the new dams are trapping water that would have otherwise flowed downstream into habitats and farming communities in the Murray-Darling Basin.
"I find that astounding. I mean, why are we building these large dams for private gain at public cost?" he said.
"Essentially it increases the take from the river system and ultimately decreases the amount of water in the river. That to me is where, in fact, we may be seeing more water taken out of the rivers than water savings."
Ms Slattery says the region, where temperatures regularly soar into the 40s, is unsuitable for dams because of the high rate of evaporation.
"You just see dam after dam after dam, these massive on-farm dams, in a place that is as flat as a table, that just should not have dams," said Ms Slattery, who is now a senior water researcher at the Australia Institute.
"And then when you realise they're being paid for by the Commonwealth, under a supposedly environmental program, that's just horrifying."

No checks or oversight on water scheme
The water infrastructure scheme was designed to recover water for rivers in the basin. (ABC News)
Former government officials have revealed to Four Corners that no-one in government monitors whether the work paid for by the water infrastructure scheme delivers on its promised water savings.
Farmers say that to get a grant, they give the Federal Government an estimate of how much water their proposed new infrastructure will save, but that figure is never checked or monitored, even after millions of dollars in Commonwealth funds are handed over.


What is the Murray-Darling Basin Plan?
The Murray-Darling Basin Plan has remained controversial ever since its introduction back in 2012. So, what is it again and why is it back on the agenda?

Ms Slattery says the scheme is a fraud on the taxpayer.
"There's no government checking in that process at all. There is no confidence that that process has been done independently and is able to be verified," she said.
"Governments are very motivated to get the savings on paper, and they've got deep pockets … you'd have to expect that some of the savings aren't real, and that money has gone to projects that haven't yielded what they were supposed to."
UNESCO chair in water economics Professor Quentin Grafton has been calling for measurements on the impacts of the scheme since it was introduced, but he says the Federal Government has ignored him and tried to discredit his work.
"It's been incredible to say this, that we can spend [$4 billion] to date yet we haven't done those basic measurements to allow us to know what in fact we've got, net, in terms of the impact for the environment," he said.
"In the best case scenario it's less than half of what the Government claims, and in the worst case scenario we've gone backwards, not forwards; that in fact the amount of water in the environment has actually declined as a result of these efficiency subsidies.
"We don't know because we need a water audit, a hydrological audit of what's going on in the basin."

Farmers say Government overpaid them for water
Glen Andreazza says as a taxpayer, he doesn't agree with the water infrastructure scheme. (ABC: Neil Maude)
Farmers have also told Four Corners that they believe the Government has overpaid them for water under the scheme, and in many cases they have been paid to build infrastructure they would have built anyway.
Julie Andreazza and her husband, Glen, received more than $100,000 for earthworks to reduce water runoff from their farm.
"Those works were things that we were going to always do anyway," Ms Andreazza told Four Corners.
"Obviously, cost was a problem, so we were going to do it down the track. But when this opportunity turned up for available funds to be used, well of course we jumped at it."

Why did SA decide to have a royal commission?
South Australians were outraged to discover NSW irrigators were taking billions of litres of water earmarked for the environment. Find out what happened next.

Glen Andreazza estimates the Government paid double what it should have on the water buy-back on his farm.
"I'm a taxpayer, I don't agree with the scheme. I think it's too expensive," he said.
The Andreazzas were later able to buy back the same amount of water they had surrendered for the grant, and they got it on the market for a lower price.
Professor Grafton says the scheme could have delivered huge benefit for the environment and communities along the Murray-Darling, but instead it has been squandered.
"We chose to put it into pipes, we chose to put it into concrete and we chose to deliver private benefits with public money, and that is a national scandal," he said.
The Hay Plains in western New South Wales is flat, hot, and, experts say, unsuitable for dams.
Webster Limited has also been expanding its nut business, planting vast new walnut and almond orchards, as part of a boom in the nut industry, which is placing the river system under increased strain.
Nut trees are extremely thirsty, requiring water throughout every year — unlike crops such as cotton, which can be planted only when there is enough water to sustain them.
Webster Limited's deals with the Australian Government are confidential, however the company has confirmed to Four Corners it received $41 million in water infrastructure subsidies in return for surrendering water licences it valued at $22 million.
Those licences were part of an enormous water portfolio the company most recently estimated to be worth $350 million.
Under the scheme, details of who receives the subsidies and how they are spent are not publicly available. The Government has not measured what effect Webster's huge irrigation expansion will have on the river system.
Webster declined to give Four Corners figures on how its taxpayer-backed expansion had changed its water usage, but said the funding had led to a decrease in water use per hectare and was intended to make the farms more productive and efficient.
According to its environmental impact statements, the works allowed Webster to pump and store huge volumes of what they call "opportunity water" — water from heavy rain events that would have otherwise flowed downstream.
The upgrade enabled Webster to activate a stockpile of unused licences for the cheaper water, known officially as "supplementary water".
Webster says its projects have been independently audited and reported in accordance with the Government's guidelines.
The $41 million was provided to Webster via companies that are contracted by the Federal Department of Agriculture and Water Resources to distribute water infrastructure funding and administer the program.
The department relies on the companies, known as "delivery partners", to submit independently validated evidence of changes to Webster's farming practices.

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Directors Are In The Crosshairs Of Corporate Climate Litigation

The Conversation

Melting glaciers threaten the village of Huaraz, Peru. Uwebart/Wikimedia, CC BY-SA
The directors of RWE, a German energy company, had probably never heard of the small village of Huaraz, Peru before 2015. But Saúl Lliuya, a mountain guide and farmer there, sued RWE for climate-related harms that year.
Lliuya’s lawyers, supported by Greenpeace, argued that RWE’s historic green house gas emissions have contributed to increased global temperatures, which have, in turn, caused the glaciers around Lake Palcacocha to melt. The lake sits above Huaraz, where more than 50,000 residents now face an increased risk of severe flooding.
The Higher Regional Court of Hamm, in Germany, agreed with Lliuya’s arguments and let the case proceed to the evidentiary stage. No matter what the outcome, the court’s statements that climate harms can, in principle, give rise to corporate liability, is historic — no other court has made this decision before.
The intersection between climate change, energy and corporate law is a fast-emerging area. This case is part of a second wave of litigation against corporations, and has implications for directors and their legal duties. Corporate fiduciary duties and corporate law have traditionally been insulated from environmental and climate concerns, but as the impacts of climate change escalate, this may no longer be true.

The second wave of climate litigation
The directors of RWE are not alone. There has been an explosion of climate litigation launched against fossil-fuel intensive, or “carbon major” corporations.
The cities of Oakland and San Francisco have sued, as have New York and Baltimore. So have counties in California, Washington and Colorado, the state of Rhode Island and fishermen in Oregon and California.
Most recently, non-governmental organizations in the Netherlands have launched suits, and others are being considered in Toronto and Victoria.
These cases have been dubbed the second wave of climate litigation against carbon majors. There has never been a successful case against corporations for climate-induced harm — yet.

The first wave
The first wave of litigation against carbon majors is less than a decade old. It was characterized by several unsuccessful cases, including American Electric Petroleum vs. Connecticut in 2011, and Native Village of Kivalina vs. ExxonMobil in 2012.
The U.S. Supreme Court declined to hear the case of the Alaskan village of Kivalina against oil companies. The village, seen here in 2006, is being washed into the ocean due to rising sea levels, sea ice loss and eroding permafrost. (AP Photo/Northwest Arctic Borough via The Anchorage Daily News)
These cases against carbon majors failed largely due to problems in proving causation under tort or public nuisance claims. That is, the plaintiffs had difficulties tracing climate harms to specific emissions made by particular corporations.
The judges in these cases were also reluctant adjudicators. They felt the systemic nature and complexity of climate change was a global issue best left to governments to manage. In the American Electric Petroleum case, for example, U.S. Supreme Court Justice Ruth Bader Ginsburg wrote in a unanimous decision that the issue was governed by the federal Clean Air Act and that the court should not intervene further.
Scientific research has evolved dramatically since then. In a 2013 study, Richard Heede, from the Climate Accountability Institute, attributed 63 per cent of industrial carbon dioxide and methane emissions released from 1751-2010 to 90 carbon major entities. Heede’s work has been cited in almost all claims by plaintiffs in the second wave of corporate climate litigation.
Lliuya is claiming that RWE’s emissions contributed to the glacial melt that is endangering his community. Heede’s study established that RWE was responsible for 0.47 per cent of historic global emissions. Lliuya is asking of 0.47 per cent of the cost it will take for his community to adapt to climate change. The case may remain an outlier for some time, but it’s a historic legal development, with the court taking a broad view of causation.

Tobacco litigation
In 2018, two California cities were unsuccessful in their lawsuit against fossil fuel companies. Like Justice Ginsburg, Judge Alsup said the courts were not the place to address the issue. He also noted that the historic benefits of fossil fuels far outweighed the harm being caused by them.
Subsequent U.S. cases have been more strategic in their pleadings. Plaintiffs have tried to ground their cases more closely at the state level in order to avoid the federal barriers of the Clean Air Act. Instead, they have cited breaches of product liability statutes, failure to warn, design defect, as well as negligence and trespass.
They have patterned their pleadings more closely on tobacco litigation cases, as well as those against opioid and asbestos manufacturers.
Even if these corporate climate litigation cases are ultimately unsuccessful, they have implications for directors’ fiduciary duties.

Why these cases matter for directors
Fiduciary duties, as interpreted under Delaware law, where many of these carbon-majors are headquartered, require directors to pay attention to the risks faced by the corporation and to make informed decisions.
U.S. federal agencies such as the Department of Defense have identified climate change as a long-range, emerging threat that could adversely impact national security. Climate change is a threat to global fiscal stability, putting at risk one-third of global manageable assets.
Corporate climate litigation highlights the bidirectional risks of climate change: corporations emit greenhouse gases that increase climate impacts, but those impacts also directly affect corporations. Courts want to know that directors have considered all material information reasonably available to them, and the increasing impacts and risks of climate change to businesses mean climate risks and opportunities are now material.
Failing to monitor and manage climate risk and disclose these risks to shareholders could put directors in breach of their legal duties. Climate change poses tremendous risks to carbon major corporations whose assets and infrastructure are vulnerable to the impacts of climate change.
The impacts of wildfires, for example, have led PG&E to seek bankruptcy protection, and a recent case in the Supreme Court in Canada determined that a bankrupt oil company was still responsible for the costs of remediating its abandoned wells.
As the impacts of climate change escalate, bankruptcies and other corporate financial woes are likely to only increase.

Climate change, misrepresented
Corporate law and securities law are also being used by plaintiffs in this second wave of climate litigation, raising the stakes even further for directors of these carbon majors. New York claims ExxonMobil defrauded shareholders and a separate civil suit alleges ExxonMobil and its executives misrepresented the impacts of climate change on its business.
Directors must now consider and assess the risks of climate change to their businesses in order to comply with their fiduciary duties, particularly in corporations highly exposed to the risks of climate change. Investors will continue to be concerned about climate litigation as well as climate risks, and the issue will continue to raised by them at annual general meetings. It is likely that these are issues that RWE’s directors are now carefully considering.

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Australia's Emissions Reach The Highest On Record, Driven By Electricity Sector

The Guardian

Fugitive emissions from LNG are also fuelling rising national emissions, Ndever Environmental figures show
Australia’s emissions for the year to March 2019 increased to 561 million tonnes of carbon dioxide equivalent, Ndever Environmental figures show. Photograph: Dave Hunt/AAP 
Australia’s emissions are again the highest on record, driven this time by an increase in emissions from the electricity sector, which rose to their highest levels in two years, according to new figures.
Fugitive emissions from Australia’s LNG industry also continue to fuel rising national emissions.
Ndevr Environmental, an emissions-tracking organisation that publishes quarterly greenhouse gas emissions data months ahead of the federal government, says its latest research shows emissions for the year to March 2019 increased to 561 million tonnes of carbon dioxide equivalent.
That was up from 554.5 million tonnes the previous year and 551.2 million tonnes in 2017.
Ndevr’s figures exclude unreliable data from the land-use sector, but the organisation said that even when it was included emissions had still increased for four consecutive years over the same period.


The trend line for the Government's Paris emissions reduction targets assumes a linear rate of reduction to reach the final target. | Source: NGGI, NDEVR Environmental 

According to Ndevr’s research, there was an 8.2% increase in emissions from the electricity sector between the December and March quarters.
It follows three consecutive quarters of declines in electricity emissions and is the highest increase in emissions from that sector since March 2017.
However, rising emissions from electricity generation between the December and March quarters is not unusual due to higher energy use in the warmer months.

LULUCF emissions are negative from September 2011 onwards, and not represented here. Guardian graphic | Source: NGGI, NDEVR Environmental.

Ndevr’s managing director, Matt Drum, said there was less renewable generation in March 2019 than there was in the March quarter the previous year, with Ndevr’s data showing falls in both wind and hydro power.
Drum said the continued rise in fugitive emissions as a result of Australia’s LNG industry showed there was “a lot of work to be done around offsetting and reducing emissions from the LNG sector”.
“That’s offsetting particularly through land-use projects, but also energy efficiency,” he said. “And whether the carbon capture and storage nut can be cracked for that sector is going to be really important.”
Drum dismissed recent comments by Australia’s energy and emissions reduction minister, Angus Taylor, that LNG exports were contributing to emissions reductions overseas.
“I don’t think you can prosecute that argument unless you also take into account our coal exports, which have a counter effect,” Drum said.
There is no evidence to support Taylor’s claim and the biggest consumer of Australia’s LNG – Japan – is using it in place of emissions-free nuclear power.
“There’s still work to be done on policy. I sound like a broken record,” Drum said. “At the end of the day, participation in the emissions reduction fund is decreasing. Fewer projects, fewer contracts, less abatement.
“Unless something happens, something significant, this government will just be presiding over quarter after quarter, year after year, of increasing emissions. It’s as simple as that.”

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