19/01/2020

Youth Activists Lose Appeal In Landmark Lawsuit Against US Over Climate Crisis

The GuardianLee Van der Voo

Court confirms government’s contribution to the issue, but judges find they lack power to enforce climate policy decisions
Youth protesters rally in support of a lawsuit brought on behalf of 21 youth plaintiffs against the US government over climate crisis. Photograph: Win McNamee/Getty Images
The ninth circuit court of appeals ordered dismissal of a lawsuit brought by 21 youth plaintiffs against the federal government over climate crisis, citing concerns about separation of powers.
The case was brought against the government in 2015, charging that it sanctioned, permitted and authorized a fossil fuel system that compromised the youth plaintiffs’ civil right to property. It implied a constitutional right to a stable climate, and alleged that the government violated the public trust by failing to protect assets held in trust, notably the atmosphere.
The plaintiffs, now all between the ages of 12 and 23, also asked the US district court of Oregon to order the government to craft a climate remediation plan, one targeting scientifically acceptable standards to stabilize the climate.
On Friday, the ninth circuit court found, however, that the court lacked the power to enforce such a plan or climate policy decisions by the government and Congress, concluding “in the end, any plan is only as good as the court’s power to enforce it”.
Nevertheless, the court found that the record “conclusively establishes that the federal government has long understood the risks of fossil fuel use and increasing carbon dioxide emissions” and “that the government’s contribution to climate change is not simply a result of inaction”.
The court also found that the youth met the requirements for standing in the case and that some of the plaintiffs met the requirements for actual injury.
Levi Draheim, a 12-year-old plaintiff from Satellite Beach, Florida, the court found was injured by repeat evacuations from his home during worsening storms. Jaime Butler, 19, was injured by displacement from her home because of water security issues, separating her from relatives in the Navajo Nation, the court also found. The court also found that the plaintiffs proved their injuries were caused by the climate crisis.
Two of the three judges balked at the scope of change required to reverse climate breakdown, finding that halting certain programs would not halt the growth of carbon dioxide levels in the atmosphere or injuries to the plaintiffs.
“Indeed, the plaintiffs’ experts make plain that reducing the global consequences of climate change demands much more than cessation of the government’s promotion of fossil fuels. Rather, these experts opine that such a result calls for no less than a fundamental transformation of this country’s energy system, if not that of the industrialized world … given the complexity and long-lasting nature of global climate change, the court would be required to supervise the government’s compliance with any suggested plan for many decades.”
Kelsey Juliana, the lead plaintiff in Juliana v United States speaks at the supreme court in Washington DC. Photograph: Kevin Lamarque/Reuters
Kelsey Juliana, the 23-year-old named plaintiff in Juliana v United States and a resident of Eugene, Oregon, said she was “disappointed that these judges would find that federal courts can’t protect America’s youth, even when a constitutional right has been violated”.
“Such a holding is contrary to American principles of justice that I have been taught since elementary school,” Juliana added. “This decision gives full, unfettered authority to the legislative and executive branches of government to destroy our country, because we are dealing with a crisis that puts the very existence of our nation in peril.”
“We will continue this case because only the courts can help us,” Draheim told the Guardian following the ruling. “We brought this lawsuit to secure our liberties and protect our lives and our homes. Much like the civil rights cases, we firmly believe the courts can vindicate our constitutional rights and we will not stop until we get a decision that says so.”
District Judge Josephine L Staton, in a lengthy dissenting opinion, argued that courts do have the authority to protect the young in the face of climate breakdown, and should, given the government’s inaction: “In these proceedings, the government accepts as fact that the United States has reached a tipping point crying out for a concerted response – yet presses ahead toward calamity. It is as if an asteroid were barreling toward Earth and the government decided to shut down our only defenses. Seeking to quash this suit, the government bluntly insists that it has the absolute and unreviewable power to destroy the nation.”
The court ordered the case be remanded to the district court and dismissed.

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The Sad Truth About Our Boldest Climate Target

Vox

Limiting global warming to 1.5˚C is almost certainly not going to happen. Admitting that, need not end hope.
Activists in Berlin stood with signs calling for limiting global warming to 1.5 degrees Celsius at a rally that criticized Germany’s insufficient climate policy on May 29, 2019. Michael Kappeler/picture alliance via Getty Image
In the 2015 Paris climate agreement, the countries participating in the United Nations Framework Convention on Climate Change (UNFCCC) agreed to a common target: to hold the rise in global average temperature “well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1.5 degrees Celsius.” The lower end of that range, 1.5˚C, has become a cause célèbre among climate activists.
Can that target still be met? Take a look at this animation from Carbon Brief:
No graphic I’ve ever seen better captures humanity’s climate situation. If we had peaked and begun steadily reducing emissions 20 years ago, the necessary pace of reductions would have been around 3 percent a year, which is ... well, “realistic” is too strong — it still would have required rapid, coordinated action of a kind never seen before in human history — but it was at least possible to envision.
We didn’t, though. We knew about climate change, there were scientists yelling themselves blue in the face, but we didn’t turn the wheel. Global emissions have only risen since then. Humanity has put more CO2 in the atmosphere since 1988, when climate scientist James Hansen first testified to Congress about the danger of climate change, than it did in all of history prior.
Now, to hit 1.5˚C, emissions would need to fall off a cliff, falling by 15 percent a year every year, starting in 2020, until they hit net zero.
That’s probably not going to happen. Temperature is almost certainly going to rise more than 1.5˚C.
A lot of climate activists are extremely averse to saying so. In fact, many of them will be angry with me for saying so, because they believe that admitting to this looming probability carries with it all sorts of dire consequences and implications. Lots of people in the climate world — not just activists and politicians, but scientists, journalists, and everyday concerned citizens — have talked themselves into a kind of forced public-facing optimism, despite the fears that dog their private thoughts. They believe that without that public optimism, the fragile effort to battle climate change will collapse completely.
I don’t think that’s true, but I can’t claim to know it’s not true. Nobody really knows what might work to get the public worked up about climate change the way the problem deserves. Maybe advocates really do need to maintain a happy-warrior spirit; maybe a bunch of dour doomsaying really will turn off the public.
But it is not the job of those of us in the business of observation and analysis to make the public feel or do things. That’s what activists do. We owe the public our best judgment of the situation, even if it might make them sad, and from where I’m sitting, it looks like the 1.5˚C goal is utterly forlorn. It looks like we have already locked in levels of climate change that scientists predict will be devastating. I don’t like it, I don’t “accept” it, but I see it, and I reject the notion that I should be silent about it for PR purposes.
In this post, I’ll quickly review how 1.5˚C came to be the new activist target and some reasons to believe it might already be out of reach. Then I’ll ponder what it means to admit that, what follows from it, and what it means for the fight ahead.

How 1.5˚C became the “last chance”
The new target adopted in Paris reflected a growing conviction among scientists and activists that 2˚C, the target that had served as a kind of default for years, was in no way “safe.” Climate change at that level would in fact be extremely dangerous. Thus the addition of “efforts” to hit 1.5˚C.
But it wasn’t until last year that the world really got a clear sense of how much worse 2˚C (3.6˚F) would be than 1.5˚C (2.7˚F), after the Intergovernmental Panel on Climate Change (IPCC) released a special report on the subject. Its findings were grim. Even 1.5˚C is likely to entail “high multiple interrelated climate risks” for “some vulnerable regions, including small islands and Least Developed Countries.”
All of those impacts become much worse at 2˚C. (The World Resources Institute has a handy chart; see also this graphic from Carbon Brief.) Severe heat events will become 2.6 times worse, plant and vertebrate species loss 2 times worse, insect species loss 3 times worse, and decline in marine fisheries 2 times worse. Rather than 70 to 90 percent of coral reefs dying, 99 percent will die. Many vulnerable and low-lying areas will become uninhabitable and refugee flows will radically increase. And so on. At 2˚C, climate change will be devastating for large swathes of the globe.
In short, there is no “safe” level of global warming. Climate change is not something bad that might happen, it’s something bad that’s happening. Global average temperatures have risen about 1.3˚C from pre-industrial levels and California and Australia are already burning.
Still, each additional increment of heat, each fraction of a degree, will make things worse. Specifically, 2˚C will be much worse than 1.5˚C. And 2.5˚C will be much worse than 2˚C. And so on as it gets hotter.
The aforementioned IPCC report is the source of the much quoted notion that “we only have 11 years” to avoid catastrophic climate change (which I suppose now is “only 10 years”). That slogan is derived from the report’s conclusion that, to have any chance of limiting temperature rise to 1.5˚C, global emissions must fall at least 50 percent by 2030.
That goal, a 10-year mobilization to cut global emissions in half, has become the rallying cry of the global climate movement and the organizing principle of the Green New Deal.
Swedish climate activist Greta Thunberg and others at a rally. Sarah Silbiger/Getty Images
Being honest about 1.5˚C
Climate hawks, along with numerous recent scientific and economic reports (including the IPCC’s), emphasize that limiting global warming to 1.5˚C is still possible — physically and economically possible, with technology and resources we now possess.
And it’s true. As the IPCC showed, with sufficient torturing of climate-economic models, it is still possible to construct a pathway whereby emissions decline at the needed rate. Such scenarios generally involve everything going just right: every policy is passed in every sector, every technology pans out, we take no wrong turns and encounter no culs de sac, and climate sensitivity (the amount temperature changes in response to greenhouse gases) turns out to be on the lower end of scientific estimates. If we roll straight sixes for long enough, we can still win this.
he slogan meant to summarize this state of affairs has been around, with variations, for decades: “We have all the tools we need, all we lack is the political will.”
But political will (whatever that is) is not some final item on the grocery list to be checked off once everything else is in the cart. It is everything. None of the rest of it, none of the available policies and technologies, mean anything without it. It can’t be avoided, short-circuited, or wished away.
After all, it is possible to end global poverty in a decade, or even less. We have the technology to do so; it’s called money. The people who have more could give enough to those with less so that everyone had a decent life. Similarly, it’s possible to end global homelessness, habitat destruction, hunger, and war. The resources exist. All we lack is the political will.
But we haven’t ended those things. There are lots and lots of ways to reduce suffering that are possible, and have been possible for a long time, and we still don’t do them. We don’t even do a fraction of what we could to reduce immediate, visible suffering, much less the suffering of future generations and far-off populations. It turns out to be extraordinarily difficult to generate and effectively deploy the political power needed to secure beneficial policies (and hold them in place over time).
It’s not that progress hasn’t been made against a lot of large-scale problems. Global poverty and hunger have been declining. In the US, politics have radically shifted on issues like LGBTQ marriage and drug policy in recent years. Things can change quickly.
But global hunger is starting to edge up again, in no small part thanks to climate change. And climate change is different from those other large scale problems, for two reasons.
The trajectory to 1.5˚C, in red. Oil Change International
First, it’s not that progress is swinging around too slow, it’s that there’s very little progress at all. For all the frenzy around renewable energy in recent years, the best we’ve been able to do is slightly slow the rise in global emissions. We’re still traveling headlong in the wrong direction, with centuries of momentum at our backs.
Secondly and consequently, the level of action and coordination necessary to limit global warming to 1.5˚C utterly dwarfs anything that has ever happened on any other large-scale problem that humanity has ever faced. The only analogy that has ever come close to capturing what’s necessary is “wartime mobilization,” but it requires imagining the kind of mobilization that the US achieved for less than a decade during WWII happening in every large economy at once, and sustaining itself for the remainder of the century.
Emissions have never fallen at 15 percent annually anywhere, much less everywhere. And what earthly reason do we have to believe that emissions will start plunging this year? Look around! The democratic world is in the grips of a populist authoritarian backlash that shows no sign of resolving itself any time soon. Oil and gas infrastructure is being built at a furious pace; hundreds of new coal power plants are in the works. No country has implemented anything close to the policies necessary to establish an emissions trajectory toward 1.5˚C; many, including the US and Brazil, are hurtling in the other direction.
Just focusing on the US, there’s a more than 50/50 chance that President Donald Trump will be reelected in 2020, in which case we are all, and I can’t stress this enough, doomed. Even if Dems take the presidency and both houses of Congress, serious federal action will have to contend with the filibuster, then the midterm backlash, then the next election, and more broadly, the increasingly conservative federal courts and Supreme Court, the electoral college, the flood of money in politics, and the overrepresentation of rural states in the Senate.
The US, like many other countries, is balanced on a knife’s edge of partisanship, its growing demographics frustrated by structural barriers, its direction uncertain, and its policies and institutions increasingly unstable. Does a sudden and thorough about-face in social, economic, and political practice feel like something that’s in the offing this year? It doesn’t feel like that to me.
The difficulty of envisioning such a thing has led climate hawks like Al Gore to place their hopes on unpredictable social “tipping points,” invisible thresholds that, once breached, will allegedly yield radical change. (Back in 2012, Gore told me, “we’re not at the tipping point, but we’re much closer than we have been.”)
For as long as I can remember, people have been pointing out signs that such a tipping point is in the offing — counting the number of street protests, or the number of times TV news anchors saying the word “climate,” or the number of city officials endorsing 2030 goals — but global emissions just continue rising.
As I’ve written before, such tipping points are certainly possible. By their nature, they cannot be ruled out. Insofar as we have any hopes for rapid action, they rest there.
But hoping for a radical, unprecedented break in human history is very different from having a reasonable expectation that such a thing will take place. Lightning striking the same spot 100 times is possible. A roomful of monkeys with typewriters producing a Shakespeare play is possible. Human beings shifting the course of their global civilization on a dime is possible. But it probably won’t happen.
We’ve waited too long. Practically speaking, we are heading past 1.5˚C as we speak and probably past 2˚C as well. This is not a “fact” in the same way climate science deals in facts — collective human behavior is not nearly so easy to predict as biophysical cycles — but nothing we know about human history, sociology, or politics suggests that vast, screeching changes in collective direction are likely.

Coping with the tragic story of climate change
What bothers me about the forced optimism that has become de rigueur in climate circles is that it excludes the tragic dimension of climate change and thus robs it of some of the gravity it deserves.
That’s the thing: The story of climate change is already a tragedy. It’s sad. Really sad. People are suffering, species are dying off, entire ecosystems are being lost, and it’s inevitably going to get worse. We are in the midst of making the earth a simpler, cruder, less hospitable place, not only for ourselves but for all the kaleidoscopic varieties of life that evolved here in a relatively stable climate. The most complex and most idiosyncratic forms of life are most at risk; the mosquitoes and jellyfish will prosper.
That is simply the background condition of our existence as a species now, even if we rally to avoid the worst outcomes.
Yeah, it’s a bummer.
Tragedy isn’t the only story, of course, and it’s not necessarily the one that needs to be foregrounded. There’s can-do innovation and technology, there’s equity and green jobs, there’s national security, there’s reduced air and water pollution — there are lots of positive stories to tell about the fight against climate change.
But it would be shallow, and less than fully human, to deny the unfolding tragedy that provides the context for all our decisions now.
I know from conversations over the years that many people see that tragedy, and feel it, but given the perpetually heightened partisan tensions around climate change, they are leery to give it voice. They worry that it will lend fuel to the forces of denial and delay, that they are morally obliged to provide cheer.
I just don’t think that’s healthy. To really grapple with climate change, we have to understand it, and more than that, take it on board emotionally. That can be an uncomfortable, even brutal process, because the truth is that we have screwed around, and are screwing around, and with each passing day we lock in more irreversible changes and more suffering. The consequences are difficult to reckon with and the moral responsibility is terrible to bear, but we will never work through all those emotions and reactions if we can’t talk about it, if we’re only allowed chipper talk about what’s still possible in climate models.

Hope in the face of tragedy
Saying that we are likely to miss the 1.5˚C target is an unpopular move in the climate community. It solicits accus
ations of “defeatism” and being — a term I have heard too many times to count — “unhelpful.
Such accusations are premised on the notion that a cold assessment of our chances will destroy motivation, that it will leave audiences overwhelmed, hopeless, and disengaged.
But the idea that hope lives or dies on the chances of hitting 1.5˚C is poisonous in the long-term. Framing the choice as “a miracle or extinction” just sets everyone up for massive disappointment, since neither is likely to unfold any time soon.
As climate scientist Kate Marvel put it, “Climate change isn’t a cliff we fall off, but a slope we slide down.” Every bit makes it worse. No matter how far down the slope we go, there’s never reason to give up fighting. We can always hope to arrest our slide.
Exceeding 1.5˚C, which is likely to happen in our lifetimes, doesn’t mean anyone should feel apathetic or paralyzed. What sense would that make? There’s no magic switch that flips at 1.5˚C, or 1.7, or 2.3, or 2.8, or 3.4. These are all, in the end, arbitrary thresholds. Exceeding one does not in any way reduce the moral and political imperative to stay beneath the next. If anything, the need to mobilize against climate change only becomes greater with every new increment of heat, because the potential stakes grow larger.
Given the scale of the challenge and the compressed time to act, there is effectively no practical danger of anyone, at any level, doing too much or acting too quickly. The moral imperative for the remainder of the lives of everyone now living is to decarbonize as fast as possible; that is true no matter the temperature.
No one ever gets to stop or give up, no matter how bad it gets. (If you need a kick in the pants on this subject, read this essay by Mary Heglar.)
Preparing for the world to come
As a final, practical point, speaking frankly about the extreme unlikelihood of stopping at 1.5˚C (and the increasing unlikelihood of stopping at 2˚C) could affect how we approach climate policy.
To be clear, it shouldn’t have any effect at all on our mitigation policies. In that domain, “as fast as possible” is the only rule that matters.
But it should mean getting serious about adaptation, i.e., preparing communities for, and helping them through, the changes that are now inevitable. As the old cliché in climate policy goes, we should be planning for 4˚C and aiming for 2˚C instead of what we’re doing, which is basically the reverse, drifting toward 4˚C while telling ourselves stories about a 2˚C (and now, 1.5˚C) world.
Here in the US, we need to think about how to help Californians dealing with wildfires, Midwestern farmers dealing with floods, and coastal homeowners dealing with a looming insurance crisis.
All those problems are going to get worse. We need to grapple with that squarely, because the real threat is that these escalating impacts overwhelm our ability, not just to mitigate GHGs, but to even care or react to disasters when they happen elsewhere. Right now, much of Australia is on fire — half a billion animals have likely died since September — and it is barely breaking the news cycle in the US. As author David Wallace-Wells wrote in a recent piece, the world already seems to be heading toward a “system of disinterest defined instead by ever smaller circles of empathy.”
That shrinking of empathy is arguably the greatest danger facing the human species, the biggest barrier to the collective action necessary to save ourselves. I can’t help but think that the first step in defending and expanding that empathy is reckoning squarely with how much damage we’ve already done and are likely to do, working through the guilt and grief, and resolving to minimize the suffering to come.

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Water Wars: Early Warning Tool Uses Climate Data To Predict Conflict Hotspots

The Guardian

Tension over water scarcity is increasing across the globe. A new system flags up where this threatens to erupt into violence
Mali is one of the places the tool has predicted will face conflict over water scarcity in 2020. Photograph: Michele Cattani/AFP
Researchers from six organisations have developed an early warning system to help predict potential water conflicts as violence associated with water surges globally.
The Dutch government-funded Water, Peace and Security (WPS) global early warning tool, which was presented to the UN security council before it was launched formally last month, combines environmental variables such as rainfall and crop failures with political, economic and social factors to predict the risk of violent water-related conflicts up to a year in advance.
It is the first tool of its kind to consider environmental data, such as precipitation and drought, alongside socio-economical variables, a combination lacking in previous tools designed to predict water conflicts. It is available online for the public to use, but is aimed more specifically at raising awareness among policymakers, and people and parties in water-stressed regions.
The tool has already predicted conflicts that are likely to happen in 2020 in Iraq, Iran, Mali, Nigeria, India and Pakistan. Developers claim an 86% success rate in identifying conflict zones where at least 10 fatalities could occur. The tool currently focuses on hotspots across Africa, the Middle East and southeast Asia.
Growing global demand for water is already creating tensions – among communities, between farmers and city dwellers, between people and governments. Tensions are expected to increase as water scarcity becomes a reality for more people. According to the UN, as many as 5 billion people could experience water shortages by 2050.
Recent statistics from the Pacific Institute thinktank in California show that water-linked violence has surged significantly in the past decade: recorded incidents have more than doubled in the past 10 years, compared with previous decades.
“The machine learning model is ‘trained’ to identify patterns using historical data on violent conflict and political, social, economic, demographic, and water risk,” said Charles Iceland, senior water expert at the World Resources Institute, part of the WPS partnership.
He said: “It looks at over 80 indicators in all, going back up to 20 years. It is then able to use what it has ‘learned’ about the correlations among these variables to predict conflict or no conflict over the next 12 months, given current conditions.”
Jessica Hartog, a climate change expert with International Alert, a WPS partner, highlighted Iraq and Mali as two countries at risk.
Eastern Ghouta, Syria was formerly known as the breadbasket of Damascus. Photograph: Louai Beshara/AFP via Getty Images
Malian farmers, cow herders and fishermen have been caught up in a spat over the reduction of the Niger River’s water levels. Meanwhile, Iraqi protesters – already infuriated over lack of basic needs – took to the streets last year after more than 120,000 people were hospitalised after drinking polluted water.
“Water scarcity has affected both Iraq and Mali, largely due to economic development projects that reduce the water levels and flow in rivers – a situation made worse by climate change and increased demand due to population growth,” she said.
“In Mali we are concerned about the plans of the government and neighbouring countries to build dams, further expand Office du Niger [overseeing water management projects] and related irrigation channels, which will further affect the water availability in the inner Niger Delta. This will affect more than 1 million farmers, herders and fish[ers] who are fully dependent on the inner Niger Delta.”
In Iraq, Hartog said, a failure to address water concerns and improve water services “directly threatens Iraq’s fragile peace”.
In Syria, meanwhile, water scarcity and crop failure have prompted an exodus from rural areas to the cities, exacerbating the civil war. In Iran, residents in Khorramshahr and Abadan protested over polluted drinking water.
Susanne Schmeier, senior lecturer in water law and diplomacy at IHE Delft, which was also involved in the WPS project, said water problems alone do not create conflict or war, “but they can become ‘threat multipliers’ when combined with other grievances, such as poverty and inequality”.
“Once conflicts escalate, they are hard to resolve and can have a negative impact on water security, creating vicious cycles of conflict. This is why timely action is critical,” she said.
Iraq’s fragile peace is ‘directly threatened’ by water concerns, according to a climate change expert. Photograph: Haidar Mohammed Ali/AFP/Getty Images
Schmeier said violent clashes over water resources had occurred between local communities and between provinces within the same countries. “Violence is then exerted by non-state actors, potentially even illicit groups, or representatives of certain sectors.
“Such local conflicts are much more difficult to control and tend to escalate rapidly – a main difference from the transboundary level, where relations between states often limit the escalation of water-related conflicts.”
The WPS tool was developed in a collaboration between the Dutch foreign ministry and Deltares, IHE Delft, International Alert, The Hague Centre for Strategic Studies, Wetlands International and World Resources Institute.

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