15/08/2020

(AU) Australia Asks UN To Dismiss Torres Strait Islanders' Claim Climate Change Affects Their Human Rights

The Guardian

Complaint argues Morrison government has failed to take adequate action on emissions or adaptation measures

Dauan Island in the Torres Strait. Low-lying islands such as Masig and Boigu are likely to be at the forefront of forced displacement. Photograph: Lloyd Jones/AAP

The Morrison government has asked the human rights committee of the United Nations to dismiss a landmark claim by a group of Torres Strait Islanders from low-lying islands off the northern coast of Australia that climate change is having an impact on their human rights, according to lawyers for the complainants.

The complaint, lodged just over 12 months ago, argued the Morrison government had failed to take adequate action to reduce emissions or pursue proper adaptation measures on the islands and, as a consequence, had failed fundamental human rights obligations to Torres Strait Islander people.

But the lead lawyer for the case, Sophie Marjanac, says the Coalition has rejected arguments from the islanders, telling the UN the case should be dismissed “because it concerns future risks, rather than impacts being felt now, and is therefore inadmissible”.

Marjanac said lawyers for the commonwealth had told the committee because Australia is not the main or only contributor to global warming, climate change action is not its legal responsibility under human rights law.

“The government’s lawyers also rejected arguments that climate impacts were being felt today, and that effects constituting a human rights violation are yet to be suffered”.

A spokesman for the attorney general, Christian Porter, said submissions to the human rights committee were not publicly available. He said once made, the UN transmits the government’s submission to the complainants. “It is now for the committee to consider the submissions and reach a decision,” the spokesman said.

The UN Human Rights Committee is a body of 18 legal experts that sits in Geneva. The committee monitors compliance with the International Covenant on Civil and Political Rights. Guardian Australia has not seen the commonwealth’s submission, because that would be a breach of UN processes.

The complainants are alleging that Australia has violated article 27, the right to culture; article 17, the right to be free from arbitrary interference with privacy, family and home; and article 6, the right to life. Decisions in these processes can take up to two years.

Lawyers for the islanders have alleged that the catastrophic nature of the predicted future impacts of climate change on the Torres Strait Islands, including the total submergence of ancestral homelands, is a sufficiently severe impact as to constitute a violation of the rights to culture, family and life.

The challenges associated with sea level rise in the Torres Strait have been well documented. A report from the Climate Council on the risks associated with coastal flooding notes that Torres Strait Island communities are extremely low-lying and are thus among the most vulnerable in Australia to the impacts of climate change.

The report concludes the shallowness of the strait “exacerbates storm surges and when such surges coincide with very high tides, extreme sea levels result”. It cites sea level data collected by satellite from one location in the Torres Strait between 1993 and 2010 that indicated a rise of 6 mm per annum, “more than twice the global average”,

Although the report notes this was a single dataset, low-lying islands in the Pacific – and Torres Strait islands such as Masig and Boigu – are likely to be at the forefront of forced displacement. Some forecasts have predicted up to 150 million people could be forcibly displaced by climate change by 2040 – larger than the record number of people already forced from their homes globally.

The non-profit group ClientEarth is supporting the complaint. A spokesman for the group said: “It is shameful that Indigenous communities on Australia’s climate frontline are being told that the risk of climate change to their human rights is merely a future hypothetical issue, when scientists are clear these impacts will happen in coming decades”.

“Climate change risk is foreseeable and only preventable through immediate action in the present. States like Australia have legal duties to protect the human rights of their citizens”.

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Climate Change: Warming World Will Be 'Devastating' For Frozen Peatlands

BBC - Matt McGrath

Melting permafrost in Alaska and other northern regions could unleash large amounts of warming gases from peatlands. Getty Images

The world's peatlands will become a large source of greenhouse gases as temperatures rise this century, say scientists.

Right now, huge amounts of carbon are stored in boggy, often frozen regions stretching across northern parts of the world.

But much of the permanently frozen land will thaw this century, say experts.

This will release warming gases at a rate that could be 30-50% greater than previous estimates.

Stretching across vast regions of the northern half of the world, peatlands play an important role in the global climate system.

Over thousands of years, they have accumulated large amounts of carbon and nitrogen, which has helped keep the Earth cool.

The eroding edge of a permafrost peat plateau in the western Russian Arctic. Gustaf Hugelius



Scientists, though, are keenly aware that peatlands - including the nearly half that are permanently frozen - are very vulnerable to rising temperatures.

But, until now, a lack of accurate maps has made it difficult to fully estimate the impact of climate on peat.

Using data compiled from more than 7,000 field observations, the authors of this new study were able to generate the most accurate maps to date of the peatlands, their depth and the amount of warming gases they contain.

They show that the boggy terrain covers 3.7 million sq kilometres (1.42 million sq miles).

A degrading permafrost peat mound in Sweden. Gustaf Hugelius



The researchers say the northern peatlands store around 415 gigatonnes of carbon. That's roughly equivalent to 46 years of current global CO2 emissions.

In their study, the authors projected that the peatlands would become a major source of CO2 as the world warms up.

One key question is when this will happen.

"Unfortunately, we cannot put exact times to these numbers so far, the models are not that advanced yet," said lead author Gustaf Hugelius from Stockholm University, Sweden.

"But my best estimate is that this shift will occur in the second half of this century."

So what would be the likely impact of this thawing?

The report authors say that their new estimate of the carbon emitted through thawing, and from losses of peat into rivers and streams, is 30-50% greater than in previous projections of carbon losses from permafrost thawing.

An aerial view of peatland in Siberia. Gustaf Hugelius

If this new peatland estimate is included with all the estimates for permafrost melting, it is projected to equal the annual emissions of the EU and UK by 2100.

"The only way to limit the permafrost carbon feedback is to reduce global warming," said Dr Hugelius.

"Because the Arctic warms twice as fast as the rest of the globe, the higher warming pathways that we are on now are devastating for the permanently frozen parts of the globe."

While the future for peatlands frozen or otherwise, in a warmer world is undeniably difficult. it is not without hope.

Experts say that with the right investment to protect and restore non-frozen peatlands, the bogs can continue to soak up and store large amounts of CO2.

Similarly, as frozen peat thaws out it starts to become capable of growing plants and storing warming gases.

While the new study says it might take a couple of centuries for peatlands to start absorbing large amounts of CO2, others believe it might happen much sooner.,

"If the climate warms and the conditions are better for the vegetation, vegetation can respond in a matter of decades," said Clifton Bain, who is the director of the IUCN UK Peatland Programme.

"We've seen in the UK when you destroy a peatland and rip away the surface vegetation and drain it, if you re-wet it and there's a source of sphagnum moss there, they will re grow within a matter of decades. So, it is possible in the right conditions for the bulk vegetation to recover very quickly."

The study has been published in the journal Proceedings of the National Academy of Sciences.

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Trump Eliminates Major Methane Rule, Even As Leaks Are Worsening

New York Times

The weakening of Obama-era efforts to fight climate change amounts to a gift to many oil companies. Researchers warn that the decision ignores science.

The rollback marks the last major Obama-era climate-change regulation to be weakened by the administration. Credit...Jessica Lutz for The New York Times

WASHINGTON — The Trump administration formally weakened a major climate-change regulation on Thursday — effectively freeing oil and gas companies from the need to detect and repair methane leaks — even as new research shows that far more of the potent greenhouse gas is seeping into the atmosphere than previously known.

The rollback of the last major Obama-era climate rule is a gift to many beleaguered oil and gas companies, which have seen profits collapse from the Covid-19 pandemic. But it comes as scientists say that the need to rein in methane leaks at fossil fuel wells nationwide has become far more urgent, and new studies indicate that the scale of methane pollution could be driving the planet toward a climate crisis faster than expected.

Andrew Wheeler, the head of the Environmental Protection Agency, announced at an event in Pittsburgh on Thursday that he had completed the legal process of lifting the methane regulation. He was speaking in a city at the heart of the nation’s natural-gas boom, and in a state that will be critical to winning this fall’s presidential election.

“E.P.A. has been working hard to fulfill President Trump’s promise to cut burdensome and ineffective regulations for our domestic energy industry,” he said. “Regulatory burdens put into place by the Obama-Biden administration fell heavily on small and medium-sized energy businesses.”

The E.P.A. estimates that the rule changes will yield economic benefits of roughly $100 million a year through 2030, while leading to the release of about 850,000 tons of planet-warming methane into the atmosphere over the same period.

Mr. Wheeler has justified the move by citing E.P.A. data showing that leaks from domestic oil and gas wells have remained steady over the past decade, even as oil and gas production boomed.

However, numerous recent studies show the opposite: that methane emissions from drilling sites in the United States are far more extensive than the E.P.A.’s official numbers. Overall, methane levels are in fact climbing steadily nationwide, according to the research, and have reached record highs globally in part because of leaks from fossil fuel production.

“Over the past few years there has been an explosion of new research on this, and the literature has coalesced — 80 percent of papers show that methane from oil and gas leaks is two to three times higher than the E.P.A.’s estimates,” said Robert Howarth, an earth systems scientist at Cornell University, who last year published a study estimating that North American gas production was responsible for about a third of the global increase in methane emissions over the past decade.

“It’s crazy to roll back this rule,” said Dr. Howarth. “Twenty-five percent of the human-caused warming over the past 20 years is due to methane. Methane is going up. We need it to go down.”

Scientists say that the new data on soaring levels of methane means that, even if the world’s governments were somehow able to meet the targets of the 2015 Paris climate change agreement — in which every nation agreed to lower their carbon dioxide pollution — those achievements could be wiped out by the heat-trapping power of all the previously uncounted methane in the atmosphere.

Already, the effectiveness of the Paris pact is imperiled, since Mr. Trump has withdrawn the United States from it. But environmentalists are hopeful that it could be restored if Joseph R. Biden Jr. wins the presidential election this fall and the United States rejoins the agreement.

E.P.A. administrator Andrew Wheeler has argued that his agency’s data shows leaks haven’t increased. That claim is contradicted by numerous scientific studies. Credit...Pool photo by Al Drago

“The Paris Agreement was not taking into account the new increase in concentrations of methane,” said Peter Raymond, an ecologist at Yale who co-authored a study published in July concluding that global levels of methane have surged to record heights.

“Because methane is so powerful, this rise could offset a lot of the goals in the Paris agreement,” he said. That could intensify many of the already baked-in near-term effects of a warming planet, such as extended droughts, deadly heat waves, stronger hurricanes and more devastating coastal flooding.

Methane comes from various sources in addition to energy production, including animal digestive tracts and landfills, and it lingers in the atmosphere for less time than carbon dioxide, the main greenhouse gas, which comes from burning fossil fuels. But methane has 80 times the heat-trapping power in its first 20 years in the atmosphere.

In recent years, the United States has cemented its place as one of the world’s biggest producers of oil and natural gas, a result of the fracking boom. However, a shortage of pipelines, combined with low prices for natural gas caused by the abundant supply, has meant there’s less of a financial incentive to prevent leaks at drill sites.

During his administration, President Barack Obama sought to use executive power to fight climate change with a suite of E.P.A. regulations that targeted three major sources of planet-warming pollution: carbon dioxide emissions from cars and from coal-burning power plants, and methane leaks from wells.

At the time, the methane rule was seen as slightly less consequential than the other two rules, addressing cars and coal plants, in part because data showed significantly lower levels of methane in the atmosphere than of carbon dioxide.

President Trump last year rolled back the rule on coal-plant pollution, and this spring he significantly weakened the rule on auto pollution.

But now, as Mr. Trump rounds the final turn of his unraveling of Mr. Obama’s climate legacy, scientists say that the importance of reining in methane has become far greater as the data has piled up indicating the scale of the leaks.

According to the E.P.A.’s annual inventory of United States greenhouse emissions, oil and gas wells emitted about 7 million tons of the heat-trapping gas annually between 2014 and 2018. The more recent studies, however, show the real number could be up to twice that.

A scientific study published last month found that the United States fossil fuel industry in 2017 emitted about 13 million tons of methane, the heat-trapping equivalent of a year’s worth of carbon dioxide pollution from all the nation’s coal-fired power plants.

A 2018 study in the journal Science also concluded that, in 2015, the United States oil and gas industry was leaking about 13 million tons of methane annually.

“In many oil and gas fields, we’re finding emissions to be considerably higher than what E.P.A. says they are,” said Rob Jackson, an earth scientist at Stanford University who co-authored the July study. Methane emissions, he said, are “not stabilizing. They’re certainly not going down.”

Several scientists said that the key reason for the discrepancy between their studies and the E.P.A.’s numbers was the thoroughness of the methods used to detect methane. To compile its annual inventory of methane emissions, the E.P.A. relies on a mix of self-reported data from companies themselves, and some on-site testing of drilling wells, pipes and other equipment.

The scientists said such testing is not comprehensive. In recent years, academic scientists have started using new technologies and techniques to more completely account for methane leaks from drilling sites and pipelines, such as airplanes and vehicles fitted with atmospheric monitors and infrared cameras, as well as satellites.

“There are blind spots in the E.P.A.’s testing — they were missing all these sources of the leaks,” said Ramón Alvarez, a lead author of the 2018 paper and an atmospheric chemist at the Environmental Defense Fund, an advocacy group.

An E.P.A. spokesman, James Hewitt, contested that assertion. “E.P.A.’s final methane rule is based on the most accurate and comprehensive accounting of our nation’s greenhouse gas emissions profile, which is performed by agency scientists based on data from a variety of sources, including the agency’s greenhouse gas inventory, the greenhouse gas reporting program, new studies, and comments received on the proposal. We stand by our numbers and analysis,” he said.

A pipeline operator in Damascus, Ark., with a methane leak detector. Credit...Andrea Morales for The New York Times

The oil and gas industry itself is divided on the rollback of the methane regulations.

Major companies like Exxon, Shell and BP had urged the Trump administration to keep the controls in place.

Those companies have invested millions of dollars to promote natural gas as a cleaner option than coal in the nation’s power plants, because natural gas produces about half as much carbon dioxide when burned. They fear that unrestricted leaks of methane could undermine that marketing message and hurt demand.

But smaller, independent oil companies supported the rule as a measure of relief when many are struggling to stay afloat. Those companies also point out that existing E.P.A. regulations still require them to regulate a separate but related category of gases, volatile organic compounds, and that those curbs have the side benefit of averting some methane emissions.

“This doesn’t shift the regulatory burden — we’re still going to have the same requirements” for any new wells that are drilled in the future, said Lee Fuller, a vice president at the Independent Petroleum Producers of America, which represents smaller oil and gas companies.

But lifting the methane rule does avert a far more stringent future obligation on small oil and gas companies: If the rule had stayed in place, it eventually could have required companies to repair and retrofit thousands of older existing wells — a far costlier undertaking.

It is that requirement that terrifies small oil and gas drillers, said Mr. Fuller. “To compel it to apply to existing wells is too expensive. It would drive them out of business.”

That may be true, said some scientists. But they also say that many of those small, older wells could be likely sources of the vast quantities of harmful emissions.

“This rule helps smaller oil and gas companies, the ones operating on the edge of financial viability,” said Dr. Jackson, the Stanford scientist. “But it’s also saying that science doesn’t matter. It’s prioritizing very short-term economic gain over longer-term economic health and human health.”

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