05/09/2020

Portuguese Children Sue 33 Countries Over Climate Change At European Court

The Guardian

Ground-breaking crowdfunded case demands that states make more ambitious emissions cuts

A wildfire in Monchique in Portugal in 2018. The case was initiated in 2017 after devastating forest fires in Portugal killed over 120 people. Photograph: Filipe Farinha/EPA

Young activists from Portugal have filed the first climate change case at the European court of human rights in Strasbourg, demanding 33 countries make more ambitious emissions cuts to safeguard their future physical and mental wellbeing.

The crowdfunded legal action breaks new ground by suing multiple states both for the emissions within their borders and also for the climate impact that their consumers and companies have elsewhere in the world through trade, fossil-fuel extraction and outsourcing.

The plaintiffs – four children and two young adults – want the standard-setting court to issue binding orders on the 33 states, which include the EU as well as the UK, Norway, Russia, Turkey, Switzerland and Ukraine, to prevent discrimination against the young and protect their rights to exercise outdoors and live without anxiety.

The case is being filed after Portugal recorded its hottest July in 90 years. It was initiated three years ago following devastating forest fires in Portugal that killed over 120 people in 2017. Four of the plaintiffs are from Leiria, one of the worst-hit areas. The two other applicants live in Lisbon, which sweltered through record-breaking 44C heat in 2018.

Expert testimony will warn that these trends will worsen in the future. On the current path of about 3C of warming above pre-industrial levels, scientists have predicted a thirty-fold increase in deaths from heatwaves in western Europe by the period 2071-2100. At 4C, which is also possible, they say heatwaves above 40C would endure for more than 30 days a year, quadrupling the risk of forest fires.

Catarina Mota, 20, said governments must act on scientific warnings because the climate crisis was already affecting young people psychologically and physically.

“I am afraid for the future,” she said. “Lately, it is already impossible to exercise outdoors. If that was only for a few days it would be fine but the heatwaves are extreme and recurring. I live with the feeling my home is becoming more hostile each year. It scares me a lot.”

Sofia Oliveira, aged 15, said her generation was acutely conscious of the dangers that lie ahead: “We have seen unbearable heatwaves that cause water shortages and damage food production, and violent wildfires that give us anxiety and make us afraid to travel through our country’s forests … If we already see these extremes in 2020 what will the future be like?”

She said the EU must commit to a minimum 65% emissions reduction target by 2030 and ensure a green recovery from the Covid crisis by investing in renewables and clean technology rather than fossil fuels.

The young applicants are being represented by British barristers, including Marc Willers QC, who are experts in environmental and climate change law, and supported by the London- and Dublin-based NGO Global Legal Action Network (Glan), which raised £27,000 through crowdfunding.

More than 1,300 climate-related lawsuits have been filed worldwide since 1990. The most successful so far was in the Netherlands, where the Urgenda Foundation forced the government into scaling back coal-fired power plants and taking other compliance measures worth about €3bn (£2.7bn).

Gerry Liston, legal officer with Glan, said the latest case could go further because Strasbourg sets standards that other courts follow. “This case is unique in scale. This is the most countries ever taken to a regional court in a climate change case. If we win, it will have a very significant effect throughout Europe.”

He noted that this was the first time the court had dealt with an issue that threatens the very system of rules it was established to uphold, citing a warning last year by the UN special rapporteur Philip Alston that human rights may not survive the upheaval caused by climate change.

The NGO behind the case says the legal campaign aims to amplify the pressure applied by school climate strikers.

“This is a culmination of all the campaigning that the youth movement are engaged in. Now they are asking the courts to step up. This is a last-ditch effort to put the ship back on a course that doesn’t involve catastrophic climate change,” said Gearóid Ó Cuinn, the director of Glan. “It is the youth who stand to be discriminated against. They bear the burden in terms of risk.”

The court will have to consider whether the case is admissible and then, if so, rule on the merits of the case. This could take months or years. A new phase of crowdfunding has been launched. Ó Cuinn said there was no time to wait: “The situation is dire. The climate threat dwarfs Covid. Given the urgency of dealing with emissions, we think our case should be a priority.”

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(AU) The Mystery Of The Murray-Darling’s Vanishing Flows

ABC NewsMichael Slezak | Mark Doman | Katia Shatoba | Penny Timms | Alex Palmer

It might be the biggest whodunnit — or what-dunnit — in Australia.

More than 2 trillion litres of water — enough to fill Sydney Harbour four and a half times — has gone missing from our largest and most precious river system — the Murray-Darling Basin.

And it’s happened in what was already one of the driest periods the basin has seen.

According to an investigation by some of Australia’s top water scientists, shared exclusively with the ABC, 20 per cent of the water expected to flow down the rivers from 2012-2019 was simply not there. That’s despite almost $7 billion being spent to protect the health of the system’s rivers and ecosystems that rely on them.

Was it stolen? Was it lost? Has climate change made it go up in steam? Or was it simply never there in the first place?

There are clues scattered up and down the rivers but one simple message is clear in the scientists’ findings. For the first time, they provide evidence that the Murray-Darling Basin Plan — the most expensive environmental program in Australia’s history — is delivering much less water than was expected.

And the implications could be huge.

The Murray-Darling Basin covers a seventh of the continent, is home to nearly 10 per cent of Australia's people, and produces a third of our food.

The Murray-Darling Basin is enormous network of rivers, creeks, wetlands and valleys.

“It’s a huge discrepancy to be missing a fifth of the water that’s meant to be in the rivers,” said Jamie Pittock from the ANU. He’s an expert in water management and a co-author of the Wentworth Group’s report.

“It means that there are all sorts of things that Australians value that won’t be sustained … like more water for towns … the floodplains, growing grass for sheep and cattle, in terms of biodiversity being conserved, waterbirds, red gum forests and conserving our fish.”

Rob Vertessy is a hydrologist and chair of the Murray-Darling Basin Authority’s (MDBA) Advisory Committee on Social Economic and Environmental Sciences.

He said the report was an important contribution to the body of scientific knowledge on the system.

“It is pointing to a problem, which I guess people have had a sense of, but which hasn’t been properly dimensioned until now,” Professor Vertessy said.

“The levels of flow in the river are lower than everyone would have hoped.”

The MDBA itself worked with the Wentworth Group to help with the analysis over the past several months, and is completing its own similar analysis set to be released later this year.

The MDBA’s head of basin strategy, Vicki Woodburn, said the shortfall was not a failure of the basin plan itself, since it was still being implemented.

The missing water is a mystery — nobody knows exactly why it’s not being seen in the rivers.

But here’s the thing: there are clues. Lots of them. We’ve seen water go missing up and down the river with clear explanations before. And looking closely at the new report, many of those explanations are consistent with the new data.

Clue one: tampered meters and criminal prosecutions


One possible explanation for the shortfall is that some of the missing water has been stolen.

An investigation by Four Corners in 2017 put water theft in the spotlight — much of it around the Barwon-Darling catchment in the Northern Basin.

Irrigation pumps in the Barwon River near Brewarrina in New South Wales. AAP: Dean Lewins

Irrigators there, according to official figures, use 3 per cent of all the water taken from the entire Murray-Darling Basin.

But on top of those official figures, there has been significantly more water taken in that area. The Murray-Darling Basin Authority itself estimated that in the Northern Basin, as little as 25 per cent of surface water take has been metered.

Some of the water that went unmetered was stolen.

Peter Harris, who was named in the 2017 Four Corners, was this year found guilty of water theft just upstream from those gauges at Brewarrina.

Anthony Barlow, another person named in the program, was found guilty and fined $190,000, for water theft just upstream again.

Since the Natural Resources Access Regulator (NRAR) was formed in NSW in 2018, 15 additional charges have been laid in these locations across the state for water theft and related actions, according to an NRAR spokeswoman.


Emma Carmody, a lawyer at the Environmental Defenders’ Office, said the criminal prosecutions do not represent how widespread water theft has been.

“I’d actually go so far as to say that this situation pre-2018 was catastrophically bad in those northern catchments in relation to compliance and enforcement,” Dr Carmody said.

Irrigators deny water theft is a significant issue in the missing water mystery.

“I think if people are saying, ‘oh, well, this is about water theft’, then what they’re doing is really just trying to find someone to blame rather than trying to find solutions,” said Steve Whan, the CEO of the National Irrigators’ Council.

It’s probably impossible now to calculate the true scale of water theft over the seven years analysed by the Wentworth Group, but it’s unlikely to explain much of the shortfall. And whatever role it played, there are other key suspects in the case of the missing water.

Clue two: shadow take


Travel further upstream along the Macquarie River towards Dubbo, and you land in the internationally protected wetlands of the Macquarie Marshes.


It’s one of the largest remaining inland, semi-permanent wetlands in the Murray-Darling Basin and supports more than half a million birds in a large flood.

In the vast flat landscape, decent rains cause water to spill over the banks of the Macquarie and its tributaries and spread as far as the eye can see.

The Macquarie Marshes are listed as a wetland of international importance. ABC News: Matthew Abbott

In a landscape so flat, structures like roads, engineered channels and small levee banks can divert staggering volumes of floodwater — potentially shepherding it across a farmer’s fields where it is left to soak into the ground, or even pumped into dams.

This water taken by irrigators and graziers from the floodplains — rather than from the rivers — has hardly ever been measured.

Using satellite imagery, flood paths appear guided by seemingly innocuous structures, or completely cut off by others.



Richard Kingsford is a river ecologist at the University of New South Wales who has studied the Macquarie Marshes and the impacts of floodplain harvesting.

He says water that spills over floodplains often drains back into rivers, and interrupting its flow can have big impacts, including contributing to the missing flows.

“There are very few places where we have an accurate estimate of how much water is being taken from the floodplain. And to me, this has been a yawning gap in the policy,” he said.

This floodplain harvesting was not always illegal — so long as the earthworks were approved and the total amounts taken were within certain limits. But without proper measurement, nobody can be sure, and the volumes taken were unknown.

The idea that floodplain harvesting could explain some of the missing water fits with the data in the Wentworth Group’s report. In late 2016, there was a flood in some parts of the basin and despite there being much more water in that period, the shortfall remained high.

Infographic: Even in high-flow years, there were still discrepancies between the expected and observed flows at Marebone Break. (Source: Wentworth Group of Concerned Scientists)

“During the wet sequences, which haven’t been frequent … I think it’s a matter of legitimate disquiet that many have about the failure to really bring those floodplain harvesting schemes into the calculations,” says Professor Vertessy.

“It’s well past the time that we should have a full fix on that,” he said.

In NSW, where the potential for floodplain harvesting is the biggest, rules are now being implemented to measure it.

Steve Whan from the National Irrigators’ Council said the new rules would help reduce shortfalls in future analyses.

“We’re seeing extensive work done to improve measurement, including bringing floodplain harvesting into a volumetric system … And all those things are really important steps. Many of them are still only partway through,” Mr Whan said.

Clue Three: The cash splash


If we head all the way to southern NSW, we see a completely different clue.

Billions have been spent subsidising “efficiency measures” to help farmers save water there.

That can be done by upgrading old irrigation systems to deliver water directly to roots, or lining water channels, for example. Then about half of the water saved by the farmers gets handed to the government for the environment.

But according to some experts, the “inefficiencies” prior to the upgrades just meant some of the water used by irrigators flowed back into the rivers. The upgrades mean that “return flow” stops happening.

“So when you say ‘I’ve saved all this water’, the question is what was it doing before it was saved?” said John Williams, another co-author of the Wentworth Group report and former head of the CSIRO’s Division of Land and Water.

In a report published in 2019, Professor Williams estimated that at least 280 billion litres of water per year might have been lost from the rivers — and are unaccounted for — due to this problem.

“That must be a major reason that we’re not getting the flow regimes that we need,” Professor Williams said.

The MDBA commissioned its own analysis of the issue and concluded the loss of return flows was reducing water in the rivers by 121 billion litres a year.

They say that review shows the reduction in return flows is not a significant factor and does not impact the outcomes of the basin plan.

“The most comprehensive analysis suggests it is an issue, but not a huge one,” said Professor Vertessy.

Clue Four: Climate change


There is one issue, however, that most experts do agree is a major reason for the missing water in the basin.

“The MDBA considers a changing climate to be the primary contributory factor,” said the MDBA’s Vicki Woodburn.

Since the basin plan was introduced, heat records across the area have been broken in four of the eight years. The last three years have been the hottest ever recorded in the basin.

Infographic: 2019 was the hottest year on record in the Murray-Darling Basin. (Source: Bureau of Meteorology)

According to the South Australian royal commission into the Murray-Darling basin plan, the MDBA “completely ignored climate change” when determining how much water needed to be saved.

If true, that means the overall target may have been set too low — that more water needs to be recovered from irrigation to save the river system.

But the same models used to set those targets have also been used to manage the rivers, and now to calculate how much water should be in the rivers. And by inadequately accounting for climate change, those models are likely over-predicting how much water is being recovered.

Climate change means more water is likely being lost between gauges, as it flows along — lost into the dry river beds and the hot air.

“The river models that project where the water will be in the rivers haven’t accounted for things like greater evaporation of water,” said Professor Pittock.

Professor Vertessy said most people were surprised by the magnitude and speed of the changes seen across the basin.

“I think a very important thing to appreciate is that we’re in a very different hydro-climatic sequence than we ever would have envisaged at the time of the architecting of the basin plan,” he said.

Clue five: The water was never there


In a twist worthy of any whodunnit, could it be that some of the missing water was simply never there in the first place?

According to the Wentworth Group, the government modelling used to predict how much water we should see in the river has some fundamental flaws which likely exaggerate the volumes.

For example, in 2018, the Murray-Darling Basin Authority found its modelling “has trouble predicting low flows”.

That meant that when water stopped flowing in the river, the model would still show water flowing — something that could have been particularly problematic over the past seven years when low flows were very common.

If true, it likely means much more water needs to be recovered to save the system to get the same outcomes.

The Wentworth Group scientists say they are confident they applied the modelling as best as was possible, and Rob Vertessy, who advises the MDBA on science, agrees.

“Given their intent, which is to make a comparison of expected flows and those which were realised, then, yes, I think it’s as solid as any approach you could adopt,” he said.

But the MDBA has some reservations. “While the Wentworth Group has partially accounted for the climate and as-yet-unfinished basin plan implementation, both effects are still present in the analysis and inflate the outcome,” said Vicki Woodburn.

Everyone seems to be on the same page about how much better the modelling needs to be.

“The MDBA is working to achieve this improved modelling, however it requires further investment and would be done in collaboration with all basin governments,” said Ms Woodburn.

“This type of analysis should be a fairly routine thing, but in effect, it’s a significant research project,” said Professor Vertessy.

But Wentworth Group scientists are scathing of the lack of adequate modelling and monitoring of flows.

“You can’t manage properly what you’re not measuring. And it’s concerning that the governments haven’t been measuring the … real water in the rivers against their flow targets,” said Professor Pittock.

What it all means


If there’s less water in the rivers than we ever planned for, what’s to be done about it?

Irrigators say the response should not be to buy more water from farmers, as that would cost too many jobs.

“If we think about changes to [sustainable diversion limits], then we also have to then think about what impact it has on those things as well,” said Steve Whan from the National Irrigators’ Council.

Mr Whan wants environmental targets to focus more on “complementary measures” — measures of environmental health, rather than volumes of water.

The MDBA itself says we need to wait until more of the basin plan is enacted before we think about changing the recovery targets, or “sustainable diversion limits” (SDLs) — which are set for review in 2026.

“The basin plan is still not fully implemented so it is too early to suggest the SDLs need to change,” says Vicki Woodburn.

But Professor Vertessy, who advises the MDBA, thinks this sort of shortfall could contribute to a rethink of the long-term water recovery targets.

“We may have to — I think everyone would accept that these sustainable diversion limits aren’t quantities which you ossify for posterity,” he says.

“They’ve got to be adjusted to fit in with the new climate realities and the social preferences of the day.”

And the scientists say whatever the response to the findings, something has to give.

“The current basin plan tries to pretend that we can do everything with a smaller and smaller cake,” says Professor Pittock.

“What this really means is that society is going to have to make some hard choices. How much irrigated agriculture do we want as a society versus how much do we want to retain by way of wetlands and ecosystems [or] of sites of cultural value to Indigenous people?”

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(AU) El Nino Lulls Lead To Harsh Floods, Fires And Droughts: Study

Sydney Morning HeraldPeter Hannam

The world's biggest climate pattern, the swing between El Ninos and La Ninas in the Pacific, operates with a kind of memory - with periods of low activity followed by stints of extreme events.

A study, led by CSIRO scientist Wenju Cai, found the roughly 20-year relative lull in the so-called El Nino-Southern Oscillation (ENSO) from 1998 will be made up for in future decades by an increase of as much as a third in activity. For Australia, that could mean more extreme droughts, fire seasons and floods.

Two big El Ninos, forming in 1997 and 2015 in the Pacific. The climate patterns swing between periods of lower activity to more active ones, with global consequences. Credit: NASA

Rising greenhouse gases and the resulting global heating amplify this giant self-modulating system, exacerbating the extremes, the research published on Thursday in Nature found.

"If the greenhouse effect now on the El Nino [is to suppress it], in the future the response to that subsequent greenhouse warming will be much more dramatic," Dr Cai told the Herald and The Age. "The [1998-2018] hiatus will cause us more extremes in the future."

The researchers, including Agus Santoso from the University of NSW and Michael McPhaden from the US National Oceanic and Atmospheric Administration, derived their findings by applying the so-called butterfly effect on computer models to see how tiny changes in initial conditions affect eventual El Nino activity.

Those tweaks involved altering temperatures by one hundred of a trillionth of a degree to mimic the effects akin to the metaphoric flapping of a butterfly's wings.

As the Nature paper noted, El Nino and La Nina years typically have major impacts on extreme weather, ecosystems and food production.

El Nino events are marked by rainfall patterns shifting eastwards away from Australia and south-east Asia, with western parts of South America often hit by flooding. La Nina years – including possibly this one by spring, according to Australia's Bureau of Meteorology – are the reverse, with Australia typically hit by more cyclones and heavy rain.

The self-organising system retains a "memory", Dr Cai said, with effects playing out over a century or more. "What happens now actually can affect the future. El Nino actually remembers its own past," Dr Cai said.

During El Nino years, surface winds take out more heat than usual from the tropical Pacific, lifting temperatures. Those events are often followed by a La Nina, as the system naturally reorganises itself.

The lull, playing out over most of the first two decades of the 21 century, amounted to a reduction of 13 per cent in ENSO activity, Dr Cai said. The modelling indicates that suppressed activity will be countered by a projected increase in ENSO variability by as much as 37 per cent from the 2000-19 level, the paper concludes.

While the system will eventually compensate for the suppressed activity with more intense events, "we don't know which decades" that payback will come, he said.

Dr Cai, who has published previous studies that found most extreme El Nino years will become stronger and more intense by the end of the 21st century with global heating, has also submitted a paper examining how the butterfly effect plays out in the Indian Ocean, another of Australia's main climate influences.

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The Catastrophic Science Behind The Stunning Photos Of The Arctic Crater

Inverse - Nina Pullano

Climate change is both a cause and effect of this massive hole.

As once-permanently frozen soil begins to melt, it throws off entire ecosystems. The planet is warming, and the Arctic is heating up especially quickly. There, the thawing permafrost is an increasingly alarming and hard-to-ignore phenomenon.

In 2020, melting permafrost has already caused a Russian oil tank to topple, and Arctic wildfires spotlight how climate change accelerates the meltdown.

Stunning new images show an extreme manifestation of what happens when the Arctic becomes unfrozen — in the form of a giant crater in the earth.

The 160-foot-deep crater opened up on northern Siberia's Yamal peninsula, The Siberian Times reports.

Photos show the cylindrical hole in the ground, also called a funnel:
Funnels are the direct result of melting permafrost. As it thaws, methane gas accumulates beneath the surface of the land, and forms pockets underground. Those pockets can then erupt, launching methane into the atmosphere — along with ice and soil.

As it formed, bits of land were thrown hundreds of feet from the crater. But the most dangerous effect of the gas eruption is invisible: methane gas. Methane is a greenhouse gas 84 times more powerful than carbon dioxide. It dissipates more quickly in the atmosphere, but has devastating consequences for the environment.

Events like the Yamal funnel demonstrate how climate change often operates in a feedback loop. The same global warming that causes the methane to erupt is also fed by the eruption, as more planet-warming methane is released.

Scientists from NASA previously predicted that, within the next few decades, the greenhouse gases released by thawing permafrost will be significant. A 2018 study found that in the next 300 years, the carbon dioxide emitted by thawing land will be 10 times the amount humans emitted in a single year.

Crater findings

The crater in northern Siberia is a physical manifestation of climate change's dramatic effects. Perhaps it's not coincidental that it slightly resembles a portal to the underworld, or the devastating sinkhole from The Good Place.

This isn't the first time a funnel like this has opened up. A similar hole appeared in 2014 on the Yamal peninsula. Scientists said at the time that a warm 2012 summer played into the funnel's emergence.

The new funnel is believed to be the largest to suddenly appear in recent years. Researchers say it also holds scientific significance. But they won't yet announce what that is.

Vasily Bogoyavlensky, professor at the Russian Oil and Gas Research Institute, said the funnel "carries a lot of additional scientific information, which I am not yet ready to disclose."

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