05/09/2021

(AU ABC) Australia Records Near-Record Warmth During The Wettest Winter Since 1996

ABC Weather - Ben Deacon

Australia's average winter temperature this year was our fourth hottest winter on record. (Supplied: Bureau of Meteorology)

Key Points
  • Australia has recorded its fourth warmest winter on record
  • It was the wettest winter since 1996
  • The warm temperatures are in line with increased temperatures due to global warming
Australia has just experienced its fourth-hottest winter since 1910, according to the Bureau of Meteorology (BOM).

"It has been generally warm just about everywhere," said Simon Grainger, a senior climatologist with the BOM.

"In terms of mean temperatures, it's been in the top 10 warmest winters on record for every state and territory except Western Australia."

This comes despite neither of Australia's two main climate drivers, El NiƱo–Southern Oscillation (ENSO) and the Indian Ocean Dipole (IOD) strongly favouring above-average temperatures this winter. 

A lot of Australia saw above-average average daily temperatures this winter. (Supplied: BOM)

The national mean temperature for winter was 1.18 degrees Celsius above the 1961 to 1990 average — the fourth-warmest on record after 1996, 2009 and 2013.

The most pronounced warmth was in the northern tropics, where maximum temperatures were about 2C above average.

Nights were warm too

The mean minimum temperature was 1.08C above average, the ninth-highest on record, with the most pronounced warmth in the northern tropics, Tasmania and Victoria.

Much of Australia experienced warmer-than-average minimum overnight temperatures this winter. (ABC Open: Chris Ferguson)

Mr Grainger said the warmer nights in the south-east were connected to the region experiencing a wetter winter.
"More clouds and more rain keeps more heat in at night," he said.
'The slow creep'

According to Joelle Gergis from the Australian National University, who was also a lead author of the recent Intergovernmental Panel on Climate Change (IPCC) climate change report, Australia's near-record warm winter was an example of what she described as "the slow creep of climate change". 

"We pay attention to these really dramatic weather extremes," she said.
"But meanwhile in the background, like a frog in a pot, we are starting to warm Australia in ways that are really fundamentally changing our seasonal variability."
ENSO has been inactive this winter, favouring neither warmer nor cooler conditions. (Supplied: BOM)

Dr Gergis said this winter Australia had not seen the usual drivers that we would expect to be associated with above-average temperatures.

"So this is background warming that is playing out," she said. 
"The IPCC is saying it's virtually certain that we're going to see a decrease in the intensity and frequency of cold extremes throughout the 21st century, all over the world. 
"And that certainly includes Australia where we've already seen the warming up of our winters.

The BOM said Australia's climate has warmed on average by 1.44C since national records began in 1910.

Wettest winter in 25 years, still below average

Rainfall for winter was the highest since 1996, yet was still 5 per cent below the 1961 to 1990 average.

How to plan for flooding
If you could be cut off by floodwaters, make preparations. ABC Emergency has put together a list of things you should do if you are affected. Read more

Mr Grainger said a negative IOD influenced rainfall patterns.

"We did get slightly above-average rainfall over parts of eastern Australia," he said.
"Negative IODs tend to bring increased winter and spring rainfall over eastern southern Australia."
Mr Grainger said the wet weather was greatest in June and July, but less so in August.

"There was a little bit of a weakening in the IOD conditions in August, and certainly compared to 2016, which was one of the strongest negative IODs on record and one of the wettest winters," he said.

"We just haven't seen anything anywhere near as strong nor as wet."

Rainfall for winter was 5 per cent below the 1961–1990 average, but was still the highest since 1996. (Supplied: BOM)

Wet in the south-west

Mr Grainger said the south-west of Western Australia had a "good old-fashioned wet winter" this year, after a string of dry years. 

"July rainfall in the south-west was 50 per cent above the 1961 to 1990 year average," he said.

"And for that part of the country, it was the wettest July since 1996."

A young girl stands in a flooded backyard in Mundaring, WA after big rains in July. (Supplied: Ash Lee)

While July's rain meant the winter rainfall for WA's south-west was slightly above average, that's actually only been the fourth time winter rain in the area has been above average since 2000.

The BOM said there has been a decline of about 16 per cent in April to October rainfall in the south-west of Australia since 1970.

Across the same region, May to July rainfall has seen the largest decrease, by about 20 per cent since 1970.

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(AU RenewEconomy) Australia Sets New Records For Highest Renewables Share And Lowest Coal Output

RenewEconomy - 


Australia’s clean energy transition continues apace with new records being set for the highest share of renewable energy generation, and the lowest output for coal generators.

The new benchmarks were spotted by analyst Dylan McConnell from the Climate and Energy College, using the data from the OpenNEM resource.

They show a new record high share of renewables on Australia’s main grid for a weekday when the combined output of solar, wind and hydro reached 56.2 per cent just before 2pm on Thursday.

This is just short of the 57.1 per cent renewables share reached last Saturday, but the significance is that weekdays generally have higher demand as more industry is operating, so it’s a milestone worth recording.

Source: OpenNEM

Along similar lines, the output of brown coal fell to a weekday low of 2147MW, down 300MW from its previous nadir in August, 2020, although it was also above the weekend low of 1908MW, also set last weekend.

 And the combined output of coal (both the really dirty brown coal generation and the dirty black coal generation) also fell to a new weekday low of 9,937MW, which McConnell notes is a full gigawatt lower than the previous nadir.

Source: OpenNEM

What’s the significance of all this?

They highlight the continuing and accelerating transition from highly polluting “baseload” fossil fuels to cleaner but variable renewable sources such as wind and solar.

The Australian Energy Market Operator has forecast that rooftop solar alone will be meeting up to 76 per cent of demand on Australia’s main grid within five years, which means that coal generators will have to learn to ramp production up or down, or switch off altogether.

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(Voice of America) Air Quality, Climate Change Closely Linked

Voice of America - Lisa Schlein

The sun, muted by smoke, is visible in Portland, Ore., Sept. 5, 2017. Dozens of fires across the Western U.S. and Canada blanketed the air with choking smoke from Oregon to Colorado, where health officials issued air quality alerts.

GENEVA - In the first report of its kind, the World Meteorological Organization examines the close link between air quality and climate change and how measures stemming from COVID-19 influenced air quality patterns in 2020.

Government-imposed lockdown measures and travel restrictions to control the spread of COVID-19 resulted in a marked improvement in air quality in many parts of the world.

For example, the WMO said Southeast Asia experienced a 40% reduction in air particles in 2020.

However, the chief of the WMO’s Atmospheric Environment Research Division, Oksana Tarasova, said the dramatic fall in emissions of key air pollutants was short-lived.

She said city dwellers who reveled in seeing blue skies during periods of lockdown inactivity, had to again endure living under a pollution cloud once the cars started rolling again.

WMO Chief of atmospheric and environment research division Oksana Tarasova attends a press conference Nov. 25, 2019 in Geneva.
“As soon as mobility has increased, we are back to business as usual," Tarasova said.

"So, those improvements were not very long lasting. And that is why we always stress that the extreme measures which were taken under lockdown is not a substitute for long term policies.”

During this same period, the WMO said extreme weather events fueled by climate and environmental change triggered unprecedented sand and dust storms and wildfires that affected air quality.

In parallel with the human-induced experiment on lockdowns and travel restrictions, Tarasova said those, and other natural phenomena also were controlling air quality around the world.

“There were several very strong events that happened in 2020 related to bio-mass burning where the smoke pollution from this burning bio-mass impacted air quality in large parts of Siberia, the United States," Tarasova said.

"Early in the year, there was an episode in Australia that caused dramatic deterioration of air quality in those parts of the world.”

Smoke from wildfires is seen east of Hobart in the Australian island state of Tasmania Jan. 4, 2013.

The episode Tarasova refers is to Australian wildfires.

The WMO says changes in climate can influence pollution levels directly.

It says the increased frequency and intensity of heatwaves may lead to greater accumulation of pollutants close to the surface. It notes the intense wildfires breaking out in many parts of the world and huge dust and sandstorms also worsen air pollution.

The weather agency warns air pollution has significant impacts on human health. That is borne out by estimates from the latest Global Burden of Disease assessment.

The data show global mortality from pollution nearly doubled from 2.3 million in 1990 to 4.5 million in 2019 — most due to particulate matter.

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04/09/2021

(AU ABC) US President Joe Biden Says Hurricane Ida, Wildfires Show Climate Crisis Has Arrived

ABC News - AP | Reuters

The United States needs to be better prepared for climate change, President Joe Biden says. (AP: Evan Vucci)

Key Points
  • July 2021 was the hottest month on record in the United States
  • Hurricane Ida was one of the most powerful storms to ever hit the US
  • More than 40 people have lost their lives in the catastrophe
Devastation from Hurricane Ida and wildfires blazing across the United States are deadly reminders that the "climate crisis" has arrived, US President Joe Biden said.

"These extreme storms, and the climate crisis, are here," Mr Biden said in a White House speech.
"We must be better prepared. We need to act."
Scientists say climate change increases the frequency of extreme weather events such as large tropical storms as well as the droughts and heatwaves that create conditions for vast wildfires. 

Hurricane Ida has wrought havoc across much of the United States. (AP: Matt Rourke)

US weather officials recently reported that July 2021 was the hottest month ever recorded in 142 years of record-keeping.

IPCC report and Australia


Ida was the fifth-most powerful storm to strike the US when it hit Louisiana on Sunday (local time) with maximum winds of 240 kph, likely causing tens of billions of dollars in flood, wind and other damage, including to the electrical grid.

The storm's remnants dropped devastating rainfall across parts of Maryland, Pennsylvania, New York and New Jersey on Wednesday, causing significant disruption to major population centres.


"The suddenness, the brutality of storms now, it is different," said New York City Mayor Bill de Blasio.
Ida causes severe flooding in NY streets, apartments and subway

Ida was "the biggest wake-up call" that the US needs to do more to fight climate change, he said.

The storm has killed more than 40 people in northeastern US states and states on the Gulf of Mexico.

More than 1 million homes and businesses in Louisiana and Mississippi remained without power after Ida toppled a major transmission tower and knocked out thousands of miles of lines and hundreds of substations.

Ida was the fifth most powerful storm to ever hit the US. (AP: David J. Phillip)

Around 600,000 people had no water and another 400,000 were advised to boil their tap water before drinking it, Louisiana Governor John Bel Edwards said.

The US National Guard has been deployed to a number of states. (AP)
Mr Biden said the flooding in Louisiana was less than the region experienced 16 years ago during Hurricane Katrina, crediting federal investments in the area's levee system.

"We know that there is much to be done in this response on our part," Mr Biden added.

"We need to get power restored. We need to get more food, fuel and water deployed."

He said he was receiving hourly updates on the disaster response and outlined efforts by the federal government to ease recovery efforts.

Scientists say climate change increases the severity of wildfires. (AP: Jae C Hong)

More than 6,000 National Guard members had been activated in Louisiana, Mississippi, Alabama, Texas and other US states to support search and recovery efforts, he said.

Mr Biden said separately that the Pentagon was assisting with ongoing firefighting operations in California against the so-called Caldor fire, which spanned more than 850 square kilometres and threatened at least 33,000 more homes and structures on Thursday (local time).

California has experienced increasingly larger and deadlier wildfires in recent years as climate change has made the US west much warmer and drier over the past 30 years.

No deaths have been reported so far this US fire season.

Are US authorities better equipped to handle Hurricane Ida since Hurricane Katrina?

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(AU The Guardian) Morrison Government Urged To Set Sector-Specific Emissions Reduction Target

The Guardian - 

Infrastructure Australia calls for policy certainty to kickstart investment and prevent taxpayers being saddled with stranded assets

A Hyundai charges at an EV charge station in Sydney. Infrastructure Australia says Australia’s transport sector should be prioritised for emissions reduction. Photograph: Brendon Thorne/Getty Images

Australia needs new vehicle and fuel emissions standards, and sector-specific emissions reduction plans, according to the country’s peak infrastructure advisory body.

In its 2021 plan, Infrastructure Australia has called on the Morrison government to provide policy certainty to kickstart investment in low-emissions technology and prevent saddling taxpayers with the cost of stranded high-emissions assets.

The plan lends weight to Josh Frydenberg’s warning that managing carbon risk is now a major preoccupation in global capital markets as the Morrison government mulls what commitments it will take to the Cop26 summit in Glasgow later this year.

‘Get on with it’: Australia already has low-carbon technology and Coalition should embrace it, scientists say.  Read more
While Scott Morrison has signalled an intention to achieve net zero “as soon as possible, and preferably by 2050”, he is yet to win support for the aspiration from the Nationals, who are pushing for new coal power stations under the returned deputy prime minister, Barnaby Joyce.

The Infrastructure Australia report notes that the cost of natural disasters in Australia is projected to rise from $18.2bn to $39.3bn in 2050, arguing that we must improve infrastructure resilience and reduce emissions.

The report states the infrastructure sector accounts for about 70% of Australia’s emissions. Australia will need to develop “clean exports to remain a supplier of choice and protect and create jobs” as our top trading partners – Japan, China and South Korea – have committed to net zero emissions, it said.

Infrastructure Australia noted that Australian governments had “a common aspiration to net zero emissions” but noted “there are varied commitments and targets”.

It called for “short- and long-term emissions reduction pathways” and “long-term sector-specific plans that set interim emissions reduction targets”, to be led by the Department of Industry, Science, Energy and Resources.

Australia currently publishes annual projections of emissions by sector, but these are not a carbon budget limiting emissions in those sectors.

Infrastructure Australia noted Morrison’s approach of “technology not taxes” to achieve emissions reduction but said it would “need an emissions profile for each sector” and “further work on planning for the withdrawal of large carbon-intensive assets”.

The report said that worldwide $17.5tn of assets were at risk of becoming stranded and investors were “reducing their exposure to commodities, assets and services that contribute to the impact of climate change”.

It noted that investors were “moving rapidly to capitalise on opportunities associated with the transition to a low-carbon future and limit their exposure to climate and carbon risk”.

Failure to set industry targets could leave Australia “with the costs of stranded emissions-intensive infrastructure”. “This will hamper global competitiveness and increase emissions while burdening users and taxpayers with avoidable costs.”

The report said that “certainty, confidence and adequacy of policy settings” help manage risk and attract investment in low-emissions technology.

“As infrastructure can operate for 40–100 years, investments made today must consider a net zero future, including investing in technology that enables it,” the report said.

Infrastructure Australia recommended that the transport sector should “be prioritised for emissions abatement” given it was the fastest-growing source of emissions.

It noted that Australia had “more expensive and carbon-intensive” vehicles than other developed countries.

Australian greenhouse emissions down 5% in a year of Covid, but rebound expected.  Read more
“To reverse this situation, the Australian government must enact vehicle emissions standards and introduce a new carbon dioxide standard.

“In addition, current fuel efficiency standards should be revised. These standards are a low-cost, low-impact option to reduce emissions,” it said, noting this would also spur the uptake of electric vehicles.

EVs make up only 0.75% of new car sales in Australia, less than nearly all comparable countries, and it is one of the few nations without emissions or fuel efficiency standards for passenger cars.

The government announced plans for a national EV strategy in February 2019, before the last federal election. That was replaced last year with a broader approach that also covers hydrogen fuel-cell and biofuel-powered vehicles.

It has rejected introducing fuel efficiency standards, which would involve setting a target to lower the average emissions from the national vehicle fleet.

Infrastructure Australia said zero-emission vehicles were “in the best interests of users and taxpayers”, although it acknowledged work would be needed to prepare the grid for wider uptake.

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(USA NYT) Overlapping Disasters Expose Harsh Climate Reality: The U.S. Is Not Ready

New York Times - Christopher Flavelle | Anne Barnard | Brad Plumer | Michael Kimmelman

The deadly flooding in the Northeast, on the heels of destruction from Louisiana to California, shows the limits of adapting to climate change. Experts say it will only get worse.

A city bus was stranded in Queens early Thursday after floodwater poured into an underpass. The storm prompted the first-ever flash flood emergency alert in New York City. Credit...Dakota Santiago for The New York Times

In Louisiana and Mississippi, nearly one million people lack electricity and drinking water after a hurricane obliterated power lines. In California, wildfire menaces Lake Tahoe, forcing tens of thousands to flee.

In Tennessee, flash floods killed at least 20; hundreds more perished in a heat wave in the Northwest. And in New York City, 7 inches of rain fell in just hours Wednesday, drowning people in their basements.

Disasters cascading across the country this summer have exposed a harsh reality: The United States is not ready for the extreme weather that is now becoming frequent as a result of a warming planet.

“These events tell us we’re not prepared,” said Alice Hill, who oversaw planning for climate risks on the National Security Council during the Obama administration. “We have built our cities, our communities, to a climate that no longer exists.”

In remarks Thursday, President Biden acknowledged the challenge ahead.

“And to the country, the past few days of Hurricane Ida and the wildfires in the West and the unprecedented flash floods in New York and New Jersey is yet another reminder that these extreme storms and the climate crisis are here,” said Mr. Biden, who noted that a $1 trillion infrastructure bill pending in Congress includes some money to gird communities against disasters.

“We need to do — be better prepared. We need to act.”

San Marcos firefighters worked to save a burning cabin from the Caldor Fire in South Lake Tahoe earlier this week. Credit...Max Whittaker for The New York Times

The country faces two separate but interlaced problems, according to climate and resilience experts.

First, governments have not spent enough time and money to brace for climate shocks that have long been predicted: everything from maintaining and fortifying electrical lines and storm water systems to clearing forests of undergrowth in order to reduce the ferocity of wildfires.

“We’re feeling all the effects of that deferred maintenance,” said Kristina Dahl, a senior climate scientist at the Union of Concerned Scientists.

But there’s a second, more sobering lesson: There are limits to how much the country, and the world, can adapt. And if nations don’t do more to cut greenhouse gas emissions that are driving climate change, they may soon run up against the outer edges of resilience.

“If we already can’t cope with where we are, then there’s little hope that it’s going to improve in a warming climate,” Dr. Dahl said.

The country’s vulnerability in the face of extreme weather was punctuated by the downpour that flooded the country’s largest city. New York City has invested billions of dollars in storm protection since Hurricane Sandy in 2012, investments that seemed to do little to blunt the impact of the deluge.

Rain poured down in furious torrents, turning the subway system into a kind of flume ride. Central Park recorded 7.19 inches of rain, nearly double the previous record set in 1927 for the same date, according to the National Weather Service, which issued the city’s first-ever flash flood emergency alert.

Ahead of the storm, city and state officials activated preparation plans: clearing drains, erecting flood barriers in the subway and other sensitive areas, warning the public. But the rainfall dumped more water, and faster, than what city factored into its new storm water maps as an “extreme” flood event.

The pattern of damage reflects the relationship between climate exposure and racial inequality: impacts were more apparent in low-income communities of color, which, because of historic inequalities, are more prone to flooding, receive less maintenance from city services, and frequently experience lax housing code enforcement.

Most of those killed in New York City drowned when floodwaters rushed into their basement apartments. Many such apartments do not meet safety requirements, but have proliferated as affordable housing for the working poor and undocumented immigrants who may fear complaining to authorities about safety violations.

In one case, Tara Ramskriet, 43, and her son Nick, 22, drowned when water filled their basement apartment in the Hollis section of Queens so quickly family members could not pull them out against the flow and a wall collapsed, trapping them inside.

Neighbors were outraged, saying it took fatalities to bring city inspectors to the scene.

“This happens all the time,” said Jennifer Mooklal, 33, who lives across the street from the Ramskriets. “Even if it’s just rain, our basement gets flooded. We’ve been dealing with this problem for years and have been asking the city but no one is listening to us.”

Damage from extreme weather, and threats to human life, will only increase as the planet warms. For every 1.8 degrees Fahrenheit of global warming, the atmosphere holds about 7 percent more moisture, scientists have found. That means much heavier rainfall when storms do occur.

A mother and her young child were killed early Thursday morning inside the basement of 90-11 183rd St. in Queens after flash flooding caused by the torrential rain from Hurricane Ida caused the foundation to collapse. Credit...Gregg Vigliotti for The New York Times

Across the continental United States, the heaviest downpours have become more frequent and severe, according to the federal government’s National Climate Assessment. The Northeast has seen 50 percent more rainfall during the heaviest storms compared with the first half of the 20th century.

New York City is particularly vulnerable to flooding. Three-fourths of the city is covered by impervious surfaces like asphalt, which means runoff is channeled into streets and sewers rather than being absorbed by the ground.

And the city’s century-old subway system was not designed for a warming climate. Even on dry days, a network of pumps pours out 14 million gallons of water from its tunnels and stations. Heavy rains can overwhelm the system, as they did on Wednesday.

The Metropolitan Transportation Authority has invested $2.6 billion in resiliency projects since Hurricane Sandy inundated the city’s subways in 2012, including fortifying 3,500 subway vents, staircases and elevator shafts against flooding. Still, this week’s flash floods showed that the system remains vulnerable.

One reason is that city and federal officials focused on protecting against the kind of coastal storm surge that Sandy wrought, according to Amy Chester, managing director of Rebuild by Design, a nonprofit group that works on climate resilience.

But in the case of Hurricane Ida, the main threat was rainwater flowing downhill, not storm surge pushing in from the coast. So much water fell that it overwhelmed storm drains, overflowed riverbanks and poured into basements, from the hilly parts of Manhattan’s Washington Heights to the inland flats of Jamaica in Queens.

The investments that protect against storm surge differ from those that guard against extreme rain, Ms. Chester said.

Coping with severe rainfall means more places to absorb and hold water, whether that’s so-called green solutions like parks, or traditional structures like underground retention tanks. And it means increasing the capacity of the sewer system to handle a greater volume of water.

Because New York has mostly been spared the type of severe rainfall that occurred Wednesday, officials have made it less of a priority.

Other countries have heeded the warnings of climate scientists and acted.

In the Netherlands, where much of the country lies below sea level, the government strengthened flood design standards and in 2007 created a program called Room for the River, which in essence authorized the wholesale redesign and rebuilding of dozens of vulnerable watersheds around cities like Amsterdam and Rotterdam. The goal was to prepare for the sort of one-in-10,000-year floods that Dutch scientists were warning might become more frequent.

In that country, government water boards have the ultimate authority over land use. If they determine an area is needed for flood protection, its residents must move.

Specific taxes are dedicated to water management. There is no national flood insurance program for residents in flood zones in the Netherlands because, the Dutch argue, the government’s job is to protect people from floods, not help homeowners rebuild in areas vulnerable to damage.

Among other things, Room for the River created dozens of new parks, enhancing underserved neighborhoods, resettling populations living in flood zones into new homes out of harm’s way, and girding the nation’s economy in the process.

A man sweeps floodwaters out of a building due to the remnants of Hurricane Ida in Millburn, N.J., on Thursday, September 2, 2021. Credit...Bryan Anselm for The New York Times

It’s a different story in the United States, where efforts to adapt and mitigate American cities for severe storms and rising seas have been plodding.

There are many reasons: Government’s reluctance to impose on private property, a legacy of racial and economic injustice, and a system of governance and regulation that often moves far slower than the hastening pace of climate change.

Jainey Bavishi, director of the New York City’s Mayor’s Office of Resiliency, said the city has spent more than $20 billion on resilience since Sandy and that work also includes some protections against extreme rainfall in addition to storm surge.

The city is about to break ground on a storm water retention system in Queens. And various other programs have been created to soak up more rainfall: incentives to cover roofs and traffic medians with grass, rain gardens and other more permeable surfaces to slow down and absorb rainwater.

The city’s Department of Environmental Protection, which handles drainage and sewage, has been quietly working on upgrades for the system, improving and widening the catchment basins under storm grates, designing systems to separate storm water runoff from sewage, and even rushing out before storms to unclog drains.

But storm water upgrades for the entire city amount to a massive, multiyear and multibillion-dollar project. It hasn’t attracted federal attention and support, particularly under former President Donald J. Trump when climate change preparation was not a priority. So far, officials have upgraded the storm water capacity of just a fraction of the city.

The rules that govern federal disaster money have also complicated the city’s efforts to deal with extreme rain. Of the $20 billion that New York City has spent on resilience since Sandy, $15 billion came from the federal government, and much of that money had to be linked to Sandy, which meant focusing on storm surge and sea-level rise, Ms. Bavishi said.

“We know that intense precipitation is a risk,” she said. “Last night’s storm underscored that cities need access to proactive federal funding to get this work done.”

Even with the right projects designed and funding in hand, climate change is outpacing the speed at which American communities can fortify themselves.

“It’s happening faster than we’ve anticipated,” said Dr. Dahl of the Union of Concerned Scientists, who is 43. “I didn’t expect all of this to happen at this point in my lifetime.”

Christopher Flavelle focuses on how people, governments and industries try to cope with the effects of global warming. He received a 2018 National Press Foundation award for coverage of the federal government's struggles to deal with flooding.

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03/09/2021

(AU AFR) CBA Sued In Climate Lawfare First

AFR - Hannah Wootton

A Commonwealth Bank shareholder is taking the company to court to gain access to documents detailing its decision to finance oil and gas projects despite their potential to breach the Paris Agreement goals, in an action that could signal a new wave of climate change litigation.

The Federal Court case is a first for climate lawfare in Australia, with the head of the University of Melbourne’s Climate Futures Initiative, Jacqueline Peel, warning it could provide “a new avenue” for shareholders seeking to hold companies to account for their environmental commitments.

An oil field in the Permian Basin in Texas – CBA is facing legal action related to its decision to finance pipelines to carry natural gas from the site. 

It comes just weeks after CBA released an updated climate plan that was criticised for back-pedalling on commitments to limit climate change in line with the goals of the Paris Agreement for all investments to instead only apply to project finance.

The shareholder, Guy Abrahams, is seeking to inspect “all documents created by [CBA] in relation to CBA’s gas projects and CBA’s fossil fuel projects” for the purpose of complying with its environmental and social framework.

He specifically points to the Permian Highway Pipeline project to carry natural gas in the US, Gaslog and FLEX LNG’s new LNG vessels, Energy Infrastructure Investments’ Tipton West coal seam gas project, Siccar Point’s Cambo oil field development, Euronav NV’s crude carriers, and Santos’ acquisition of the Barossa Gas Field.

He wants any documents related to the bank’s assessment of the environmental, social and economic consequences of these projects and whether they are in line with the Paris Agreement goals.

The role of CBA’s directors is also under his scrutiny, as Mr Abrahams is also demanding access to “without limitation, any documents provided to [CBA’s] board” about the adoption of its 2021 climate plan.

Equity Generation Lawyers, the legal firm behind strategic climate actions such as the Rest and Sharma cases, is bringing the case on behalf of Mr Abrahams, who also settled a case against CBA in 2017 alleging it failed to disclose climate risks in its 2016 annual report.

New form of climate litigation

While shareholders’ power to inspect books has been subject to prior cases, it has not yet been used in one related to environmental concerns.

But Professor Peel said that if the application was successful, it could create a new form of climate litigation in Australian courts.

“If you get the information and it shows that there’s a difference between what they [the company] say they’re doing and what they’re actually doing, that potentially would be grounds for a case for breaching directors’ duties or misleading and deceptive conduct, or both,” Professor Peel said.

“You would imagine that lots of banks that currently have these kinds of commitments in place and shareholders are increasingly interested in whether the companies they’re invested in are carrying out their climate commitments.

“This could be a new avenue for shareholders to assert their rights and see whether the companies are meeting those.”

Professor Peel said targeting the institutions financing fossil fuel projects was part of a broader move in climate litigation to target the businesses and individuals sitting behind the companies directly involved.

“Looking at the broader context [in which] this case is happening, there’s an accountability spread to a lot of the [climate] litigation we’re seeing,” she said.

“And if financing is key to these projects going ahead, then it’s bringing that accountability back to the financiers.”

While financing some oil and gas projects was often seen as compatible with meeting the Paris targets five years ago, with only coal blacklisted, new climate modelling suggests that this is no longer the case.

But to be successful, the Abrahams case will need to convince the court that its application stems from a genuine exercise of shareholder rights and not for “an improper purpose”.

The courts have rejected similar applications before after deciding they were actually attempts to get documents to help develop class action claims, for example.

“That means [Mr Abrahams or other shareholders] need to show they are worried about the value of their shares going down because of something the company may or may not be doing,” Professor Peel said.

“It can’t be for an improper purpose such as getting information for further litigation.”

A CBA spokesman declined to comment on the case while it was before the court but said the bank was committed to helping meet the Paris targets.

“On 11 August 2021 we released our Annual Report and our updated Environmental and Social Framework, which include a considered plan for managing both the risks and opportunities of climate change,” he said.

“We are committed to playing our part in limiting climate change in line with the goals of the Paris Agreement and supporting the transition to net zero emissions by 2050.”

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Lethal Heating is a citizens' initiative