23/03/2017

Trump Lays Plans To Reverse Obama’s Climate Change Legacy

New York Times



A coal-fired power plant in Ghent, Ky. President Trump is expected to order a withdrawal and rewriting of Obama-era regulations intended to shut down hundreds of heavily polluting coal-fired plants. Credit Luke Sharrett for The New York Times
WASHINGTON — President Trump is poised in the coming days to announce his plans to dismantle the centerpiece of President Barack Obama’s climate change legacy, while also gutting several smaller but significant policies aimed at curbing global warming.
The moves are intended to send an unmistakable signal to the nation and the world that Mr. Trump intends to follow through on his campaign vows to rip apart every element of what the president has called Mr. Obama’s “stupid” policies to address climate change. The timing and exact form of the announcement remain unsettled, however.
The executive actions will follow the White House’s release last week of a proposed budget that would eliminate climate change research and prevention programs across the federal government and slash the Environmental Protection Agency’s budget by 31 percent, more than any other agency. Mr. Trump also announced last week that he had ordered Scott Pruitt, the E.P.A. administrator, to revise the agency’s stringent standards on planet-warming tailpipe pollution from vehicles, another of Mr. Obama’s key climate change policies.
While the White House is not expected to explicitly say the United States is withdrawing from the 2015 Paris Agreement on climate change, and people familiar with the White House deliberations say Mr. Trump has not decided whether to do so, the policy reversals would make it virtually impossible to meet the emissions reduction goals set by the Obama administration under the international agreement.
In an announcement that could come as soon as Thursday or as late as next month, according to people familiar with the White House’s planning, Mr. Trump will order Mr. Pruitt to withdraw and rewrite a set of Obama-era regulations known as the Clean Power Plan, according to a draft document obtained by The New York Times. The Obama rule was devised to shut down hundreds of heavily polluting coal-fired power plants and freeze construction of new coal plants, while replacing them with vast wind and solar farms.
The draft also lays out options for legally blocking or weakening about a half-dozen additional Obama-era executive orders and policies on climate change.
At a campaign-style rally on Monday in the coal-mining state of Kentucky, Mr. Trump told a cheering audience that he is preparing an executive action that would “save our wonderful coal miners from continuing to be put out of work.”
Experts in environmental law say it will not be possible for Mr. Trump to quickly or simply roll back the most substantive elements of Mr. Obama’s climate change regulations, noting that the process presents a steep legal challenge that could take many years and is likely to end up before the Supreme Court. Economists are skeptical that a rollback of the rules would restore lost coal jobs because the demand for coal has been steadily shrinking for years.
Scientists and climate policy advocates around the world say they are watching the administration’s global warming actions and statements with deep worry. Many reacted with deep concern to Mr. Pruitt’s remarks this month that he did not believe carbon dioxide was a primary driver of climate change, a statement at odds with the global scientific consensus. They also noted the remarks last week by Mick Mulvaney, the director of the White House Office of Management and Budget, in justifying Mr. Trump’s proposed cuts to climate change research programs.
“As to climate change, I think the president was fairly straightforward: We’re not spending money on that anymore,” Mr. Mulvaney said at a White House briefing.
“The message they are sending to the rest of the world is that they don’t believe climate change is serious. It’s shocking to see such a degree of ignorance from the United States,” said Mario J. Molina, a Nobel Prize-winning scientist from Mexico who advises nations on climate change policy.
The policy reversals also signal that Mr. Trump has no intention of following through on Mr. Obama’s formal pledges under the Paris accord, under which nearly every country in the world submitted plans detailing actions to limit global warming over the coming decade.
Under the accord as it stands, the United States has pledged to reduce its greenhouse pollution about 26 percent from 2005 levels by 2025. That can be achieved only if the United States not only implements the Clean Power Plan and tailpipe-pollution rules, but also tightens them or adds more policies in future years.
“The message clearly is, ‘We won’t do what the United States has promised to do,’” Mr. Molina said.
In addition to directing Mr. Pruitt to withdraw the Clean Power Plan, the draft order instructs Attorney General Jeff Sessions to request that a federal court halt consideration of a 28-state lawsuit against the regulation. The case was argued before the United States Court of Appeals for the District of Columbia Circuit in September, and the court is expected to release a decision in the coming months on whether to uphold or strike down the rule.
According to the draft, Mr. Trump is also expected to announce that he will lift a moratorium on new coal mining leases on public lands that had been announced last year by the Obama administration.
He is also expected to order White House economists to revisit an Obama-era budgeting metric known as the social cost of carbon. Economists and policy makers used the metric to place a dollar cost on the economic impact of planet-warming carbon dioxide pollution: about $36 per ton. That measure formed the Obama administration’s economic justification for issuing climate change regulations that would harm some industries, such as coal mining, noting that those costs would be outweighed by the economic benefits of preventing billions of tons of planet-warming pollution.
Eliminating or lowering the social cost of carbon could provide the Trump administration the economic justification for putting forth less-stringent regulations.
The draft order would also rescind an executive order by Mr. Obama that all federal agencies take climate change into account when considering any form of environmental permitting.
Unlike the rollback of the power plant and vehicle regulations, which could take years and will be subject to legal challenges, Mr. Trump can make the changes to the coal mining ban and undo Mr. Obama’s executive orders with the stroke of a pen.
White House staff members and energy lobbyists who work closely with them say they have been expecting Mr. Trump to make the climate change announcements for weeks, ever since Mr. Pruitt was confirmed to head the E.P.A. on Feb. 17, but the announcement has been repeatedly rescheduled. The delays of the one-page announcement have largely been a result of disorganization and a chaotic policy and planning process, said people familiar with that process who asked to speak anonymously to avoid angering Mr. Trump.
One reason for the confusion, these people said, is internal disputes about the challenging legal process required to dismantle the Clean Power Plan. While Mr. Trump may announce with great fanfare his intent to roll back the regulations, the legal steps required to fulfill that announcement are lengthy and the outcome uncertain.
“Trump’s announcements have zero impact,” said Richard J. Lazarus, a professor of environmental law at Harvard. “They don’t change existing law at all.”
Much of that task will now fall to Mr. Pruitt.
“To undo the rule, the E.P.A. will now have to follow the same procedure that was followed to put the regulations in place,” said Mr. Lazarus, pointing to a multiyear process of proposing draft rules, gathering public comment and forming a legal defense against an expected barrage of lawsuits almost certain to end up before the Supreme Court.

Links

Aussie Kids Are Worried About Our Planet, And They Want To Take Action

MamaMiaRachel Curtis

Aussie kids are worried about the planet, according to new research.
WWF-Australia says six out of 10 kids – aged between seven and 12 years old – are concerned about one or more environmental issues.
In a study of 500 children, some ranked environmental worries over terrorism (23 per cent) and nearly a third (30 per cent) were concerned about loss of animal species.
Almost seven out of 10 kids said it was “very important” for people do something to protect the environment.
“I have lots of good ideas about how kids can make a difference. From not wasting food, to walking to school, to turning off lights, to buying food from local markets,” says Lily, 10, from Adelaide.
A view on the environment from Harriet Darvall (10). Image supplied.
"All of these small actions can make a big difference if they are added up over a year."
The results of the study come just ahead of the 10th anniversary of the lights-out event, Earth Hour, which is set to be held on March 25.
WWF-Australia a is calling on children and adults to turn off their lights at 8.30pm as a symbol of support for a low pollution, clean energy future for all generations.
“We want our children to have a bright future," said WWF-Australia's CEO, Dermot O’Gorman.
"That’s why we need to tackle global warming and take advantage of the affordable, abundant renewable energy opportunities we have in Australia," he added.


Indigo Kohn, 10, who was born the year the call-to-action started, said he wanted to stop climate change because it's "killing everything that is nice".
"The world's just going to become bleak and boring if we don't stop it," he told WWF-Australia.
Ten-year-old Saskia said we could end up with "a really bad earth" if steps weren't taken toward stopping climate change.
"I think everyone needs to help and take a step to caring," she said.
Beau Backes, 10, says he's committed to the lights-off action event.
"Small things can make a big difference, so just an hour can make a difference," he said.

Links

22/03/2017

The Age Of Consequences

ABC Four Corners - PBS International | Jared P Scott

"We are not your traditional environmentalists." Gen. Gordon Sullivan (Retd), Fmr. Chief of Staff, U.S. Army 

VIDEO
ABC Four Corners iview
The Age of Consequences
PBS International, Jared P Scott
Available until 9:18pm
19 Apr 2017
Four Corners brings you the views of distinguished former members of the US military and senior policy makers who warn that climate change is not only real, it's a threat to global security.
"I'm here today not only representing my views on security implications of climate change, but on the collective wisdom of 16 admirals and generals."
Rear Admiral David Titley (Retd), U.S. Navy
They say climate change is impacting on vital resources, migration patterns and conflict zones.
"Climate change is one of the variables that must be considered when thinking about instability in the world."
Gen. Gordon Sullivan (Retd), Fmr. Chief of Staff, U.S. Army
Rear Admiral David Titley spent 32 years in the US military. He was the US Navy's chief oceanographer and led the Navy's Task Force on Climate Change. He argues climate change must be acknowledged.
"Our collective bottom line judgement is that climate change is an accelerating risk to our nation's future."
Rear Admiral David Titley (Retd), U.S. Navy
The film analyses the conflict in Syria, the social unrest of the Arab Spring, and the rise of groups like ISIS and how these experts believe climate change is already acting as a catalyst for conflict.
"This is the heart of the problem in many ways. Climate change arrives in a world that has already been destabilised."
Dr Christian Parenti
Director Jared P Scott explores how water and food shortages, drought, extreme weather and rising sea-levels can act as accelerants of instability.
"We realised that climate change would be a threat multiplier for instability as people become desperate, because they have extreme weather and the seas are rising, and there are floods in one area and droughts in another, fragile states become more unpredictable."
Sherri Goodman, Fmr. Dept Undersecretary of Defense
These Pentagon insiders say a failure to tackle climate change, conducting 'business as usual', would lead to profound consequences.
"It's a very dangerous thing to decide that there is one and only one line of events heading into the future and one and only one best response for dealing with that."
Leon Fuerth, Fmr. National Security Adviser, White House '93-'01

Related Reports

CNA Military Advisory Board | National Security and the Accelerating Risks of Climate Change | May 2014 - Seven years later, the Military Advisory Board has gathered again to re-examine the nexus of projected climate change and national security. The update serves as a bipartisan call to action. It makes a compelling case that climate change is no longer a future threat - it is taking place now.

CNA Military Advisory Board | National Security and the Threat of Climate Change | April 2007 - Climate change can act as a threat multiplier for instability in some of the most volatile regions of the world, and it presents significant national security challenges for the United States. Accordingly, it is appropriate to start now to help mitigate the severity of some of these emergent challenges.

Be Prepared: Climate Change, Security and Australia's Defence Force | The Climate Council | 22 Sep 2015 - The report reveals Australia is lagging behind its UK and US allies in preparing its militaries for climate change, with Australian Defence Force resources already under strain from the increased need for humanitarian assistance in response to climate-induced disasters. By Admiral Chris Barrie (Ret.) and Will Steffen.

Chronology of Climate and Security Risks | The Center for Climate & Security | 2016 - The Climate Security Chronology lists significant policy documents, reports and events by year.

The longest conflict: Australia's climate security challenge | Centre for Policy Development | Jun 2015 - Report launched by Rear Admiral Neil Morisetti, former UK Government Climate & Energy Security Envoy, and Admiral Chris Barrie, former Chief of the Australian Defence Force.

News Coverage
Trump's Defense Secretary Cites Climate Change as National Security Challenge | Pro Publica | March 14, 2017 - James Mattis' unpublished testimony before a Senate panel recognizes a threat others in the administration reject or minimize.

House Republicans Buck Trump, Call for Climate Change Solutions | Newsweek | 3 Mar 2017 - Seventeen lawmakers sign on; sponsor says "many, many more" are interested.

Opinion: As global food demand rises, climate change is hitting our staple crops | The Conversation | 1 Mar 2017 - While increases in population and wealth will lift global demand for food by up to 70 per cent by 2050, agriculture is already feeling the effects of climate change. By Dr Andrew Borrell, University of Queensland.

Climate change could threaten entire financial system, APRA warns | ABC News | 17 Feb 2017 - Climate change could threaten the stability of the entire financial system, the prudential regulator has warned, as it prepares to apply climate change "stress tests" to the nation's financial institutions.

Military experts say climate change poses 'significant risk' to security | Guardian | 14 September 2016 - A coalition of 25 prominent members of US national security community warn that higher temperatures and rising seas will inundate bases and fuel conflict.

Meet The Woman Whose Two-Word Catchphrase Made the Military Care About Climate | BuzzFeed News | 30 Nov 2015 - Global warming poses a huge threat to U.S. national security. The military began to care about it a decade ago, largely thanks to Sherri Goodman and her wonky catchphrase.

Climate change is a major security threat but old and bold don't get it | News.com.au | 28 Oct 2015 - Climate change was a 'sleeper issue' for ageing defence brass because potential security impacts were 20 to 30 years away according to former Chief of Defence retired Admiral Chris Barrie.

Links & Social
ABC Environment | @ABCenvironment - A compendium of all the environment news and issues from ABC Australia.

American Security | @amsecproject - ASP is a non-profit, non-partisan research organisation dedicated to fostering honest, public knowledge and understanding of national security issues.

Climate Council | @climatecouncil - Providing Australians with a reliable source of information on climate science, headed by Chief Councillor Tim Flannery.

The Center for Climate and Security (US) | @CntrClimSec - A non-partisan security and foreign policy institute with a distinguished Advisory Board of military, security and foreign policy experts, envisions a climate-resilient international security landscape.

Climate Desk | @ClimateDesk - A journalistic collaboration dedicated to exploring the impact-human, environmental, economic, political-of a changing climate.

World Resources | @WorldResources - Global research organisation that turns big ideas into action at the nexus of environment, economic opportunity and human well-being. 

Record-Breaking Climate Change Pushes World Into ‘Uncharted Territory’

The Guardian

Earth is a planet in upheaval, say scientists, as the World Meteorological Organisation publishes analysis of recent heat highs and ice lows
A boat lies in the dry Cedro reservoir in Quixadá, Brazil. Climate change increases the risk of extreme weather events like drought. Photograph: Evaristo Sa/AFP/Getty Images
The record-breaking heat that made 2016 the hottest year ever recorded has continued into 2017, pushing the world into “truly uncharted territory”, according to the World Meteorological Organisation.
The WMO’s assessment of the climate in 2016, published on Tuesday, reports unprecedented heat across the globe, exceptionally low ice at both poles and surging sea-level rise.
Global warming is largely being driven by emissions from human activities, but a strong El Niño – a natural climate cycle – added to the heat in 2016. The El Niño is now waning, but the extremes continue to be seen, with temperature records tumbling in the US in February and polar heatwaves pushing ice cover to new lows.
“Even without a strong El Niño in 2017, we are seeing other remarkable changes across the planet that are challenging the limits of our understanding of the climate system. We are now in truly uncharted territory,” said David Carlson, director of the WMO’s world climate research programme.
“Earth is a planet in upheaval due to human-caused changes in the atmosphere,” said Jeffrey Kargel, a glaciologist at the University of Arizona in the US. “In general, drastically changing conditions do not help civilisation, which thrives on stability.”
The WMO report was “startling”, said Prof David Reay, an emissions expert at the University of Edinburgh: “The need for concerted action on climate change has never been so stark nor the stakes so high.”
The new WMO assessment also prompted some scientists to criticise Donald Trump. “While the data show an ever increasing impact of human activities on the climate system, the Trump administration and senior Republicans in Congress continue to bury their heads in the sand,” said Prof Sir Robert Watson, a distinguished climate scientist at the UK’s University of East Anglia and a former head of the UN’s climate science panel.
“Our children and grandchildren will look back on the climate deniers and ask how they could have sacrificed the planet for the sake of cheap fossil fuel energy, when the cost of inaction exceeds the cost of a transition to a low-carbon economy,” Watson said.
Trump is aiming to cut climate change research. But the WMO’s secretary-general Petteri Taalas said: “Continued investment in climate research and observations is vital if our scientific knowledge is to keep pace with the rapid rate of climate change.”
2016 saw the hottest global average among thermometer measurements stretching back to 1880. But scientific research indicates the world was last this warm about 115,000 years ago and that the planet has not experienced such high levels of carbon dioxide in the atmosphere for 4m years.
2017 has seen temperature records continue to tumble, in the US where February was exceptionally warm, and in Australia, where prolonged and extreme heat struck many states. The consequences have been particularly stark at the poles.
“Arctic ice conditions have been tracking at record low conditions since October, persisting for six consecutive months, something not seen before in the [four-decade] satellite data record,” said Prof Julienne Stroeve, at University College London in the UK. “Over in the southern hemisphere, the sea ice also broke new record lows in the seasonal maximum and minimum extents, leading to the least amount of global sea ice ever recorded.”
Eel grass grows in sediment at Lowell’s Cove, Maine, US. Sea-level rise has ruined this once rocky location. Photograph: Robert F Bukaty/AP
Emily Shuckburgh, at the British Antarctic Survey, said: “The Arctic may be remote, but changes that occur there directly affect us. The melting of the Greenland ice sheet is already contributing significantly to sea level rise, and new research is highlighting that the melting of Arctic sea ice can alter weather conditions across Europe, Asia and North America.”
Global sea level rise surged between November 2014 and February 2016, with the El Niño event helping the oceans rise by by 15mm. That jump would have take five years under the steady rise seen in recent decades, as ice caps melt and oceans get warmer and expand in volume. Final data for 2016 sea level rise have yet to be published.
Climate change harms people most directly by increasing the risk of extreme weather events and the WMO report states that these raised risks can increasingly be calculated. For example, the Arctic heatwaves are made tens of times more likely and the soaring temperatures seen in Australia in February were made twice as likely.
“With levels of carbon dioxide in the atmosphere consistently breaking new records, the influence of human activities on the climate system has become more and more evident,” said Taalas.

Links

Canberra Geologist Helps Advance Global Understanding Of Climate Change

Fairfax - Finbar O'Mallon

To find answers to one of the biggest issues facing the planet, University of Canberra geologist Duanne White travelled to one of its smallest, most inhospitable and isolated corners.
Associate professor White braved freezing temperatures and blizzards on the remote and tiny island of South Georgia in the South Atlantic ocean, collecting data on climate change.
He and his colleagues launched their final report in London on Friday, which showed ice sheets surrounding the island south-east of South America had shrunk faster than previously believed.
University of Canberra associate professor and geologist Duanne White at work on South Georgia in March 2013. Photo: Supplied
Mr White said ice sheets around South Georgia had shrunk to a tenth of its original size since the last ice age, likely as a result of our planet's warming climate.
He said it would help future projections on the change to ice sheets across the planet, helping model sea level rises as a result of climate change.
"It gives us some basic information about how sensitive marine based ice sheets are to ocean warming, and a much better idea for where the thresholds are for other sheets including the Antarctics," Mr White said.
Mr White said his two-week stint on South Georgia was like living in a zoo, with a huge population of fur seals, penguins and other polar and sub-polar animal life.
"I'd often be woken up at four in the morning as a baby seal would come out of the ocean and cry for its mum," Mr White said.
"It's quite the privilege being able to go to some quite remote places and to look at things that are interesting and important to the world and just plain amazing to see."
Icebergs west of South Georgia; Mr White said the report showed South Georgia's ice sheets were a tenth of their original size. Photo: Lidia Slucki
Mr White would take 'cosmogenic exposure dating samples', testing chunks of rock for isotopes created by cosmic radiation.
Seeing the amount of isotopes, like aluminium or beryllium, in the rock showed scientists how long ago the rock was covered by ice.
Mr White would be often woken up in the early hours of the morning by young seals, like this one, on South Georgia Island. 
"Basically as the ice sheet goes past the piece of bedrock it exposes that rock to cosmic rays and starts the clock," Mr White said.
"It really did rewrite our understanding of how the ice sheets on South Georgia have changed."
"The previous theory was they are more or less the same they are today."

Links

21/03/2017

'Biggest Case On The Planet' Pits Kids Vs. Climate Change

National Geographic - Laura Parker

A pioneering lawsuit against the U.S. government on global warming won the right to a trial. Now Trump wants an appeals court to cancel it.
These young people are among the group suing for the right to a stable climate. They are (left to right top) Aji Piper, Levi Draheim, Journey Zephier,  (left to right bottom) Jayden Foytlin, Miko Vergun, Nathan Baring.
Levi Draheim is a nine-year-old science geek. He founded an environmental club as a fourth grader and gives talks about climate change to audiences of grown-ups. His home is on a slender barrier island on Florida’s Atlantic coast, 21 miles south of Cape Canaveral and a five-minute walk from the beach. By mid-century, his sandy childhood playground could be submerged by rising seas. He will be just 42.
Nathan Baring is 17 and a high school junior in Fairbanks, Alaska—120 miles south of the Arctic Circle. He loves cold weather and skis. The Arctic is warming twice as fast as the rest of the planet. Now winter snows that Baring once celebrated as early as August in Fairbanks can hold off until November.
By 2050, Arctic sea ice will have virtually disappeared, and temperatures in the interior, surrounding Fairbanks, will have risen by an additional 2 to 4 degrees Fahrenheit, altering the boreal forest ecosystem. Nathan will be 50.
“I can deal with a few days of rain in February when it’s supposed to be 40 below,” he says. “But I can’t deal with the idea that what my parents experienced and what I have experienced will not exist for my children. I am a winter person. I won’t sit idly by and watch winter vanish.”
Baring and Draheim so lack confidence that they will inherit a healthy planet that they are suing the United States government for failing to adequately protect the Earth from the effects of climate change. They are among a group of 21 youths who claim the federal government’s promotion of fossil fuel production and its indifference to the risks posed by greenhouse gas emissions have resulted in “a dangerous destabilising climate system” that threatens the survival of future generations. That lapse violates, the court papers argue, their fundamental constitutional rights to life, liberty, and property. The lawsuit also argues that the government violated the public trust doctrine, a legal concept grounded in ancient law that holds the government is responsible for protecting public resources, such as land and water—or in this case, the climate system—for public use.
Plaintiff Nathan Baring, 17, is concerned about melting ice and warmer winters around his home in Fairbanks, Alaska. Photograph by Daniel Cronin (left). Photograph By Ed Kashi, VII, Redux (right).
The kids’ lawsuit was joined by acclaimed NASA climate scientist James Hansen, who began studying climate change in the 1970s and whose granddaughter, Sophie, is among the 21 young plaintiffs.
“In my opinion, this lawsuit is made necessary by the at-best schizophrenic, if not suicidal nature of U.S. climate and energy policy,” he told the court.
Last fall, U.S. District Court Judge Anne Aiken agreed with the youths’ claim. Her sweeping 54-page opinion laid the foundation for what looks to be a groundbreaking trial later this year. In her ruling, Aiken established, in effect, a new right for these children and teens: a right to expect they could live in a stable climate.
“I have no doubt that the right to a climate system capable of sustaining human life is fundamental to a free and ordered society,” Aiken wrote. “Just as marriage is the foundation of the family, a stable climate system is quite literally the foundation of society, without which there would be neither civilisation nor progress.”
She made clear that “this lawsuit is not about proving that climate change is happening or that human activity is driving it. For purposes of this motion, those facts are undisputed.”
And Aikens added: “Federal courts too often have been cautious and overly deferential in the arena of environmental law and the world has suffered for it.”
Miko Vergun, 16, is worried that her home country of the Marshall Islands is destined to slip beneath rising seas. Photograph by Andre Seale, VWPICS, Redux (Left). Photograph by Daniel Cronin (right).
Mary Wood, a University of Oregon environmental law professor who pioneered the concept that the atmosphere should be treated as part of the public trust, calls the lawsuit “the biggest case on the planet.”
“This claim challenges the government’s entire fossil-fuel philosophy. The whole thing,” Wood says. “The scientists, on the other hand, are saying if we continue on our path without drastic cuts in carbon dioxide emissions, we are going to leave a barren planet that will not support broad human survival. You could not get claims more grave than that.”

Two administrations (and industry) respond
The lawsuit originally was filed against the Obama administration, which sought to have the case dismissed because the courts are “ill-suited” to oversee “a phenomenon that spans the globe,” according to court papers.
“Climate change is a very serious problem,” Sean Duffy, a Justice Department lawyer told the court last September. “We do not question the science. Climate change threatens our environment and our ecosystems. It alters our climate systems, and it will only worsen over time. It is the result of man-made emissions. Now where (the parties) disagree is as to who determines how to address climate change in the first instance. Our position is that Congress and the Executive Branch should address climate change in the first instance and should do so by coordinating with other nations.”
Several groups representing the fossil-fuel industry, including the American Petroleum Institute, joined the lawsuit as intervenors, but disagreed “to the extent of climate change, to the emissions that cause it, and to other scientific principles,” Quin Sorenson, a lawyer representing the industry, argued in court.
Levi Draheim, 9, fears that his coastal Florida home will be inundated. Photograph by Daniel Cronin (left). Photograph by Karen Bleier, AFP, Getty Images (right).
The case could prove even more consequential with the change of administration because of President Trump’s efforts to roll back climate regulations put in place by his predecessor. Last week, the Trump administration shifted course on the case and asked that a federal appeals court review Judge Aiken’s decision to proceed to trial.
“Whatever happens next, this is a case to watch,” says Michael Burger, a Columbia University law professor and specialist in climate law. “It’s out there, ahead of the curve. And given the change in administration and President Trump’s views on climate change, this may be a potential hook to keep things moving along the climate change front. It may be the opening salvo in what will be an increasing number of lawsuits that take a rights-based approach to climate change in the United States.”

Building on history
In challenging the government’s role in climate change on constitutional grounds Julia Olson, the plaintiffs’ lead lawyer, harkens to the realm of historic Supreme Court cases that established new constitutional protections in situations when Congress failed to act. Those cases include the 1954 Brown v. Board of Education decision that banned segregation in public schools and the 2015 Obergefell v. Hodges decision that legalised same-sex marriage.
The climate change lawsuit makes essentially a straightforward request. It asks a federal judge to order the government to write a recovery plan to reduce carbon emissions to 350 parts per million by 2100 (down from 400 parts per million) and stabilise the climate system.
The courts are needed to step in, Olson argued, because the government has not—despite knowing for more than 50 years that the burning of fossil fuels causes global warming.
Olson first tuned in to the climate change threat when, eight months pregnant with her youngest child, she watched An Inconvenient Truth, former Vice President Al Gore’s 2006 Oscar-winning climate change documentary at her local moviehouse.
“There is something about carrying life inside your body that is transformative and gives you a different kind of perspective on the world,” she says.
She founded Our Children’s Trust, a nonprofit with a mission to protect children from climate change, and now serves as executive director. The trust is assisting in the case. Olson has also filed climate change lawsuits in each of the 50 states, which are proceeding separately. She has won cases in Washington, Massachusetts, and New Mexico.
Aji Piper, 16, of Seattle, believes the future belongs to the next generation. Photograph by Daniel Cronin (left). Photograph by George Rose, Getty Images (right).
Similar lawsuits, brought by other lawyers, are playing out in other nations, including Belgium and New Zealand, and have been won in Pakistan, Austria and South Africa. Last year, a Dutch court ordered the government to reduce carbon emissions by a quarter within the next five years.
Olson’s clients in the federal suit range in age from nine to 20. They are media savvy environmental activists who understand the power of connecting the future effects of climate change to the people who will have to live with them.
Kiran Oommen, 19, a student at Seattle University, says he joined the lawsuit because it gives voice to his generation.
“We have little or no representation in the government, yet the effects of climate change will affect us more than anyone else,” he says. “This is a way we can speak for ourselves and stand up for our future.”
Aji Piper, 16, is a high school student in Seattle who plants trees around the city and is an avid letter-writer to the state’s polluting industries. He adds: “Once you start involving children, people start listening more. My role in the case is to sit there in court.”
The climate kids, as the group is known, also are living the full menu of drought, deluge, heat, and extreme weather events that are rapidly becoming the unnerving norm. Not only has sea-level rise killed any long-term future Levi Draheim might have envisioned on Florida’s Space Coast, but he has to cope with toxic algae blooms like the outbreak that befouled beaches last July and monster storms, such as Hurricane Matthew, which barreled up the Florida coast last October and eroded away much of the sand on his beach.
Journey Zephier, 16, of Kauai is concerned about lasting impacts on the land and sea. Photograph by Deagostini, Getty Images (left). Photograph by Daniel Cronin (right).
Journey Zephier, 16, lives in Kauai, Hawaii, where ocean acidification is killing coral reefs and coastal fisheries. Miko Vergun, 16, who lives in the Portland, Oregon, suburb of Beaverton, fears she may never be able to visit her native Marshall Islands in the remote Pacific Ocean before they disappear beneath the swells. Tidal flooding, she says in court papers, is so frequent now that a fifth of the population has already moved away.
Last August, Jayden Foytlin, 13, awoke one morning to flood waters seeping into her bedroom in Rayne, Louisiana, as a rainstorm that lasted two weeks flooded more than 60,000 homes and killed 13 people. Foytlin’s home was soon awash in sewage. The Foytlins do not live in the flood plain, yet the raging waters destroyed their home and all of their belongings.
“This flood has been called a thousand-year event,” Foytlin told the court. “Yet within the last two years, I have read about eight ‘500-year’ events. In less than two years, there have been nine flood events that are not even supposed to happen in my lifetime. My family and I feel very vulnerable.”

Winning the war?
Despite winning a trial, prevailing ultimately remains an uphill climb. Columbia’s Burger says Judge Aiken’s unprecedented order that the case go to trial “is a great opinion for environmental law.”
But, he warns: “As it moves up on appeal and ultimately to the Supreme Court, the chances get less and less that that opinion survives in its current form.”
To date, courts have never recognised a constitutional right to even a natural environment free of pollutants, let alone to a stable climate.
After Judge Aiken ruled, proponents urged Obama to settle the case before Trump took office. Obama declined. The government also declined to ask for an appellate review of her order; government lawyers instead proceeded toward trial. Seven days before Trump was sworn in as president, government lawyers added a routine brief to the court file that may complicate the Trump administration’s effort to argue the science and halt the trial.
Jayden Foytlin, 13, of Rayne, Louisiana, is worried about the increasing frequency of devastating storms in her region, like the tornado that struck on March 6, 2011. Photograph by Gerald Herbert, AP (left). Photograph by Daniel Cronin (right).
In the brief, government lawyers conceded nearly every point on which the plaintiffs’ case against the government was constructed. These admissions include the government’s role in promoting the development of fossil fuels and its belief that greenhouse gases are at “unprecedentedly high levels compared to the past 800,000 years ... and pose risks to human health and welfare.”
The government went so far as to point out where the plaintiffs had understated the evidence against the government in court papers. They then corrected the figures, raising them upwards.
“They recognised the importance of this case and tried to make sure when the Obama administration left, that the government’s position was clear and the court shouldn’t spend time in trial worrying about facts that should not be contested,” says Phil Gregory, the plaintiffs’ co-counsel.

The Trump team changes tack
Now, the Trump administration appears to have reversed course. Last week, government lawyers asked Judge Aiken to grant their request that the Ninth Circuit Court of Appeals review her order. Halting the trial, the lawyers wrote, could avoid litigation that “is unprecedented in its scope, in its potential to be protracted, expensive and disruptive to the continuing operation of the United States Government.”
The appellate review is unlikely to be granted because the decision is up to Judge Aiken, the judge who ordered the trial to proceed. In common practice, appeals courts decline to consider appeals until a trial concludes.
In a separate motion, government lawyers are also fighting a request by the youth’s lawyers that the Justice Department preserve all documents relevant to the lawsuit, including information on climate change, energy, and emissions.
Even if a review is granted, it may be difficult for the Trump administration to reverse the government’s statements and acknowledgements about climate change that are already part of the record. Still, the new administration’s position on the subject is becoming increasingly clear. Two days after the government’s motions were filed, EPA Administrator Scott Pruitt swept aside established science on the connection between carbon dioxide emissions and global warming and declared that “carbon dioxide is not a primary contributor to the global warming that we see.”

Links

Shed A Tear For The Reefs

New York Times - Editorial Board

Ariel Davis
Reports that the Great Barrier Reef is dying come ever more frequently, ever more urgently. There is no mystery about the reason — it’s global warming, caused by the fossil fuels we burn. If we stopped heating the oceans, parts of the great reef off Australia’s north coast and other spectacular coral reefs around the world could still recover. The alternative is to weep at the loss of one of the most spectacular sights on earth, as the author of the latest report and his students did on examining charts of the damage.
The death of coral reefs is a tragedy on many levels. There is the sheer beauty of the forests of brightly colored corals and the equally kaleidoscopic fish they harbor, a panorama that attracts hundreds of thousands of visitors. There’s their extraordinary variety and value: Coral reefs are found in shallow waters in only 0.2 percent of the oceans, yet they support a quarter of all marine life and provide protein for millions of people. Finally, there is the role of the coral reefs as the alarm system of the oceans: Highly sensitive to the temperature of water, the reefs can die from an increase of only two or three degrees Fahrenheit. The vast stretches of bleached coral speak to oceans in deep trouble.
Last year was particularly disastrous for the Great Barrier Reef. The periodic heating of the Pacific Ocean known as El Niño, combined with the continuing warming of the seas from climate change, caused mass bleaching along vast stretches of the 1,400-mile-long reef. In theory, the return of cooler waters could restore them, but that’s not what’s happening.
Researchers led by Prof. Terry Hughes of James Cook University in Australia, the lead author of a report on the reef in the current issue of the journal Nature, were surprised at the extent of the damage. “We didn’t expect to see this level of destruction to the Great Barrier Reef for another 30 years,” he told The Times. In the north, he said, two-thirds of the reefs are dead. And Australian government efforts to curtail dredging and pollution were not helping. “The reefs in dirty water were just as fried as those in pristine water,” he said.
To the scientists, there is no mystery as to what needs to be done. There never was. Decades ago they warned that with global warming, coral reefs would not be able to survive natural temperature spikes, like the one brought on by El Niño. Surveys of the Great Barrier Reef conducted by Professor Hughes from low-flying aircraft showed that extensive patches of reef may be beyond saving. These are the surveys that brought him and his students to tears.
There is really only one way to save coral reefs, and by extension the oceans and the world, and that is to fight climate change. At this juncture, that means defending the 2015 Paris agreement to limit the increase in global temperatures. The Obama administration played a major role in fashioning the agreement, which 194 countries have signed. Backsliding now would guarantee more bleached reefs, and worse.

Links

Lethal Heating is a citizens' initiative