National Geographic - Stephen Leahy
Prominent climate scientist James Hansen has a message for world leaders gathering in Germany for the United Nations conference on global warming.
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| A supercell thunderstorm strikes in South Dakota. Among the most severe storms, supercells can bring strong winds, hail, and even tornadoes. (See more extreme weather pictures.) Photograph by Jim Reed, National Geographic |
Countries should sue the world’s biggest oil, coal and gas, and
cement companies for damages resulting from climate change—says
well-known climate scientist James Hansen.
Hansen, a former NASA scientist who warned Congress about the dangers
of climate change in 1988, says global warming of 2°C, or even 1.5°C,
is dangerous, risking
sea level rise
of at least 10 feet in as little as 50 years. That would put major
parts of coastal cities like New York underwater. He believes major
impacts of climate change are happening faster than what is reported in
even the latest science reports, including the U.S. government’s
Climate Science Special Report released last Friday.
An enormous amount of money is urgently needed to dramatically slash
emissions of carbon dioxide (CO2), take existing CO2 out of the
atmosphere, and for countries to cope with the impacts of climate
change, Hansen argues. And that money should come from the companies
that profited most from burning fossil fuels, Hansen will tell world
leaders Tuesday in Bonn, Germany, at the
annual United Nations climate negotiations.
Known as COP 23, negotiators from 197 countries are meeting this week to finalize details around the
Paris Climate Change Agreement,
including a process to increase emission reductions. The current
reductions promised by countries under the Paris Agreement are only a
third of what is needed to stay below 2C, according to the
United Nations Environment Program.
“I tried to get an opportunity to address the negotiators but did not
succeed. I will give my talk at a press conference,” Hansen told
National Geographic in advance of the meeting.
Targeting “Carbon Majors”?
The companies that could be sued are known as the “carbon majors,”
Hansen says. These are the 100 companies who have been the source of
more than
70 percent of the world’s greenhouse gas emissions since 1988. ExxonMobil, Shell, BP, and Chevron are listed as among the highest carbon-emitting, investor-owned companies.
“The judicial system is the only way to get the funds needed to deal
with climate change,” Hansen says. “Legislation won’t work because
that’s where lobbyists rule.”
This legal action is comparable to the successful tobacco industry
lawsuits that resulted in billions of dollars in settlements, he adds.
Legal Precedents
In fact, climate lawsuits are already happening. Last year, a
Filipino government body called the Commission on Human Rights of the
Philippines
accused 47 carbon majors of human rights violations because of their role in climate change.
Three California coastal communities
sued 31 fossil-fuel companies in July. Last month, four municipalities
on Canada’s west coast asked Chevron, Exxon, Shell, and others to
pay their share of the climate costs those communities are facing. There is now even a nascent movement called
Climate Law in our Hands that helps communities go after these carbon-emitting companies.
Causes and Effects of Climate Change
Governments are also being sued. A Dutch citizens’ group won the first-ever climate lawsuit
against a government in 2015. The courts agreed that the Netherlands
government wasn’t doing enough to protect its citizens and made the
unprecedented ruling that the country’s annual CO2 emission reduction
target had to increase from 17 percent to 25 percent by 2020 compared to
1990 levels.
For comparison, 2015 (most recent available) annual
U.S. emissions are four percent higher than 1990.
Hansen is involved in a 2015
lawsuit against the U.S. federal government, brought by 21 kids under the age of 21, including his own granddaughter.
The case
argues that the government’s failure to curb CO2 emissions has violated
the youngest generation’s constitutional rights to life, liberty, and
property. A trial will be held February 5, 2018 in the U.S. District
Court of Oregon.
Another group of youth just filed a lawsuit against
Governor Bill Walker of Alaska
alleging that “the state is violating their constitutional rights by
putting fossil-fuel production above the safety of their lives.”
Could Puerto Rico sue the carbon majors for the billions in damages
caused by Hurricane Maria? Legal experts say this is a difficult
question.
“You need to establish a sufficiently direct relationship
between an act or omission by the entity sued and a significant impact,”
says Jorge Vinuales, Professor of Law and Environmental Policy at the
University of Cambridge.
However, some cases along these lines are starting at the UN Human
Rights Committee, says Vinuales, who said he couldn’t yet provide
further details because they aren’t public. For low-lying, small island
nations whose existence is threatened by rising seas, a better approach
might be to bring an action against some major polluters before either
the International Court of Justice or the International Tribunal on the
Law of the Sea, Vinuales says. “I'm quite confident that such a suit
could be formulated in terms that could work,” he says.
A group of citizens could also try to sue carbon majors using
transnational tort litigation. However, this approach may have been made
more difficult by the fact that the U.S. climate delegation made sure
the Paris Agreement included a paragraph that reduces the risk of
litigation.
Future Solutions?
It has long been recognized that large amounts of funding is needed
to help poorer nations cope with impacts of climate change and ramp up
cleaner energy. In 2009, the U.S. and other developed nations agreed to
step up financial support for developing nations to $100 billion a year
by 2020.
In 2016 this support amounted to just
$2.78 billion.
For comparison, a recent report estimated that extreme weather—made
worse by climate change—and the health impacts of burning fossil fuels
cost the U.S. economy
at least $240 billion a year the last ten years.
The World Meteorological Organization also announced that 2017 is very likely to be one of the
top three warmest years on record, and likely the hottest year in the absence of the El Niño phenomenon.
As COP 23 in Bonn began this week, Malaysia and Vietnam were just
beginning to assess the damage from last weekend’s powerful Typhoon
Damrey that killed at least 60 people.
Global warming is already at 1C
and there is much worse extreme weather to come unless carbon emissions
are eliminated, says Hansen. To protect low-lying island nations and
global shorelines, global warming needs to be less than 1C.
That means
removing at least 100 gigatons of CO2 from the atmosphere through
afforestation and changes in land management, he says. That alone will
cost at least a trillion dollars.
Lawsuits against governments and carbon majors could force what
Hansen and many climate activists have long advocated: a carbon fee or
tariff system on fossil fuels to raise their cost and provide funding.
“As long as we allow fossil fuels to be cheap energy, and not required
to pay their costs to society, we cannot kick our fossil fuel
addiction,” he says.
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