30/05/2021

(AU Editorial) The Guardian View On Climate Change Lawsuits: Big Oil Is In The Dock

The Guardian - Editorial

Fossil fuel firms are being held responsible for greenhouse gas emissions. That’s a good thing

Donald Pols, right, the director of Milieudefensie – the Dutch arm of Friends of the Earth – celebrates the outcome of the verdict in the court case against Shell in The Hague. Photograph: Peter de Jong/AP

History was made in the Hague district court this week.

Judge Larisa Alwin ruled that Shell, one of the world’s biggest oil companies, must cut its emissions by 45% by 2030 relative to 2019 levels.

Until Wednesday, courts in the Netherlands, France and Germany had concentrated on holding governments to their commitments under the Paris climate deal of 2015. States were found guilty of denying basic rights to future citizens, triggering more ambitious climate plans. The landmark Hague ruling shows that corporations can now be ordered to comply with the goals of the Paris agreement.

Governments are supposed to design the regulatory frameworks and put in place the laws so that companies and households steadily reduce their carbon emissions. But this relies on private entities playing their part. If they do not, preferring to hide behind slick PR, the law can step in.

The judge accepted the argument that Shell had failed in its duty to respect human rights by failing to adequately curb its role in global heating. Shell’s goals to mitigate its climate impact, the court found, “largely amount to rather intangible, undefined and non-binding plans for the long term”.

The judgment was also noticeable in placing responsibility on Shell not just for its own emissions, but for those of its customers. Taken together these amounted to 1.7bn tonnes of CO2 in 2019 – about the same as Russia, the world’s fourth-largest polluter. The company, headquartered in Holland, will appeal.

Many jurisdictions contain “duty of care” provisions similar to Dutch law. In a forthcoming paper, Stirling University’s Annalisa Savaresi and Joana Setzer of the London School of Economics point out that pursuing corporate actors on the basis of human rights law over climate has become a trend, with a dozen more cases pending worldwide.

For some this is perhaps a step too far; for others, not far enough. But sceptics must accept that the world is getting further and further away from hitting targets for carbon emissions. The Hague court was right to ask for a vision beyond business as usual. The spectre of a climate emergency is haunting the planet.

Ahead of this November’s Cop26 UN climate summit, countries are supposed to put forward new, more ambitious promises to cut emissions. Climate models show that to limit global heating to 2C above pre-industrial levels there needs to be a 25% cut in carbon dioxide emissions by 2030, compared to where they were in 2010. So far the pledges fall far short. The Hague court noted that the energy sector requires even steeper falls of around 45%.

It is not unreasonable, given that the planet’s future is at stake, for civil society to use every tool at its disposal. On the day Shell lost in court, ExxonMobil, the US oil giant, was defeated by activist shareholders on the election of two new members to its 12-strong board, and a large majority of Chevron shareholders voted for a “substantial” reduction in the firm’s emissions from the use of its products. These were stunning defeats.

But the hydrocarbon sector is striking back. Two German companies – RWE and Uniper – are suing the Dutch government for compensation over the country’s planned coal phase-out under a 1990s international investor treaty. Martin Dietrich Brauch of the Columbia Center on Sustainable Investment points out the absurdity of the EU permitting such actions, given that these decades are crucial for a global energy transition to cleaner fuels and the bloc’s net zero targets.

The answer is to shut down the outdated energy charter treaty. What must be faced is that carbon dioxide is building up in the air as more oil, gas and coal is burned. Unless this economic model is replaced, the fight will go on – inside and outside the courtroom.

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29/05/2021

(AU ABC) Financial Regulator APRA To Stress-Test Banks On Climate Change, To Examine What Would Happen In A 3-Degrees-Hotter World

ABC News - Daniel Ziffer

Thousands of protestors gathered in Melbourne for a climate change rally on May 21. (ABC News: Billy Draper)

A key financial regulator is testing what would happen to Australia's economy if climate change creates a 'hot house world' with temperatures more than 3 degrees higher than the Earth's current average.

A tender for the Australian Prudential Regulation Authority (APRA) is seeking "climate risk modelling" on behalf of major banks, by assessing the impact on the nation's 500-biggest listed companies.

"Climate change is a systemic threat that left unchecked will undercut Australian economic growth and long-term investment returns," said Erwin Jackson, director of policy at the Investor Group on Climate Change (IGCC)."

APRA's vulnerability assessment represents a critical step in the evolution of analysis on climate change as an economic and financial risk."

The group, a collaboration of Australian and New Zealand institutional investors managing over $2 trillion in funds, said the research would illustrate the financial risks of unchecked climate change.
"No company or investor can escape economy-wide damage from climate change," he added.
Check climate

The authority's 'Climate Vulnerability Assessment' will begin to calculate banks' exposure to climate risk by assessing the physical risk to 50 of Australia's largest non-finance businesses. It will then expand to the top 500 companies.

APRA chairman Wayne Byers. The regulator he runs looks after the financial stability of banks and the overall economy. (Supplied: APRA)

"Acute and chronic physical risks expected to include a combination of some or all of the following risk types at each asset location: Extreme heat, Extreme rainfall, Extreme wind, Flooding/inundation, Fire and bushfire, Soil subsidence, Coastal inundation, and Storm," the tender documents noted.
The tender wants to know what will happen under a "disorderly transition to 2 degrees" or a "hot house world".

Neither scenario is great

In 2017, a group of central banks created the Central Banks and Supervisors Network for Greening the Financial System (NGFS) to manage systemic risks posed by climate change to the financial system.

The network defines a 'disorderly' transition as one with action that is "late, disruptive, sudden and/or unanticipated" with sharper emissions reductions needed than an orderly scenario.

Financial regulator APRA is getting serious about the risk climate change poses to the Australian economy. (ABC News: Maren Preuss)

In a 'hot house world', limited action leads to "significant global warming and, as a result, strongly increased exposure to physical risks", including irreversible sea level rises.

The scenario maps more than 3 degrees of warming, but also the impact of 'tipping points' that may be triggered if the world surpasses 2 degrees, which could create what some experts call "runaway temperature scenarios".

Despite the 'hot house world' forecasting a 25 per cent loss of global gross domestic product (GDP) by 2100, it's considered conservative and does not include "extreme events and societal changes like migration and conflict".

'Incredibly important information'

It is scary but prudent, said Daniel Gocher, director of climate and environment at the Australasian Centre for Corporate Responsibility.

"It will assist APRA and the banks, insurers and super funds it regulates to better understand the possible impacts from runaway climate change. As the last 18 months have demonstrated, Australia is acutely exposed to bushfires, floods and storms," he said.
"Understanding how the increased frequency and severity of severe heat, heavy rainfall and natural disasters will impact the largest and most exposed ASX-listed companies is incredibly important information."
The centre, a research and shareholder advocacy organisation, doesn't believe ASX-listed companies have previously assessed the risks particularly well, creating a vacuum of information for shareholders to make good decisions.

"Australian companies must move beyond the approach of believing that extreme climate change just means warmer temperatures and understanding the systemic impact it will have on society," Mr Gocher concluded.

Scenarios help planning

ClimateWorks Australia helps businesses reduce carbon emissions, to try to avoid the worst impacts of climate change.

"This is part of the global 'new normal' for financial systems," said chief executive Anna Skarbek.
"We are seeing increasing investor and regulator expectations that financial institutions are prepared for a range of climate scenarios."

Chief executive of ClimateWorks, Anna Skarbek, works with business to reduce carbon emissions. (Supplied: ClimateWorks)
The organisation finds scenarios like APRA's tender "extremely useful", Ms Skarbek said, identifying risks and opportunities.

"Our economy-wide scenarios have been drawn on by financial institutions and governments already, as they seek to understand how the financial system, and the institutions within it, would respond to various climate scenarios," she said.

"APRA's work will help normalise this and build much-needed capacity for this."

The Australian Banking Association is a lobby group that represents the interests of large banks.

Its chief executive, Anna Bligh, said local banks were working with regulators on the issue.

"Increasingly, the financial risk presented by a changing climate is a key area for consideration," she said.

Anna Bligh, the chief executive of the Australian Banking Association, said banks operate "in accordance with strict regulatory requirements both in Australia and overseas". (ABC News: John Gunn)
"Banks are also working closely with their largest customers to manage the transition to a low emissions future, as required by regulators.
"The views of investors are also critical. The world’s largest investment funds expect banks to assess and act on climate-related risks."

The tender is due by June 18.

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(USA Yale E360) Net-Zero Emissions: Winning Strategy Or Destined For Failure?

 Yale Environment 360

Net-zero emissions — balancing emissions by absorbing equivalent amounts of CO2 from the atmosphere — is the defining approach of international climate efforts. But some scientists are arguing that this strategy simply allows the perpetuation of the status quo and is certain to fail.

A coal processing plant in Hejin in central China's Shanxi Province. Associated Press

Author
Fred Pearce is a freelance author and journalist based in the U.K. He is a contributing writer for Yale Environment 360 and is the author of numerous books, including The Land Grabbers, Earth Then and Now: Amazing Images of Our Changing World, and The Climate Files: The Battle for the Truth About Global Warming.
Net zero. Those two words have become the near-universal language for policymakers intent on sealing a deal at the UN climate conference in Glasgow, Scotland in November.

But are they the key to fulfilling the promises to hold warming to 1.5 degrees made at a similar climate summit in Paris six years ago, or, as some scientists and activists are now saying, are they a dangerous delusion to which climate scientists have become complicit?

Achieving “net zero” requires that any carbon dioxide or other greenhouse gas emissions are balanced by absorbing an equivalent amount of CO2 from the atmosphere — sometimes called negative emissions.

More than 100 countries, including the biggest three emitters — China, the United States, and the European Union — have pledged to achieve net-zero targets in the coming decades. They are being applauded for finally getting a grip on climate change.

But while the net-zero strategy has united policymakers, it has divided climate scientists and activists. Some see the rush to make net-zero pledges in the run-up to Glasgow as a huge success for climate action.

But in a blistering commentary last month, a former chair of the Intergovernmental Panel on Climate Change (IPCC), Robert Watson, and two co-authors denounced net zero as a trap set by industrialists and governments to hoodwink the world and lambasted climate researchers for showing “cowardice” in not calling them out.
Net-zero “helps perpetuate a belief in technological salvation and diminishes the sense of urgency,” the critics write.
The hope is that allowing negative emissions to balance continued CO2 emissions as part of net-zero policies will provide a safety net for industries where it is technically impossible to eliminate all emissions — in aviation and agriculture, for instance.

The negative emissions might be achieved by increasing CO2 take-up by forests and other ecosystems, or by using industrial chemistry to capture CO2 from the air. But some fear the safety net will become a cover for business-as-usual in highly polluting industries.

The debate is as much about the politics of driving down emissions as about climate science or the potential of technology.

Watson was chair of the IPCC from 1997 until 2002, when the U.S. administration of President George W. Bush refused to nominate the former NASA climate scientist for a second term. Since then he has worked as an academic, currently at the University of East Anglia.

He and his co-authors wrote last month that while net zero might be “a great idea, in principle,” in practice it “helps perpetuate a belief in technological salvation and diminishes the sense of urgency surrounding the need to curb emissions now.”

Scientists who support the current push for net-zero, they contend, have “licensed a recklessly cavalier ‘burn now, pay later’ approach, which has seen carbon emissions continue to soar.”

Watson and his colleagues admit to their own roles. “We admit that it deceived us,” he and fellow climate scientists James Dyke of Exeter University and Wolfgang Knorr of Lund University in Sweden wrote. But “the time has come to voice our fears and be honest with wider society… Current net zero policies will not keep warming to within 1.5 degrees, because they were never intended to. They were and still are driven by a need to protect business as usual.”

Watson’s stand — especially coming from a former IPCC boss — has angered some fellow researchers. In a riposte published this month, Richard Black at Imperial College London said it makes little sense to attack net zero when it is “the defining lens through which many governments, businesses, NGOs and other types of entity view decarbonization.”

Black told Yale Environment 360, “high-carbon advocates have always found excuses to delay, and would do so whatever the policy framing.” But “it has nothing to do with net zero per se.”

Steam turbines at a carbon-capture-and-storage pilot project at the Mountaineer coal-burning power plant in West Virginia in 2009. The project was discontinued in 2011. SAUL LOEB/AFP via Getty Images

In any case, Black is upbeat. In March, he was lead author of an analysis of net-zero commitments that argued that “the global momentum on net zero represents an exciting window.” Besides 124 national governments committing to adopting various versions of net zero as targets, he found net-zero pledges from more than 1,500 major companies, representing $14 trillion in revenues.

Black agrees that not all these governments and businesses intend to honor their pledges. And auditing whether they do so is particularly difficult where those pledges involve offsetting their continued emissions by buying paper certificates from other organizations that claim to have prevented emissions elsewhere or absorbed CO2 in forests.

“There are big flaws in how net zero is being implemented in some cases,” Black said. “But pledging a target means that the entity can be held to account by voters, shareholders, or customers.”

This is happening, Black says. He cites the example of the German government. Last month the country’s highest court ordered it to up its short-term emissions reductions to ensure that its mid-century net-zero target did not leave a disproportionate share of the responsibility to future generations.

Industries too will be judged. The fossil-fuel industry’s public commitments to net zero by 2050 will from now on be compared with a detailed road map for achieving net zero across the energy industry published this month by the International Energy Agency (IEA), an intergovernmental body long considered by environmentalists as an apologist for fossil fuel companies.
If properly designed, nature-based solutions “can have a powerful role in reducing temperatures,” a new analysis says.
No longer. The IEA now says that meeting net zero requires an immediate worldwide end to approvals of new oil and gas fields — meaning all drilling for more oil or gas reserves should cease. This puts it at odds with oil giants that are promoting corporate net-zero strategies while continuing to search for more oil.

These include Shell. Its shareholders this month endorsed a strategy for making its business net zero by 2050. But a minority protested that the strategy contravenes the IEA’s call to end all fossil-fuel expansion now. Instead, the Shell plan anticipates a 20-percent increase in gas production by 2030.

Shell’s version of achieving net zero relies heavily on investment in forest projects to offset its emissions. Several have already proved controversial.

Following an analysis of the company’s net-zero strategy that they coauthored, Johan Rockstrom of the Stockholm Resilience Center and Gail Whiteman of the University of Execter said the negative emissions that Shell will need to offset its continued fossil-fuel activity “requires a forest the size of Brazil.”

Rockstrom and Whiteman call for the company to be drummed out of net-zero initiatives, such as the UN’s Race to Zero campaign, and questions its role advising the British government in the run-up to the Glasgow climate conference.

IEA director Fatih Birol also says net zero requires a global program for early shutdown of coal-fired power stations, especially in Asia. Yet signatories to net-zero policies, including the government of China, continue to fund new coal-plants, as do major finance houses such as Barclays and BNP Paribas, despite both joining a UN Net-Zero Banking Alliance.

A coal-fired power plant in Yokohama, Japan. Associated Press

Some environmental NGOs, such as The Nature Conservancy, nonetheless back net zero and have created their own offsetting projects to help companies take advantage of emission offsets. But others decry it. Friends of the Earth calls it “chasing climate unicorns,” allowing polluters to “hide behind the ‘net’ in net zero, claiming that they just need to pay someone else to remove carbon.”

Dyke told e360: “Net zero policies are best understood as the latest manifestation of a dysfunctional climate policy system” — the latest “framing” by apologists for the status quo.

He believes the slippery slope began in the 1990s when there was a push to persuade a reluctant U.S. to address climate change by allowing it to count the carbon absorbed by its forests as a contribution. The idea, says Dyke, was that “if it managed its forests well,” then the carbon stored “should be subtracted from its obligations to limit the burning of coal, oil, and gas.“

Technological fixes followed. At the climate conference in Copenhagen in 2009, companies promised to develop carbon capture and storage (CCS), the capture of CO2 as it went up power-station stacks for burial underground. But a decade on, he says, there are no such facilities in practical large-scale operation.

By Paris in 2015, the “new savior technology” was Bioenergy with Carbon Capture and Storage (BECCS). This combined CCS with burning wood or other bioenergy crops in power stations. If the wood or other fuel was then regrown, it would absorb more carbon from the air. In this way, the world could combine generating energy and negative emissions.
As part of C02 reduction strategies, some countries are claiming natural processes already included in future climate models.
But since Paris, it has emerged that full deployment of BECCS would require frequently harvested tree plantations or bioenergy crops covering anywhere from 25 to 80 percent of all land currently under cultivation. That would “devastate biodiversity,” according to Watson, who since his stint at the IPCC has also chaired the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services.

“The end result of all these diversions,” Dyke said, “has been the same — no effective mitigation.” Emissions today are 60 percent above the level of 1992, the year the world first agreed at the Rio Earth Summit to prevent “dangerous” climate change. ”Net zero is just the latest example of wishful thinking that effectively stops us critically reflecting on why we have failed,” he said.

In the search for means of achieving negative emissions to meet net-zero targets, there has been an increasing focus on what are called “nature-based solutions.” These involve using forest planting or restoration of carbon-holding wetlands, such as peat bogs or mangrove swamps, to draw CO2 from the air.

The term was coined in 2017 by Bronson Griscom, then at The Nature Conservancy. In a new analysis by him and others in the journal Nature this month, Griscom says they “can have a powerful role in reducing temperatures,” including in the long term, if they are properly designed and have good accounting standards.

But this too has drawn the ire of Watson and his co-authors. Knorr told e360 that while it was true that restored ecosystems can hold more carbon, calculating any additional benefit from short-term interventions is all but impossible. It is also wide open to misrepresentation, he said, as companies and countries adopt natural carbon sinks as part of their plans for net zero.

Mangroves on the Osa Peninsula of Costa Rica. Mangrove forests are major carbon sinks. Prisma by Dukas Presseagentur GmbH/ Alamy Stock Photo

“About a third of current CO2 emissions are taken up by forests and other ecosystems,” Knorr said. “Double counting is essentially unavoidable. We need the natural sink plus mitigation, not the sink as mitigation.”

Potentially even worse, he warns, climate change itself “could weaken forests and make them prone to fires or insect attacks,” at which point they start releasing their carbon. For such reasons “nature-based solutions don’t offer a guarantee that carbon will remain stored away. It’s a Pandora’s box,” Knorr said.

Climate modeler Myles Allen at Oxford University, a co-author of this month’s Nature paper on nature-based solutions, agrees. Climate-based solutions are “temporary and at risk of reversal as the world warms,” he told e360.

 Most climate models show the biosphere switching from as sink to a source of carbon over the course of this century. “So storing fossil carbon there is risky,” Allen said, “unless you have a plan to re-store it somewhere permanently if it starts to leak out again — which no offsetting schemes even think about.”

Such concerns have not stopped some countries from including their natural sinks in calculating their contributions to climate change. Bhutan and Suriname both claim to be carbon negative because their trees currently absorb more than their industries emit.

But this makes no scientific sense, says critics, because they are claiming as part of their CO2 reduction strategies natural processes that are already included in models of future climate. The danger is that other countries may try to join them.

When China recently committed to achieving net zero by 2060, it said that it would achieve this in part through nature-based solutions. The government’s special envoy of climate, Xie Zhenhua, said in 2019 that nature-based solutions could cut China’s net emissions by a third.

Last year, in a Nature paper, Yi Liu of the Chinese Academy of Sciences and colleagues calculated that between 2010 and 2016 China’s forests soaked up the equivalent of 45 percent of its human-made CO2 emissions.

Similarly, the U.S. Forest Service says 11 percent of national CO2 emissions are “offset” by American forests.

If the world’s two biggest emitters start claiming that the carbon being absorbed in these existing forests could be offset against their emissions to achieve net zero, then the scientific basis for net-zero policies to end climate change would swiftly unravel.

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(UK The Guardian) Climate Crisis Inflicting Huge ‘Hidden Costs’ On Mental Health

The Guardian

Vicious circle of climate impacts, trauma and depression must be broken, say scientists

A man walks through a flooded street caused by Hurricane Eta in Planeta, Honduras, in 2020. Photograph: Delmer Martinez/AP

The climate crisis is damaging the mental health of hundreds of millions of people around the world but the huge costs are hidden, scientists have warned.

Heatwaves are increasing rates of suicide, extreme weather such as floods and wildfires are leaving victims traumatised, and loss of food security, homes and livelihoods is resulting in stress and depression. Anxiety about the future is also harming people’s mental health, especially the young, the scientists said in a report.

Mental health conditions already affect a billion people and cost trillions of dollars a year. The researchers said global heating would worsen the issue unless action was taken. They described a vicious circle where climate impacts increase mental health difficulties, leaving people even more vulnerable to further consequences.

However, they said tackling climate change could turn this into a virtuous circle. Action by individuals, communities and governments not only cuts the impacts of heating but also boosts people’s mental wellbeing by giving them healthier lives and a sense of hope and agency.

“Mental health is the unseen impact of climate change at the moment,” said Emma Lawrance of Imperial College London, who led the report. “It is a big problem that is going to affect more and more people into the future, and in particular exacerbate inequality. It is very likely to be a really big unaccounted cost.

“If you have lost your home, if you’re at risk of repeated flooding, if you’re grieving because you’ve lost a family member to a fire or your livelihood because of a drought, that is shock and trauma that translates for some into very prolonged distress and diagnoses of PTSD, anxiety, depression and increased risk of suicide.”

Even for those not yet directly affected, so-called eco-anxiety about the future has an impact, Lawrance said. “Anecdotally there are rising rates of distress, and it is going to affect a huge number of people. The grief and fear that comes with that, and especially for young people who see inaction on climate, can really exacerbate distress.”

Even in the midst of the pandemic in 2020, young people in the UK reported significantly more stress about climate change than Covid-19, she said.

But Lawrance added: “Taking climate action seems to be very positive for mental health, both on an individual and community scale, but also as a society.” She said the costs to mental health and the benefits of action must become part of the mainstream work on tackling the climate crisis.

Adrian James, the president of the UK’s Royal College of Psychiatrists, said: “This is a landmark paper providing an essential summary for governments and healthcare services alike. [It] underlines that without urgent action the planetary crisis will impact on all aspects of health for generations to come.”

The report concludes: “The climate crisis affects the mental wellbeing of hundreds of millions of people around the world. These impacts are currently ‘hidden costs’, unaccounted for in policy and planning.”

Less than 1% of 54,000 medical research papers that mentioned climate change from 2010-20 also mentioned mental health, the researchers found.

But while much more research is needed, it is already known that rates of suicide increase with rising temperatures, with one study finding a rise of 1% per 1C increase in heat above a certain threshold.

Suicides of nearly 60,000 Indian farmers linked to climate change, study claims.  Read more
There is also evidence that air pollution and extreme weather events such as wildfires and hurricanes can contribute towards higher rates of suicide.

Furthermore, people with pre-existing mental illness, particularly psychosis, dementia and substance abuse, are two to three times more likely to die during heatwaves.

How high temperatures directly affect mental health is unknown but scientists suggest changes in blood flow to the brain, perhaps exacerbated by medications, and lost sleep may be factors.

The number of cases of psychological trauma arising from a disaster can exceed physical injury cases by 40 to one, the report said, noting that after recent Australian bushfires the government spent A$76m (£42m) providing mental health support.

Climate impacts can also indirectly damage mental health by harming loved ones, causing the loss of homes or jobs, reducing access to water, food or healthcare, or displacing people from their communities.

Poorer mental health has been reported by people affected by flooding in the UK and Thailand, by displacement including in Puerto Rico and Florida after Hurricane Maria, and from rural areas into towns after droughts in Australia and Sudan.

However, actions that cut global heating can also benefit mental health, such as making walking and cycling easier, providing nature-rich places that people can visit, and making homes warmer and less damp through energy efficiency measures.

Climate action is likely to improve the mental wellbeing of everyone, Lawrance said. “For example, in a community experiencing higher temperatures, there are reports of worse emotional wellbeing across the board. Climate actions that create greener, cleaner cities and reduce inequalities can potentially improve the mental health of all citizens.”

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(AU The Conversation) Climate Change Will Cost A Young Australian Up To $245,000 Over Their Lifetime, Court Case Reveals

The Conversation - |

AAP

Authors
  • is Senior Lecturer, School of Environmental and Life Sciences, University of Newcastle
  • is a Clinical Teacher/Solicitor, University of Newcastle
The Federal Court has dismissed a bid by a group of Australian teenagers seeking to prevent federal environment minister Sussan Ley from approving a coalmine extension in New South Wales.

While the teens’ request for an injunction was unsuccessful, a number of important developments emerged during the court proceedings. This included new figures on the financial costs of climate change to young Australians over their lifetimes.

An independent expert witness put the loss at between A$125,000 and A$245,000 per person. The calculation was a conservative one, and did not include health impacts which were assessed separately.

The evidence was accepted by both the federal government’s legal team and the judge. That it was uncontested represents an important shift. No longer are the financial impacts of climate change a vague future loss – they’re now a tangible, quantifiable harm.

The Federal Court dismissed the teens’ request for an injunction against a mine. James Gourley/AAP

Calculating climate costs

The case involved a proposed extension to Whitehaven’s Vickery mine near Gunnedah in northwest NSW. The expansion would increase the total emissions over the life of the mine to 366 million tonnes.

To help in its deliberations, the court called on an independent expert witness, Dr Karl Mallon, to estimate the extent to which climate change would harm the eight young Australians aged 13 to 17, and by extension all children in Australia.

Mallon is chief executive of Climate Risk, a consultancy specialising in climate risk and adaptation software which advises governments and businesses around the world. This is the first time anywhere in the world this technique for quantifying harm in climate litigation has been applied and accepted.

Mallon first assumed a level of ongoing greenhouse gas emissions, with reference to standard scenarios used by the Intergovernmental Panel on Climate Change (IPCC). The scenarios range from futures with ambitious emissions reductions to those with very little.

So Mallon used the IPCC’s high-end emissions scenario known as RCP8.5 - the only one consistent with increasing coal production.

Second, Mallon drew on atmospheric modelling to provide projections for Australia on climate effects such as changes in temperature and rainfall. He then quantified the financial and health costs of those changes across three “epochs”, or time periods, in the futures of young people today.

The proposed mine expansion would mean increased coal production, and emissions. Shutterstock

Epoch 1: loss of property wealth

The first epoch spanned the decade to 2030. Mallon limited his analysis to how climate change will affect housing markets, leading to the loss of family property wealth.

Some homes are particularly vulnerable to extreme weather and climate risks such as bushfires, flooding, coastal inundation, cyclones and subsidence. Mallon’s modelling found about 5% of family homes would be affected damaged by climate change and associated extreme weather events this decade.

Already in some areas insurance premiums are becoming unaffordable and the problem will likely worsen as climate change unfolds. This will reduce the market value of high-risk properties.

Mallon estimated an average loss to the value of family homes by 2030 at about A$40-85,000 per child.

Fire risk will make some homes uninsurable. James Gourley/AAP

Epoch 2: reduced earnings

This epoch spanned the years 2040 to 2060, when the applicants would be aged between 20 and 58 years. This part of Mallon’s analysis focused first on loss to prosperity – how climate change would affect a young person’s ability to work. On hot days, the body must expend extra energy dissipating heat (usually by sweating). As the International Labour Organisation has noted, exposure to these conditions for extended periods is risky, and to endure them people must drink water and take regular breaks, leading to lower productivity.

Rising temperatures under climate change will increase the number of days where the ability to work outside safely will be hampered. Mallon found around 30% of today’s children will work in climate-vulnerable jobs, such as agriculture and construction.

People in these jobs will be less productive, and the cost to employers will eventually be passed to employees through lower wages. Mallon estimated this means a loss of about A$75,000 over a young person’s working life.

Climate change and associated extreme weather will also disrupt the infrastructure businesses rely on, such as electricity, telecommunications and transport. Again, these productivity losses will eventually be reflected in employee wages.

In Mallon’s opinion, repeated extreme weather damage to business continuity will lead to an estimated average A$25,000 annual loss per person over the working life of a child today.

Climate change will also deliver general “hits” to the economy. Mallon’s analysis here focused only on agricultural and labour productivity, and drew on existing research to estimate losses of about A$60,000 per person over their lifetimes.

The bottom line? Mallon’s partial, conservative calculations found today’s children will forego between A$125,000 and A$245,000 each due to the climate impacts noted above. He puts the most likely cost at around A$170,000 for each child.

Natural disasters such as flood and fire will lead to economic disruption. Tracy Nearmy/AAP

Epoch 3: risks to health

The third epoch spanned 2070 to 2100, when today’s young people will be in the later stages of their lives. Here, Mallon’s analysis focused on the health impacts of higher temperatures. These will lead to increased heat stress, ambulance call outs, presentations to emergency departments and hospitalisations.

Older people are more vulnerable to the health effects of higher temperatures, and also more likely to die. Mallon found one in five of today’s children will likely be hospitalised due to heat stress in their senior years.

Act hard and fast

In Australia and around the world, people concerned about climate change are increasingly using litigation in a bid to force governments to act.

This means we can expect to quantification of the financial costs of climate change being presented more often in our courts.

Mallon’s calculations do not cover all harm that will be caused by climate change – only that for which detailed accessible modelling exists. The full financial and health costs will inevitably be far greater than the scope of his assessment.

Global emissions must urgently be cut to net-zero to avert the most disastrous climate change impacts. The arguments in favour of radical mitigation action, including the personal financial risks, grow ever-more compelling by the day.

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28/05/2021

(AU The Guardian) Australian Court Finds Government Has Duty To Protect Young People From Climate Crisis

The Guardian

Eight teenagers, along with 86-year-old nun, launched case to prevent the approval of a massive coalmine

Sister Brigid Arthur, 86, and Anj Sharma, 16, are among a group who secured a judgment from the Australian federal court that found the government has a duty to protect young people from climate change.

The federal court of Australia has found the environment minister, Sussan Ley, has a duty of care to protect young people from the climate crisis in a judgment hailed by lawyers and teenagers who brought the case as a world first.

Eight teenagers and an octogenarian nun had sought an injunction to prevent Ley approving a proposal by Whitehaven Coal to expand the Vickery coalmine in northern New South Wales, arguing the minister had a common law duty of care to protect younger people against future harm from climate change.

Justice Mordecai Bromberg found the minister had a duty of care to not act in a way that would cause future harm to younger people. But he did not grant the injunction as he was not satisfied the minister would breach her duty of care.

David Barnden, a lawyer representing the children, said it was a historic and “amazing decision” with potentially significant consequences.

“The court has found that the minister owes a duty of care to younger children, to vulnerable people, and that duty says that the minister must not act in a way that causes harm – future harm – from climate change to younger people,” he said outside court. “It is the first time in the world that such a duty of care has been recognised, especially in a common law country.”

He said Bromberg had indicated he would now take submissions before making further declarations about what the minister’s duty of care may mean for whether the mine extension could go ahead.

Whitehaven Coal had a different interpretation of the judgment. In a statement to the stock exchange, it did not mention the duty of care finding, and said it welcomed the court dismissing the teenagers’ attempt to block Ley from approving the mine extension.

“Our consistent position has been that this legal claim was without merit,” it said. “Whitehaven looks forward to receiving the … approval for the Vickery extension project and will keep the market updated as appropriate.”

Speaking for the children, 17-year-old Ava Princi said it was “thrilling and deeply relieving” that the justice had recognised the minister had a duty of care.

“I am thrilled because this is a landmark decision,” she said. “My future and the future of all young people depends on Australia stepping away from fossil fuel projects and joining the world in taking decisive climate action.”

She said though an injunction was not granted the case was “not over yet”. “There will be further submissions on what the duty of care means for the minister’s decision and the mine,” she said.

A spokesman for Ley said the government was considering the judgment and would have “more to say in due course”, but noted it rejected the application for an injunction against the minister to prevent her making a final decision on the mine extension.

The teenagers, led by the 16-year-old Melbourne student Anj Sharma and supported by Sister Brigid Arthur, an 86-year-old nun and former teacher who volunteered to be their litigation guardian, argued Ley would be breaching a common law duty of care if she used her powers under national environment laws to allow Whitehaven Coal to extend the Vickery mine.

The court heard the expansion of the mine could lead to an extra 100m tonnes of CO2 – about 20% of Australia’s annual climate footprint – being released into the atmosphere as the extracted coal is shipped overseas and burned to make steel and generate electricity.

In his judgment, Bromberg said the evidence presented to the court showed the potential harm the children could face due to global heating “may fairly be described as catastrophic, particularly should global average surface temperatures rise to and exceed 3C beyond the pre-industrial level”.

“Perhaps the most startling of the potential harms demonstrated by the evidence before the court, is that one million of today’s Australian children are expected to suffer at least one heat-stress episode serious enough to require acute care in a hospital,” he said.

“Many thousands will suffer premature death from heat stress or bushfire smoke. Substantial economic loss and property damage will be experienced. The Great Barrier Reef and most of Australia’s eastern eucalypt forests will no longer exist due to repeated, severe bushfires.”

Bromberg found that the minister had a common law duty to take reasonable care not to cause the children personal injury when using her powers under the Environment Protection and Biodiversity Conservation (EPBC) Act.

He did not grant an injunction to prevent the mine extension because he had “not been satisfied that a reasonable apprehension of breach of the duty of care by the minister has been established”.

The case is one of a number of climate-related litigation cases expected before Australian courts and tribunals in the months ahead as lawyers and activists aim to use the law to force change they say is not coming quickly enough from Canberra or state governments.

There have been a growing number of international cases that aim to hold governments to account for not doing more to address global heating.

In the latest on Wednesday, a court in the Hague ordered Royal Dutch Shell to cut its global carbon emissions by 45% by the end of 2030 compared with 2019 levels after finding the oil giant’s sustainability policy was insufficiently “concrete”.

The Anglo-Dutch company was told it had a duty of care and that the level of emission reductions of Shell and its suppliers and buyers should be brought into line with the Paris climate agreement. The case had been brought by Friends of the Earth and over 17,000 co-plaintiffs.

The International Energy Agency last week suggested there should be no new coal, oil or gas investments if the world was to keep open the possibility of meet the goals of the Paris agreement and reaching net zero global greenhouse gas emissions by 2050.

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