A hard road

The jury may have found the climate protestors at Ratcliffe-on-Soar coal power station guilty of conspiracy to commit aggravated trespass, but the judge in his sentencing yesterday clearly showed a good deal of sympathy with the offenders. The 18 activists received sentences ranging from 18 months conditional discharge to 90 hours unpaid work. Two of them received modest fines. Judge Jonathan Teare conceded the public may consider his sentencing “impossibly lenient”. But he said he had been put in a highly unique position given the moral standing of the campaigners.

“You are all decent men and women with a genuine concern for others, and in particular for the survival of planet Earth in something resembling its present form.

“I have no doubt that each of you acted with the highest possible motives. And that is an extremely important consideration.

“There is not one of you who cannot provide glowing references from peers or professionals. And if I select some of the adjectives that recur throughout they are these: honest, sincere, conscientious, intelligent, committed, dedicated, caring.”

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World on the Edge

Lester Brown has for years been unwavering and persistent in drawing attention to the gathering environmental dangers humanity faces and pointing to the alternative practices which might yet save us from the worst effects. His widely read Plan B books have appeared at regular intervals throughout the last decade. I reviewed the fourth of them on Hot Topic in 2009. A new book now published is shorter but no less urgent, as its title indicates: World on the Edge: How to Prevent Environmental and Economic Collapse.

He points to three areas where the foundations of human civilisation are under severe threat, particularly because of the effects on food production. Water is being overpumped from aquifers and the world’s farmers are losing the water war, with dangerous consequences for food production as harvests consequently shrink.  Soils are eroding and deserts expanding on an alarming scale, resulting in lowered soil fertility and contraction of land available for farming. Global warming is bringing a climate instability to which agriculture is not adapted, the threat of sea level rise which will shrink rice harvests in vulnerable areas, and changes to water supply from mountain glaciers already affecting farming negatively in some places.

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Greenpeace: speaking truth to power

I’d like to offer a post in praise of Greenpeace. I’m not an active member of the organisation, though I give modest financial support because I am often thankful for its clear voice and actions on climate change.  A look through Greenpeace NZ’s latest magazine reminded me of the range of its climate change concern and prompted this acknowledgement.

The backward-looking Gerry Brownlee receives short shrift in a piece which makes my criticisms of him on Hot Topic look timid by comparison. Here’s Greenpeace’s take on NZ reality:

“We are a renewable energy powerhouse with an embarrassment of riches in smart thinking, engineering and scientific capability which enables us to deliver world beating climate change solutions.”

Brownlee, instead of focusing government thinking and support on this reality, proposes:

“…that we reach for the pick axes and start digging for the black stuff – be it coal or oil. Come forth, explore, exploit and burn is his rallying cry as practically no part of God’s Own is exempt from the whims of the highest bidder.”

Brownlee is playing Russian roulette with our pristine coastlines, our international reputation and with the climate. Moreover his focus on resuscitating the dying fossil fuel industry is denying our clean tech companies (more than 250 of them) the opportunity to conquer the clean technology world. The government must wake up to the 21st century.

 

“It must make clean technology the foundation of long-term economic prosperity and, in doing so, send a clear signal to businesses both at home and abroad that we are serious about becoming a key player in a low carbon world.”

Elsewhere the magazine records that Greenpeace has called on the NZ government to permanently stop all plans to open up NZ’s coastal waters to offshore oil drilling and stop any expansion of coal mining. A petition to that effect is under way. Two actions have highlighted the call. A group of volunteers smeared with fake crude emerged from the sea at Muriwai in July (pictured).  A few days later a bathing-gear-clad group similarly smeared walked through downtown Wellington to deliver the first 18,000 signatures of the petition along with Greenpeace’s submission on the Review of the Crown Minerals Act.

Greenpeace NZ’s campaign against Fonterra for the dairy industry’s use of palm kernel grown on areas of destroyed rainforest has received media coverage, particularly through their disruptive action at the Auckland Fonterra offices. The magazine reports the evasiveness of Fonterra CEO Andrew Ferrier when asked if Fonterra supported deforestation in Indonesia “…we’ve got, um, plenty of people in our comms  department that you can talk to about that.” The “comms people” were meanwhile putting out a statement mentioning Fonterra’s supply partner who “we believe follows industry best practice in responsible sourcing.”  Greenpeace comments dryly that “we believe” is corporate speak for “don’t ask, don’t tell”. Typically Greenpeace were on the ground in Indonesia, researching the continued destruction of rainforest by the palm industry and the magazine includes Communications Manager Suzette Jackson’s account of her 27 hours in jail when caught documenting the evidence of widespread destruction.

These examples from the recent magazine are of course just the tip of the iceberg for Greenpeace’s ongoing activism on climate change backed by solid and well-researched reports such as one on the clean energy future possible for New Zealand, or the Greenpeace International publications on their climate vision. From the international level the magazine carried some remarks by Kumi Naidoo who became the Executive Director of Greenpeace in 2009. He describes climate change as without question the greatest threat any generation has had to face, and at one point speaks of the role of civil disobedience, often present in Greenpeace actions, in awakening governments to action on such a crucial matter.

“History tells us that whenever injustice arises – whether that be related to civil rights in the United States, New Zealand’s nuclear-free movement, a woman’s right to vote, Parihaka or the anti-Springbok tour protests – it was only when determined men and women were prepared to stand up and say, ‘Enough is enough, I am prepared to peacefully break the law and even go to prison to get our message across’, that change finally happened.

“When all other attempts at negotiation or discussion have faltered, organisations must have the option of turning to civil disobedience and non-violent direct action.”

It is this preparedness that gives Greenpeace’s advocacy the seriousness that climate change demands. All power to them as they continue the battle determinedly in the year ahead.

Hansen: shelter from the storm

James Hansen has long been a leading climate scientist and he is also an excellent communicator of the science to the public. What he had to say about the scientific picture in his recent interview with Bill McKibben, a different aspect of which I highlighted in yesterday’s post, is of interest for its clarity and for the bluntness of its affirmation of how CO2 levels in the atmosphere can be returned to safer levels. The book Hansen refers to in the course of the interview is his Storms of my Grandchildren. The interview is an addition to the latest paperback edition.

McKibben opens by asking about the large number of new national high-temperature records this year. Hansen replies:

“What we see happening with new record temperatures, both warm and cold, is in good agreement with what we predicted in the 1980s when I testified to Congress about the expected effect of global warming. I used coloured dice then to emphasize that global warming would cause the climate dice to be ‘loaded’. Record local daily high temperatures now occur more than twice as often as record daily cold temperatures. The predominance of new record highs over record lows will continue to increase over the next few decades, so the perceptive person should recognize that climate is changing.”

 

It doesn’t need big hikes in average global temperature to cause major changes.

“The last time Earth was 2 degrees warmer so much ice melted that sea level was about twenty-five meters (eighty feet) higher than it is today.”

He recognises the strength of weather variability and warns that it will be increased by global warming:

“But remember that weather variability, which can be 10 to 20 degrees from day to day, will always be greater than average warming. And weather variability will become even greater in the future, as I explain in the book, if we don’t slow down greenhouse gas emissions. If we let warming continue to the point of rapid ice sheet collapse, all hell will break loose. That’s the reason for ‘Storms’ in the book title.”

McKibben then asks about “climategate”, to a robust response from Hansen. An excerpt:

“The NASA temperature analysis agrees well with the East Anglia results. And the NASA data are all publicly available, as is the computer program that carries out the analysis.

“Look at it this way: If anybody could show that the global warming curve was wrong they would become famous, maybe win a Nobel Prize. All the measurement data are available. So why don’t the deniers produce a different result? They know that they cannot, so they resort to theft of e-mails, snipping private comments out of context, and character assassination.

“IPCC’s ‘Himalayan error’ was another hoax perpetrated on the public. The perpetrators, global warming deniers, did a brilliant job of playing the scientifically obtuse media like a fiddle…

“IPCC scientists had done a good job of producing a comprehensive report. It is a rather thankless task, on top of their normal jobs, often requiring them to work sixty, eighty, or more hours per week, with no pay for overtime or for working on the IPCC report. Yet they were portrayed as incompetent or, worse, dishonest. Scientists do indeed have deficiencies—especially in communicating with the public and defending themselves against vicious attacks by professional swift-boaters.

“The public, at some point, will realize they were hoodwinked by the deniers. The danger is that deniers may succeed in delaying actions to deal with energy and climate. Delay will enrich fossil fuel executives, but it is a great threat to young people and the planet.”

Asked about whether we can stop the process of increasing warming and the tipping point dangers it brings with it, whether we can stabilize the situation, Hansen responds:

“We can estimate what is needed pretty well. Stabilizing climate requires, to first order, that we restore Earth’s energy balance. If the planet once again radiates as much energy to space as it absorbs from the sun, there no longer will be a drive causing the planet to get warmer. Restoring planetary energy balance would not immediately stop sea level rise, but it should keep sea level rise small. Restoring energy balance also would prevent climate change from becoming a huge force for species extinction and ecosystem collapse.

“We can accurately calculate how Earth’s energy balance will change if we reduce long-lived greenhouse gases such as carbon dioxide. We would need to reduce carbon dioxide by 35 to 40 ppm (parts per million) to increase Earth’s heat radiation to space by one half watt, if other long-lived gases stay the same as today. That reduction would make atmospheric carbon dioxide amount to about 350 ppm.”

There are additional reasons for the 350 ppm target, one of them being ocean acidification; Hansen refers to ocean biologists concluding that for the sake of life in the ocean we need to aim for an atmospheric carbon dioxide amount no higher than 350 ppm.  However Earth’s energy balance is the criterion that provides the most fundamental constraint for what must be done to stabilize climate.

McKibben remarks that his organisation, 350.org, meets opposition from some activists who demand an even lower target of 300 ppm or the pre-industrial 280ppm. But Hansen replies that all we can be sure of at present it that it should be ‘less than 350 ppm’, and that is sufficient for policy purposes:

“That target tells us that we must rapidly phase out coal emissions, leave unconventional fossil fuels in the ground, and not go after the last drops of oil and gas. In other words, we must move as quickly as possible to the post–fossil fuel era of clean energies.

“Getting back to 350 ppm will be difficult and will take time. By the time we get back to 350 ppm, we will know a lot more and we will be able to be more specific about what ‘less than 350 ppm’ means. By then we should be measuring Earth’s energy balance very accurately. We will know whether the planet is back in energy balance and we will be able to see whether climate is stabilizing.”

He goes on to explain that it is difficult to specify at this stage an eventual value for CO2 because there are other human-made climate forcings. Methane and tropospheric ozone in the air are among them, and realistic reductions of those gases would alleviate somewhat the amount by which we must reduce CO2.The cooling effect of atmospheric aerosols is likely to be lessened as we improve air quality. It would be foolish to demand a CO2 reduction to 280 ppm at this stage of our understanding.

One of the things Hansen says we must do in our scaling back to 350 ppm is not to go after the last drops of oil and gas. It was rather deflating, therefore, as I was preparing this post to see that today’s NZ Herald carries an upbeat report on the prospects for petroleum exploration in New Zealand waters as the price of oil rises. All the more depressing to see the comments on how exploration-friendly the NZ government is regarded as being.

A Merrill Lynch spokesperson, describing New Zealand as a “sweet spot” for exploration, said the royalty regime in this country was attractive.

“People believe that if you find stuff the Government won’t try and screw them over with an unfriendly tax arrangement.”

Indeed the Government is pro-actively formulating a petroleum action plan to encourage more drilling. It appears to be pursued with a good deal more purpose than any plan to encourage renewable energy development.

What does the government reply to Hansen when he says the world must not go after the last drops of oil and gas?  That these are not the last drops? That we don’t believe you? For that matter in possibly allowing the development of the Southland lignite fields what is it saying to the even more pressing need, in Hansen’s view, to rapidly phase out coal emissions?

We should keep pressing such questions on the NZ government. We must not allow them to thumb their noses at the science.

Children of the future

You are suggesting that we file suit against the government? That’s the question Bill McKibben puts to James Hansen in the course of a recent interview. “Precisely,” replies Hansen.

“Begging Congress to be responsible does not work. Exhorting the president to be Churchillian does not work.

“On the contrary, Congress has passed laws and the executive branch has defined and carried out policies that trample on the future of young people. Consider the subsidies of fossil fuels and the permission that is given to the fossil fuel industry to use the atmosphere as an open sewer without charge. We cannot let the government pretend that it does not realize the consequences of its actions.”

He then goes on to speak of a basis for suing the government as described by Law Professor Mary Wood of the University of Oregon and others.

 

“She shows that the Constitution implies a fiduciary responsibility of governments to protect the rights of the young and the unborn. She describes what she calls atmospheric trust litigation. Suits could and should be brought against not only the federal government but also state governments, and perhaps lower levels—and in other nations as well as the United States.”

Earlier in the interview he was talking to McKibben about civil disobedience, and explaining that he prefers the term peaceful civil resistance. Hansen himself has taken part in acts of civil resistance, and is still awaiting trial on one of the charges. It was in that context that he recalls that it was action by the US courts which finally signalled an end to segregation.  There were massive acts of non-violent civil resistance at the time, which helped to get the courts involved. It was the courts which opened the door to real progress because they had the ability to order desegregation under the equal protection provision of the Constitution. Eventually lawmakers became involved. He connects that time with the current situation:

“Courts ordered desegregation to achieve civil rights of minorities. Similarly, if a court finds that a government is failing in its obligations to young people, the court can require that government to submit plans for how it will reduce its emissions. Courts have authority to require governments to report back at intervals on the success of their actions and to define corrective actions if they fail to achieve specified reduction.”

Hansen considers that the legislative and executive branches of US government are not going to solve the problem on their own. He used to think that the problem was that governments did not understand what the science was telling us and its urgency.

“But I learned in my interactions with governments in several nations that the governments are not ignorant of the climate problem, they are not unaware of the need to move on promptly to clean energies. Yet at most they set goals and take baby steps because they are under the strong influence of fossil fuel interests. There are too many people profiting from our addiction to fossil fuels—and they have a huge influence on our governments.”

The courts, the judiciary branch of government, Hansen considers to be less influenced by fossil fuel money than the legislative and executive branches, and should be able to respond to the climate issue as they did in the past to such issues as segregation.

“Human-made climate change now raises a moral issue as momentous as any that the courts have considered in the past. Today’s adults are reaping the benefits of burning fossil fuels while leaving the consequences to be borne by young people and future generations. Are my grandchildren, and other young people, included in the category of ‘any person’ and thus deserving equal protection of the laws? A positive answer, I believe, is obvious.”

(‘Any person’ refers to the Fourteenth Amendment of the Constitution which Hansen had previously quoted: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”)

If suits are brought, and the courts are willing to respond, Hansen recognises the need for definition of the emissions trajectory required to avoid dangerous human-made climate change. He reports that he is currently working with his colleagues to define the necessary emissions scenario. Their paper will be titled “Sophie, Connor, Jake and Lauren versus Obama and the United States Congress.” (The names are those of his grandchildren.) Although the task is not yet completed he says it is clear that the requirement will be an annual emissions reduction of several percent per year.

Wow,” says McKibben. “Let’s say the court instructs the government to reduce emissions so as to yield a safe level of greenhouse gases, which would mean getting carbon dioxide back below 350 ppm. Is it practical to achieve such a scenario?”

Absolutely, in Hansen’s view, but only if the government is honest and produces policies which result in actual reductions in fossil fuel emissions, not phony offsets. In the interview he goes on to elaborate his view of the carbon taxes by which this would be achieved. But we won’t follow him further in this post, which was intended to highlight the judicial recourse which he, along with others, is obviously now considering. The interview also includes at an earlier stage reflections on the science which are worth attention, and I intend taking them up in a succeeding post.

What hope it is realistic to attach to recourse to the courts in the US, those of us who live outside the US can probably only wonder. But we can certainly wish it might prove to be a fruitful approach if it is employed. The lack of cohesion in US policy is utterly dismaying for those who realise the escalating danger in which the world stands from human-caused global warming.

The interview with McKibben is reproduced as an added section to the new paperback edition of Hansen’s book Storms of My Grandchildren (2009 edition reviewed on Hot Topic).  The royalties from all sales of the book go to the organization 350.org which McKibben helped found and which Hansen considers has demonstrated the most effective and responsible leadership in the public struggle for climate justice.

[Steve Miller Band]