When asses go to law

In a bizarre twist to the tale of New Zealand’s climate sceptics and their strange obsession with the minutiae of the history of temperature measurement in New Zealand, it now emerges that they have lodged papers with the High Court [Stuff & NZ Herald, via NZPA], seeking to have the court rule that the National Institute for Water and Atmospheric Research (NIWA) should:

  • set aside NIWA’s decisions to rely upon its Seven Station Series (7SS) and Eleven Station Series (11SS), and to find the current NZTR [NZ temperature record] to be invalid
  • to prevent NIWA from using the current NZTR (or information originally derived from it) for the purpose of advice to any governmental authority or to the public
  • to require NIWA to produce a full and accurate NZTR [text from their press release]

The mind boggles. Just what is an “invalid temperature record”, and how on earth is a judge expected to rule on that? Given that NIWA has received funding to do a thorough re-working of the long-term temperature history of NZ, mainly as a result of the earlier kerfuffle, why are the cranks so keen to go to court now? Science is not done in law courts. Then there are questions to be asked about the organisation and funding of this legal effort, as well as questions about possible abuse of process and waste of taxpayer funds…

 

The genesis of this story goes back to November last year, when Richard Treadgold and the NZ Climate “Science” Coalition trumpeted the release of a “study” that showed (in Treadgold’s words):

We have discovered that the warming in New Zealand over the past 156 years was indeed man-made, but it had nothing to do with emissions of CO2 – it was created by man-made adjustments of the temperature. It’s a disgrace.

It was a shonky study, as I showed conclusively at the time, in what has proved to be the most widely-read Hot Topic post to date. NIWA’s response was to develop a new temperature series, using data from places where adjustments had either never been required or were very minor, and it demonstrated that warming was unequivocal — if anything slightly greater than in the original “seven station” series. Since then, Treadgold and the C”S”C have — with their friends in the far-right ACT Partytried to turn the affair into a scandal, with no success. This latest legal ploy is a transparent attempt to get some more mileage out of what should, by all sensible measures, be the deadest of dead horses.

The case is being brought not by the NZ Climate Science Coalition or Climate Conversation Group, but by a newly-incorporated charitable trust, the New Zealand Climate Science Education Trust. The trustees are NZ CSC stalwarts Terry Dunleavy and Bryan Leyland, together with relative newcomer Doug Edmeades. An application for charitable status was made at the end of July and it was granted on August 10th. The Deed of Trust can be read at the Ministry of Economic Development’s Societies and Trusts Online site: search for “2539286 – NEW ZEALAND CLIMATE SCIENCE EDUCATION TRUST”. The stated aims of the trust (section four of the trust deed) look innocuous enough, but include a standard “do what you like” clause: 4.2.8: Such other activities and enterprises to further the charitable purposes of the Trust as the Trustees may decide. The documents sent to the press over the weekend can be read, in lightly edited form, at Treadgold’s blog.

It’s clear that Dunleavy, Leyland and Edmeades have some questions to answer. Their “charitable trust” was registered on August 10th, and within days they had lodged their legal action with the court. Was the trust formed specifically to bring the action? I understand that using a trust to bring a legal action provides some protection for the litigants if they lose their case and find costs awarded against them. But if that is the real reason for the trust’s existence, then surely it cannot be regarded as a charitable trust? Whatever the law may say — and I am sure that Dunleavy and co will have had legal advice (C”S”C chairman Barry Brill is a retired lawyer) — it cannot be morally or ethically acceptable for them to hide behind or misuse a charitable trust in this way. It also demonstrates rather nicely that they have no confidence that their case will succeed…

There are also questions to be asked about the funding of this legal effort to discredit NIWA and its scientists. Legal advice isn’t cheap, especially when seeking to bring a case before the High Court. The NZ C”S”C has always been rather coy about its funding, maintaining that it’s just a group of interested individuals who volunteer their efforts. Nevertheless, it has strong links with the US think tanks organising and funding campaigns against action to reduce carbon emissions, and has developed close ties with the Rodney Hide’s ACT Party — one of whose most generous supporters is climate sceptic and multi-millionaire Alan Gibbs. Of course, the NZ C”S”C might just have had a sausage sizzle outside a North Shore New World, and a bit of a whip round their membership, but on Radio NZ National’s Morning Report this morning [at 8:13am] Bryan Leyland admitted that Gibbs was “one of our friends”.

The question of funding is particularly important, because any reasonably objective assessment of their statement of claim shows it to be highly unlikely to succeed. The summary attached to the NZ C”S”C press release is pretty tedious, but it’s worth taking a look at the second paragraph:

The official NZ Temperature Record (NZTR) […] the historical base for most Government policy and judicial decisions relating to climate change, wholly relies upon a “Seven-station series” (7SS), adopted in 1999.

You don’t to need to read any further, to be honest, because this is sufficient to establish the statement of claim as nonsense. As I’ve said before, the NZ temperature record is interesting, fascinating even for those of a meteorological or climatological bent, but there is no such thing as an “official” temperature record that has formed any sort of “historical base for most government policy and judicial decisions relating to climate change”. No NZ government of any flavour has ever relied on NIWA’s temperature series for anything much, certainly not used it as the basis for any policy. NZ government policy in this area depends far more on the international scientific and diplomatic context than it does on the temperature in Hokitika in 1890.

So if the case is pretty much certain to fail, why go to the expense of bringing it in the first place? It’s a waste of good money, surely? Dunleavy et al, and their mysterious backers, clearly disagree — and the reason’s obvious. This is not about science, or improving the NZ temperature record, it’s about attention seeking. Having failed to get the government to delay the introduction of the ETS at the beginning of July, the C”S”C and its “friends” are getting desperate. Like spoilt children, they’re pouting and screaming and throwing toys out of the pram.

The results of this hissy fit are predictable. My guess is that the court will refuse to consider the case — which will give the CSC another excuse for a loud public whinge. Questions in Parliament by Hide and Boscawen? A racing certainty, I reckon. But much judicial time and public money will have been wasted in the process, and the NZ temperature record will continue to show what it always has and always will do — significant warming over the last 100 years. Meanwhile the world will continue to warm

On fire inside a snowball

Fire: NOAA’s National Climate Data Centre has posted its report on global climate for July (press release). The combined global land and sea surface temperature of 16.5ºC was the second warmest in the NOAA record, 0.66°C above the average for the last 100 years of 15.8°C. The January to July period was the warmest in the record. The map below shows the anomalies for the month — spot the heatwave in Russia.

NOAA201007.gif

Meanwhile, NASA’s Goddard Institute for Space Studies (GISS) has posted its take on the the July numbers: What Global Warming Looks Like. Click on the thumbnail image at the top of the post to see their map of July temperatures. One striking point they comment on:

…the area warmer than climatology already (with global warming of 0.55°C relative to 1951-1980) is noticeably larger than the area cooler than climatology. Also the magnitude of warm anomalies now usually exceeds the magnitude of cool anomalies.

GISS also note that the 12-month running mean (below) of global temperature is well into record territory, and that it’s possible that calendar 2010 could also set a record.

GISSglobalrmJul2010.gif

Meanwhile, up North….

Continue reading “On fire inside a snowball”

Farming’s future in NZ: adapt or decline

How will our land-based primary industries manage the climate changes ahead? That’s the question addressed by chapter 3 in Climate Change Adaptation in New Zealand (pdf download here). The general impression given is that they won’t fare too badly provided appropriate adaptive measures are taken. The chapter, contributed by a team of nine, reports on modelling examples from the three major areas of forestry, arable farming and pastoral farming. It’s apparent that there is a level of complexity to farming operations which is very difficult to embrace in any study and the writers make it clear that much ongoing research will need to be undertaken. I’ll pick out a few salient points from the paper.

 

So far as forestry is concerned productivity is likely to be affected by changed CO2 levels, rainfall and temperature. Fire danger will increase in most areas of New Zealand. Increased severe winds are also predicted in some parts of the country. Pests and fungal diseases are likely to be strongly affected and the impacts of weeds and fungal pathogens could change, as could the establishment and distribution of insect pests.

The forestry modelling reported was focused on two common fungal diseases which affect forest productivity. One of the two diseases responds positively to aerial applications of copper oxychloride, and there may need to be changes to the way these are made as risk areas are identified. Other adaptation options for both diseases might include developing disease resistant genotypes, changing the regimes to modify the within forest microclimate (especially air movement and humidity), changing the tree species totally on at risk sites, and possibly moving the forests to less risky sites as the climate changes.

Adaptation strategies in general will involve normal forest practices and, provided a good understanding of the changes needed is obtained, the study concludes we should be able to maintain the health and productivity of our forests.

Arable farming is likely to benefit from climate change, provided nutrients and water supply are not limited. (That  struck me as a big proviso.) The advantages result from a number of factors. One is the fertilising effect of increased CO2 . Another is the rise in temperature causing crops to grow faster, be harvested earlier, and leave more options for subsequent crops. A warmer drier spring means soil dry enough for earlier cultivation and sowing operations.  An extended frost free period enables frost-sensitive crops to extend their range. And so on. A model run of one crop showed a 16% increase in yield by 2090 under the high carbon scenario and a 3 week earlier harvest.

But the water and nutrient caveat is important, particularly as most cropping occurs on the east coast, which is expected to see more hot, dry weather. Irrigation systems will need to be efficient, and crops with a deeper root system may fare better.  For although climate change increases yield potential and management flexibility in systems that have good water availability, it does the opposite for dryland systems and those with limited irrigation.  The paper notes that there remains significant uncertainty around the impacts of climate change on water flows in the major alpine rivers which underpin the east coast irrigation water supply.

Pastoral farming, the biggest contributor to New Zealand’s agricultural exports, was approached through modelling a Manawatu dairy farm. It was modelled on a single mid-range climate change scenario. Two soil types were modelled, clay and sand. Pasture production increases, especially between 2000 and 2030, were predicted, particularly in late winter, spring and summer.  Potentially this is due to increased temperatures and solar radiation and increased prevalence of C4 (warm season) grasses. But the C4 grasses led to a reduction in pasture quality during summer and spring.

Unadapted systems resulted in a decline in milk solids production per cow and per hectare in both 2030 and 2080, compared with 2000.  The picture changed when adaptation measures were undertaken. Key adaptation measures included a range of farm management decisions which included earlier calving and increased stocking rates.  With such measures the paper reported adaptation can be profitable and turn the potential negative of lower pasture quality into the positive of more production.  However the writers acknowledge that they did not consider the impacts of the recommended adaptations on significant environmental issues. More cows may increase nutrient and greenhouse gas losses from the farm.

It was such consequences that left me wondering how robust some of the adaptation measures may prove to be. Currently more cows mean more methane. Adaptation measures which also increase greenhouse gas emissions will surely be looked at askance by 2030. And the prospect of more nutrient run-off is fraught with environmental consequences. For arable farming the irrigation issue carries many questions likely to prove difficult of resolution. However there will no doubt be closer examination of these and other adaptation possibilities as time proceeds.  Presumably Federated Farmers will eventually emerge from its bunker and share in the process. The paper speaks of farm producers in New Zealand as innovative and adaptable and able to live with climate variability. But it points to climate change as more than variability when it goes on to ask whether those producers will be adaptable enough to manage a changing as well as variable climate. In the current mind-set of denial displayed by much of the farming community that seems to me an open question.

Fire and rain

The last few weeks have seen some extraordinary weather events around the world: relentless extreme heat in Russia, biblical flooding in Pakistan and devastating landslides in China. Tens of millions of people have had their lives disrupted and thousands have died, and — beyond reasonable doubt — global warming is playing a part in creating these extremes. But how much of a part? Michael Tobis asked this question in a recent post:

Are the current events in Russia “because of” “global warming”? To put the question in slightly more formal terms, are we now looking at something that is no longer a “loading the dice” situation but is a “this would, practically certainly, not have happened without human interference” situation?

The answer, at least in the case of the current extremes, would appear to be yes.

Continue reading “Fire and rain”

It breaks

petermann2010breakweb.jpg

The Petermann Glacier in northwest Greenland has calved a massive “ice island” from its floating tongue (the largest in northern hemisphere), as the MODIS image above demonstrates. The island is approximately 260 square kilometers in area, making it equivalent to (arbitrary choice of geographical comparison appropriate to blog) eleven Rangitoto Islands (or four Manhattans, or about one eightieth of the area of Wales), and broke off at the end of last week. It contains enough fresh water (being nearly 200m thick) to keep the USA supplied with tap water for 120 days. NOAA’s National Ice Centre provides another view, with the ice island outlined in red:

Continue reading “It breaks”