Ethics and Climate

Donald Brown

New Paper: Step By Step Procedures that Nations Should Follow to Determine, Explain, and Evaluate their GHG Reduction Commitments Under the Paris Agreement

Status

A.Urgent Need For Greater Understanding Among Nations and Civil Society of How Nations Should Formulate and ExplainTheir NDCs under the Paris Agreement.

Research conducted by Widener University Commonwealth Law School and the University of Auckland concluded not surprisingly that when 24 governments identified greenhouse gas (GHG) reduction targets they ignored their legal duties to set a national target on the basis of preventing dangerous anthropogenic climate change, equity, and common but differentiated responsibilities in light of national circumstances under the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement. In all cases, this research concluded that nations inappropriately took national economic self-interest into account in establishing their GHG reduction target. (Nationclimatejustice.org) while not clearly explaining how their GHG reduction targets were formulated on the basis of what was required of nations under law. This conclusion was not surprising to the researchers. But what was very surprising was that the vast majority of NGOs in these countries appeared not to understand how a nation should quantitatively formulate a target in light of its nondiscretionary and discretionary duties under the UNFCCC and the Paris Agreement. Without an understanding of how a nation should formulate and explain its GHG emissions reduction target, nations and civil society will not be able to effectively evaluate a nation’s NDC.

It is this writer’s view that the widespread ignorance around the world about how a nation should set a GHG target is attributable to the fact that although nations have been setting GHG targets for many years, only recently have they had to expressly respond to the Paris Agreement’s warming limit goals and to in so doing take the equity requirements of the Paris Agreement seriously while at the same time being clear and transparent in how they responded to there obligations under the Paris Agreement. Up until recently, a nation could set a GHG target without considering how much of a shrinking carbon budget that remains to achieve a warming limit goal the nation was going to allocate to itself on the basis of equity. Very few nations, if any, have expressly formulated their national GHG reduction targets on the basis of a carbon budget that remained to achieve a warming limit goal.

Because the Paris Agreement’s success depends on nations being clear and transparent in explaining how they formulated their Nationally Determined Contributions (NDCs) under the Paris Agreement, yet there is widespread ignorance around the world on how nations should formulate their NDCs to comply with their obligations under the Paris deal, there is an urgent need to help nations and civil society around the world understand how a nation should formulate its NDC to comply with their obligations under the Paris Agreement.

B. A New Paper Explains How Nations Should Formulate and Justify their NDCs under Paris Agreement

To meet this need, a new paper describes 4 steps in detail that all governments should follow to comply with their legal obligations under the Paris Agreement as well as the information that nations should include with their NDCs about how they formulated their NDCs, which information is necessary to comply with the clarity and transparency requirements of the Paris Agreement.

The four steps are:

(1) Select a global warming limit to be achieved by the GHG emissions reduction target. The description of this step also explains the need of nations to explain why it chose a warming limit goal greater than the 1.5 degree C goal but no less than 2.0 degree warming limit goal.

(2) Identify a global carbon budget consistent with achieving the global warming limit at an acceptable probability. The paper includes a description of how a nation should identify a carbon budget to achieve a warming limit goal and other considerations relevant to identifying a carbon budget on which the GHG reduction target will be based.

(3) Determine the national fair share of the global carbon budget based upon equity and common but differentiated responsibilities and respective capabilities. This section of the paper does not resolve all controversies about how to interpret equity under the Paris Agreement, although it does identify principles identified by IPCC that nations should follow in applying equity to guide their GHG reduction target and information that nations should include with their NDC that explains how they applied discretion in determining what equity requires of the nation.

(4) Specify the annual rate of national GHG emissions Reductions on the pathway to net zero emissions.This section explains that because different amounts of shrinking carbon budgets will be consumed by how long it takes a nation to achieve a quantitative GHG emissions reduction amount, nations need to explain the nation’s reduction pathway over time to determine how much of a global budget available for the whole world the nation is allocating to itself.

The paper also explains why expressly following these steps is necessary to ensure that a nation’s NDC is sufficiently transparent to allow the Paris Agreement’s “stocktake” and “transparency mechanism” processes achieve their goal of increasing national ambition if necessary to achive the Paris Agreement’s warming limit goals.

In addition to describing the steps nations should follow in formulating their NDC, the paper includes a chart which summarizes information that should be supplied with their NDC when it transmits the NDC to UNFCCC, information necessary to make the Paris Agreement’s transparency requirementts work and information necessary to evaluate the adequacy of the NDC under the Paris Agreement.

By:

Donald A. Brown

Scholar in Residence and Professor

Sustainability Ethics and Law

Widener University Commonwealth Law School

dabrown57@gmail.com

What Advocates of Strong Government Action on Climate Change Should Learn from Sociology

Posted on July 24, 2016 by dabrown57

This is the 3rd entry in a series that has been examining the practical significance for climate change policy formation of insights of sociologists about the failure of governments to respond to the enormous threat of climate change.

This series is reviewing a new book about the social causes of climate change. The book is Climate Change and Society, Sociological Perspectives by Riley Dunlap and Robert Brulle, eds., Oxford University Press, 2015, New York.

In the first entry in the series, we described why sociological explanations for the success of the opponents of climate change policies and identification of deep ethical and moral problems with arguments made by climate change policy opponents largely have been missing from mainstream climate change literature and the media coverage of human-induced warming issues.

In the second entry in this series, we looked at the insights from sociology about the morally reprehensible climate change disinformation countermovement.

We now review what advocates of strong government action on climate change should learn from sociologists. We note that the Dunlap/ Brulle book contains many other issues about the sociology of climate change than those discussed in this series. However, advocates of climate change policy should:

1. Pay attention to and educate others on how civil society’s understanding of climate change issues has been manipulated by powerful forces, that is, help citizens see the wizard behind the curtain who has been projecting a false understanding of climate change matters.

In the first entry in this series, we reviewed the conclusions of sociologists summarized in the Dunlap/Brulle book about why most of the climate change literature relevant to relevant to changing the dangerous path the world was on assumed that the primary challenge was to motivate individuals to respond to the danger of climate change described by scientists. Therefore, many of not most climate policy advocates focused on how to improve messaging about climate change policies or how to we incentivize individual behavioral change through the use of economic incentives.

We also explained that for over 30 years, proponents of action on climate change mostly focused on responding to the arguments made by opponents of climate change that government action on climate change was unjustifiable due to scientific uncertainty and high costs of proposed climate policies.

Because motivating individual behavior to engage in activities that don’t produce GHGs was assumed to be the major challenge to improve government responses to climate change, proponents of climate change policies have largely relied on the disciplines of economics and psychology, two disciplines which claim expertise on how to motivate individual behavior, to make policy recommendations on how to change individual responses to climate change. Yet sociologists warn that individuals almost always make decisions in response to the cultural understanding of the problem of concern. Therefore, large scale individual behavioral change on climate change is not likely as long as many people are influenced by the cultural narrative pushed by the opponents of climate change that climate change science is uncertain and that proposed responses to climate change will create great unacceptable damage to a nation’s economy.

Therefore, those working to improve government and individual responses to climate change should adjust their tactics to respond to the insights of sociologists that have concluded that citizens need to understand how the cultural understanding of climate change has been shaped by powerful actors who have used sophisticated tactics to achieve support for their position that climate change policies should be opposed on the basis of scientific uncertainty and unacceptable costs to the economy. It is not enough for proponents of climate change policies to simply make counter scientific and economic “factual” arguments to the scientific and economic claims of the climate change policy opponents, advocates for climate policies need to help citizens understand what interests are responsible for the disinformation that is the basis for the false arguments made by opponents of climate change policies, why the tactics used the opponents of climate change policies are morally reprehensible, and why the arguments of those opposing climate change policies will continue to create huge injustices and immense suffering in the world.

As we explained in on this website many times, although skepticism in science is a good thing, opponents of climate change participating in the denial countermovement have engaged in a variety of morally reprehensible tactics that have included:

(a) lying about or acting with reckless disregard for the truth of climate change science,

(b) cherry-picking climate change science by highlighting a few climate science issues about which there has been some uncertainty while ignoring enormous amounts of well-settled climate change science,

(c) using think tanks and front groups to manufacture claims about scientific uncertainty about climate science which have not been submitted to peer-review,

(d) hiring public relations firms to undermine the public’s confidence in mainstream climate change science,

(e) making specious claims about what constitutes “good” science,

(f) creating front groups and fake grass-roots organizations known as “Astroturf” groups that hide the real parties in interest behind opposition to climate change policies, and

(g) cyber-bullying scientists and journalists who get national attention for claiming that climate change is creating a great threat to people and ecological systems on which life depends.

These tactics do not constitute responsible scientific skepticism, but morally reprehensible disinformation (For a discussion of these tactics and why they are morally reprehensibility, see, An Ethical Analysis of the Climate Change Disinformation Campaign: Is This A New Kind of Assault on Humanity?)

The United States and some other countries are nations where a culture of individualism dominates, cultural understanding which often hides the role that politically powerful actors play in formulating public policy. On this issue, the new book on sociology and climate change states:

Psychological and economic perspectives on climate change can easily be misused to reinforce the societal tendency to focus on individuals as both the primary cause of, and solution to climate change. (Brulle, R. and Dunlap, R., 2015. p. 10 ) …..These disciplines assume that addressing the human dimensions of climate change is in essence a matter of incentivizing, persuading and encouraging individuals to do their bit and to quit the habit of excessive resource consumption. This approach leads to an emphasis on addressing climate change by changing individual behavior via financial incentives or disincentives or through various communications efforts aimed at promoting lifestyle changes that reduce carbon emissions. (Brulle, R. and Dunlap, R., 2015, p. 10 )

The notion of autonomous individuals responsible for their personal choices is widely held among US policymakers, the media and the general public and is of course quite compatible with the assumptions of economics and psychology. But simply pursuing strategies to motivate individual behavioral change without helping citizens understand how the cultural understanding of climate change was manufactured by morally indefensible strategies, does little to change the cultural understanding of the problem held by many.

Proponents of climate change policies need to help citizens see who is the wizard behind the screen which has over and over again been making false claims about the lack of scientific grounding for the conclusions that humans are responsible for creating huge climate change threats. Proponents of climate change policies need to achieve greater understanding of and focus on who is funding the false claims of the opponents of climate change policies, and how they are organized and communicate, what tactics they have and continue to use to propagate a false narrative, and how the actions of politicians who resist action on climate change are linked to the the climate change denial countermovement.

In the last month,19 US Senators led by Senator Sheldon Whitehorse have begun to publicize the role of fossil fuel coal companies in misleading citizens on climate change (See Web of Denial). This political effort has been made possible by the sociological work of Dunlap, Brulle, and McCritte, among others. And so there is a growing body of sociological work that is now available to help citizens understand how the cultural understanding of climate change has been manipulated at the federal level in the United States and in several other countries. However, additional sociological analysis is needed to better understand how opponents of climate change policies have successfully manipulated the government response to climate change at the State and local level in the United States and other countries, matters which the Dunlap/Brulle book acknowledges.

Simply improving messaging in accordance with recommendations of psychologists or following the recommendations of economists to create economic incentives to engage in less GHG producing behavior will not likely create strong citizen support for climate change policies unless citizens better understand that the narrative created by opponents of climate change policies about high levels of scientific uncertainty and unacceptable harm to the economy from the adoption of climate policies is not only false but has been manufactured by fossil fuel companies and other entities which have economic interests in continuing high levels of fossil fuel consumption. Advocates of climate policies need to help citizens understand that the wizard behind the curtain has been the fossil fuel industry, their industry organizations, free-market fundamentalists foundations, and the politicians who represent the interests of and are often funded by these groups.

As we have seen, in the first two entries in this series, the new book edited by sociologists Dunlap and Brulle includes information on how participants in the denial countermovement have prevented governments from responding to climate change by undermining the scientific basis on which claims about the urgent need to take action. The participants in the countermovement have attacked climate models, paleoclimatic data on which warming trends are based, modern temperature records, mainstream scientists who have claimed there is an urgent need to act, and manufactured bogus non-peer-reviewed climate science claims which they have then widely publicized in books and pamphlets, and then widely circulated the publications to journalists and politicians, tactics which have succeeded in getting the disinformation propaganda widely distributed by friendly media. (Dunlap, R., and McCright, 2015, p. 306–307).

The climate denial countermovement has also blocked critical reflection on and serious debate about climate change through other strategies which seek to promote the idea that civil society will be better off if climate change policies are not adopted. These strategies have included funding politicians that will promote the interests of participants in the climate change denial countermovement, placing people sympathetic to the interests of the fossil fuel industry in positions of authority in government institutions with regulatory authority, limiting the budgets of government environmental agencies in ways that prevent government action on climate change, orchestrating political opposition to climate change legislation through funding campaigns and lobbying efforts, and stroking the fear of individuals about adverse economic effects of climate change legislation (Dunlap, R., and McCright, A., 2015, p. 306–307).

As we have seen in the first entry in this series, opponents of climate change policies have also successively tricked proponents of climate change policies and the media covering climate change issues to focus on “factual” scientific and economic arguments while ignoring the deep moral and ethical problems with these arguments.

Advocates of climate change policies need to better educate civil society about how opponents of climate change policies are actually preventing government action on climate change. On these issues. sociological research can be helpful in explaining what has happened to prevent government action on climate change..

Sociologists can help citizens understand how the concentrated wealth of the opponents of climate change policies have created an enormous inequality in the ability of different groups to participate in public decisions about climate change. For this reason, advocates of climate change policies need to publicize the details of how the opponents of climate change use the political processes open them to achieve their goals and why the opportunity for citizen involvement in climate change policy formation is often hindered by institutional structure and processes.

2. Help civil society better understand the ethical and moral limits of the economic narrative discourses which are dominating civil society’s understanding of the acceptability of climate change policies.

The Dunlap/Brulle book explains how the discourse of neoliberal economic ideology has dominated political approaches to society’s problems.(Dunlap, R. and McCright, A. 2015, p. 304) This ideology holds that civil society is better off if market capitalism is left alone and unimpeded by regulations that interfere with the generate of wealth. Advocates of neoliberal ideology value individual rights. private property, laissez-faire capitalism, and free enterprise (Dunlap, R. and McCright, A. 2015, p. 302). Because neoliberal ideology has dominated political life in many countries including the United States, many if not most proponents of climate change policies have advocated for “market” based solutions to climate change such as carbon taxes or cap and trade programs. Yet market ideology often ignores moral and ethical questions such as on what justice and fairness considerations should the burdens of reducing GHG emission be allocated. Yet questions of distributive justice about which nations should bear the major responsibility for most GHG reductions at the international level have and continue to block agreement in international climate negotiations, as well as questions about which countries should be financially responsible for adaptation costs and damages in poor countries that are most vulnerable to climate change’s harshest climate impacts and who have done little to cause the problem.

The failure of nations to consider act on what equity and justice requires of them to reduce the threat of climate change has been at the very center of the most contentious disputes in international climate negotiations (See, Brown, 2013, On the Extraordinary Urgency of Nations Responding To Climate Change on the Basis of Equity).

Many proponents of strong climate change policies that advocate for market based solutions have largely ignored the many obvious ethical and equity questions raised by climate change and as result the mainstream press has largely ignored these issues despite the fact that these issues are at the center of international disputes over climate change. Also despite the fact that the positions that the United States and several other countries have frequently taken in Internationale climate negotiations have clearly flunked minimum ethical scrutiny, the US media has largely ignored the ethical and justice issues raised by the US response to climate change. (See Brown, 2012, A Video: Even Monkeys Get Climate Change Justice. Why Don’t Governments and the Press?)

The Dunlap/Brulle book acknowledges that the dominant scientific and economic discourses framing the climate debate “reinforces the existing socio-politico-economic status quo” and “removes moral and political considerations from the discussion” (Brulle. R., and Dunlap. R. 2015, p.12). Yet, unless the ethical and justice issues raised by climate change are seriously considered by nations when they formulate their international emissions reductions commitments under the UNFCCC, the international community is not likely to find a global solution to prevent potential enormous damages from human-induced warming (See, On The Practical Need To Examine Climate Change Policy Issues Through An Ethical Lens)

For these reasons, proponents of strong climate change policies should expressly integrate ethical and moral considerations into their analyses of climate change policies. Ignoring these issues will likely continue to be responsible for the lack of media coverage of these issues, despite the fact that there is an enormous need at the international level for nations to respond to climate change at levels consistent with what justice requires of them if a global solution to climate is become viable.

In addition, every national GHG emissions reduction target is implicitly a position on the nation’s fair share of safe global emissions. Therefore, nations must face the question of what does fairness and justice require of it when formulating national climate policy, yet issues of justice and fairness are virtually absent from US media coverage of US climate policy. Also, the magnitude of GHG emissions reductions committed to by a nation is implicitly a position on how much warming damage a nation is willing to inflict on others around the world, a matter which is a moral issue at its core.

The failure to identify the ethical and moral dimensions of a nation, state, or regional governments GHG reduction target an invitation to hide profound moral and ethical issues behind scientific “factual” matters thus preventing public debate about what justice and morality require of governments.

3. Educate civil society about climate change issues in ways that will promote and sustain a social movement about climate change.

Sociology studies how large scale social change is produced by social movements (Caniglia, B.,S., Brulle, R. and Szasz, 2015, p. 235). Given the civilization challenging nature of climate change, many observers of the failure of governments to respond to the threat of climate change have concluded that creating a strong social movement on climate change is the best hope of preventing catastrophic harm from human-induced warming given the enormity of the challenge facing the world. For this reason, proponents of strong climate change policies should work consciously to build and sustain a social movement to aggressively reduce GHG emissions mindful of what works to make social movements arise, become effective, and be sustained..

Sociology has developed an extensive and robust literature on the process of social change driven by citizen mobilization, including the development and advocacy of alternative policy perspectives, the creation of new organizations, how these organizations can affect both corporate actions and public policy (Caniglia, B.,S., Brulle, R. and Szasz, S.. 2015, p. 235).

The most basic way that social movements change the social landscape is by framing grievances in ways that resonate with members of civil society (Caniglia, B.,S., Brulle, R. and Szasz,S., 2015, p.237). Because a high percentage of the arguments made by most proponents of climate change policy have been focused on adverse climate impacts that citizens will experience where they live, while ignoring the harms to hundreds of millions of vulnerable poor people around the world that are being affected by GHG emissions from all-high emitting nations, along with claims that mainstream climate science is credible and has been undermined by morally reprehensible tactics, there is a need to make more people aware of:

(a) the catastrophic harm that their GHG producing activities are imposing on others around the world;

(b) that government action to reduce the threat of climate change has been consistently blocked by the disinformation created by the fossil fuel industry;

(c) that the campaigns of politicians who support the fossil fuel industry have often been funded significantly by fossil fuel money;

(d) that the fossil fuel industry funded disinformation campaign has resulted in almost a 30 year delay which has now made it much more difficult to prevent catastrophic harm; and,

(e) and that every day that action is not taken to reduce greenhouse gas emissions, it makes the problem more difficult to solve.

Proponents of climate change policies need to stress the enormous damages that the fossil fuel industry is inflicting on poor people around the world and the gross unfairness of high-emitting nations such as the United States on international climate issues because an understanding of basic unfairness will help build and sustain a social movement on climate change

Social movements focus members of civil society on particular dimensions of social problems of concern and provide their publics with clear definitions of those problems, along with arguments regarding who is at fault and what options exist for solving their social grievances. (Caniglia, B.,S., Brulle, R. and Szasz, S., 2015, p.237) For this reason, proponents of climate change policies should seek to widely educate civil society about who has funded the numerous participants in the climate change countermovement and the morally reprehensible tactics that they have used.

Although sociologists have now documented which corporations, corporate industry groups, and free-market fundamentalists foundations and institutions have been most responsible for the spread of climate change disinformation at the national level in the United States and a few other countries, knowledge about who is blocking climate change action at the state and local level has not yet widely been developed. Proponents of climate change policies should seek to assure that civil society understands what corporations, institutions, and foundations have been responsible for climate change disinformation and which politicians have advanced the interests of these groups at the national level and seek to better understand, perhaps working with sociologists, entities and politicians most responsible for resistance to climate change policies at the state and regional level.

To create and sustain a social movement on climate change, it is not enough for advocates of climate change policies to counter the false scientific and economic claims of climate change policy opponents, they must constantly seek to educate civil society about the causes of the grave injustices that climate change is causing if they seek to build and sustain a social movement on climate change.

References:

Dunlap, R., and McCright, A., (2015) Challenging Climate Change, The Denial Countermovement in Dunlap, R., and Brulle, R. (eds.) (2015). Climate Change and Society, Sociological Perspectives, New York, Oxford University Press

Dunlap, R., and Brulle, R, (eds.) (2015). Climate Change and Society, Sociological Perspectives, New York, Oxford University Press

Caniglia, B., S., Bruelle, R., Szasz,A., (2015). Civil Society, Social Movements, and Climate Change, in Dunlap, R., and Brulle, R. (eds.) (2015). Climate Change and Society, Sociological Perspectives, New York, Oxford University Press

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainable Ethics and Law

Widener University Commonwealth Law School

dabrown57@gmail.com

Insights from a New Book on Sociology and Climate Change: The Heinous Denial Countermovement

Posted on July 19, 2016 by dabrown57

This is the second entry in a three part series on sociological insights about the social causes of climate change in a new book on sociology and climate change. The book is Climate Change and Society, Sociological Perspectives by Riley Dunlap and Robert Brulle, eds., Oxford University Press, 2015, New York.

In the first entry in this series, we described the new book’s contributions to understanding why a sociological understanding of the cause of climate change and reflection on the deep ethical and moral problems with the arguments of the opponents of climate change policies are mostly missing from the dominant climate change literature and the media coverage of global warming. This entry looks at the books conclusions of how mainstream climate change science has been undermined by opponents of climate change policies and thereby changed the cultural understanding of climate change, initially in the United States, and later, in other countries.

The above illustration depicts, in a very abbreviated and sketchy form, that as the scientific evidence of the threat from human-induced climate change became stronger over a 40-year period and as the US political opposition to climate change policies successfully fought to prevent the adoption of robust US climate policies, the atmospheric concentration of CO2 rose from below 320 ppm (parts per million) to current levels of over 400 ppm. (For a much more rigorous analysis of the role of the climate change policy opposition in US climate policy formation see, Brown 2002, chap 2 and Brown 2012, chap 2 and numerous articles on this website under the category of “disinformation campaign” and Chapter 10 of Dunlap and Brulle, 2015)

Before reviewing the contributions of the new book to understanding how powerful interests undermined proposed national responses to climate change through the creation of a countermovement, we note the enormity of the damage that has been caused by the over three decade delay in responding to climate change which is attributable to the success of this climate denial countermovement.

Now that: (a) atmospheric concentrations of CO2 are in excess of 403 ppm, (b) the world agreed to try and limit warming to 1.5 degrees C in Paris at COP21 under the UNFCCC to prevent potentially catastrophic harm to hundreds of millions of poor, vulnerable people around the world and the ecosystems on which they depend, (c) to stay within the 1.5 degrees C warming limit will require rapid civilization challenging GHG emissions reductions in most countries, and (d) these needed reductions are so steep that it may be impossible to stay within a carbon budget that must constrain global GHG emissions to prevent warming from exceeding the limit, the denial countermovement discussed in this the book is likely responsible for enormous amount of harm around the world particularly to those poor people who are most vulnerable to rising seas, storm damage, drought, floods, vector borne disease, killer heat waves and,acidifying oceans. For this reason, the denier countermovement is not just a morally and ethically reprehensible phenomenon, but a heinous global tragedy.

Although the new book on sociology and climate change contains many insights about how economically powerful entities have changed the cultural understanding of climate change and thereby prevented the United States and some other countries from responding to the growing threat of climate change, one chapter, in particular, titled Challenging Climate Change, The Denial Countermovement describes how some fossil fuel companies, corporations that depended on fossil fuel, business organizations, and free-market fundamentalist foundations successfully prevented government action on climate change (Dunlap, R., & McCright, A., 2015. p. 300).

Before describing this chapter’s contribution to understanding how the climate disinformation campaign accomplished its goals of preventing the regulation of fossil fuel, we note that this website includes 17 entries on the climate change disinformation campaign which both explain many aspects of this campaign and importantly distinguish the tactics of this campaign from legitimate climate skepticism (See, Start Here and Index Tab above under Disinformation Campaign and Climate Ethics).

On this website, we have consistently noted that scientific skepticism is the oxygen of the scientific method and should be encouraged even on climate change issues. On the other hand, the tactics of the climate change disinformation campaign are deeply morally reprehensible strategies designed to undermine mainstream climate change science. The tactics have included:

(a) lying about or acting with reckless disregard for the truth of climate change science,

(c) using think tanks to manufacture claims about scientific uncertainty about climate science which have not been submitted to peer-review,

(d) hiring public relations firms to undermine the public’s confidence in mainstream climate change science,

(e) making specious claims about what constitutes “good” science,

(f) creating front groups and fake grass-roots organizations known as “Astroturf” groups that hide the real parties in interest behind opposition to climate change policies, and

(g) cyber-bullying scientists and journalists who get national attention for claiming that climate change is creating a great threat to people and ecological systems on which life depends.

As we have explained in many articles on this website, these tactics are not responsible skepticism but morally reprehensible disinformation. (See for instance, An Ethical Analysis of the Climate Change Disinformation Campaign: Is This A New Kind of Assault on Humanity?)

The Dunlap/Bruelle book refers to the climate change disinformation campaign as a countermovement. A countermovement is a sociological term for a social movement that arises in response to another social movement that threatens the interests of those who form the countermovement. The climate change countermovement arose when those corporations and organizations who were threatened by calls for governments to take action to reduce the threat of climate change organized themselves to protect their economic interests that would be threatened by regulation of fossil fuels. The climate denial countermovement is often identified as an extention of an anti-environmental countermovement that began to form after Earth Day in 1970 when some corporations and free-market fundamentalists foundations reacted to the large number of environmental laws that were passed in the early 1970s at the beginning of the modern environmental movement.

The chapter in the new Dunlap/Brulle book on the climate denial countermovement both reviews some previously published sociological analyses of this countermovement and contains new information on how powerful economic interests have undermined government policy-making on climate change.

The Dunlap/Brulle book asserts that efforts to deny climate change began to get organized in the United States shortly after James Hansen testified in the US Senate in 1988 that climate change was already visible, testimony which put climate change squarely on the US public agenda (Dunlap, R. and McCright, A., 2015, p. 300). The book further claims that organized denial continued to grow and reached an unprecedented level in 2009 when the newly elected Obama administration and the Democratically controlled Congress increased the likelihood of US action to reduce greenhouse gas emissions with the result that no climate change legislation was enacted. The book claims that these efforts have continued relatively unabated since then (Dunlap, R. and McCriight, A., 2015, p.300). Further, climate change denial has become a virtual “litmus test“ for Republican politicians, strongly enforced by elements of the conservative movement (Dunlap, R. and McCriight, A., 2015, p. 300).

The book outlines the historical and cultural conditions that have provided fertile soil for the climate denial countermovement including the rise of the anti-government sentiment in the United States that grew with the Presidency of Ronald Reagan. This analysis attributes the displacement of Keynesian economics from the late 1940s until the 1970s by the anti-regulatory economics of neoliberalism as responsible for a fundamental shift in governing philosophy that significantly reduced constraints on capital accumulation and growth. This created a “global growth imperative” that was hostile to the kind of government regulation required to reduce the threat of climate change (Dunlap R., and McCright, A., 2015, p 303).The authors stress that an understanding of the success of the denial countermovement requires some understanding of the growth of the global economic system and its ideological grounding by conservative politicians (Dunlap, R. and McCright, A., 2015, p. 303).

The chapter asserts that leading fossil fuel corporations (most notably ExxonMobil and Peabody Coal, industry associations (e.g. for example American Petroleum Institute and Western Fuels) initially led efforts to deny climate change. (Dunlap R. and McCright, A., 2015, p 310). These fossil fuel actors were joined by a wide range of other corporations and business associations to fund climate science deniers and Conservative Think Tanks and various groups promoting climate change science denial (Dunlap R. and McCright, A., 2015, p. 310).

The book explains some corporations and their allies viewed the rise of the environmental movement in the1970s with alarm and as a result opposition to environmental programs developed particularly in the American West where battles over access to natural resources raged and became a component of a wider conservative countermovement that was born in the 1970s in reaction to the progressivism of the 1960 (Dunlap, R. and McCright, A., 2015, p 304).

The chapter also notes that the international environmental policy agenda in the early 1990s, symbolized by the 1992 Rio “Earth Summit,” greatly threatened conservatives’ and industries’ neoliberal agenda and unfettered global markets (Dunlap. R. and McCright, A., 2015, p. 305).

The book claims that conservatives in the United States learned from the Reagan administration’s experience that it was unwise to attack environmental protection directly, given that Americans were generally supportive environment protection (Dunlap, R. and McCright, A., 2015, p.306). As a result, the book claims the conservatives and their industry allies learned to prevent the implementation of government policies that might threaten their political and economic interests by undermining the scientific foundations of environmental policy proposals (Dunlap R.and McCriight, A., 2015, p.306). As result conservatives seized upon the strategy of “manufacturing uncertainty” that had been previously effectively employed for several decades by corporations and entire industries, most notably the tobacco industry in efforts to protect their products from regulations and lawsuits by questioning the scientific adequacy of claims that their products were hazardous (Dunlap, R. and McCright, A., 2015, p.306). As a result, conservatives began labeling science supporting the need to regulate industry to protect the environment as “junk science.” This strategy became the favored tactic employed by conservatives and their industry allies when government showed interest in expanding environmental regulation and the major focus of attempts to prevent the adoption of climate change policies in the early 1990s (Dunlap, R. and McCright, A., 2015, p.306).

The book explains that participants in the denial movement undermined the public’s confidence in climate change science by attacking the validity of climate models, the use of paleoclimate data to establish climate trends, attacked individual climate scientists and scientific institutions, published dubious non-peer reviewed climate science reports, funded self-proclaimed climate scientists exporters, and many other tactics that manufactured scientific uncertainty.

The book explains why the complexity of climate change science made it particularly vulnerable to a strategy of manufacturing uncertainty designed to defeat proposed government regulation of industry and to create public controversies about the science (Dunlap, R. and McCriight, A., 2015, p.309).

The book also explains how the denial countermovement has evolved, changed, and expanded over the past quarter-century, changes that included new key actors, supporters, and tactics while the basic strategy of manufacturing uncertainty has expanded into manufacturing public controversy about climate science up until the present (Dunlap, R. and McCright, A., 2015, p.309).

The book also identifies the major participants in the denial countermovement which include portions of the fossil fuel industry and corporate America, conservative think tanks, a relatively small number of contrarian scientists, front groups and Astroturf organizations, conservative politicians and media, and the denial blogosphere (Dunlap, R. and McCriight, A., 2015, p.309).

The book also describes how the denial countermovement which began in the United States was diffused internationally to countries including the United Kingdom, Canada, Australia, and recently into several European countries including France, Sweden, and the Netherlands (Dunlap R. & McCriight, A., 2015, p.316)

The chapter on the denial countermovement ends with an acknowledgment that further sociological research is necessary to better study the evolving countermovement’s components, strategies, and tactics not only within individual nations but also across nations to better understand how this phenomenon has become a full-fledged global advocacy network.

The last post in this series will identify the importance of sociological insights about government responses to climate change for advocates of climate change policies.

References:

Brown, D. (2002) American Heat: Ethical Problems With the United States Response to Global Warming, Roman and Littlefield.

Brown, D. (2012) Navigating the Perfect Moral Storm, Climate Change Ethics, Routledge/Earthscan.

Dunlap, R., and Brulle, R, (eds.) (2015). Climate Change and Society, Sociological Perspectives, New York, Oxford University Press

By:

Donald A. Brown

Scholar in Residence and Professor

Widener University, Commonwealth Law School

dabrown57@gmail.com

Insights from New Book on Sociology and Climate Change.

Posted on July 16, 2016 by dabrown57

This is the first in a series of three posts that will identify important insights about the social causes of climate change in a new book that examines climate change through the lens of sociology. This new book is Climate Change and Society, Sociological Perspectives by Riley Dunlap and Robert Bruelle, Oxford University Press, 2015, New York.

This book explains, among other things: (1) why sociological analyses of the causes of climate change as well as the identification of the serious ethical and moral problems with arguments of opponents of climate change policies have largely been missing from most climate change literature, (2) how certain corporations, industry organizations and free-market fundamentalist foundations have successfully prevented governments from adequately responding to climate change, and (3) how the failure to look at the causes of climate change through a sociological lens has partially blinded climate change policy advocates from a deeper understanding of the social causes of climate change and thereby prevented the development of potentially effective strategies to increase government responses to climate change

Before discussing the insights of this new important book, we note that many entries on this blog site have explained that for over 30 years opponents of climate change policies have mostly made two kinds of arguments in opposition to climate change policies. First, they have argued that proposed policies designed to lessen the threat of human-induced climate change should be opposed because there has been inadequate scientific support for the conclusion that human activities are causing climate change harms which are threatening humans and ecological systems on which life depends. Second, opponents of climate change policies have made a variety of economic arguments that proposed climate change policies were too expensive, would destroy jobs, decrease national GDP, or otherwise would impose unacceptable costs on the nation’s economy.

In the United States and in a growing number of countries around the world these scientific uncertainty and unacceptable economic impact arguments have dominated disputes about proposed climate change policies since the mid-1980s. Proponents of climate change policies have almost always responded to these claims by disputing the factual claims about scientific uncertainty or unacceptable cost made by climate change policy opponents. And so, proponents of climate change policies have inadvertently allowed opponents of climate change policies to frame the public policy debate so as to limit the public controversy about climate change to disputes about scientific and economic “facts.” Largely missing from this three decade debate have been analyses of why the arguments of climate change policy opponents are not only factually flawed but ethically and morally bankrupt. Although a climate change ethics and justice literature has been growing for over a decade, the public debate about climate change has largely ignored strong ethical and moral problems with the scientific and economic arguments that have been the consistent focus of the opponents of climate change policies.

Until the last few years, also largely missing from the public debate about climate change has been serious analyses of which organizations and interests have been most responsible for the arguments made by the opponents of climate change, who funded these organizations, what tactics have they used, and how can we understand that success of the climate change policy opposition in undermining serious responses to the growing threat of climate change. In other words, missing from the public discussion about climate change has been serious analyses of how the opponents of climate change policies have successfully blocked government responses to climate change despite increasingly louder and more intense calls from the mainstream scientific community that government urgently must act to prevent catastrophic harms from climate change. That is, largely missing from the climate change debate has been any sophisticated analyses of how self-interested corporations. organizations, and ideological foundations have been able to manipulate a democracy to prevent the government from responding to a huge potential threat, matters which are the domain of the discipline of sociology.

Sociologists often seek to understand how self-interested minority groups within society can frequently hide the ethical and moral problems with their arguments by framing important public controversies in such a way that the ethical and moral problems raised by their arguments are hidden from public scrutiny. This framing works to hide the ethical and moral problems with arguments made by the opponents of government action to solve social and environmental problems by tricking the public to debate “factual” claims, such as those made by scientists or economists, as if there were no moral or ethical problems with these claims. As a result, in the case of climate change, rather than debating whether it is morally acceptable for some people to put large numbers of other people at great risk from catastrophic harm on the basis that there’s some scientific uncertainty that the catastrophe will happen, the public is tricked into narrowly debating whether the catastrophe will happen with high levels of scientific certainty even in cases where waiting until all the uncertainties are resolved with high levels of confidence will likely make it too late to prevent the catastrophic harm. Rather than examining wether it is morally acceptable to delay action on climate change when delay will make the problem worse and the people most at risk have no say on whether to delay response action until scientific uncertainties are resolved, the public is tricked into debating the uncertainty. Rather than debating whether it is morally acceptable for one government to impose catastrophic harm on hundreds of millions of other people, citizens are tricked into arguing about the magnitude of the economic costs that will be experienced by the country causing the harm if response action is taken.

As a result, in the United States, ethical and moral problems with the scientific uncertainty and unacceptable cost arguments made for over three decades by opponents of climate change policies have very rarely appeared in the US public debate about climate change that has been followed by the media. Although there has been a growing literature on the ethical and moral problems with arguments made by opponents of climate change policies and agreement among most ethicists that the arguments of most opponents of climate change are morally bankrupt, the mainstream climate change literature has rarely looked at the arguments of opponents of climate change policies through a moral lens.

And so, one of the reasons why ethical problems with the arguments most frequently made by opponents of climate change policies have neither rarely appeared in the dominant climate change literature nor become part of the public debate about what a country like United States should do in response to the threat of climate change is because economically powerful opponents of climate change policies have successfully narrowly framed the issues that have been discussed in the public debate, a common problem in democracies recognized by sociologists.

Also, largely missing in the public debate about climate change until very recently, has been sociological analyses of how those opposed to climate change have successfully created a social context about climate change, that is a cultural understanding of the problem in which individuals form opinions, Sociologists understand that culture is not fixed and and can change over time often in response to powerful forces that seek to affect widespread cultural understanding of a problem. Because individuals make decisions in light of the information about the problem provided by their culture, individual decisions about problems are often influenced by those who have sought to change the cultural understanding of the problem.

Although sociologists have begun in the last decade to explain how a climate change countermovement, a sociological term which will be discussed in the next entry in this series, has successfully influenced the cultural understanding of climate change in the United States, very little of the sociological explanation of how this countermovement has succeeded in influencing the public’s understanding of climate change has appeared in the mainstream literature about climate change nor in media coverage of human-induced warming because the media also has largely reported on issues raised by opponents of climate change, namely, claims about scientific uncertainty and unacceptable costs of taking action.

The absence of sociological insights on how economic power has distorted the public’s understanding of climate change is most striking in the work of organizations such as the Intergovernmental Panel on Climate Change (IPCC) that study climate change primarily through a scientific lens although they also have responsibility for making policy recommendations to decision-makers and in so doing have obligations to synthesize the relevant socioeconomic literature that should be considered by decision-makers.

In its first four assessments in 1990 (IPCC, AR1), 1995 (IPCC, AR2) , 2001(IPCC, AR4), and 2007 (IPCC, AR4), IPCC in its summary of relevant socioeconomic literature relevant to climate change relied almost exclusively on economic analyses of policy issues, rather than on the ethics and justice and justice literature. In fact, in this regard, in the IPCC’s 5th Assessment Report in 2014 (IPCC, AR5), in a new chapter on the Social, Economic, and Ethical Concepts, IPCC admitted expressly that in prior IPCC Reports “ethics has received less attention than economics, although aspects of both are covered in AR2.” (IPCC, AR5, Working Group III, Chapter 3, pg. 10) Yet the treatment of ethics in IPCC Working Group III in AR2, was hardly a serious consideration of the implications of ethical and justice principles that should guide climate change policy given that the vast majority of text in this report was focused on traditional economic analyses which assumed that climate policy should maximize efficiency rather than assign responsibility for reducing the threat of climate change or pay for harm to those poor most vulnerable countries that have done little to cause climate change on the basis of justice. In fact, the AR2 report includes many statements that would lead policy-makers to conclude that it is perfectly permissible to determine the amount of ghg emissions reductions any nation should be required to achieve solely on economic considerations. For instance, AR 2 says expressly that: “there is no inherent conflict between economics and most conceptions of equity.” (IPCC, 1995, AR2, Working Goup III, pg. 87) Moreover. any fair reading of prior IPCC reports would conclude that policymakers were encouraged by IPCC to base policy on economic considerations such as those determined in cost-benefit analyses. Yet, as we have explained many times on this website. cost-benefit analysis used as a prescriptive tool for policy-making on climate change raise many serious ethical problems. (See, for example, Brown, 2008, Ethical Issues in the Use of Cost-Benefit Analysis of Climate Change Programs )

Why has economics and psychological literature dominated the work of IPCC whose mission includes synthesizing the relevant socioeconomic literature for policy-makers? The new Dunlap/Brulle book attributes the dominance of economics and psychology literature in the work of IPCC to the fact that the major focus of IPCC is science. Organizations like IPCC which are dominated by scientists after determining what needs to be done scientifically to reduce the environmental harm look to disciplines that offer advice on how to motivate individuals including economics and psychology to enact the responses to the problems that scientists have described need to be implemented (Brulle, R., & Dunlap, R., 2015, p. 8-9). And so the discipline of economics, which often assumes that individuals can be motivated to act by appealing to their economic self-interest, and psychology, which also focuses on how individuals can be motivated to change their individual behavior by appropriate messaging, have dominated the social science literature on climate change because scientific organizations like IPCC have turned to disciplines that offer potential strategies for motivating individual behavioral change after the scientific organizations explore precisely what needs to be done. These disciplines do not examine how powerful groups in society frame public policy issues in a way that hides ethical problems with status quo approaches to societal problems nor how economically dominant groups shape government’s and civil society’s potential responses to societal problems by changing the cultural understanding of the problem, concerns which in the social sciences are the domain of sociology. Because the vast majority of climate change social science literature is focused on motivating individual behavioral change, ethical criticisms of economic rationality and analyses of how “value-neutral” discourses including economics have come to dominate approaches to solving climate change have played a very small role in the social science literature that IPCC has attempted to synthesize.. Explaining this phenomenon Brulle, R. & Dunlap, R. (2015), p. 8 conclude that:

An analysis of the social science literature finds that economics is the most widely represented social science discipline in climate research. Fundamental to economic analysis of climate change is the “rational actor” model embedded in the discipline. The object of the analysis is the individual and the decisions and principles that each individual brings to the marketplace. Given the widespread societal influence of economics, it comes as no surprise that it has been highly influential in climate change research.

For these reasons it is not surprising why IPCC has allowed economic considerations to dominate much of its analyses of to reduce climate change’s great threat in its first four assessments.

IPCC’s work initially defines what needs to be done scientifically to prevent climate change’s jharm and it should be expected that it would turn to the two disciplines that claim they understand how to motivate individuals to do what needs to be done, namely economics and psychology. Yet these disciplines have little to offer about how the cultural understanding of climate change has been deeply influenced by those with strong economic interests in maintaining the status quo nor invite citizens around the world to examine responses to climate change from the lens of ethics and morality.

Although, IPCC has made some improvement in covering ethics and justice in its 5th Assessment, much improvement is still needed (Brown, 2014).

The next entry in this series will examine the insights from the Dunlap/ Brulle book about how the climate change denial countermovement influenced the cultural understanding of climate change initially in the United States and later in other parts of the world.

References:

Brown, 2014, IPCC, Ethics, and Climate Change: Will IPCC’s Latest Report Transform How National Climate Change Policies Are Justified? https://ethicsandclimate.org/2014/05/02/ipcc-ethics-and-climate-change-will-ipccs-latest-report-transform-how-national-climate-change-policies-are-jusified/

Brulle, R., & Dunlap, R., (2015) Sociology and Climate Change, Introduction, in Dunlap, R., and Brulle, R, (eds.) (2015). Climate Change and Society, Sociological Perspectives, New York, Oxford University Press

Dunlap, R., and Brulle, R, (eds.) (2015). Climate Change and Society, Sociological Perspectives, New York, Oxford University Press

Intergovernmental Panel on Climate Change (IPCC, AR!), (1990), IPCC, First Assessment Report. AR1, The IPCC Response Strategies, retrieved from http://www.ipcc.ch/publications_and_data/publications_ipcc_first_asasssessment_1990_wg3.shtml

Intergovernmental Panel on Climate Change (IPCC, AR2), (1995), Second Assessment Report, AR2, Working Group III, Economic and Social Dimensions of Climate Change, retrieved from https://www.ipcc.ch/publications_and_data/publications_and_data_reports.shtml#1

Intergovernmental Panel on Climate Change (IPCC, AR3) (2001) IPCC, Third Assessment Report. The IPCC Response Strategies, retrieved from http://www.grida.no/publications/other/ipcc_tar/

Intergovernmental Panel on Climate Change (IPCC, AR4) (2007) IPCC, Fourth Assessment Report, Working Group III,, retrieved from https://www.ipcc.ch/publications_and_data/ar4/wg3/en/contents.html

Intergovernmental Panel on Climate Change (IPCC, AR5) (2014), 5^th Assessment Report, Contribution of Working Group III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change, retrieved from http://www.ipcc.ch/report/ar5/wg3/

By:

Donald A. Brown

Scholar in Residence and Professor,

Widener University Commonwealth Law School

dabrown57@gmail.org

Issues the Media has Poorly Dealt With About the Paris Climate Deal: The Enormity and Urgency of the Climate Threat that has been Exacerbated by Political Opposition to Climate Policies

Posted on December 28, 2015 by dabrown57

I. Introduction

This article explains the first two of several issues that citizens need to understand to evaluate appropriate national responses to climate change after the Paris Agreement. Although the mainstream media in the United States and other developed countries has widely reported on some aspects of the Paris Agreement, this series will describe important issues that are largely being ignored by press coverage of the Paris deal.

The first issue is why a 25-year delay in responding to increasingly stronger scientific warnings of the danger of human-induced climate change has made the problem much more threatening. The second is the urgency of the need for hard-to-imagine action to dramatically reduce greenhouse gas (ghg) emissions at all scales, that is globally, nationally, and locally, but particularly in high-emitting nations such as the United States in light of the limited amount of ghgs that can be emitted by the entire world before raising atmospheric ghg concentrations to very dangerous levels and in light of the need to fairly allocate ghg emissions reductions obligations around the world.

Media in the US has accurately reported on some positive aspects of the Paris deal including:

a. 186 nations have made commitments to reduce the threat of climate change although nations conceded in Paris that current commitments need to be upgraded to prevent dangerous climate change.

b. All nations agreed to limit the increase in global average temperatures to “well below 2 °C above pre-industrial levels” – the level beyond which scientists believe the Earth will likely begin to experience rapid global warming and to “pursue efforts to limit the temperature increase to 1.5 °C above pre-industrial levels”, a warming amount which may also cause serious global harms particularly to many poor, vulnerable nations. Also the Paris Agreement says by the second half of this century, there must be a balance between the emissions from human activity such as energy production and farming, and the amount that can be captured by carbon-absorbing “sinks” such as forests or carbon storage technology.

c. All countries agreed to submit updated plans that would ratchet up the stringency of emissions by 2020 and every five years thereafter.

d. Nations agreed to report to each other and the public on how well they are doing to implement their targets and to track progress towards the long-term goal through a robust transparency and accountability system.

e. Developed countries agreed to provide funding to help developing countries make the costly shift to green energy and shore up their defenses against climate change impacts like drought and storms and rich nations must report every two years on their finance levels — current and intended. The document refers $100 billion a year that rich countries had previously pledged to muster by 2020 as a “floor”. Under the new agreement the amount must be updated by 2025.

The Paris Agreement has been widely and accurately portrayed in the mainstream media as creating a policy framework that has the potential to reduce the threat of climate change if nations greatly step up to what they have committed to do. (This framework could have been tightened by including more specific language on several issues proposed by some countries but rejected by others on such matters as human rights, losses and damages, legal effect of the agreement, and financing of adaptation among others, yet the framework includes provisions that these issues can be considered in the years ahead.) However, the enormity of the challenge facing humanity from climate change and the special responsibilities of high-emitting developed nations in particular has not been covered in the mainstream press at least in the United States.

II. The Urgency and Enormity of the Need to Reduce GHG Emissions

Although the mainstream media has widely reported on the fact that the national ghg emissions reductions that were made before the Paris COP are not sufficient to limit warming to 2 degrees C, the media, at least in the United States, has been largely failing to report on the urgency and enormity of the need to rapidly reduce ghg emission globally and how further delays in taking action will dramatically make the problem much more threatening.

Looking at the delay caused by the climate change policy opposition in the United States is illustrative of the harm caused by political opposition to climate change policies worldwide.

The above illustration depicts, in a very abbreviated and sketchy form, that as the scientific evidence of the threat from human-induced climate change became stronger over a 40-year period and as the US political opposition to climate change policies successfully fought to prevent the adoption of robust US climate policies, the atmospheric concentration of CO2 rose from below 320 ppm (parts per million) to current levels of over 400 ppm. (For a much more rigorous analysis of the role of the climate change policy opposition in US climate policy formation see Brown 2002, chap 2 and Brown 2012, chap 2 and numerous articles on this website under the category of “disinformation campaign.”)

The rise in atmospheric CO2 levels is, of course, not only attributable to the US ghg emissions, yet the United States has played a major blocking role in preventing international action on climate change up until the recent more constructive role of the Obama administration which recently made commitments before the December Paris meeting to reduce US CO2 emissions by 26% to 28 % by 2025 below 2005 levels. However these new US commitments have not yet been implemented in the United States, and even if fully implemented still don’t represent the US fair share of safe global emissions (see report on US INDC. The US commitment, because it is based on a 2005 baseline, masks the fact that is only a mere 13-15 per cent below 1990 levels by 2025, the baseline used by most of the world. For a discussion of the problems with the Obama administration commitment see report Captain America)

Furthermore, the Obama administration’s commitments still face strong opposition from the US climate change political opposition and are very likely to be rejected if a Republican becomes the next US President in 2016. Furthermore as long as US ghg emissions are exceeding the US fair share of safe global emissions, US ghg emissions are making the already very perilous climate change threat worse.

A detailed description of the climate change disinformation campaign that is responsible for much of the political opposition that has been largely responsible for the over 25-year US delay in responding to the scientific warnings about the threat of climate change is beyond the scope of this article but has been extensively discussed on this website under the category of “disinformation campaign.”

To fully understand the nature of the harm caused by this delay it is necessary to understand the policy implications of a “carbon budget” that must limit global emissions to avoid dangerous warming levels. .

To understand the policy implications of a carbon budget it is helpful to see the atmosphere as like a bathtub to the extent that it has limited volume and has been filling up with ghg so that atmospheric concentrations of CO2 have been rising in proportion to human activities which release ghgs.

CO2 levels remained relatively stable for 10,000 years before the beginning of the industrial revolution at approximately 280 ppm (the lower line in the bathtub). Human activities have been responsible from elevating CO2 atmospheric concentration levels to the current concentration of approximately 400 ppm (the second line from the bottom of the tub). Although there is considerable scientific evidence that limiting warming to 1.5 degrees C is necessary to prevent very dangerous warming, a fact implicit in the recent Paris Agreement in which nations agreed to work to keep warming as close as possible from exceeding 1.5 degrees C additional warming, if the international community seeks to limit warming to 2 degrees C it must assure that global emissions do not exceed the number of tons of CO2 emissions that will raise atmospheric concentrations to levels that will cause warming of 2 degrees C. This number, that is the number of tons of CO2 emissions that can be emitted before atmospheric concentrations exceed levels that will cause dangerous climate change, is what is meant by a carbon budget.

This illustration, using figures from the most recent 2014 IPCC report, depicts that because only 800 gigatons of CO2 can be emitted by humanity before creating a 66% probability that a 2 degree C warming limit will be exceeded and humans have by 2011 already emitted 530 gigatons of CO2, there are only 270 gigatons of CO2 that may be emitted after 2011 to limit warming to 2 degrees C. (For a more detailed explanation of these figures see, Pidcock 2013)

The enormity of the challenge for the international community to keep warming from exceeding dangerous level can be understood by the fact that the remaining carbon budget is so small, that is approximately 270 gigatons of CO2, and current global ghg emissions are in excess of 10 gigatons per year and still rising, which means that even if the international community could stabilize global CO2 emissions levels there would be nothing left to allocate among all nations in 23 years. This grim fact is even bleaker if the international community concludes that it should limit warming to 1.5 degrees C, a conclusion that might become more obvious if current levels of warming start to make positive feedbacks visible in the next few years such as methane leakage from frozen tundra or more rapid loss of arctic ice.

The concept of the carbon budget explains why waiting to reduce ghg emissions levels to a certain percentage in the future is more harmful than rapid reductions earlier because the longer it takes to reduce emissions the more the remaining budget is consumed. For this reason, a joint research project between Widener University Commonwealth Law School and the University of Auckland recommended in Paris that national climate commitments be stated in tons of emissions over a specific period rather than percent reductions by a given date because waiting to the end of specific period to achieve percent reductions will cause the total tons of ghg emitted to be higher than if reductions are made earlier.

The enormous significance of the carbon budget can be seen from the following chart prepared by the Global Commons Institute.

Source, Global Commons Institute

The illustration depicts the enormity and urgency of global emissions reductions that would be necessary to limit warming to 1.5 or 2.0 degrees C given the steepness of the reductions curves necessary to limit warming to 2.0 degrees C with a 50% probability (the red dotted line), 2.0 degrees C with a 66% probability (the blue dotted line), and 1.5 degrees C (the green dotted line). The steepness of these curves superimposed on actual national ghg emissions levels is an indication of the enormity of the challenge for the international community because the emissions reduction curves are much steeper than reductions that can be expected under projections of what current national commitments are likely to achieve if fully implemented. The steepness of these reductions curves is somewhat controversial because any calculation of a carbon budget which determines the steepness of the the needed reduction curve must make assumptions about when positive feedbacks in the climate system will be triggered by rising temperatures, yet these controversies are reflected in giving different probabilities about the likelihood of achieving a specific warming limit. Yet even carbon budgets which have been discussed in the carbon budget literature which have assumed lower amounts of positive feedback yield very. very steep reduction curves.

The enormous increase in the magnitude of the challenge that has been caused by delay given the limited carbon budget can be seen from a recent statement of Jim Hansen who said that “the required rate of emissions reduction would have been about 3.5% per year if reductions had started in 2005 and continued annually thereafter, while the required rate of reduction, if commenced in 2020, will be approximately 15% per year. Without doubt every delay in reducing ghg emissions makes the problem more difficult and more expensive to solve. For this reason, all nations should aim to reduce ghg emissions as quickly as possible and any nation which opposes doing so on the basis of scientific uncertainty should be asked if the nation is willing to take full legal and financial responsibility for harms caused by any delay.

III. On the Additional Need to Make National GHG Emissions Allocations on the Basis of Equity

The above chart also helps explain the gross unfairness of requiring all nations to reduce by the same percentage reduction rates to achieve the globally needed emissions reductions because some nations are emitting at vastly higher per capita rates and some nations are responsible much more than others for raising atmospheric ghg concentrations to current dangerous elevated levels which are now in excess of 400 ppm CO2. .If each nation had to reduce their ghg emissions only to conform to the rates described in the reduction curves in the above chart despite their steepness, it would lead to grossly unfair results because of great differences among countries in per capita and historical emissions levels and urgent needs to increase energy consumption to escape grinding poverty in poor developing countries.

Per capita carbon levels by nations

The above chart gives some indication of huge differences in nations in per capita ghg emissions. If nations must reduce their ghg emissions by the same percentage amount, then such an allocation will freeze into place huge differences in per capita rights to emit ghg emissions into the atmosphere. If, for instance, the United States and India are required to reduce ghg emissions by the same percentage amount, for instance 90%, then the US per capita emissions of approximately 20 tons CO2 per capita would allow US citizens to emit CO2 at the rate of 2 tons per capita while the current India per capita emissions of approximately 1.8 tons per capita would mean that the Indian citizens could emit only at the rate 0.18 tons per capita even though India needs to dramatically increase its energy use to assure that hundreds of millions of people economically rise out of grinding poverty and India has comparatively done little to cause the existing problem. This result is clearly grossly unfair particularly in light of the fact that India has emitted far less tons of CO2 than most developed countries and therefore is less responsible for causing the existing problem than many developed nations. If some consideration for historical responsibility is not taken into account in allocating national responsibility for ghg emissions reductions, then those poor nations which have done very little to create the current threat of climate change will be required to shoulder a greater burden of needed global ghg emissions obligations than would be required of them if responsibility for the existing problem is not taken into account. As a result, although there are reasonable differences of opinion among nations about how to consider historical national ghg emission in determining national ghg emissions reductions allocations, including when, for instance, historical responsibility should be measured, almost all equity frameworks agree that prior levels of ghg emissions must have some consideration in national ghg allocations.There is also reasonable disagreement in the equity literature about what weight should be given to other matters that are widely considered to be valid considerations in determining fairness including the economic capability of rich countries to pay for ghg emissions reductions technologies and per capita considerations.

Yet unless fairness is taken into account in allocating national ghg targets necessary to prevent dangerous climate change, those nations who are mostly responsible for current elevated atmospheric ghg concentrations will not be held responsible for their past ghg emissions while nations who have done almost nothing to cause the rise of atmospheric concentrations will be held equally responsible for lowering emissions.

Source, Word Resources Institute

From the above illustration it can be seen that the United States and the EU are more responsible for raising atmospheric concentrations to current dangerous levels than than the rest of the world combined.

Many opponents of climate change policies argue that countries like the United States should not have to reduce their ghg emissions until China reduces its emissions by comparable amounts because China is now the largest emitter of all nations in terms of total tons, yet such an argument usually ignores the historical responsibility of countries like the United States which the following illustration reveals is more than twice as responsible for current elevated atmospheric ghg concentrations than China is. (For a discussion of the fact that there are both a strong ethical and legal arguments that explain why no nation may use the claim that it need not reduce its ghg emissions until other nations do so, see, Brown 2012 p 214 )

Source, Hansen, Evaluating Dangerous Climate Change

Although there is a difference of opinion in the “equity” literature about how to consider valid equity considerations including per capita, historical emissions levels, and the economic capabilities of nations to fiance non-fossil energies, all nations agree that national commitments about ghg emissions reductions must consider fairness.

For this reason the Paris Agreement calls for nations to reduce their ghg emissions “to reflect equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.” (Paris Agreement, Article 2)

In other words, the international community has agreed that national ghg emissions reductions commitments must be based on “equity” or “fairness.”

And so as a matter of international law under the Paris Agreement, national commitments to reduce ghg emissions must be based on achieving a warming limit as close as possible to 1.5 degrees C but no greater than 2 degrees C, a requirement often referred to as the level of “ambition” but national commitments also must be based on “equity” or “fairness.” Although there are some reasonable disagreements among many engaged in climate policy debates about what “equity” or “fairness” requires, all nations have agreed that their obligations to reduce ghg emissions must consider equity or fairness principles.

However, if high-emitting nations take the “equity” and “fairness” requirement seriously, they will need to not only reduce ghg emissions at very, very rapid rates, a conclusion that follows from the steepness of the remaining budget curves alone, but also they will have to reduce their ghg emissions much faster than poor developing nations and faster than the global reductions curves entailed only by the need to stay within a carbon budget.

Source, Global Commons Institute

The above illustration prepared by the Global Commons Institute shows that even if only one equity consideration is taken into account, in this case per capita fairness, the USA ghg emissions reductions must be much faster than the rest of the world. Other organizations who have made calculations of the US fair share of the remaining carbon budget using different equity factors have concluded that the US fair share of safe global emissions is even smaller than that depicted in the above chart. For instance the following illustration prepared by EcoEquity and the Stockholm Environment Institute shows that the US fair share of global emissions, making what the authors of the report claim are moderate assumptions of what equity requires, demonstrates that equity not only requires the US to reduce its emissions to zero quickly almost immediately but that US obligations to prevent a 2 degree C rise requires the US to substantially fund ghg emissions reductions in other countries by 2025 despite achieving zero emissions by 2020.

Source Athanasiou, et al, National Fair Shares

The above illustration, following the assumptions about what equity requires made by the authors of the report about how to determine US emissions reductions obligations, leads to the conclusion not only does the United States need to achieve zero carbon emissions by 2020, the US must reduce its emissions by -141% from 1990 levels by 2025. National Fair Shares. p 18. This is to be achieved, according to the report, by US financial support for reductions in developing countries .

Although national ghg emissions reductions commitments that have been evaluated by different organizations which have made different assumptions about how to calculate what equity requires of nations have come to different conclusions, most evaluations of national commitments made through an equity prism done before Paris concluded that even if they high emitting nations achieve net zero emissions by 2050, they will need, as a matter of equity and justice, to help pay the costs of emissions reductions in poor developing countries or finance technologies that will remove carbon from the atmosphere. The reasons for this are that the remaining carbon budget is so small, the per capita and historical emissions of high-emitting developed nations are so large compared to poor developing countries, and the financial resources of developed countries are so large compared to poor developing countries that equity considerations demand that the high-emitting nations financially help developing nations achieve their targets.

IV. Conclusion

Without doubt, if nations reduce their ghg emissions to levels required of them by ambition, that is levels required by conformance with a carbon budget necessary to assure that future warming is limited to 2 degrees C or 1.5 degrees C adjusted to also consider equity and fairness, the international community is faced with an extraordinarily daunting challenge. Moreover, any delay in meeting this challenge will make the problem worse.

The Paris Agreement created a framework for solving the climate problem, yet the post-Paris media has poorly covered the implications for nations of what sufficient ambition and fairness should be required of nations when they formulate national climate policies if very dangerous climate change is to be avoided. As a result, there appears to be little awareness of the huge damage that will likely be caused by further delay. The research report of Widener University Commonwealth Law School and the University of Auckland has revealed that there appears to be little awareness around the world about what ambition and equity requires of nations when they formulate national climate change policies. As a result the international community is not likely to respond with sufficient urgency and ambition unless greater awareness of the policy implications of the need to live within a carbon budget at levels required of nations because of equity and fairness considerations.

Because of this, perhaps the most important immediate goal of climate change policy proponents is to help educate civil society and governments about the need to move urgently to make extremely rapid decreases in ghg emissions whereever governments can and to the maximum extent possible in light of the policy implications of limiting national ghg emissions to levels constrained by a carbon budget and in response to what fairness requires of nations. .

References

Brown. D. (2002) American Heat: Ethical Problems with the United States Response to Global Warming, Roman Littelfield, Lantham Maryland

Brown. D. (2012) Climate Change Ethics: Navigating the Perfect Moral Storm, Routledge/Earthscan, Oxon, England

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

dabrown57@gmail.com

The Seeds of the Corporate Funded Climate Disinformation Campaign, the 1971 Lewis Powell Memo

Posted on October 31, 2015 by dabrown57

Although numerous articles on this website have acknowledged that responsible scientific skepticism is a positive force in the advancement of science, as we have explained in numerous articles under the category of “disinformation campaign” there has been a well-funded climate change disinformation campaign that since the 1980s has been engaged in the following ethically dubious tactics including:

Lying or reckless disregard for the truth about climate science,
Cherry picking the science by focusing on unkowns while ignoring what is well-settled in climate science,
Cyber-bullying and ad hominem attacks on scientists and journalists,
Manufacturing bogus, non-peer-reviewed climate science through the creation of ideologically motivated conferences and publications,
The use of ideological think tanks to promote the views of climate change deniers through their media outreach, speakers bureaus, publications, and conferences,
The use of front-groups and fake grass-roots organizations, known as Astroturf groups, to promote the views of climate change deniers that hide the real parties in interests,
Making specious claims about “bad science” that are based upon the dubious assumption that no conclusions in science can be made until everything is proven with high levels of certainty.

This website contains numerous articles on the many ethical problems with the corporate and free-market fundamentalist foundation funded climate change disinformation campaign that was in full bloom by the mid-1980s. These articles examine the tactics of the disinformation campaign through an ethical lens that distinguishes it from responsible scientific skepticism. See, for instance:

The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part One: Is The Disinformation Campaign a Crime Against Humanity or A Civil Tort?

Ethical Analysis of the Climate Change Disinformation Campaign: Introduction to A Series. Ethical Analysis of Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups..

Ethical Analysis of Disinformation Campaign’s Tactics: (1) Think Tanks, (2) PR Campaigns, (3) Astroturf Groups, and (4) Cyber-Bullying Attacks.

Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign

The climate change disinformation campaign that arose in the 1980s was part of what sociologists call a countermovement, that is a movement that arises when elements of society are threatened by social movements that are perceived to potentially adversely affect their interests.

An environmental countermovement arose in the United States in response to the rise of the modern environmental movement which was born in the late 1960s in response to among other things, the publications in 1962 of Rachel Carson’s Silent Spring and a growing number of highly visible pollution events including the Santa Barbara oil spill and the fire in the Cuyahoga River in 1969. After Silent Spring, many more citizens understood that toxic substances were widely distributed throughout the world at levels that could harm human and animal health.

The beginning of the modern environmental movement in the United States has often been pegged by environmental historians to Earth Day on April 22, 1970. On the first Earth Day in New York City tens of thousands of people concerned about environmental issues marched and paraded in lower Manhattan and many thousands attended speeches in Union Square Park. New York City was only one of hundreds of locations throughout the United States where Earth Day events took place on April 22, 1970.

The rapid rise of the modern environmental movement that was undeniable by April 1970 was perceived to be a threat to many members of the US business community, As a result, soon after the first Earth Day in 1970, the environmental countermovement began to organize. Sociologist Robert Brulle summarizes the rise of countermovements as follows:

Counter-movements originate as the change movement starts to show signs of success by influencing public policy, and threatening established interests. The elites of these interests then respond to these threats by fostering countermovements to protect their interests by opposing or challenging social movements. ….The countermovement organizations that emerge take the form of elite driven efforts to mobilize economically impacted populations, or populations that share similar interests of ideologies. [Brulle]

Many sociologists and environmental historians also attribute the speed of the rise of the environmental countermovement to a 1971 memo of Lewis Powell to the US Chamber of Commerce that was based on the claim that the American free enterprise system was under attack from the social movements that arose in the 1960s including the environmental movement.

Powell was a corporate lawyer, a former president of the American Bar Association, and a board member of eleven corporations, including Philip Morris and the Ethyl Corporation, a company that made the lead for leaded gasoline. Powell had also represented the Tobacco Institute, the research arm of the tobacco industry, and various tobacco companies. Within two months after his 1971 memo, President Richard Nixon nominated Powell to sit on the U.S. Supreme Court, where he served for fifteen years.

The Powell memo criticizes corporations for their lack of vigor in responding to the challenges to free enterprise that were growing in the beginning of the 1970s and calls for a much more aggressive response from the business community that it claims is needed to protect fee enterprise from criticism from college campuses, the pulpit, the media, the intellectual and literary journals, the arts and sciences, and from politicians. (Powell Memo)

The memo specifically recommended that businesses:

Designate a member of senior management who has responsibility to fight attacks on the free enterprise system,
Expand the role of business organizations to fight the threats of the free market including the US Chamber of Commerce which has the time, finances, and organizational capacity to powerfully unify the response of the business community,
To counter criticism of the business community from college campuses, business organizations such as the Chamber of Commerce should support scholars who will defend the free enterprise system, develop speakers and support speakers’ bureaus that will counter the liberal rhetoric coming from college campuses, subject textbooks to ideological review, insist on equal time for speakers exposing the views of the business community for speakers on campuses, insist that college faculties be balanced by those who will defend the free enterprise system, request that graduate schools of business include courses that support the free enterprise system, encourage local chambers of commerce to provide the views of the business community in high schools, establish staff who work with the media to communicate to the general public the views of the business community, monitor and criticize television programs that unfairly criticize the free enterprise system and where appropriate file complaints with the Federal Communications Commission, monitor radio and other media and pressure them to cover the views of defenders of the free enterprise system, support scholars who support the free enterprise system to publish in scholarly journals, establish incentives for scholars to publish defenses of free enterprise in books, papers, and pamphlets, spend more money on advertising that expressly supports the free market system.
Much more aggressively support politicians who support the interests of the business community.
Become much more involved in the judicial system to support the interests of the business community by, among other things, filing litigation and amicus curiae briefs in important cases.
Harness the power of corporate shareholders to advance the interests of the business community.
Dramatically increase finances in support of opposition to those threatening unfettered markets including increasing the staff of organizations like the Chamber of Commerce to engage in this work.
Much more aggressively defend the free enterprise system by among other tactics linking personal freedom to free enterprise.

Shortly after the Powell memo was sent to the Chamber of Commerce in 1971, much more aggressive tactics in defending the free enterprise system by the business community became evident including the following:

The organizational counterattack of business in the 1970s was swift and sweeping — a domestic version of Shock and Awe. The number of corporations with public affairs offices in Washington grew from 100 in 1968 to over 500 in 1978. In 1971, only 175 firms had registered lobbyists in Washington, but by 1982, nearly 2,500 did. The number of corporate PACs increased from under 300 in 1976 to over 1,200 by the middle of 1980.(Bill Moyers, The Powell Memo: A Call-to-Arms for Corporations, September 14, 2012)
In 1972, three business organizations merged to form the Business Roundtable, the first business association whose membership was restricted to top corporate CEOs.The Business Roundtable quickly developed into a formidable group, designed to mobilize high-level CEOs as a collective force to lobby for the advancement of shared interests. Within five years the new mega-organization had enlisted 113 of the top Fortune 200 companies, accounting for nearly half of the economy. (Bill Moyers, The Powell Memo: A Call-to-Arms for Corporations, September 14, 2012) .
Business also massively increased its political giving — at precisely the time when the cost of campaigns began to skyrocket (in part because of the ascendance of television). The insatiable need for cash gave politicians good reason to be attentive to those with deep pockets. Business had by far the deepest pockets, and was happy to make contributions to members of both parties.(Bill Moyers, The Powell Memo: A Call-to-Arms for Corporations, September 14, 2012)
From the late 1970s to the late 1980s, corporate PACs increased their expenditures in congressional races nearly fivefold. (Bill Moyers The Powell Memo: A Call-to-Arms for Corporations, September 14, 2012)
Powell’s legal recommendations inspired “a multi-faceted, comprehensive, and integrated campaign” coordinated and funded by large corporations and rightwing foundations “to create taxpayer subsidized law firms… to rewrite American jurisprudence… advanc[e] their agenda before judges, lawyers, legal scholars, and government policy makers… [and] sought to assure control over the future direction of the law” by installing ideologically friendly faculty in law schools, as well as organizing and rewarding students with scholarships and clerkships under conservative judges, and placing those judges on the bench. (Jerry M. Landay, The Attack Memo that Changed the World)
The California Chamber of Commerce picked up on the Powell Memo and proposed what became in 1973 the Pacific Legal Foundation, the first of eight regional litigation centers. The Olin, Scaife, Bradley, Smith Richardson, and Coors’ Castle Rock foundations, and others, continue to underwrite these operations. , (Jerry M. Landay, The Attack Memo that Changed the World)
Huge corporations, including Powell’s Philip Morris, invested millions of dollars in the Chamber of Commerce’s National Chamber Litigation Center and other legal foundations to bring litigation demanding new corporate rights. In rapid succession, corporations and supporters funded the Pacific Legal Foundation, the Mid-Atlantic Legal Foundation, the Mid-America Legal Foundation, the Great Plains Legal Foundation (Landmark Legal Foundation), the Washington Legal Foundation, the Northeastern Legal Foundation, the New England Legal Foundation, the Southeastern Legal Foundation, the Capital Legal Center, the National Legal Center for the Public Interest, and many others.(Clements)
The number of companies with Washington lobbying offices grew from 175 in 1971 to 2,445 a decade later. Along with 2,000 different trade associations, businesses have a combined Washington staff of 50,000, plus 9,000 lobbyists and 8,000 public relations specialists. (Smith. Who Stole the American Dream)
Since 1972 and continuing to the present, conservative foundations also heavily underwrite scores of institutes and policy centers that operate along the general lines proposed in the Powell memo. These agitprop operations are modeled on the Heritage Foundation, and include the Manhattan Institute, the Cato Institute, and Citizens for a Sound Economy, the National Association of Scholars and Accuracy in Academe, Brent Bozell’s Media Research Center, and Reed Irvine’s Accuracy in Media. (Jerry M. Landay, The Attack Memo that Changed the World)
Business expanded its acquisition of media to help it control the message and viewpoint. Today six corporations control 97% of all media in the US. By insisting on the mandate of “balance” any unwanted fact or statement can be countered and diminished by claiming a need for equal time. These will generally be provided by the dozens of conservative think tanks and speakers. Television, radio and magazines are closely scrutinized for where and when to counter or insert business friendly news, information or preference. Most media today expends vast amounts of coverage on business and financial news. (Ron Sandahl)
Powell’s court opinion in First National Bank of Boston v. Bellotti shifted the direction of First Amendment law by declaring that corporate financial influence of elections should be protected as individual political speech. This directly set up Citizens United to become law. (Ron Sandahl).
Huge corporations, including Powell’s Philip Morris, invested millions of dollars in the Chamber of Commerce’s National Chamber Litigation Center and other legal foundations to bring litigation demanding new corporate rights. By 1978, the millions of dollars invested in the radical corporate rights campaign began to pay off. The first major victory for the corporate rights advocates came in 1978, with a corporate attack on a Massachusetts law in First National Bank of Boston v. Bellotti. Several international corporations — including Gillette, the Bank of Boston, and Digital Equipment Corporation — filed a lawsuit after the people of Massachusetts banned corporate political spending intended to influence a citizen referendum. Justice Lewis Powell cast the deciding vote and wrote the 5–4 decision wiping off the books the people’s law intended to keep corporate money out of citizen ballot questions. For the first time in American history, corporations had successfully claimed “speech” rights to attack laws regulating corporate money in our elections. (Clements)
With that success, an emboldened corporate rights campaign next attacked energy and environmental laws. In the 1982 case of Central Hudson Gas & Electric Corporation v.Public Service Corporation of New York, utility corporations and the array of corporate legal foundations all argued that a New York law prohibiting utility corporations from promoting energy consumption violated the corporations’ rights of free speech. The corporations won again, and again Justice Powell wrote the decision for the activist Supreme Court that he had imagined in his 1971 Chamber of Commerce memo. Over a period of six years, Justice Powell wrote four key corporate rights( decisions for the Supreme Court. (Clements)
Although many new voices have emerged in the 40 years since it circulated Powell’s memo, the U.S. Chamber has expanded its leadership position within the corporate power movement, leading dozens of judicial, legislative and regulatory fights each year. Measured in terms of money spent, the Chamber is by far the most powerful lobby in Washington, DC, spending $770.6 million since 1998, over three times the amount spent by General Electric, the second-largest spender. At the same time, the Chamber has reinforced its lobbying power by becoming one of the largest conduits of election-related “independent expenditures,” spending over $32.8 million on Federal elections in 2010. The Chamber sponsors the Institute for Legal Reform, which has spearheaded the campaign for tort “reform,” making it more difficult for average people who have been injured, assaulted, or harmed to sue the responsible corporations. Along with well over a dozen legal foundations, the Chamber has also helped shape the powerful “business civil liberties” movement that has been a driving force behind the Citizens United decision and other judicial actions that have handcuffed regulators and prevented Congress from putting common-sense checks on corporate power. (Cray)

It is clear from the above that the climate change disinformation campaign is only one element in an organized effort of corporations and free market fundamentalists foundations to limit the power of citizen movements to protect human health and the environment when these movements threaten corporate profits or unregulated markets.

References:

Brulle, R., 2000, Agency, Democracy, and Nature, MIT Press, p. 619

By;

Donald A. Brown

Scholar in Residence and Professor

Sustainability Ethics and Law

dabrown57@gmail,com

Urgent Call to Climate Journalists Around The World: Research Concludes You Are Tragically Failing to Cover Climate Change Issues Through An Ethical and Justice Lens

Posted on October 19, 2015 by dabrown57

Research conducted by Widener University Commonwealth Law School and the University of Auckland concludes that national debates about climate change policies and the press coverage of these issues are for the most part ignoring the obvious ethical and moral problems both with how nations are justifying climate change commitments and the arguments of climate change policy opponents at the national level. (See Nationalclimatejustice.org under “lessons learned.”) This is so despite the fact that:

(a) It is impossible for a nation to think clearly about climate policy until the nation takes a position on two ethical issues: (1) what warming limit the nation is seeking to achieve through its policy, and (d) what is the nation’s fair share of safe global emissions. These are ethical issues that can’t be decided through economic or scientific analysis alone.

(b) Climate change policy making raises numerous ethical issues that arise in policy formulation. (See below)

(c) Ethical arguments made in response to the arguments of climate change policy arguments are often the strongest arguments that can be made in response to the claims of climate policy opponents because most arguments made by opponents of climate policies fail to pass minimum ethical scrutiny.

(d) Climate change more than any other environmental problem has features that scream for attention to see it fundamentally as a moral, ethical, and justice issue. These features include: (a) It is a problem overwhelmingly caused by high-emitting nations and individuals that is putting poor people and nations who have done little to cause the problem at greatest risk, (b) the harms to the victims are potentially catastrophic losses of life or the destruction of ecosystems on which life depends, (c) those most at risk usually can’t petition their own governments for protection, their best hope is that high emitters of ghgs will respond to their moral obligations to not harm others, and, (d) any solution to the enormous threat of climate change requires high emitting nations to lower their ghg emissions to their fair share of safe global emissions, a classic problem of distributive justice.

Our research has discovered that most journalists and national debates about climate policies around the world have largely ignored the numerous ethical issues that arise in climate policy formation and instead usually have narrowly responded to the arguments of the opponents of climate policy which have almost always been variations of claims that climate change policies should be opposed because: (a) they will harm national economic interests, or (b) there is too much scientific uncertainty to warrant action.

Yet numerous issues arise in climate change policy formation for which ethical and moral considerations are indispensable to resolve these issues and moral arguments about these issues are by far the strongest responses to arguments on these issues usually made by opponents of climate policies. The issues include:

Can a nation justify its unwillingness to adopt climate change policies primarily on the basis of national economic interest alone?
When is scientific uncertainty an ethically acceptable excuse for non-action for a potentially catastrophic problem like climate change given that waiting until the uncertainties are resolved makes the problem worse and more difficult to solve?
Should proponents or opponents of climate change policies have the burden of proof to scientifically demonstrate that climate change is or is not a threat before climate change policies are in enacted?
What level of proof, such as, for instance, 95% confidence levels or the balance of the evidence, is needed to demonstrate climate change is a threat that warrants policy responses?
What amount of climate change harm is it ethically acceptable for a nation to impose on those nations or people outside their jurisdiction who will be harmed without their consent?
How aggressive should a nation be in achieving carbon neutrality?
Do high emitting nations have an ethical responsibility to reduce their ghg emissions as dramatically and quickly as possible or is their responsibility limited to assuring that their ghg emissions are no greater than their fair share of safe global emissions?
How transparent should a nation be in explaining the ethical basis for national ghg commitments particularly in regard to sufficiency of the ambition and fairness of the national commitments?
To what extent does a nation’s financial ability to reduce ghg emissions create an ethical obligation to do so?
What are the rights of potential victims of climate change to consent to a nation’s decision to delay national action on the basis of national cost or scientific uncertainty?
Who gets to decide what amount of global warming is acceptable?
Who should pay for reasonable adaptation needs of victims of climate change?
Do high emitting nations and individuals have a moral responsibility to pay for losses and damages caused climate change to people or nations who have done little to cause climate change?
How should national ghg targets consider the per capita or historical emissions of the nation in establishing their national climate commitments?
How should a nation prioritize its climate change adaptation needs?
Who has a right to participate in a nation’s decision about funding and prioritizing domestic and foreign adaptation responses?
How does global governance need to be changed to deal with climate change?
What difference for climate change policy-making is entailed by the conclusion that climate change violates human rights?
If climate change violates human rights, can economic costs to polluting nations be be a relevant consideration in the development of national climate policy?
Can one nation condition its response to the threat of climate change on the actions or inaction of other nations?
Which equity framework should a nation follow to structure its response to climate change?
What principles of distributive justice may a nation consider in determining its fair share of safe global emissions?
What kind of crime, tort, or malfeasance is spreading disinformation about climate change science by those who have economic interests in resisting constraints on fossil fuel?
What are the ethical limits of economic reasoning about the acceptability of climate change policies?
What ethical issues arise from cap and trade or carbon taxing solutions to climate change?
What is ethically acceptable climate change scientific skepticism, for instance should all climate skeptics be expected to subject their claims in peer-reviewed journals?
Can a politician avoid responsibility for taking action on climate change simply on the basis that he or she is not a climate change scientist?
What ethical obligations are triggered by potentially catastrophic but low probability impacts from climate change and who gets to decide this?
What are the ethical limits to using cost-benefit analyses as a prescriptive guide to national climate policies?
What responsibility do high emitting nations have for climate refugees?
When are potential adverse environmental impacts of low emitting ghg technologies such as solar and wind a valid excuse for continuing to use high emitting ghg fossil fuel technologies?
Who gets to decide whether geo-engineering techniques which could lessen the adverse impacts of climate change are acceptable as long as these techniques could also create potential previously unexperienced environmental impacts?
What are the ethical and moral responsibilities of sub-national governments, businesses, organizations and individuals for climate change?
Can poor nations which have done little to cause climate change justify non-action on climate change on the basis of their lack of historical responsibility for climate change if some citizens or entities in the country are emitting high amounts of ghgs?
Do poor low-emitting nations have any moral responsibility for climate change and what is it?
When should a nation be bound by provisions of international law relevant to climate change including provisions in the United Nations Framework Convention on Climate Change that they agreed to such as the “no-harm,” and “precautionary? principles and the duty of developed nations to take the lead on climate change?
To what extent should stakeholder groups that advise governments on climate policies be gender and minority representative?

This website contains over 160 articles on these and other climate change ethical issues.

By:

Donald A. Brown

Scholar in Residence and Professor

Sustainability Ethics and Law

dabrown57@gmail.com

Obama Implicitly Acknowledges the Enormous Damage Caused By the Fossil Fuel Corporate Funded Climate Change Disinformation Campaign and Its Political Mercenaries

Posted on September 6, 2015 by dabrown57

During his speech on August 31 in Alaska, President Obama not only spoke about the enormity of the climate change threat and the urgency of strong action, he also acknowledged that the United States has responsibility for causing the problem. He said:

I’ve come here today, as the leader of the world’s largest economy and its second largest emitter, to say that the United States recognizes our role in creating this problem, and we embrace our responsibility to help solve it.

He spoke in clear terms about the enormity of the climate change threat:.

Our understanding of climate change advances each day. Human activity is disrupting the climate, in many ways faster than we previously thought. The science is stark. It is sharpening. It proves that this once-distant threat is now very much in the present. But the point is that climate change is no longer some far-off problem. It is happening here. It is happening now. Climate change is already disrupting our agriculture and ecosystems, our water and food supplies, our energy, our infrastructure, human health, human safety — now. Today. And climate change is a trend that affects all trends — economic trends, security trends. Everything will be impacted. And it becomes more dramatic with each passing year.

But if those trend lines continue the way they are, there’s not going to be a nation on this Earth that’s not impacted negatively. People will suffer. Economies will suffer. Entire nations will find themselves under severe, severe problems. More drought; more floods; rising sea levels; greater migration; more refugees; more scarcity; more conflict.

If we were to abandon our course of action, if we stop trying to build a clean-energy economy and reduce carbon pollution, if we do nothing to keep the glaciers from melting faster, and oceans from rising faster, and forests from burning faster, and storms from growing stronger, we will condemn our children to a planet beyond their capacity to repair: Submerged countries. Abandoned cities. Fields no longer growing. Indigenous peoples who can’t carry out traditions that stretch back millennia. Entire industries of people who can’t practice their livelihoods. Desperate refugees seeking the sanctuary of nations not their own. Political disruptions that could trigger multiple conflicts around the globe.

President Obama also acknowledged that because nations have delayed in taking meaningful climate action, the world is running out of time to prevent catastrophic warming. More specifically he said:

On this issue, of all issues, there is such a thing as being too late. That moment is almost upon us.

And so President Obama admitted that: (a) climate change is a civilization challenging problem with dire potential consequences for nations and vulnerable people around the world, (b) the world is running out of time to prevent catastrophic warming, and, (c) the United States has responsibility for causing the problem.

The United States is not only responsible for the current crisis because, as President Obama noted, it is the second highest emitter of ghg in the world behind China, it has historically emitted much more ghgs into the atmosphere than any other country including China, it is currently near the top of all nations in per capita ghg emissions, and the US has been responsible more than any other developed nation for the failure of the international community to adopt meaningful ghg emissions reduction targets from the beginning of international climate negotiations in 1990 until the Obama administration. (For a detailed description of the blocking role that the United States has played in international climate negotiations since 1990 until the Obama administration, See Brown, 2002, American Heat; Ethical Problems the US Response to Global Warming, and Brown, 2013, Climate Chang Ethics: Navigating the Perfect Moral Storm)

In the Alaska speech, President Obama did not discuss the forces in the United States that have successfully undermined proposals for serious US climate change policies, matters which have been extensively discussed here under the category of “climate change disinformation campaign.” Since the mid-1980s a well-funded climate change disinformation campaign has successfully fought against US climate change policies. (For a discussion of the climate change disinformation campaign see, for example: The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part One: Is The Disinformation Campaign a Crime Against Humanity or A Civil Tort? ) This campaign has largely been funded by fossil fuel companies and free-market fundamentalists foundations although recently it has been difficult to track the funding. (See, New Study Concludes That Tracking Funding Of The Ethically Abhorrent Climate Disinformation Campaign Is Now Impossible)

As we have documented in numerous articles on the disinformation campaign on this website, although responsible scientific skepticism is necessary for science to advance, the climate change disinformation campaign has been involved not in the pursuit of responsible scientific skepticism but in tactics that are morally reprehensible including: (a) telling lies about mainstream climate scientific evidence or engaging in reckless disregard for the truth, (b) focusing on unknowns about climate science while ignoring settled climate change science, that is cherry-picking the evidence, (c) creating front groups and Astroturf groups that hide the real parties in interest behind claims, (d) making specious claims about “good science”, (e) manufacturing science sounding claims about climate change by holding conferences in which claims are made and documents are released that have not been subjected to scientific peer-review, and (d) cyber bullying journalists and scientists. These tactics are not responsible scientific skepticism but disinformation.

In the late 1980s, the European Union proposed that all developed countries should accept binding ghg emissions reductions targets. These targets would have likely been agreed to in the United Nations Framework Convention on Climate Change if the United States did not oppose them. The United States virtually standing alone prevented the inclusion of binding targets in the treaty which was finalized in 1992 and ratified by the US in that same year. During the next 20 years, the US continued to block a meaningful global solution to climate change while being one of only a handful of nations that did not ratify the Kyoto Protocol, a treaty in which most developed countries accepted a ghg reduction target.

During this time, the climate change disinformation campaign also successfully prevented enactment of meaningful US domestic climate change laws and policies.

For the last several decades, US media has largely failed to cover the fact that the longer the world waits to make significant reductions in ghgs, the more difficult the problem becomes to solve. In this regard, the staggering enormity of the current challenge to the world to prevent dangerous climate change is rarely commented on in the US media despite the fact the 25 year delay in facing this problem has now made the problem a civilization challenging problem. For instance, James Hansen in a recent affidavit submitted in a legal proceeding against the State of Oregon asserted that the world must now reduce ghg emissions at a rate of 6% per year to avoid dangerous climate change. Yet as Hansen notes, if the world began to phase out of fossil fuel in 2005 the rate of reductions needed would only be 3.5% while waiting until 2020 will require a 15% reduction per year. Thus the delay in confronting climate change that is attributable to a large extent to the climate change disinformation campaign and its political mercenaries has made the problem much more difficult to solve with the result that harsh climate change impacts are much more likely. Because the harshest impacts from climate change will likely be experienced by some of the world’s poorest people in Africa,Southeast Asia, and other parts of the world, the damage caused by the climate change disinformation campaign may become a global catastrophe.

And so the world is now facing a civilization challenging problem entailed by the need to rapidly reduce greenhouse gases to avoid catastrophic climate change.

Although President Obama has announced administrative measures that would begin to reduce US ghg emissions, these measures are now being intensely fought by the climate change disinformation campaign and its political representatives and the Obama commitments still don’t represent the US fair share of safe global ghg emissions. In fact, in his August 31 speech, President Obama said after describing his climate initiatives: “But we’re not moving fast enough.” And now it may be too late to prevent huge climate change induced harms because the world has lost 25 years in reducing the threat of climate change in no small measure due to the United States opposition to a meaningful global solution.

President Obama’s August 31 speech in Alaska implicitly acknowledged this conclusion. Yet the US media largely continues to fail to cover the enormous damage that has been caused by the delay in confronting human-induced warming .

By:

Donald A. Brown

Scholar In Residence and Professor

Widener Commonwealth Law School

dabrown57@gmail.com

Crimes against Humanity:The Genocidal Campaign of the Climate Change Contrarians

Posted on April 5, 2014 by dabrown57

Editor’s Note: The lead author of the following article on the climate contrarians is Dr. Robert Nadeau, Professor Emeritus, George Mason University. I am a minor contributing author. This article continues a series of 15 previous articles on the “Climate Change Disinformation Campaign” that can be found under that topic in the Index on this website.

Crimes Against Humanity: The Genocidal Campaign of the Climate Change Contrarians.

When scientists make presentations at meetings or conferences on the existing and projected impacts of climate change, they describe in jargon laden language and in emotionally neutral terms what their research has revealed about these impacts. But during informal conversations over a few beers during the evening or late at night, these scientists no longer feel obliged to divorce their scientific heads from their human hearts. On these occasions, they use colorful and often profane language to express their disdain and contempt for the small number of scientists known as global warming skeptics who are well compensated by conservative think tanks for misinterpreting and abusing scientific knowledge.

The scientists involved in these conversations also vent their anger toward the oil and energy companies that sponsor massive disinformation campaigns on radio and television designed to convince Americans that their security, peace and economic well-being are utterly dependent on the consumption of increasing amounts of “clean and plentiful” fossil fuels. They say unkind things about the mangers of the American news media for running endless stories about the human suffering and financial losses caused by extreme weather events and saying nothing about the fact that climate change is contributing to the frequency and intensity of these events. But if the conversation goes on long enough and the hour is late, one or more of these scientists will say what the others firmly believe but are reluctant to admit—the fate of the Earth is sealed by the ignorance, lack of compassion, and inexhaustible greed of its human inhabitants and life on this planet for our children and grandchildren will be little more than a brutal struggle for survival.

The reasons why these empirically oriented rational thinkers have come to this dire conclusion are abundantly obvious in recent scientific research on the existing and projected impacts of climate change. This research has not only shown that massive reductions in worldwide emissions of greenhouse gases over the next two decades will be required to prevent the most disastrous impacts of climate change. It has also revealed that if we fail, as now seems likely, to accomplish this feat, there is a high probability that life on this planet for our children and grandchildren will be little more than a brutal struggle for survival. (Hansen et al. 2013) But as the scientists involved in the late night conversations know all too well, this research is largely ignored by the mainstream media, rarely discussed by political leaders and economic planners, and conspicuously missing in the rancorous public debate about climate change.

The usual explanation why this insane situation exists, as climate scientist Michael Mann put it in a recent article in the New York Times, is that there is a “violent strain of anti-science” in this country which “infects the halls of Congress, the pages of leading newspapers and what we see on television.” (Mann, 2014) What Mann did not say in this article but knows very well is that the primary source of this infection is the well-financed, highly coordinated, and very effective campaign of the climate change contrarians.

The Campaign of the Climate Change Contrarians

This campaign began in the 1980s when some of the same scientists that had been paid by the tobacco industry to challenge the scientific evidence that smoking is harmful to human health were hired by oil and energy companies to challenge the scientific evidence about climate change. (Oreskes and Conway, 2010) The campaign greatly expanded during the 1990s after some increasingly vocal scientists warned that the threats of climate change were menacingly real and government must regulate emissions of greenhouse gases. (Pooley, 2014) The intent of the new coalition of free market think tanks, corporations, right wing conservatives, and billionaires with vested interests in the fossil fuel business was to accomplish one mayor objective. The objective was to convince the American electorate, along with their representatives in government, that there is no scientific basis for believing that climate change is a serious problem caused by human activities.

The phrase that best describes how this case was made on advertisements on radio and television, conservative talk shows, op-eds in major newspapers and magazines, and in the allegedly expert testimony of a small number of “contrarian” scientists is “Big Lie.” The phrase was originally coined by Adolf Hitler in “Mein Kamp” to describe a lie so colossal that is impossible to believe that someone “could have the impudence to distort the truth so famously.” George Orwell later appropriated the phrase in Nineteen Eighty Four and redefined it to mean “to tell deliberate lies while believing in them, to forget any fact that has become inconvenient.”

Orwell also said that the tellers of Big Lies were capable of holding two contradictory truths in mind and believing in both of them. For example, the climate change contrarians repeatedly and earnestly claimed that they were great lovers of science, had enormous respect for scientists, and were only concerned about the uncertainties and lack of scientific rigor in climate science. And yet they launched a full scale attack on the personal and intellectual integrity of climate scientists, did everything possible to destroy their reputations and end their careers, and completely misrepresented and distorted their scientific research.

For example, the campaign launched a full scale assault on climate scientists associated with the Intergovernmental Panel on Climate Change (IPPC) at the University of East Anglia in 2009 after their emails were hacked and widely distributed over the internet. Some of the emails in this “private” correspondence contained unkind words about research done by scientists in the employ of the petroleum industry and others contained statements that could be interpreted out of context as suppressing this research. But in the view of the climate change contrarians, these comments constituted sufficient evidence to charge all IPCC scientists with everything from professional misconduct to engaging in a conspiracy to suppress scientific research that was not in accord with their ideological and political agendas.

Also consider what occurred after two climate change contrarians claimed that IPPC scientists made two scientifically inaccurate predictions about the environmental impacts of global warming in their 2007 report. One of these predictions, the Himalayan glaciers would disappear by 2035, was made in a 738 page working paper and did not appear in the 2007 report. The other prediction about crop failures in North Africa did appear in the background information section of the 3,000 page report but had no bearing whatsoever on the conclusions drawn. Nevertheless, the lawyers for the prosecution in the campaign of the climate change contrarians accused the IPCC scientists of committing fraud and coined the term “climategate” to refer to an alleged conspiracy to cover up or suppress the truth about climate change.

The ability of the climate change contrarians to hold two contradictory truths in mind and believing in both of them was also apparent in an email written by Republican spin doctor Frank Lutz to the Bush administration in 2002: “The scientific debate is closing against us but not yet closed. There is still a window of opportunity to challenge the science. Voters believe that there is no consensus about global warming within the scientific community. Should the public come to believe the scientific issues are settled, their views will change accordingly. Therefore, you need to make the lack of scientific certainty a primary issue in the debate.” (Lutz, 2007)

During the years that followed, the campaign of the climate change contrarians realized this goal by contributing large sums to conservative think tanks and political action groups, funding institutes that produced studies which claimed that there was no scientific consensus about climate change, and lavishly compensating allegedly “independent” scientists who were willing to testify that this claim was valid before Congressional committees. The campaign also used its resources to generate numerous economic analyses which allegedly revealed that any attempts by government to curb emissions of greenhouse gases would have a devastating impact on the American economy. (Broder, 2010)

American Legislative Exchange Council

The unacknowledged legislators of the climate change agenda in the United States are members of an organization known as the American Legislative Exchange Council (ALEC). According to the ALEC website, this organization is committed to “Jeffersonian principles of free markets, limited government, federalism, and individual liberty” and “works to advance fundamental principles of free-enterprise, limited government and federalism at the state level through a nonpartisan public-partnership of America’s state legislators, members of the private sector and the general public.” (ALEC, 2014) What the website does not say is that ALEC provides a forum for corporations to collaborate with members of state legislatures to create model bills which the legislators will later introduce and lobby for in their own legislature. The website also fails to mention that the model legislation is almost entirely written by the corporations and introduced by the legislators without any mention of the source.

Also, nothing is said on this website about the fact that ALEC does not disclose its membership, meets in secret, and the general public are not told where the meetings are held and would be forcefully expelled if they tried to attend. It is also worth noting that the allegedly non-partisan members of state legislatures are right wing Republicans and that prominent and powerful right wing Republicans in both houses of Congress regularly attend the meetings of this secret organization. According the New York Times, special interests have “effectively turned ALEC’s lawmaker members into stealth lobbyists, providing them with talking points, signaling how they vote, and collaborating on bills effecting hundreds of issues.” (McIntire, 2012) -And the Guardian described ALEC as “a dating service for Republican legislators and big corporations, bringing them together to frame rightwing agendas in the form of model bills.” (Pilkington, 2013a)

In December of 2013, the membership of ALEC consisted of 1,801 members of state legislatures, more than 85 members of Congress, fourteen sitting or former governors considered alumni, and about 300 representatives of corporations, foundations, and think tanks. (Pinkelton and Goldberg, 2013) About 98% of the funding for ALEC comes from corporations, trade associations, and corporate foundations and the contributions of the corporations alone are estimated to be $6 million a year. Some of this corporate money is used to pay for “scholarships” that help to cover the costs of the family vacations that legislators take to ALEC conventions at posh resorts in August after their legislative sessions end. (PR Watch, 2011)

The state legislators who are members of ALEC introduce about 1000 pieces of model legislation each year and about 200 or more pass into law. One the first measures signed by then Governor of Texas George W. Bush was model legislation from ALEC that granted corporations immunity from prosecution if they told regulators about their violations of environmental law. Other model legislation from ALEC was designed to accomplish the following: obviate the decision by the Supreme Court to allow the EPA to regulate carbon dioxide and other greenhouse gases as pollutants; grant Congress the authority to block the enforcement of the Clean Air and Water Act; authorize state governments to open up federal lands to oil, gas and coal exploration; eliminate waste reduction and mandatory recycling laws; give legal protections to corporations against the victims of lead poisoning; eliminate federal regulations on coal combustion waste; call on the federal government to approve the proposed Keystone XL pipeline, and criminalize environmental activism. (Steinbruner et. al., 2013)

The Koch Brothers

The poster children of the campaign of the climate change contrarians are 78 years old Charles Koch and his 73 year old brother David Koch. The Koch brothers are American oligarchs who preside over a vast financial empire and know from experience that money is power and can buy elections and set the political agenda at all levels of government. According to Kenneth Vogel, the “billionaire industrialists Charles and David Koch are among the most dominant forces in American politics, rivaling even the official Republican Party in its ability to shape policy debates and win elections.”(Vogel, 2014) The brothers managed to accomplish this feat by creating a vast network of politically active non-profits that operate in concert and have a shared ideological agenda. This network is so vast that a detailed diagram of its organization and money flows took up half a page in the print edition of the Washington Post. (Washington Post, 2014) Some of the better known groups in this network are Americans for Prosperity, Heritage Action for America, U.S. Chamber of Commerce, Americans for Tax Reform, and the Club for Growth.

Like most of the other billionaires who support the campaign of the climate change contrarians, the Koch brothers have vested interests in the fossil fuel business. The bothers are 85% owners of a multinational corporation, Koch Industries, whose core business is the refining and distribution of petroleum and the manufacture of chemicals, fiber, minerals, fertilizers, pulp and paper. Koch Industries also owns 2 million acres of land in Alberta, Canada which contains enormous quantities of tar sands oil. The proposed Keystone XL pipeline would carry 800,000 barrels of tar sands oil per day from its source in the Boreal forest in Alberta to the Gulf Coast. If the pipeline is built, the Koch brothers and other billionaires in the fossil fuel business could realize billions of dollars in profits. Not surprisingly, the campaign of the climate change contrarians is doing everything possible to ensure that the pipeline will be approved by the State Department and President Obama.

The message conveyed to the American people in advertisements on radio and television sponsored by this campaign is that tar sands oil is a safe and reliable source of energy and the Keystone XL pipeline will create jobs, promote economic growth, and help to free the United States from dependence on foreign oil. The campaign has also used its considerable resources to dominate and control the public debate about the pipeline and to ensure that virtually nothing is said in this debate about the scientific research on its potential environmental impacts. For example, there has been no mention to my knowledge in the mainstream news media that scientific research has shown that the process of extracting, transporting, refining, and burning of tar sands oil results in significantly higher amounts of greenhouse gas emissions than for conventional oil. (Biello, 2013) And only a few passing mentions were made in the back pages of the New York Times and the Washington Post of the results of recent scientific studies on the environmental impacts of these emissions.

One of these studies was done by James Hansen, one of the best known and highly respected climate scientists. Hansen and his team calculated how many gigatons (billions of tons) of carbon dioxide is contained in the tar sands oil in the Boreal forest in Alberta. This calculation revealed that the number of gigatons of carbon dioxide contained in tars sands is twice that previously emitted by burning oil during the entire period in which oil has been a source of energy. They then calculated the amount of carbon dioxide that would be in the atmosphere if we fully exploit the tar sands oil and continue to burn the remaining supplies of oil, gas and coal. In this scenario, the concentrations of carbon dioxide in the atmosphere would be higher than in the Pliocene era more than 3.5 million years ago. Further increases in average Earth temperature would result in the rapid melting of the ice sheets, a sea level rise of at least 50 feet above current levels, and the extinction of twenty to fifty percent of the species on this planet. To put it bluntly, the price that could be paid for the use of all of these “safe and reliable sources of energy” would be an end to human civilization. As Hansen put it in language anyone can understand, “Game over for the climate.” (Hansen, 2012)

If the pipeline is built, the Koch brothers could potentially realize $100 billion in profits from the tar sands oil contained in the 2 million acres of land owned by Koch Industries in Alberta. The net worth of the brothers is now exceeded only by that of Bill Gates, Warren Buffet and Larry Ellison and ranks fourth in the world. Add the potential profits from the tar sand oil and the net worth of the Koch brothers would rank first in the world. The question here is why two impossible rich old men would feel compelled to become even richer by dumping enough carbon dioxide into the atmosphere to create an environmental disaster that would imperil the lives of hundreds of millions of people. The answer, if there is one, is that the Koch brothers, along with virtually all of the other members of their network of politically active groups and shadow government, are true believers in market fundamentalism.

In this quasi-religious belief system, there are two articles of faith that the true believers regard as transcendent and immutable truths. The first is that the dynamics of free market systems can resolve virtually all human problems, including the climate crisis, if they are not interfered with by government. The second is that the growth and expansion of free market systems lifts all boats and serves the greater good and the only legitimate role of government in the management of economic activities is to promote and enable this growth and expansion. This explains why the Koch brothers and the other participants in the campaign of climate change contrarians feel justified in buying elections and creating a shadow government that serves their vested interests and advances their ideological agenda. It also explains why they have no compunctions about subverting and violating the principles of democratic government and telling Big Orwellian Lies about the science of climate change.

There Ought to Be a Law

There are two definitions of crimes against humanity in international law that could apply to the campaign of the climate change contrarians. The first is “grave offences that are part of a widespread and systematic attack against a civilian population,” and the second is “inhumane acts intentionally causing great suffering, or serious injury to body or to mental or physical harm.” (Brown, 2013) -There is no doubt that the Big Lies told by the contrarians about climate science constitute a “widespread and systematic attack against” all of humanity. There is also no doubt that the contrarians were fully aware that they were misleading people in ways that could eventually result in “great suffering, or serious injury to body or to mental and physical harm.” It is not possible for a variety of reasons to charge the Koch brothers and the other contrarians in their vast network with crimes against humanity in the International Criminal Court at The Hague. But we could at least begin to call them by a name that is more appropriate for those who have committed crimes against humanity.

The dictionary definition of a contrarian is a person who takes an opposing view. This implies that a climate change contrarian has a view of climate change that is opposed to and could be as valid as other views. My candidate for a more accurate and appropriate definition of climate change contrarian is as follows: “One who lies about the science of climate change and imperils the human future to protect and enhance his or her financial interests and has no regard for the principles of democracy or the welfare or will of the people of the United States.” But since this definition is too long to routinely use in descriptions of the activities of the contrarians, a better idea might be to add the word genocidal in all future references to their campaign. Hence the new name would be the “genocidal campaign of the climate change contrarians.”

One can hope that the Koch brothers and the members of their vast network will have a crisis of conscience and use their money, power and influence to prevent the ecological disaster they are now in the process of creating. But in the likely event that this does not happen, those of us who care about the human future must be prepared and willing to wage a war aptly described by the American philosopher William James: “What we need to discover in the social realm is the moral equivalent of war: something heroic that will speak to men as universally as war does, and yet will be compatible with their spiritual selves as war proved itself to be incompatible.” (James, 1902)

The soldiers in the volunteer army that wages the moral equivalent of war must not only be prepared and willing to publicly challenge the Big Lies told by the contrarians about climate science and to expose and ridicule the motives of the tellers of these lies. They must also be prepared and willing to fight all the battles required to replace the Koch shadow government with a government that will work tirelessly to prevent an ecological disaster on a scope and scale that is virtually impossible to even imagine. The weapons that will be useful in fighting these battles are protests, rallies, town meetings, boycotts, and political campaigns promoted and organized with videos, documentaries, films and web-based communications networks.

Many people will be understandably reluctant for both personal and professional reasons to respond to this call to arms in a war compatible with their spiritual selves. But what is at stake in this war is not access to scarce national resources, the balance of power between nation-states, or the economic and political hegemony of the United States. It is a human future in which our children and grandchildren can live secure, rich and meaningful lives on a flourishing Earth. This is not merely the work of an age, but a work that could preserve the memory of all ages, and it hard to imagine that anyone could serve a greater good or answer to higher calling.

References:

ALEC Web Site. 2014. http://www.alec.org

David Biello, 2013, How Much Will Tar Sands Oil Add to Global Warming?” Scientific American, January 23, 2013.

Broder, John, 2010, Climate Change Doubt is Tea Party Article of Faith, New York Times, October 21, 2010.

Brown. D., 2013, “The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part One: Is The Disinformation Campaign a Crime Against Humanity or A Civil Tort?” Ethicsandclimate.org, http://blogs.law.widener.edu/climate/2013/01/30/the-climate-change-disinformation-campaign-what-kind-of-crime-against-humanity-tort-human-rights-violation-malfeasance-transgression-villainy-or-wrongdoing-is-it-part-one-is-the-disinformation/

Center for Media and Democracy, 2014, ALEC Exposed, http://alecexposed.org/wiki

Hansen, J., Kharecha P., Sato M., Masson-Delmotte V., Ackerman F., et al.,2013, Assessing Dangerous Climate Change: Required Reductions to Protect Young People, Future Generations and Nature,” PLoS One 8(12). Vermeer M., Rahmstorf S. (2009) Global Sea Level Rise Linked to Global Temperature, Proceedings National Academy Sciences USA PubMed NCBI Google Scholar; Grinsted A., Moore J., Jevrejeva S. (2010) Reconstructing Sea Rise from Paleo and Projected Temperature Rise, PubMed/NCBI Google Scholar; Liu J., Song M., Hu Y., Ren X. (2012) Changes in the Strength and Width of the Hadley Circulation, PubMed/NCBI Google Scholar; Parmesan C., Ecological and Evolutionary Response to Recent Climate Change, Annual Review of Ecology and Evolution of Systems 2006, 37: 637-639; 7: 2287-2312; Marshall J. and Soloman S., editors, Intergovernmental Panel on Climate Change., Climate Change 2007 (New York: Cambridge University Press, 2007); Final Report of Synthesis and Assessment Product,” 4.1, 4.2, 2.3, 1.2. U.S. Climate Change Science Program, avail from: http://www.usgcrp.gov;Rahmstorf S., Coumou D. (2011) Increase in Extreme Weather Events in a Warming World, Proceedings National Academy Sciences USA PubMed/NCBI Google Scho

Hansen, J., 2012, Game Over for the Climate,”New York Times, May 9. 2012.

James, W., 1902, The Varieties of Religious Experience, (New York: Longmans Green), p. 367.

Lutz, F., 2007, quoted in http://www.straight.com/article-67107/trust-us-were-the-media

McIntire, Mike, 2012, Conservative Nonprofit Acts as a Stealth Business Lobbyist, New York Times, April 21, 2012.

Mann, M., 2014, If You See Something, Say Something, New York Times, Jan. 17, 2014.

Oreskes, Naiomi and Conway, Eric , 2010, Merchants of Doubt, How a Handful of Scientists Obscured the Truth on Issues from Tobacco Smoke to Global Warming, Bloomsbury Press, New York, p. 39.

Pooley, E , 2010. Climate Wars, True Believers, Power Brokers and the Fight to Save the Earth, Hyperion, New York, p. 39.

Pilkington, Ed, 2013, Obamacare Faces New Threat at State Level from Corporate Interest Group ALEC, Guardian, November 20, 2013.

Pilkington, Ed and Goldberg, 2013, Suzanne. ALEC Facing Funding Crisis from Donor Exodus in Wake of Trayvon Martin Row, Guardian, December 2, 2013

PR Watch, 2011, A CMD Special Report on ALEC’s Funding and Spending, http://www.prwatch.org/news/2011/07/10887/cmd-special-report-alec

Steinbruner et. al., 2013, ALEC and the Environment: ALEC Exposed, http:www.nap.edu.catalog.php?record-id=14882)

Vogel, D., 2014, Koch World 2014, January 29, 2014, Politico, http://dyn.politico.com.

Washington Post, 2014, An Amazing Map or the Koch Brothers Massive Political Network, January 6, 2014.

By:

Robert L. Nadeau, Ph.D.

Professor Emeritus

George Mason University Widener University School of Law

Fairfax, Virginia 22030

Email: robnadeau@verizon.net

Donald A. Brown

Scholar in Residence and Professor

Harrisburg, Pennsylvania

Email: dabrown57@gmail.com

The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part Two: Is The Disinformation Campaign a Human Rights Violation Or A Special Kind of Malfeasance, Transgression, Villainy, Or Wrongdoing ?

Posted on February 4, 2013 by dabrown57

This is the second in a series looking at how to classify the climate change disinformation campaign given that it is some new kind of assault on humanity, yet not easily classifiable into existing categories of behaviors that cause great harm. Part One of this series identified four prior articles and three videos that Ethicsandclimate.org has previously produced on this subject as well as looking at whether this effort to undermine the mainstream scientific view about climate change can be classified as a crime against humanity or a tort under common law. These previous articles distinguished the tactics of the disinformation campaign from responsible skepticism and the acceptable exercise of free speech after explaining what is meant by the “climate change disinformation campaign” and how it operated.

I. Is The Climate Change Disinformation Campaign A Human Rights Violation?

A. Introduction

A very strong case can be made that human-induced climate change triggers human rights violations because of the destructive nature of climate change damages. If human rights are to be understood to be recognition of those norms that are necessary to protect human dignity, inadequate climate change policies must be understood to trigger human rights violations because climate change will not only make human dignity impossible for millions of people around the world, including countless members of future generations but also directly threaten life itself and resources necessary to sustain life. And so, as we shall see, climate change causing activities create human rights violations because of the enormity of harm to life, health, food, property, and inviolability of the right of all people to enjoy the places where they live.

Yet finding legal remedies under human rights legal theories for the the destructive role that the disinformation campaign has played in preventing or delaying solutions to climate change will require finding at a minimum: (a) a specific human right under and an existing human rights regime that has been violated by climate change, (b) a human rights regime that has the jurisdiction and legal authority to grant the requested remedy in the specific human rights controversy before it, (c) a legal theory supporting the claim that non-state actors, not just governments, responsible for the violations of human rights have duties to prevent human rights, and (d) a legal justification to link the duties of non-state actors to prevent human rights violations to the activities of the disinformation campaign.

B. Which human rights are violated by climate change and do human rights fora have the authority to adjudicate claims based upon the tactics of the disinformation campaign?

The 1948 Universal Declaration of Human Rights (UDHR) is usually viewed to be the foundational document in modern international human rights law. (UN, 1948). The UDHR is a non-binding ‘soft-law’ agreement among nations that over time has been complemented by a series of legally binding international treaties while retaining its status as customary international law. Because it is customary international law it could be relevant to damage claims made in civil litigation requesting damages in cases before international courts such as the International Court of Justice.

The two most important global human rights treaties in addition to the UDHR often stated to be the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).

The Universal Declaration on Human Rights identifies the following as entitled to rights protections that are relevant to climate change:

(a) Life, liberty, and security of person. (Article 1)

(b) Right to an effective remedy by national tribunals for violations of fundamental or constitutionals rights. (Article 8)

(c) Full equality to a fair public hearing by an independent and impartial tribunal, in the determination of a person’s rights and obligations. (Article 10)

(d) Freedom from arbitrary interference with privacy, family, home or correspondence. (Article 12)

(e) Freedom from being arbitrarily deprived of property. (Article 17)

(f) Right to a standard of living adequate for the health and well being of himself and his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (Article 25)

(g) Rights to a social and international order in which the rights and freedoms can be fully recognized. (Article 28) (UN1948)

The International Covenant on Economic, Social, and Cultural Rights (ICESCR) identifies the following as entitled to rights protections relevant to climate change protections:

(a) The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. (Article 11)

(b) The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:

a. To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

b. Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

(c) The right of everyone to the enjoyment of the highest attainable standard of physical and mental health… The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:… (c) prevention, treatment and control of epidemic, endemic, and occupational and other diseases. (Article 12)

The International Covenant on Civil and Political Rights (ICCPR) identifies the following as entitled to rights protections that are relevant to climate change protections:

(a) Inherent Right to Life. This right shall be protected by law. (Article 5)

(b) Right to be protected from arbitrary and unlawful interference with his privacy, family, home…. (Article 15)

A strong case can be made that climate change prevents people all around the world from enjoying the above rights.

These three documents i.e. the UDHR, the ICESCR, and the ICCPR are often considered to be the foundational documents that comprise an international bill of rights. Yet not all nations have adopted all three documents. Although the UDHR has been accepted by most nations of the world, the ICPCR and ICCPR have been less widely so. In fact the ICESCR has not been ratified by the United States and therefore may be inapplicable to climate change caused human rights violations in the United States. To date, these two treaties have been ratified by about 75 percent of the world’s countries. The UDHR is a “soft-law” document which has normative, but not legal force in the international system. The ICESCR and ICCCPR were the first of many treaties that have been enacted to give the protections identified in the UDHR the force of law.

A country ratifying a UN human rights treaty agrees to respect and implement within domestic law the rights the treaty covers. It also agrees to accept and respond to international scrutiny and criticism of its compliance. It does not necessarily agree to make the human rights norm directly enforceable in domestic courts. That usually requires implementing legislation.

Treaty enforcement is accomplished within the UN often with the creation of a body to monitor states’ performance, and to which member states are required to submit periodic reports on compliance. For instance, the ICCPR is implemented through the Human Rights Committee (HRC) which was created to promote compliance with its provisions. The HRC frequently expresses its views as to whether a particular practice is a human rights violation, but it is not authorized to issue legally binding decisions. Other treaties and bodies exist within the UN system with varying enforcement and implementation powers and duties to implement human rights goals. For the most part, these enforcement powers are weak and improvements in human rights violations are best achieved through holding offending nations to the court of international opinion rather than law.

In addition, several regional human rights regimes have been enacted that promote human rights in particular parts of the world. These regions include Europe, the Americas, and Africa which have their own declarations and conventions for enforcement of human rights on a regional basis.

Thus far no one has successfully brought a human rights claim for climate change caused damages although the Inuit Peoples filed such a claim in the Inter-American Commission on Human Rights. Before a successful human rights claim can be brought in an existing legal forum in regard to climate change, several potential legal hurdles need to be overcome that have little to do with whether a nation or an individual has committed a human rights violation. These hurdles include jurisdictional, issues, questions of proof, and authority of the relevant forum. For this reason, the failure to successfully bring legally recognized human rights claims may have little to do with whether the offending behavior has created a violation of the protected right but more with the limitation of the existing legal regime. And so, the failure to bring a successful action against the climate change disinformation campaign in an existing human rights forum does not mean the disinformation campaign is not responsible for human rights violations.

Examining climate change through a human rights lens has the benefit of providing potential access to legal fora that have been created to adjudicate aspects of human rights violations. Given that there are no obvious legal fora to bring civil actions against those who have participated in the climate change disinformation campaign, pursuing remedies for human rights violations caused by climate change has the advantage of being able to file legal claims in existing judicial fora.

Potential fora include, at the global level, the Human Rights Committee established by the International Covenant on Civil and Political Rights and the Committee on Economic, Social and Cultural Rights established by the International Covenant on Economic, Social and Cultural Rights. Regional tribunals include the Inter-American Commission and Court of Human Rights and the European Court of Human Rights. In addition, claims could potentially be pursued in national courts–for example, in the United States under the Alien Tort Statute.

Yet each of these fora have different jurisdictional limits on bringing legal actions on human rights basis. In this regard, a case brought on behalf of the Inuit Peoples in the Inter-American Commission on Human Rights sought to find that the United States was responsible for international human rights violations is illustrative of potential road blocks to bringing successful cases for human rights violations in existing legal rights fora.

The petition detailed the effects of rising Arctic temperatures on the ability of the Inuit to enjoy a wide variety of human rights, including the rights to life (melting ice and permafrost make travel more dangerous), property (as permafrost melts, houses collapse and residents are forced to leave their traditional homes) and health (nutrition worsens as the animals on which the Inuit depend for sustenance decline in number). The petition connected the rising temperatures to increasing levels of greenhouse gases, and in particular, to the failure by the United States to take effective steps to reduce its emissions.

In November 2006, the Commission informed the petitioners
that it had determined that “it will not be possible to process your
petition at present.” The IACHR did not explain its reasoning, stating only that “the information provided does not enable us to determine whether the alleged facts would tend to characterize a violation of [protected human] rights.” The Commission did hold a hearing on the connection between climate change and human rights in March 2007, but it has taken no further action.

It would appear that IACHR did not believe it had the legal authority to order the specific relief requested by the petitioners, namely to issue an order to the United States to reduce its greenhouse gas emissions. And so the IACHR did not decide the case on the merits of the underlying claim that the United States had contributed to human rights violations of the Inuit people, it appeared to decline to act on the basis of legal issues about its own authority.

(B) Do the duties to prevent human rights violations bind non-state actors including corporations?

It is not clear as of yet the extent to which human rights regimes create duties for individuals and corporations, that is non-state actors. Bodansky summarizes the current state of this legal question.

[A] crucial question is whether the duties to respect, protect and fulfill apply to private actors as well as states. International criminal law demonstrates that international law can in some case impose duties directly on individuals, and some have proposed that corporations have duties to respect human rights. So, at least in theory, human rights law could impose a duty on private actors to respect human rights by limiting their emissions of greenhouse gases. But generally, human rights law – like international environmental law – imposes duties on states rather than on corporations. If this is true of climate change,then human rights law limits the activities of non-state actors only to the extent that states have a duty to protect against climate change by regulating private activities.

And so, it is not clear whether the corporations that have participated in the disinformation campaign can be sued in the various human rights tribunals, yet nations may have a duty to regulate emissions from those corporations participating in the climate change disinformation campaign under human rights theories.

(C) Are the participants in the disinformation campaign liable for contributing to human rights violations?

A final issue that needs to be overcome to successfully bring a legal action against the participants in the disinformation campaign for violating civil rights of people around the world is identifying a legal basis for concluding that the disinformation campaign unlawfully caused the violation of civil rights. Because most of the participants in the disinformation campaign are corporations that are also emitters of greenhouse gases, these corporations like all greenhouse gas emitters arguably have duties to reduce their greenhouse gas emissions to levels that in combination with other emitters do not deprive people around the world from enjoying legally protected rights. Yet it is not clear, that the tactics of the disinformation campaign alone make the participants in the disinformation campaign responsible for human rights violations by themselves.

However, most governments make it a crime for individuals to conspire to deprive people of their human rights. For instance, under US law it is a crime for persons to conspire to deprive another of the rights of an individual that has been secured by the individual through the United States Constitution or through any other laws of the United States. Although this specific law has not been tested in regard to climate change, it is generally viewed to be a breach of civil and sometimes criminal law to conspire to deprive people of their rights. As we saw in Part One of this series, the Plaintiffs in the case of Kivalina versus ExxonMobil et al asserted that the fossil fuel companies that have been part of the disinformation campaign conspired to harm the residents of Kavalina. And so there may be sufficient facts about the disinformation campaign that could form the basis of a claim that if proven could be the basis for finding responsibility for individuals participating in the climate change disinformation campaign yet only an actual case will test this possibility.

(D) Conclusions in regard to classifying the disinformation campaign as a violation of human rights.

There is little question that the more than 20 year delay in taking action on climate change in the United States for which the disinformation campaign is at least partially responsible for has prevented people around the world from enjoying a host of human rights that are now recognized in a variety of human rights regimes around the world. Yet, as was the case in categorizing the disinformation as a crime against humanity or a common law tort, there may be no existing legal remedy under existing human rights law that can be deployed to deal with the harms created by those participating in the disinformation campaign. And so once again, there may be serious deprivations of human rights caused by the disinformation campaign without legal remedies. Only time will tell whether those who have been harmed by climate change will be able to successfully bring a legal action against those engaged in the disinformation campaign for damages.

II. What Kind of Malfeasance, Transgression, Villainy, Or Wrongdoing is The Behavior of the Disinformation Campaign?

We have seen thus far from the previous analysis in this two part series that there may be no legal remedy under existing law relating to crimes against humanity, civil tort, or human rights law for the harms caused by the climate change disinformation campaign. Yet the harms attributable to the disinformation campaign are so potentially catastrophic to hundreds of millions of people around the world that laws relating to crimes against humanity, civil tort, and human rights should be amended to provide legal sanctions under these legal theories for at least for the more egregious tactics that have sometimes been deployed by some participants in this campaign.

Yet there is no doubt that some of the tactics deployed by the disinformation campaign, to be distinguished from responsible skepticism that should be encouraged, constitute some kind of malfeasance, transgression, villainy, or wrongdoing. To understand the full moral abhorrence of the disinformation campaign, a complete description of the tactics employed by the disinformation campaign is necessary and how the moral abhorrence of these tactics can be distinguished from the reasonable exercise of free speech, the right of individuals to express opinions, and the benefits to society from skeptical inquiry. Ethicsandclimate.org reviewed these issues in four articles and three videos. These prior articles explained what is meant by the disinformation campaign, distinguished the tactics of the campaign from responsible scientific skepticism which should be encouraged, and described how the disinformation campaign was funded and organized.

The four part written series can be found at:

1. Ethical Analysis of the Climate Change Disinformation Campaign: Introduction to a Series.

2.Ethical Analysis of the Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups.

3.Ethical Analysis of Disinformation Campaign’s Tactics: (1) Think Tanks, (2) PR Campaigns, (3) Astroturf Groups, and (4) Cyber-Bullying Attacks.

4. Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign.

The three part video series can be found at:

Why The Climate Change Disinformation Campaign Is So Ethically Abhorrent.

The Ethical Abhorrence of The Climate Change Disinformation Campaign, Part 2.

The Ethical Abhorrence of the Climate Change Disinformation Campaign, Part 3.

We particularly recommend the first video for an overview of why the disinformation campaign is so morally abhorrent. Here it is:

httpv://www.youtube.com/watch?v=qPdMFYMJ8dc

This video explains how destructive the disinformation campaign has been in preventing or delaying government action to reduce the threat of climate change.

In summary, at least some of the tactics of the climate change disinformation campaign are some new kind of assault on humanity which could be dealt with under expanded legal theories about crimes against humanity, civil tort, or human rights.

The philosopher Hans Jonas argued that the potential of new technologies to create great good and great harm creates the need to establish new social norms about how to deal with scientific uncertainty. Following Jonas’ logic, the enormity of potential harms from a problem like climate change creates the need to establish new norms about the need to be extraordinarily careful about claims that there is no danger threatened by certain human activities. We have examined in the last of the four articles above, what these new norms might look like given the need to encourage responsible skepticism yet assure that assertions that there is no danger are made responsibly. Because the climate change disinformation campaign deployed tactics that were designed to undermine the scientific basis that supported taking policy action to reduce the threat of climate change and in so doing used tactics that are ethically abhorrent, the climate change disinformation campaign should be used to develop new legal and moral norms about the need to be responsible when discussing very dangerous human activities. Just as it would be morally abhorrent for someone to tell a girl who is lying on a railroad track that she can continue to lie there because no train is coming when that person did not have reliable knowledge that no train was coming while having an economic interest in the girl staying on the track, so it is deeply ethically troublesome for those engaged in the disinformation campaign to tell the US people that there is no evidence that fossil fuels are causing climate change without subjecting their claims to the rigor of peer-review.

By:

Donald A. Brown

Scholar In Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com