This is part II of a series on: Why Nations Should Support Mechanisms For Financing Needed Adaptation and Loss and Damages From Climate Harms That Create Climate Change Refugees.
Part 1 explained that climate change is already creating millions of refugees and threatens to create many millions more.
Part 2 will cover why relevant international law on causation of trans-boundary harms is consistent with the creation of a mechanism for financing loss and damages from climate change induced harms and thus why developed nations should support the creation of such a mechanism.
V. International Law On Compensation for Loss and Damages (L & D) Caused by Trans-boundary Caused Harms.
Nations agreed under the 1992 UNFCCC pro Preamble:
Recalling also that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or areas beyond the limits of national jurisdiction (UNFCCC, 1992, Preamble) .
Thus governments expressly agreed in the 1992 UNFCCC that they had a duty to abide by the “no harm” rule which required them to prevent activities within their jurisdiction from harming others beyond their borders. Yet they were already bound by the “no harm” principle because it is a principle of customary international law. In international law, customary law refers to the Law of Nations, or the legal norms that have developed through customary exchanges between states over time.
The history of L&D in climate negotiations dates back to 1991 when the Alliance of Small Island States called for a mechanism that would compensate countries affected by sea level rise. The concept of loss and damage made it into a climate decision coming out of a climate negotiations when in 2010 the so-called loss and damage work program was initiated at COP16, which finally lead to the establishment at COP19 in 2013 of a body to deal specifically with issues relating to loss and damage: the Warsaw International Mechanism on Loss and Damage (or WIM for short). With the inclusion of Article 8 of the Paris Agreement in 2015, loss and damage has now become firmly installed as a thematic pillar under the United Nations Framework Convention on Climate Change (UNFCCC). Under Article 8 of the Paris Agreement, all nations agreed;
1. Parties recognize the importance of averting, minimizing and addressing loss and damage associated with the adverse effects of climate change, including extreme weather events and slow onset events, and the role of sustainable development in reducing the risk of loss and damage.
2. The Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts shall be subject to the authority and guidance of the Conference of the Parties serving as the meeting of the Parties to this Agreement and may be enhanced and strengthened, as determined by the Conference of the Parties serving as the meeting of the Parties to this Agreement.
3. Parties should enhance understanding, action and support, including through the Warsaw International Mechanism, as appropriate, on a cooperative and facilitative basis with respect to loss and damage associated with the adverse effects of climate change.
UN Paris Agreement, 2015, Art 8
Determining a nation’s responsibility for specific climate change caused harms can be challenging because climate change damages are the result of a multitude emitters, emitting activities, and emitted gases. It is, thus, evident that the question of how to determine responsibility among nations when allocating responsibility for climate harms and damages is a challenge which cries for a negotiated set of rules that enable rational comparison among nations that failed to prevent activities in their nations from harming others beyond their borders.
In common and civil law the principle of joint and several liability is recognized as a method for allocating responsibility among multiple defendants. But no such rule exists in international law.
Yet human induced climate change has scientific features that could provide the basis for negotiating rules for allocating responsibility for climate harms. The amount of harm caused by climate change is a function of atmospheric GHG concentrations and background climate conditions which change seasonally. Atmospheric CO2 has features that are different than other air polluting substances that have pofound policy implications. CO2 mixes well in the atmosphere and is very long lived. Although approximately 80% of CO2 emissions are removed by carbon sinks in 100 years, some stay in the atmosphere for tens of thousands of years contributing to climate change harms everywhere for a very long time.
As we have seen earlier in this discussion, climate change has features that other environmental problems dont have which has profound implications for policy including the fact that all CO2e emissions contribute to atmospheric Co 2 concentrations globally and are long lived in the atmosphere thus contributing to harms everywhere.
In determine whether climate harms are attributable to the failure of a nation to comply with its responsibility to prevent activities within its jurisdiction from harming others, historical experience could be used to link projected climatic shifts with their probable physical, economic, social and human impacts (e.g., the probable impacts of temperature increase or excessive rainfall on ecosystems, populations and agricultural productivity, or probable impacts of sea level rise on coastal land area and infrastructure).
Baseline information might include, for example, average number of days of drought over a period of years, average annual or seasonal rainfall over a period of years, or average frequency and intensity of extreme weather events.
VI. National Legal Responsibility for Breach of the No Harm Rule
The no harm rule is understood to be an obligation of a nation to prevent foreseeable harm beyond a nation which has been interpreted to require nations to act to prevent harm when nations have;
(i) the opportunity to act to prevent harm:
(ii) foreseeability or knowledge that a certain activity could lead to transboundary
(iii) have taken proportionate measures to prevent harm or minimize risk.,
WWF-UK-2008, Beyond Adaptation, (2008:18)
VII. The Opportunity to Act has Long Existed
A State can only fail to exercise due diligence with respect to a specific prevention duty if it does not act where it otherwise could have. In the framework of climate change damage, almost every State has had the opportunity to take measures to prevent damage or to minimize the risk of damage. Each ton of a GHG not emitted, and every carbon sink preserved in the long term reduces the risk of further damage.
IX. Proportionate Measures Were Not Taken
In order to determine whether any nation took proportionate measures to avoid climate caused harms that created refugees ideally. any critical analysis would have to consider the atmospheric concentrations of greenhouse gases that triggered the harm and then consider whether that nation took steps to reduce their greenhouse gas emissions to their “equitable” share of global missions that were responsible for the atmospheric concentrations that caused the harm. Such analysis would likely lead to the conclusion that zero global emissions were necessary to avoid the climate change induced har that caused the transboundary harm. . Yet as we have seen in this first part of this discussion zero greenhouse gas emissions have been necessary to achieve the Paris agreement’s warning limit goals of 1.5°C but no greater then 2°C. In addition, the world needs to reduce global emissions to net zero to avoid destabilizing several climate “tipping points” several of which are already showing alarming signs of destabilization. Whatever the atmospheric concentration is deemed adequate to prevent the harms that will minimize the suffering of climate caused refugees, and to determine any nation’s equitable share, governments have to grapple with what “equity” requires of the nation.
Although reasonable people may disagree on what equity expressly requires of a nation to reduce its GHG emissions, the Intergovernmental Panel on Climate Change (IPCC) said its 5th Assessment report that despite some ambiguity about what equity means:
There is a basic set of shared ethical premises and precedents that apply to the climate problem that can facilitate impartial reasoning that can help put bounds on the plausible interpretations of ‘equity’ in the burden-sharing context. Even in the absence of a formal, globally agreed burden sharing framework, such principles are important in expectations of what may be reasonably required of different actors (IPCC, 2014, AR5, WGIII, Ch.4.pg 317).
The IPCC went on to say that;
(T)hese equity principles can be understood to comprise four key dimensions: responsibility, capacity, equality, and the right to sustainable development (IPCC, 2014, AR5, WGIII, Ch.4, pg 317).
Nations were already required under the Paris agreements “transparency” mechanism to explain periodically how they determined what equity requires of them when they established their NDC. Yet a 2015 study of 15 nations NDCs revealed that nations nor their NGOs demonstrated an understanding of what “equity” required of them.. (IUCN, 2015).For this reason, any mechanism to fund loss and damages will have to grapple with what equity requires of it, a matter which will be raised in any mechanism for loss and damages.
X. Why Developed Nations Should Support A Mechanism for a Adaptation and Loss and Damages Funding For Harms that Affect and Cause Refugees .
Nations have not only agreed to be bound by the no harm principle, they have agreed that they have a duty to cooperate to develop rules regarding compensation and liability.
States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction. Rio Declaration, 1992` Principle 13,
The harms suffered by refugees may require negotiations for recovery for both economic and non-economic damages including rights to adequate temporary housing, access to adequate health care, and food,
Why would Parties ratify liability and compensation schemes? Attaching clear liability and responsibility for the transboundary consequences of environmental pollution helps to enforce regulatory regimes established to protect the environment. Participation in liability and compensation regimes reduces uncertainty for States which might otherwise have to cover loss and damage caused by their citizens and incurred by citizens of other States when adequate compensation cannot be obtained from the responsible parties. These regimes also reduce uncertainty for potential victims, by ensuring the availability of a certain minimum level of compensation and elaborating procedures for making claims. Finally, these regimes reduce risk for those investing in business operations that engage in activities associated with risk, by defining limits of liability.
As the preceding Section V explains, there is a sound legal basis under customary international law and the UNFCCC for States seeking compensation for damage and loss resulting from the impacts of climate change. Nevertheless, each individual case would meet with a number of challenges under existing law, among them the apportionment of responsibility between the various countries that have acted in breach of the no-harm rule. They would also be likely to require specially-commissioned scientific investigations with attendant costs, for in relation to causation and damage assessment. These cases could proceed in an forum, with good prospects of success, adding to the potential liability and litigation risk uncertainty that already exists with respect to private claims and possible tort actions.
Such individual cases should not, however, be the path of choice. International law is based on the notion of cooperation and the avoidance of adjudication – where possible – in favor of diplomatic solutions. Cumbersome individual cases should not be necessary, given that the climate regime is based on the notion of cooperation and good faith. The view has been expressed by international law scholars that States even have a legal duty to provide negotiated solutions where environmental damage is expected to occur, so that prompt and adequate compensation can be obtained in practice.
Although the issues of who pays what, to whom, and when, will be challenging to resolve, and ratification of such an instrument could face substantial domestic hurdles, a negotiated treaty to address the unavoided and unavoidable loss and damage is likely to be the only appropriate and practical solution to addressing climate change damage. The ‘AOSIS Proposal’ of 1991 provides a glimpse of what could be conceivable – not least as it only covers one type of damage.. International law principles and precedent provide support for the negotiation of a compensation instrument, as a necessary and appropriate response to this regulatory gap. The current negotiations leave room to begin this discussion.
Nations should also support financing adaptation and mechanisms to compensate those outside their borders for harms created by activities within their borders because, as the 2008 US Army War College report concluded, such harms are likely to cause social disruptions including violence against those who caused climate induced suffering. (Pumphery, 2008) The Army War College also concluded after describing in detail the higher levels of conflict and chaos that expected increases in unplanned population movements will cause, the US support for a mechanism which deals with the human and political turbulence will be viewed as a public good that is necessary in order to cope with the looming consequences of climate change. (Pumphrey, 2008, 112)
XII. The Moral Case for a Loss and Damage Mechanism under International Law
Although some moral claims are controversial, a claim that nations who cause harm and suffering to places and people living beyond their boarders have a moral duty to compensate those that they have been harmed without their consent is consistent with the golden rule, a moral obligation acknowledged by almost all the world religions. This rule says that people cant harm others because of benefits to them. Furthermore, almost all nations agreed that they had a moral duty to compensate for damages if they harmed others when they adopted the 1992 Rio Declaration which provides:
National authorities should endeavor to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment. (Rio Declaration, 1992. Principle 16)
The creation o f a Loss and Damage mechanism will raise both tricky procedural and distributive justice issues.
Already some opposed to the mechanism are warning of the mischief that developing countries may do if the fund is created. For instance, opponents of the mechanism are claiming developing countries may seek compensation for comparatively trivial harms. All of these concerns can be minimized through negotiation of the rules.
Brown, D., Breakey, H., Burdon, P., Mackey B., Taylor, P (Brown et al., 2018) A Four-Step Process for Formulating and Evaluating Legal Commitments Under the Paris
Agreement, Carbon ; Climate Law Review, Vol 12, (2018) Issue 2, Pg 98 –
Center for Science Education, Sea Level Change in Bangladesh
Ceasar L, et al, 2022, Current Atlantic Meridional Overturning Circulation Weakest in Last Millennium, Nature GeoScience
Current Atlantic Meridional Overturning Circulation Weakest in Last Millennium | Nature Geoscience,
Press coverage of natural gas fracking controversies in Pennsylvania and other places where natural gas fracking has boomed in the last few decades has mostly focused on disputed claims about gas development’s adverse environmental impacts to water, air, forests, and land, while largely ignoring natural gas’ continuing contribution to ominously rising atmospheric greenhouse gas (GHG) concentrations.
When the natural gas fracking boom began about two decades ago, proponents of natural gas combustion often sold it as a “bridge fuel” for climate change because natural gas combustion only emits only 53% of the CO2 emitted by coal combustion provided that methane leakage from the gas production and distribution system is less than 3% of the produced gas. Although the actual amount of methane leakage from gas production remains somewhat contentious, even if there is no methane leakage from gas production, because the international community has understood for at least a decade that the world must move toward zero carbon emissions within several decades to prevent climate catastrophe, government action to replace natural gas with non-fossil energy should have been an imperative at least throughout the last decade of natural gas fracking expansion to make the transition to non-fossil energy needed to avoid planetary disaster feasible.
The failure to move quickly to non-fossil energy in the last decade is partially responsible for the rise of atmospheric CO2 to reach 415 ppm, a concentration never experienced in human history. Because even modest amounts of additional warming above current global elevated temperatures create the risk that certain thresholds, or “tipping points,” in the climate system may be exceeded causing much more abrupt climate change, human-induced climate change creates grave threats to life on Earth. For this reason, every country in the world agreed in Paris in 2015 to act to limit additional warming as close as possible to 1.5 0C but no more than 2.00 C.
Yet, to achieve the Paris Agreement’s warming limit goals will require an “all hands on deck” by all governments at all levels to completely decarbonize their economies by 2045 to keep warming below 1.5 0C and by 2070 to achieve the 2.00 C limit. Making matters worse, when the 2.00 C goal was adopted in Paris, many scientists believed that achieving this warming limit would prevent abrupt climate change that would be caused if the Earth’s climate tipping points were exceeded. Yet, recent evidence has frightened many climate scientists because a few of the tipping points, including rapid increases in methane and CO2 emissions liberated when artic permafrost melts, are already beginning to appear, making the climate crisis a staggering global emergency.
Yet climate change is not only a horrific future calamity, the 1.1 0 C temperature rise the Earth has experienced since the beginning of the industrial revolution has already caused brutal suffering by causing increases in killer hurricanes, unprecedented flooding, droughts, forest fires, storm surges, climate refugees, increases in vector-borne and tropical diseases, killer heat stresses, loss of valued ecological systems including coral reefs around the world, and human conflict in Syria and parts of Africa. Because natural gas combustion has contributed to raising atmospheric GHG concentrations which is causing these horrors, nations have both a moral and legal duty under the “no harm principle,” a provision of customary international law agreed to by the United States in the 1992 United Nations climate convention to not harm citizens in other countries. Thus, all levels of government in the US must replace energy technologies which emit GHGs with technologies that don’t raise atmospheric GHG concentrations ASAP.
In addition, the two most compelling arguments that proponents of rapid natural gas expansion sometimes made in opposition to ambitious proposed policies that would replace fossil fuels with renewable energy are no longer viable if they ever were. First, although at one time wind and solar energy were more expensive than gas, renewable energies are now competing favorably with fossil energy on cost. Second although renewable energies need backup sources of energy when the wind is not blowing or the sun is not shining, energy storage technologies including batteries, are rapidly improving in capacity while lowering price. This is the reason that growing numbers of national and local governments have set targets to achieve 100% renewable energy in the electricity sector and ambitious targets to replace fossil fuel powered vehicles with electrically powered transport in the next several decades.
For these reasons, Pennsylvania and other places where natural gas fracking has boomed must acknowledge that the only bridge that natural gas is now a bridge to is a bridge to world catastrophe and therefore must adopt policies to replace all fossil fuel technologies with technologies which don’t emit GHGs ASAP.
One day in September1997, while serving as Program Manager for United Nations Organizations in the US EPA Office of International Activities, I was sitting at the microphone representing the United States during negotiations of the UN Commission on Sustainable Development when an agenda item arose about whether governments were willing to stipulate that the global warming then already discernible as had largely been predicted by the peer-reviewed science, was human-caused rather than the result of natural forces. These natural climate drivers include, among others, several cyclical changes in the sun’s energy output that reaches Earth, changes in ocean circulation and chemistry, movement of the Earth’s tectonic plates, and CO2 releases as the result of volcanic activity.
A few OPEC countries led by Saudi Arabia at the start of the negotiation on this matter balked at agreeing to language that concluded that human activities were responsible for the growing climate change threats. Yet when I pointed out that their scientific representatives had agreed to the very same language under discussion in a meeting of climate scientists the year before, all countries finally agreed to stipulate that the growing global warming was human-caused. Thus, every country in the world, including the world’s petroleum states which have consistently blocked global action on climate change, agreed more than two decades ago that the ominous climate changes the world has been experiencing are largely caused by rising levels of GHGs in the atmosphere which are attributable to human activities.
The reason for the universal international agreement among nations that humans are responsible for the climate change the world is experiencing is that the evidence of human causation is extraordinarily compelling despite the fact that the Earth has experienced warming and cooling cycles during Earth’s history in responses to natural forces. The confidence of human causation is very high because scientists: (1) can predict how the Earth will warm up differently if a layer of GHGs in the atmosphere warms the Earth compared to how our planet warms if the natural forces that have caused warming in the Earth’s historical heating and cooling cycles, (2) have known precisely since the mid-1880s the amount of energy a molecule of CO2 generates in watts per square meter, (3) have known that the CO2 accumulating in the atmosphere is from fossil fuel combustion because of its chemical isotope, (4) have determined that the CO2 accumulating in the atmosphere is directly proportional to the timing and amount of fossil fuel combustion around the world, (5) tested these lines of evidence rigorously in computer model experiments since the 1960s.
Climate change is not only a terrifying future problem, it is already causing increasing devastation and human suffering to more and more parts of the world. Just in early March, Cyclone Idai devastated Mozambique, Zimbabwe, and Malawi killing over a 1000 people and displacing hundreds of thousands of others in Mozambique alone. The New York Times described the devastation as follows:
Nearly a week after southern Africa was hit by one of the worst natural disasters in decades, it was all rescue workers could do to try to reach the victims let alone count the dead. People were climbing to trees desperately waiting for some form of rescue. Around them, the remnants of homes sat in piles, collapsed as easily as if they had been houses of cards. Hundreds of thousands of people in Mozambique alone were displaced and everywhere there was a vast inland sea where once there had been land.
The 1.1 0C temperature rise the Earth has experienced since the beginning of the industrial revolution that the mainstream scientific community has attributed to human activities has already caused brutal suffering caused by increases in killer hurricanes, unprecedented flooding, droughts, forest fires, storm surges, climate refugees, increases in vector-borne and tropical diseases, killer heat stresses, loss of valued ecological systems including coral reefs around the world, and human conflict in Syria and parts of Africa.
Because even modest amounts of additional warming create the risk that certain thresholds, or “tipping points,” in the climate system may be exceeded causing much more abrupt climate change, human-induced climate change creates grave threats to life on Earth. These thresholds include ice sheet destabilization, methane leakage stored in permafrost and oceans, loss of the energy reflective properties of sea ice, and changes to the ocean heat circulation system among others. If some of these tipping points are triggered, the increased warming will subject some parts of the world, including many African states, large parts of the middle east, and hundreds of cities near oceans to multiple impacts including crop failures, deadly heat waves, expansion of tropical diseases, flooding, and drought. Thus, future devastation threatened by climate change is horrifying. For this reason, all the nations of the world in 2015 agreed to adopt policies that limited warming to as close as possible to 1.5 0C but no greater than 2.0 0C. Yet limiting the warming to these levels will require all nations and levels of government, including state and local governments, to act with a war-like coordinated effort to decarbonize the global economy.
Despite the universal agreement among nations that climate change is human-caused and very dangerous, the Republican-controlled Pennsylvania House Committee on Environmental Resources and Energy invited Gregory Wrightstone on March 27 to testify on climate change issues. Mr. Wrightstone’s only qualifications to testify as an expert on climate change are bachelors and masters degrees in geology and some published research on geology including the geology of the Marcellus shale. Although Mr. Wrightstone acknowledged that he has never published in the peer-reviewed climate science literature, Mr. Wrightstone took issue with the conclusions of 97% of climate scientists who publish in peer-reviewed climate science literature and who support the consensus view on human causation of climate change and its potentially catastrophic impacts to the human race from current climate change trends. The “consensus” view on climate science is also supported by 80 academies of science in the world, including the US Academy of Science, and at least 21 prestigious scientific organizations whose members engage in science relevant to climate change including the American Geophysical Union, the European Geosciences Union, the Geological Sciences of America and London, organizations whose members include geologists, Mr. Wrightstone’s discipline.
The consensus view of mainstream science has often been initially articulated by the Intergovernmental Panel on Climate Change (IPCC), an organization created by the world’s governments and the United Nations at the suggestion of the United States in 1988 to synthesize the peer-reviewed climate change science and make recommendations to the world’s governments on climate change policies. IPCC does not do independent scientific research but approximately every five years examines the peer-reviewed scientific literature and draws conclusions which are further reviewed by climate scientists and approved by experts from the governments of the world. The IPCC has issued five comprehensive assessments starting with the first assessment report in 1990 and several special reports. The 5th assessment was published in 2014 and was written by 861 climate scientists whose nominations were reviewed to determine whether they had expert qualifications in climate science. (IPCC, 2014)
Mr. Writestone’s testimony began with a statement that he would “undercut the notion that our changing climate is primarily caused by human-caused increases in greenhouse gases and those changes are having negative impacts on Earth’s ecosystems and on humanity.”
Skepticism in science is a good thing, in fact, it is the oxygen that allows science to make contributions to human understanding of how the world works. But skeptics, to be taken seriously, must abide by the rules of science which require that scientific claims be subjected to peer-review. Mr. Wrightstone’s claims about climate change made during the March 31 hearing not only have never been peer-reviewed, but they were also either dramatically inconsistent with peer-reviewed climate change science or were cherry-picked facts that although true on their face do not undermine the conclusions of peer-reviewed science. “Cherry-picking” means picking from possible facts only those facts that support a predetermined conclusion while ignoring other facts. Examples of Mr. Wrightstone’s cherry-picked arguments made in his testimony to undermine the scientific consensus view that human activities were responsible for raising atmospheric CO2 to dangerous levels included that:
The current concentration of CO2 is very low compared to other levels in the historical record, ignoring the strong scientific consensus that current elevated CO2 levels are human-caused and global catastrophe is likely unless there is an unprecedented international effort to rapidly reduce GHG emissions;
Earth’s ecosystems thrived when CO2 levels were much higher, ignoring the fact that when atmospheric CO2 levels got high enough, the resulting warming tripped dangerous positive feedbacks which led to abrupt warming increases that several times caused mass extinctions of much of life on Earth and mainstream scientists believe that the current rise in global temperatures is approaching levels which may trigger several of these positive feedback triggers which could cause abrupt very dangerous levels of warming;
CO2 is good because it promotes plant growth and prevents the Earth from getting too cold, ignoring the huge scientific literature that has identified enormous human suffering and damages that current levels of warming have already caused particularly harming the world’s poorest people and the potential to cause abrupt climate change which could cause mass extinction;
Current concentrations of CO2 are not unprecedented if one looks at the full history of the Earth’s atmosphere rather than the time span usually considered, ignoring the scientific evidence that that high CO2 levels in the Earth’s history were sometimes responsible for causing mass extinctions and conditions such as sea level rise which would now cause hard-to-imagine destruction especially to hundreds of the Earth’s most populated cities small island states, and poorest people and countries.
Several sociologists, including Dr. Robert Bruelle from Drexel University and Riley Dunlap from Oklahoma State, among others, in many peer-reviewed sociological papers and in a recent book (Dunlap and McCright, 2015), have documented how some fossil fuel companies or their industrial organizations such as the American Petroleum Institute, and free-market fundamentalists foundations and think tanks have funded and supported efforts to undermine the public’s faith in the consensus view of climate science similar to the way the Tobacco Industry supported disinformation about the health threats of smoking tobacco. One of the tools in this effort has been to financially support or publicize the claims of climate skeptics whose claims frequently have not been subjected to peer review.
Mr. Wrightsone’s claims, like many of the arguments made by climate skeptics supported by the fossil fuel industry, not only have not been subjected to peer-review, they were dramatically inconsistent with the large body of peer-reviewed scientific evidence.
I have no evidence that Mr.Wrightstone’s testimony was orchestrated by any members of the Pennsylvania fossil fuel industry or politicians that frequently represent their interests, however, his testimony was similar to the problematic claims of the skeptics supported by the fossil fuel industry organized climate science disinformation campaign.
Mr. Wrightstone also took issue with the frequent claim that the consensus climate science is supported by 97% of climate scientists by stating he was one of the 97% while ignoring that the full claim is that 97% of scientists who engage in “peer-reviewed” climate change science, a group he does not belong to, support the consensus view along with every academy of science in the world, including the US Academy of Science.
Mr.Wrightstone’s testimony included arguments against two proposals under consideration in Pennsylvania that would lower GHG emissions from the state. One, a petition before the Pennsylvania Environmental Hearing Board to establish a Pennsylvania cap and trade program similar to programs in other states. The second proposal is known as the Transportation and Climate Initiative which is a proposed multi-state cooperative program to reduce greenhouse gas emissions from the transportation sector.
His argument against these two programs was that the Governor and the House Committee should make recommendations on these two programs that were based on scientific facts, not on a politically driven narrative of coming planetary gloom. Yet the “facts” of science are established in constant testing through peer-review.
On May 1, the Senate Majority Policy Committee held a hearing about climate change at which Mr; Wrightstone along with climate change deniers David Legates (The Heartland Institute) and Joe Bastardi (WeatherBELL Analytics/frequent FOX News contributor) also testified making arguments that disagreed with the enormous peer-reviewed science which has been synthesized by 861 climate scientists in the Intergovernmental Panel on Climate Change’s and agreed to by every government in the world and every Academy of Science in the world. The testimony of all three of these skeptics took issue with elements of the scientific consensus view agreed to by every country in the world and their Academies of Science.
We have written extensively on this site under the category “disinformation” in the above index about why the fossil fuel disinformation campaign is some new heinous crime against humanity. (see index above under “disinformation”) Also see D. Brown, Is climate science disinformation a crime against humanity?
Yet, because the Pennsylvania state government has done little so far to adopt aggressive climate change policies, but Pennsylvania Governor Wolf has announced his intention to begin to adopt Pennsylvania climate change policies that will significantly reduce Pennsylvania’s GHG emissions, the legislative hearings discussed in this article which have been devoted to publicizing the views of climate skeptics who have not published the claims made in the hearings in peer-review journals are likely only the beginning of more intense efforts to undermine the public’s confidence in mainstream climate science.
Pennsylvania is the third largest emitter of GHGs among US states, behind only Texas and California. The Keystone state is responsible for 1 percent of global emissions yet has only 0.19 percent of the global population.
The Pennsylvania legislature and the Wolf administration have thus far failed to enact policies that will prevent activities in Pennsylvania from causing harsh climate impacts here and to hundreds of millions of the most vulnerable people around the world. Although Governor Wolf in January took the welcome step of issuing Pennsylvania’s first executive order on climate change which included a goal of reducing GHGs by 26 percent reduction by 2025 and an 80 percent reduction by 2050, from 2005 levels, these targets are woefully short of Pennsylvania’s fair share of needed global action to achieve the 2015 Paris Agreement’s goal of limiting warming as close as possible to 1.5 0C and no greater than 2.0 o C and nothing has yet been done to decarbonize the Pennsylvania economy as required of the world to by the Paris Agreement.
IPCC said in an October special report that to limit warming to 1.5 0C, total global CO2 emissions would need to fall by 45 percent from 2010 levels by 2030, reaching ‘net zero by 2050. (IPCC, 2018) If Governor Wolf takes climate change seriously, it is very likely that members of the fossil fuel industry in Pennsylvania will try and undermine Pennsylvania citizens’ support for the consensus climate science position by among other tactics making arguments similar to those made by Mr. Wrightstone.
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
This article identifies and explains six things that most citizens around the world, although particularly those in developed countries, need to understand about climate change in light of the most recent climate change science. These six things are:
The enormous magnitude of GHG emissions reductions needed to prevent catastrophic warming.
The speed of GHG emissions reductions needed to prevent catastrophic warming.
No nation may either legally or morally use national self-interest alone as justification for their failure to fully meet their obligation under the UNFCCC.
No nation may either legally or morally use scientific uncertainty as justification for their failure to fully meet their obligations under the UNFCCC.
Developed countries must legally, morally, and practically more aggressively reduce their GHG emissions than developing countries
Developed countries must legally, morally, and practically help finance mitigation and adaptation programs in poor developing countries.
The need for broad understanding among civil society of these issues follows from several recent scientific reports on climate change. For instance, on October 8, 2018, the Intergovernmental Panel on Climate Change (IPCC) issued a Special Reporton limiting global warming to 1.5 degrees C above pre-industrial temperatures. This landmark report, along with several additional recent scientific studies published in the last few months including a paper published by the Proceedings of the US National Academy of Sciences on July 21, 2018, Trajectories of the Earth System in the Anthropoceneby Steffen et.al., and a paper published in mid-August of this year in Nature Communications by Anthony et. al., 21st-Century Modeled Permafrost Carbon Emissions Accelerated by Abrupt Thaw Beneath, lead to the conclusion that the international community is facing an urgent existential crisis that threatens life on Earth. Preventing this catastrophe requires the entire international community at all levels of government (national, state, regional, and local) to engage immediately in an unprecedented effort to rapidly reduce GHG emissions to net zero in the next few decades.
Although the October IPCC report on 1.5 degrees C warming received some significant notice in the US media, the recent US elections on November 6th in which climate change played only a very minor role at best, demonstrates a startling lack of understanding about the enormity and urgency of the climate threat facing the international community. Because of the immense ramp-up of programs and efforts needed to reduce the staggering threat of climate change depends on broad understanding of the scale of the problem facing the human race, and given the apparent ignorance of most citizens about the magnitude and urgency of the climate change crisis and other issues discussed in this paper, concerned citizens need to mount an aggressive educational program to inform civil society about aspects of the climate change threat that appear to be poorly understood. These issues include the following:
1. The Immense Magnitude of GHG Reductions Urgently Needed to Prevent Catastrophic Warming
The IPCC Special Report concludes that limiting global warming to 1.5°C would require rapid, far-reaching, and unprecedented changes in all aspects of society. This is so because to limit warming to 1.5 C, CO2 emissions would need to fall by about 45 percent from 2010 levels by 2030, reaching ‘net zero’ around 2050 according to the IPCC Special Report. This means if global CO2 emissions have not fallen to net zero levels by 2050, any remaining emissions would need to balanced by removing CO2 from the air.
The Steffen et. al. paper also describes how the positive feedbacks depicted in the following graphic, once triggered could initiate other feedbacks creating a cascade of positive feedbacks, each of which could speed up the warming which is already causing great harm and suffering around the world. The paper claims this mechanism could make life on much of the Earth uninhabitable which could lead to social collapse on the global scale and ultimately to warming increases that human reductions of greenhouse gases (GHG) emissions alone would not prevent additional warming until the global system reached a new temperature equilibrium at much higher temperatures than the human race has ever experienced. In other words, cascading positive feedbacks in the climate system could result in humans losing control over reducing disastrous warming.
The Steffen et.al paper also explains how human-induced warming of slightly over 1.0 degrees C is already rapidly approaching levels that may trigger positive climate feedbacks which could greatly accelerate the warming already plaguing the world by causing record floods, deadly heat waves, droughts, increasing tropical diseases, forest fires, more intense and damaging storms, sea level rise, coral bleaching, acidification of oceans, all of which are contributing to increasing the number of refugees which are destabilizing governments around the world.
The Anthony et.al paper also explains that, contrary to common assumptions previously made by many in the international community that positive feedbacks in the climate system that could cause abrupt temperature increases would not likely be triggered if warming could be limited to below 20 C above pre-industrial levels, positive feedbacks could be initiated between current temperatures which have risen slightly above 1.10 C and 20 C. Moreover, the additional warming caused by these feedbacks could initiate other feedbacks creating a cascade of positive feedbacks, each of which could speed up the warming which is already causing great harm and suffering around the world, phenomena which threaten life on earth.
For these reasons, citizens around the world need to understand the urgent need to reduce GHG emissions to net zero as soon as possible.
2. The Speed of GHG Reductions Needed to Prevent Catastrophic Warming.
Every day that nations fail to reduce their GHG emissions to levels required of them to achieve a warming limit goal such as 2 degrees C makes the problem worse because the carbon budgets for the whole world that must constrain global emissions to achieve any warming limit goal shrink as emissions continue. Therefore, the speed that nations reduce their GHG emissions reductions is as important as the magnitude of the reductions identified by any national GHG reduction commitment. For this reason, any national commitment on climate change should not only identify the amount of GHG emissions that will be reduced by a certain date, but also the reduction pathway by which these reductions will be achieved.
The following illustration depicts two different GHG reduction pathways for reaching zero emissions by 2050. Although the curve on the top achieves zero GHG emissions at the same time as the curve on the bottom, total emissions during the period are much greater following the emissions reductions pathway under the top curve compared to total emissions under the bottom curve because the lower curve pathway more quickly reduces emissions. Citizens need to understand that waiting to reduce GHG emissions makes the problem worse because waiting consumes more of any shrinking carbon budget that must constrain global emissions to achieve any warming limit goal.
3. No Nation may either Legally or Morally use National Self-interest Alone as Justification for Their Failure to Fully Meet Their Obligations under the UNFCCC.
Because GHG emissions from every country mix rapidly in the atmosphere, all nations’ emissions are contributing to rising atmospheric GHG concentrations thus harming people and ecological systems on which life depends all over the world. The above illustration depicts that the atmosphere is analogous to a bathtub in that it has limited volume and that all nations emitting GHGs are raising atmospheric concentration of GHGs to its current concentration of approximately 407 ppm CO2 (the second line from the bottom in the above bathtub) which level is already causing enormous harm in many vulnerable countries while threatening the entire world if the atmospheric GHG concentration is raised to levels which trip positive feedbacks discussed above (represented by the upper line in the above bathtub). Thus high-emitting countries such as the US may not formulate their climate change policies on the basis of costs and benefits to itself alone. Particularly those nations that are emitting high levels of GHGs must acknowledge and respond to the devastating climate change harms they are already contributing to in other countries and particularly harms to poor people and nations that are most vulnerable to climate change impacts. Thus in the United States, for instance, the Trump administration’s justification for withdrawing the United States from the Paris Agreement on the basis of “putting US interests first ” is ethically indefensible and tragic because of the damage the Trump climate change policy will cause outside the United States.
The following illustration depicts nations emitting high levels of GHG in red in the top half of the illustration while those countries most vulnerable to climate change impacts are indicated in red in the bottom half of the illustration.
For this reason, as a matter of law, given that nations under the UNFCCC agreed to stabilize GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. (UNFCCC, Art. 2), a nation may not fail to reduce its GHG emissions to its fair share of safe global emissions based on the cost to it because it has ethical and legal duties to other nations not to harm them.
4. Scientific Uncertainty is Not a Legally or Morally Defensible Justification for Not Adopting Aggressive Climate Change Policy Responses.
Although opponents of climate change policies have justified their opposition on the basis of scientific uncertainty, and despite the fact that the most prestigious scientific organizations have expressly stated their conclusions about the enormous threat of climate change with increasingly higher levels of scientific probability for over 40 years, scientific uncertainty is not a justifiable response for any nation’s unwillingness to adopt climate change policies as a matter of law or morally.
Under international law, including the 1992 United Nations Framework Convention on Climate Change (UNFCCC, Art. 3.3) which states in relevant part “where there are threats of serious or irreversible damage, lack of full scientific certainty may not be used as a reason for postponing such measures,” and the “no harm principle”, a principle of customary international law recognized in the Preamble to the UNFCCC, nations may not legally use scientific uncertainty as an excuse for failing to take action to prevent dangerous climate change.
Given, that numerous reputable scientific organizations beginning in the late 1970s, including the US National Academies of Sciences, (See Early Climate Change Consensus at the National Academy) and five reports from the Intergovernmental Panel on Climate Change beginning in 1990 (See IPCC report timeline) have concluded with increasing levels of certainty that human activities are dangerously threatening people and ecological systems on which life depends, nations have been on strong notice for over four decades that human activities responsible for GHG emissions are dangerous to the human community, thus nations have been on notice about the dangers of climate change for over 40 years and therefore may not legally or morally use scientific uncertainty as an excuse for failing to adopt climate change policies that will reduce their GHG emissions to levels required of them to prevent dangerous climate change.
5. High Emitting Developed Countries, Including the United States, Must Reduce GHG Emissions More Aggressively than Other Countries as a Matter of Law and Practically to Prevent Dangerous Climate Change.
Hiigh-emitting nations have a legal duty under the UNFCCC to reduce their GHG emissions faster than lower emitting nations because they agreed to:
[P]rotect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof. (UNFCCC, 1992, Art 3.1)
These principles were re-committed to in the Paris Agreement , Art 2.2 which provides that:
This Agreement will be implemented to reflect equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.
Thus under law, hiigh emitting nations, such as the US, have a legal duty under the concept of “equity” to reduce its GHG emissions more rapidly than most other nations. Although there is reasonable disagreement among nations about what “equity” requires of them, formulate its ghg emissions reduction target on the basis of equity is not only required by its legal obligations under the UNFCCC, practically the US and other high emitting nations must reduce their GHG emissions by much greater amounts and faster than poor developing nations because if they don’t the poorer nations will have to reduce their GHG emissions almost immediately to near zero CO2 so that global emissions don’t exceed the carbon budget available to prevent a warming limit such as 2 degrees C from being exceeded,
There is a basic set of shared ethical principles and precedents that apply to the climate problem…[and] such principles… can put bounds on the plausible interpretation of equity in the burden sharing context…[and] are important in establishing what may be reasonably required of different actors. (IPCC, 2014, AR5, WG III, Ch. 4, pg .317 )
The IPCC went on to say:
these equity principles can be understood to comprise four key dimensions: responsibility, capacity, equality and the right to sustainable development (IPCC, , AR5, WG III, Ch 4, p. 318).
As a matter of law, therefore, high-emitting countries such as the United States must reduce its GHG emissions to safe levels based on equity at faster levels than other countries as any reasonable interpretation of equity would require the US to make much larger and more rapid GHG reductions than almost all other nations given that the United States (under the concept of responsibility) emitted 5,011,687 metric kilotons (kt) of CO2 equivalent emissions in 2016, second only to China’s 10,432,741 kt CO2. (Netherlands Environmental Agency), also under the concept of responsibility the United States has emitted a greater amount of cumulative CO2 emissions, that is 29.3% of global CO2 emissions between 1850 and 2002, while China emitted 7.6% during the same period, (WRI, Cumulative Emissions) making the US much more responsible for raising atmospheric concentrations of CO2 to the current level of approximately 406 ppm than any country. Also, under the concept of equality given the US is responsible for 15.56 metric tons per capita CO2 emissions which is more than twice as much as China’s 7.45 metric tons per capita in 2016 (World Bank), as a matter of equity the US must reduce its GHG emissions much more rapidly and steeply than almost all countries.
The following illustration demonstrates why high-emitting nations must also practically reduce emissions more aggressively than other nations because it can be seen that if the high emitting nations such as China, the EU, and USA, depicted near the bottom of the illustration, don’t reduce GHG emissions muchfaster than the rest of the world, and if the international community is going to be restrained by the emissions reduction pathway needed to achieve a warming limit goal, such as the 2 degee C pathway depicted in the illustration, then there is quickly nothing left for the rest of the world. Therefore, high-emitting nations must more aggressively reduce their emissions than lower emitting nations not only as a matter of law but also to retain any hope for the international community to achieve warming limit goals agreed to in the Paris Agreement of as close as possible to 1.5 degrees C but no greater than 2 degrees C.
6. Developed Nations Have a Legal and Moral Duty to Provide Financial Resources to Assist Developing Nartions with both Mitigation and Adaptation Programs and this Financial Assistance is also Practically Indespensible to Prevent Climate-induced Harms in all Countries.
Under the UNFCCC, developed country Parties agreed to provide financial resources to assist developing country Parties in implementing the objectives of the Convention (UNFCCC, Article 4, §3). The Paris Agreement also provides that the developed countries shall provide financial resources to assist developing country Parties with respect to both mitigation and adaptation in continuation of their existing obligations under the Convention. (Paris Agreement, Art, 9.1)
Financial support of developing nation’s mitigation obligations under the UNFCCC mitigations is not only legally required under the UNFCCC but also practically important because large-scale investments are required to significantly reduce emissions and dangerous climate change will not likely be avoided unless developing nations reduce their GHG emissions to their fair share of safe global emissions. Financial support for developing nations by developed nations is also both legally and ethically required to meet the adaptation needs of developing countries, as significant financial resources are needed by many vulnerable countries to adapt to the adverse climate change.
Climate impacts, such as sea-level rise and more frequent droughts and floods, are already having devastating effects on communities and individuals in developing countries. These impacts on developing countries are already affecting developed nations because, for instance, between 2008 and 2011, approximately 87 million people were displaced due to extreme weather events which is causing a mass migration of refugees which is destabilizing many developed nations, particularly in Europe.(Climate Change in Developing Countries, Government of Canada) According to the World Health Organization, climate change is expected to contribute to approximately 250,000 additional deaths per year from malnutrition, malaria, diarrhea and heat stress.(World Health Organization, Climate and Health) .
Developing countries are the most impacted by climate change. This is due to many factors, including the economic importance of climate-sensitive sectors for these countries (e.g. agriculture) and the limited financial and human capacity to respond to the impacts of climate change. (Climate Change in Developing Countries, Government of Canada). The Food and Agriculture Organization of the United Nations estimates that by 2030, up to 122 million more people could be forced into extreme poverty due to the effects of climate change—many of them women. (Conflicts Fueled by Climate Change, The Guardian.)
Because climate change is already destabilizing developed countries due to refugees who are fleeing vulnerable areas of poor developing nations that have become inhabitable due to climate change-induced droughts, floods, loss of drinking water, and rising seas, if developed nations do not help finance climate change adaptation programs in developing countries, they will experience growing conflict and stress caused by vulnerable people and refugees in developing countries who are both creating conflicts in their countries and in developed countries they have or are seeking to enter. .
The following illustration depicts the number of refugees who are fleeing or who have fled climate change.
For this reason, developed country financing assistance for emissions reduction and adaptation programs in developing countries is not only legally required but practically necessary to reduce climate change-induced problems and conflicts in developed countries.
This entry will examine ethical issues raised by relying on putting a price on carbon as a policy response to reduce the threat of climate change.
Establishing a price on carbon emissions as a response to reduce a government’s greenhouse gas (GHG) emissions has received strong support around the world. One observer of global climate change policy developments has concluded:
Not only is there a robust consensus among economists, but they have been remarkably successful in spreading the gospel to the wider world as well. Climate activists, wonks, funders, politicians, progressives, and even conservatives (the few who take climate seriously) all sing from the same hymnal. It has become conventional wisdom that a price on carbon is the sine qua non of serious climate policy. (Roberts, 2016)
This article will identify potential ethical problems with relying on carbon pricing to reduce the enormous threat of climate change despite the widespread popularity of pricing carbon regimes. As we shall see, although a few ethicists have ethical problems with any carbon pricing scheme, many others approve of carbon pricing schemes provided that the regime design adequately deals with certain ethical issues that carbon pricing regimes frequently raise.
Climate pricing regimes vary greatly from the government to government and among different types of carbon pricing regimes. However, there are two basic methods for using a price on carbon to reduce greenhouse (GHG) emissions.
The first is to distribute carbon caps, often referred to as carbon allowances, to GHG emitters usually followed by a tightening of the cap over time to achieve desired GHG emissions reduction goals. Those who have more allowances than they need may sell allowances to those who do not have enough. Thus carbon allowances may be bought and sold, a scheme that is often justified by economists by claiming that this approach leads to GHG reductions at the lowest cost thereby finding an efficient solution to climate change while the amount`of GHG emissions achieved by the scheme may be determined by the total amount of allowances permitted. This method is usually referred to as “cap and trade”
Many cap and trade regimes allow those who need additional allowances to reduce GHG emissions to levels required by the cap to fund GHG emissions reduction projects often anywhere in the world including in places without a cap and get credit for the amount of GHG reductions achieved by the funded project, which credit then can be applied to determine whether the cap has been achieved. Different trading regimes have different rules specifying where and under what conditions emissions credits can be obtained by funding projects in other places.
The other common carbon pricing scheme is for government to charge a price for carbon emissions, a method usually referred to as carbon taxing. The carbon tax works also to lower GHG emissions because it makes technologies which produce less GHG per unit of energy more attractive thereby creating strong incentives for energy users to switch to energy technologies which produce less GHG emissions per unit of energy produced. A price on carbon also creates incentives for all those responsible for GHG emissions to do what they can to emit less GHGs, including, for instance, reducing their carbon footprints by driving less, walking more, lowering thermostats in the winter, adding insulation to buildings, etc.
For these reasons, putting a price on carbon emissions as a policy response to human-induced climate change has strong global support particularly among economists.
This article will identify ethical issues created by (a) any carbon pricing scheme, (b) cap and trade regimes, and (c) carbon taxing regimes. This analysis will be followed by several conclusions.
II. Ethical Issues Raised By Any Carbon Pricing Scheme.
Although many ethicists who have identified ethical issues raised by policy responses to climate change that rely on putting a price on carbon acknowledge that pricing schemes have shown to be effective in reducing GHG emissions often at lower costs than other regulatory approaches, some ethicists nonetheless oppose carbon pricing schemes because of certain ethical problems with these schemes. Many other ethicists who acknowledge potential ethical problems with carbon pricing schemes believe these problems can be adequately dealt with by appropriate carbon pricing regime design. Yet even if ethical problems raised by carbon pricing regimes can be averted through carbon pricing regime design, policymakers and citizens need to understand these ethical problems so that they can be mitigated in the design of the carbon pricing scheme.
An ethical approach to climate change would limit GHG emissions by law at levels necessary to prevent human-induced climate change harms to people and ecological systems. For instance, many governments have established legal requirements on the percentage of renewable energy required of electricity providers, a policy response that does no rely on pricing carbon. An ethical approach to climate change is based on different justifications for reducing change harms than some economic approaches. As Vanderhelen said:
An ethical approach to climate policy is based on different assumptions than economic-based policy assumptions. The ethical approach says we should act on climate change now, not because the future costs of inaction exceed those of mitigation, but because the failure to do so harms others. It is our ethical duty to avoid this. (Vanderhelen, 2011)
And so an ethical approach to climate change requires those who are responsible for human-induced climate change harms to comply with their duty to not harm others without regard to the economic value of costs and benefits of climate change policy responses. All national governments in the world have duties to take actions that reduce GHG emissions from their jurisdiction to the nation’s fair share of safe global GHG emissions under the Paris Agreement and the United Nations Framework Convention on Climate Change.
In addition, an ethical approach to climate change also identifies ethical issues raised by carbon pricing schemes including the following:
A. Assuring the price will achieve GHG reductions at levels entailed by the government’s ethical obligations.
The amount and speed of GHG emissions reductions that government policies should achieve is fundamentally an ethical question that economic reasoning alone cannot determine. As the Intergovernmental Panel on Climate Change concluded in its 5th Assessment Report:
How should the burden of mitigating climate change be divided among countries? It raises difficult questions of fairness, and rights, all of which are in the sphere of ethics. (IPCC, 2014, WG III, Ch. 3, pg. 215).
The methods of economics are limited in what they can do. They are suited to measuring and aggregating the wellbeing of humans, but not in taking account of justice and rights (IPCC, 2014, AR5, WG III, Ch. 3, pg.224).
What ethical considerations can economics cover satisfactorily? Since the methods of economics are concerned with value, they do not take account of justice and rights in general. (IPCC, 2014,.AR5, WG III, Ch. 3, pg. 225).
Economics is not well suited to taking into account many other aspects of justice, including compensatory justice (IPCC,2014, AR5, WG III, Ch. 3,pg. 225).
[I]t is morally proper to allocate burdens associated with our common global climate challenge according to ethical principles. (IPCC, 2014, AR5, WG III, Ch. 4, pg. 317).
Thus, no carbon pricing scheme alone without consideration of ethical issues can determine what the magnitude and timing of a government’s GHG emissions reduction goals should be because a government’s GHG emissions reduction goals must be based on fairness, justice, and obligations to not harm others or the ecological systems on which life depends without the consent of those who will be harmed. These are essentially ethical matters that economic rationality alone cannot deal with. Proponents of carbon pricing schemes claim that pricing regimes allow those responsible for reducing GHG emissions to achieve reductions at the lowest cost, yet the amount of reductions that a nation is obligated to achieve is essentially an ethical matter. So the goal of any pricing scheme should be designed to achieve ethically justified national GHG emissions reduction targets.
All nations in the world have agreed under the 2015 Paris Accord that they are duty bound to adopt policies that will enable the international community to limit warming to between 1.5 degrees C and 2.0 degrees C, the warming limit goal, on the basis of equity and common but differentiated responsibilities and respective capabilities in light of national circumstances, the ‘equity’ requirement under the Paris Agreement.(UNFCCC, Paris Agreement, 2015, Art 2.) And so all nations have an ethical duty to determine their GHG emissions reduction goals which at a minimum would limit warming to as close as possible to 1.5 degrees C although no greater than 2.0 degrees C on the basis of what equity requires of it to achieve these warming limits. Equity is understood by philosophers as a synonym for distributive justice.
Although there are differences among ethicists about what equity requires, “equity” may not be construed to mean anything that a nation claims it to mean, such as national economic self-interest. As IPCC said, despite ambiguity about what equity means:
there is a basic set of shared ethical premises and precedents that apply to the climate problem that can facilitate impartial reasoning that can help put bounds on the plausible interpretations of ‘equity’ in the burden sharing context. Even in the absence of a formal, globally agreed burden sharing framework, such principles are important in establishing expectations of what may be reasonably required of different actors. (IPCC, (IPCC, 2014, AR5, WG III, Ch. 4, pg. 317).
The IPCC went on to say that these equity principles can be understood to comprise four key dimensions: responsibility, capacity, equality and the right to sustainable development. (IPCC, 2014, AR5, WG III, Ch. 4, pg 317)
As a result, because some pricing regimes will not reduce national GHG emissions to levels required by their national obligations under the Paris Agreement even those nations that have adopted some kind of carbon pricing regime have had to enact other climate change policies to achieve the nation’s GHG reduction goals. For this reason and because some politicians have conditioned their support for a proposed carbon pricing scheme on acceptance of legal provisions that prohibit policy responses that are in addition to a carbon pricing scheme under consideration by a legislature, policymakers and citizens need to understand that any carbon pricing scheme must assure that a government’s emissions reduction policies will achieve the government’s ethically determined carbon emissions reduction obligations. Thus they must oppose legislation that prohibits a government from supplementing carbon pricing schemes with other laws to reduce GHG emissions.
Thus the quantity of the price placed on carbon under a taxing scheme or the magnitude of allowances under a cap and trade regime should be established after express determination of the government’s ethically prescribed obligations to reduce GHG emissions to its fair share of adequately safe global emissions.
Every national GHG emissions reduction target is implicitly a position on two profound ethical questions among others. They are:
the amount of warming and associated harms the nation is willing to inflict on others including poor vulnerable people and nations, Since all nations have agreed under the Paris Agreement to limit warming to as close as possible to 1.5 degrees C and no greater than 2.0 degrees C, these warming limits should be the default assumptions of governments’ GHG reduction target formulation;
the nation’s fair share of total global GHG emissions that may not be exceeded to keep global warming from exceeding the Paris Agreement’s warming limit goals of 1.5 degrees C to 2.0 degrees C
Thus, to make sense of the acceptability of any carbon pricing scheme, government’s should; (a) identify its GHG reduction target, (b) how the target achieves its GHG emissions reduction obligations in regard to warming limits and fairness, (c) the date by which the target will be achieved, and (e) the reduction pathway that will achieve the GHG reduction goal.
The date by which the GHG reductions will be achieved is ethically relevant because any delay in achieving required reductions affects the remaining carbon budget that is available to assure that any warming limit goal is achieved. Carbon budgets that must constrain global GHG emissions to achieve any warming limit goal such as the 1.5 degrees C to 2.0 degrees C warming limit goals under the Paris Agreement continue to shrink until total GHG emissions are reduced to levels that will stabilize atmospheric GHG concentrations at levels that will not cause warming greater than the warming limit goal. Therefore both the magnitude of the government’s GHG emissions reduction goals and the time it takes to achieve the goal are relevant factors in regard to whether any government will achieve GHG reductions that represent its fair share of safe global emissions. In fact the reduction pathway by which the reduction goal will be achieved is also relevant to whether a government will reduce its GHG emissions to levels required of it by its obligations because pathways which produce rapid reductions early in any period will consume less of a shrinking carbon budget than pathways that achieve most of the reductions at later times in the relevant period. This fact is depicted in this chart.
This chart demonstrates that different GHG reduction pathways may consume different amounts of any relevant carbon budget even if the percent amount of reductions, in this case, 100% reduction by 2050, is the same for the different pathways. The amount of the budget consumed by the two pathways is represented by the areas underneath the curves.
B. Intrinsic Ethical Problems With Any Carbon Pricing Scheme.
A few ethicists argue that relying on putting a price on carbon to achieve a government’s obligations is ethically problematic without regard to the details of the pricing scheme.
Ethicist Michael Sandel, for instance, in a 1967 OpEd in the New York Times entitled It’s Immoral to Buy the Right to Pollute identified the following ethical problems with pricing carbon after acknowledging that trading GHG emissions allowances could make compliance for the United States cheaper and less painful. (Sandel, 1967)
Turning pollution into a commodity to be bought and sold removes the moral stigma that is properly associated with it. If a company is fined by a government for spewing excessive pollutants into the air, the government conveys its judgment that the polluter has done something wrong. A fee, on the other hand, makes pollution just another cost of doing business, like wages, benefits, and rent. (Sandel, 1967)
The distinction between a fine and a fee for despoiling the environment is not one we should give up too easily. Suppose there was a $100 fine for throwing a beer can into the Grand Canyon, and a wealthy hiker decided to pay $100 for the convenience. Would there be nothing wrong with his treating the fine as if it were simply an expensive dumping charge?
Or consider the fine for parking in a place reserved for the disabled. If a busy contractor needs to park near his building site and is willing to pay the fine, is there nothing wrong with his treating that space as an expensive parking lot?
In effacing the distinction between a fine and a fee, emission trading is like a recent proposal to open carpool lanes on Los Angeles freeways to drivers without passengers who are willing to pay a fee. Such drivers are now fined for slipping into carpool lanes; under the market proposal, they would enjoy a quicker commute without opprobrium. (Sandel, 1967)
Some human behavior is so morally reprehensible that charging a price for the behavior to create a disincentive is widely seen as morally unacceptable. For instance, most societies would agree that a strategy to reduce child prostitution that relies on increasing the price of child prostitution or taxing a sexual transaction in which children are involved is morally unacceptable. Because some countries’ GHG emissions are far greater than any reasonable determination of their fair share of safe global emissions and these GHG emissions are already contributing to the killing or harming millions of people around the world while threatening tens of millions of others, allowing GHG emitters to continue to emit GHGs at unsafe levels if they are willing to pay the price required by a government rather then establishing a legally determined maximum emissions rate consistent with the emitter’s morally determined emissions limits can be argued to be as morally unacceptable as dealing with child prostitution by imposing a tax. Even though a tax might achieve the same amount of reductions as a legal limit implemented by an enforceable cap on GHG emissions amounts, applying a tax implicitly signals that it is morally permissible to continue emitting GHGs at current levels as long as the carbon tax is paid. Thus, the tax can diminish the moral stigma entailed by status quo levels of emissions.
Putting a price on carbon as a policy response to climate change is often justified by economists as a way to make sure that market transactions consider the value of harms caused by climate change that are unpriced in market transactions. For instance, because the price of coal does not consider the value of the harms caused by the burning of coal that will be experienced by some people who are not participants in the sale of the coal, putting a price on carbon equivalent to the value of the harms caused by the burning of coal is a way of assuring that the value of the harms caused by the coal are considered in the market transaction. This addition to the price is referred to as a Pigovian tax or a tax on any market transaction that generates negative externalities, so that the value of the negative externalities is included in the market price. Most economists recommend that the amount of the tax be based on the social cost of the negative externalities where the social costs are measured in dollars or other monetary units determined by the amount people would be willing to pay to prevent the harm. Once the cost the harms is determined and included in a tax, the market will be able to operate efficiently.
Economists thus justify a tax set in this way because it enables the market to maximize preferences. But ethics is interested not in maximizing preferences people have but in assuring that people’s preferences are those that people should have morally. For ethicists, it is wrong to harm people without their consent, even if those causing the harm could pay victims money calculated by the market value of the harm. That is, according to most ethicists it is morally wrong to harm people or the ecological systems on which life depends even if those causing the harm are willing to compensate those harmed. Some ethicists therefore argue, putting a price on carbon as a policy response to climate change does not pass ethical scrutiny unless the price prevents all non-trivial harms to life, health, and ecological property that people have not consented to. Given that some human rights have already been demonstrated to be violated by climate change (UNHR, 2018), any price on carbon that allows human rights violations to continue does not pass ethical scrutiny.
And so putting a price on carbon does not pass ethical scrutiny as long as the price does not prevent the harms that people have right to object to without their consent.
Although the money from the carbon tax could be used to compensate people for harms caused by climate change, this potential use of the tax revenues does not ethically justify continuing the behavior which causes serious harms to others without the consent of those who are harmed. In addition, because those being harmed by GHG emissions are people all around the world, if the revenue from a tax is to be used to compensate those who will be harmed by the GHG emission, the revenues from a tax would have to be distributed worldwide. At this time there is no such global revenue stream from national carbon pricing schemes.
Many citizens and institutions around the world including many colleges and universities have significantly reduced their carbon footprint because they believed they had a moral obligation to do so as long as their GHG emissions could contribute to harming people, animals, ecological systems on which life depends, or things of great value to people. A sense of moral obligation, without doubt, motivates, at least some people and institutions, to do the right thing. Yet pricing carbon as a response to climate change does not create a legal prohibition to reduce GHG emissions but only an economic incentive to do so. A government could always legally prohibit activities that create GHG emissions that create harms, an approach to changing behavior that was the dominant strategy in environmental law for many decades. Economists, however, have often objected to these “command and control’ approaches because they claim that market-based mechanisms can achieve needed reductions in a more efficient economic way, that is, at a price that includes consideration of the value of the harms created.
At least in the United States, many of the proponents of carbon pricing are failing to educate civil society about the moral obligations of all nations and people to reduce GHG emissions to their fair share of safe global emissions, a concern particularly in light of the very limited time left to limit warming to non-catastrophic levels. These proponents often passionately advocate for the adoption of a carbon pricing scheme because they are accurately convinced that a price on carbon will reduce GHG emissions, yet ignore discussing the non-discretionary moral duty to reduce GHG emissions thus inadvertently leaving the impression that provided that those who are willing to pay a price placed on carbon they have no moral obligation to cease activities which are responsible for carbon emissions.
Economists often justify their market-based solutions as a method for maximizing the enjoyment of human preferences. They thus calculate the value of harms avoided by climate policies by determining a market value of the harm and if there is no market value they often determine the value of the harms by determining what people are willing to pay to prevent the harm. This allows the economists to compare the cost of reducing GHG emissions against the value of harms prevented through pricing and in so doing allows a policymaker to select a policy option which maximizes human preferences. Yet, as we have seen ethics is concerned not solely with efficiently achieving the preferences people have but with establishing what preferences people should have in light of their moral obligations.
Under an ethical approach to climate change based on an injunction against harming others, because any additional GHG are raising GHG atmospheric levels which are already increasing harms people are suffering from droughts, floods, intense storms, tropical storms, and heat waves among other causes of climate-induced harms, an ethical argument can be made that any carbon pricing scheme should seek to achieve the lowest feasible GHG emissions levels as quickly as possible. Ethics refuses to define what is ‘feasible’ in terms of the balance of costs and benefits. Ethics requires that harm to innocent victims must be avoided, even when the cost of reducing pollution exceeds the monetary value of harms to life and ecological systems on which life depends. Not all economists, of course, argue that government policies should be based on cost-benefit analysis but many do.
An ethical approach to climate change also requires that polluters should pay for the harms and damages they create as well as the costs to them of reducing the pollution. Many carbon pricing schemes ignore the duty of GHG emitters to compensate those who have been harmed by their GHG emissions and base the amount of the tax on the amount of money needed to reduce GHG emissions while ignoring any obligations to compensate those who have been harmed by their emissions. This problem could be remedied by basing any price on the amount of money needed to compensate those who have experienced loses and damages or by providing separate funds to compensate those who are harmed by climate change but most carbon pricing schemes fail to take these matters into consideration.
Ethicists also acknowledge that climate-related harms are more likely to affect the poor, not just those who are now being asked to contribute toward its mitigation. For this reason, many ethicists prefer laws that prohibit certain immoral behaviors over laws that allow people to continue their immoral behavior if they are willing to pay higher prices entailed by the value of the harms caused by their behavior.
Economists often support pricing schemes if the pricing leads to the market incentivizing the use of alternative technologies that don’t create the harms of concern. In such cases, the morality of the pricing scheme likely depends on whether the technical transformation created by the pricing scheme will take place soon enough to prevent the harms of concern.
However, even in these cases, many ethicists believe that human activities that create morally unacceptable levels of GHG emissions should be responded to as moral obligations and only support pricing schemes so long as the scheme will enable reducing GHG emissions to morally acceptable levels as rapidly as possible. However, even so, some ethicists warn against erasing the moral stigma entailed by morally unacceptable levels of GHG emissions that could occur by allowing some to continue to exceed their moral obligations if they are willing to pay to do so.
Pope Francis inLaudato Si, the papal encyclical released in July 2015, questions whether market capitalism can effectively protect the poor, and in one passage specifically criticized “the strategy of buying and selling ‘carbon credits.’ More specifically Laudato Si argues that:
The strategy of buying and selling ‘carbon credits’ can lead to a new form of speculation which would not help reduce the emission of polluting gases worldwide. This system seems to provide a quick and easy solution under the guise of a certain commitment to the environment, but in no way does it allow for the radical change which present circumstances require. Rather, it may simply become a ploy which permits maintaining the excessive consumption of some countries and sectors. (Laudato Si 171).
The Pope’s objection appears to be based in part on the fact that a carbon pricing scheme will allow those who can afford to continue emitting GHGs after paying the pricing fee to do so while those that are unable to afford to pay the fee will need to reduce the activities that create GHG emissions. Yet this problem can be somewhat ameliorated by carbon pricing regime design decisions on how revenues are distributed or how allowances to emit are allocated. However, these decisions raise questions of distributive justice, that is questions about how burdens or benefits of public policy should be allocated to comply with what fairness requires. For this reason, carbon pricing schemes often raise serious questions of distributive justice.
In addition if revenues from pricing schemes are to be used to help compensate those who are most harmed by climate change, given that those who are most harmed are often very poor people in poor nations that usually have done little to cause climate change, the revenues would need to transferred to poor nations and people around the world. Yet no national carbon pricing schemes have yet proposed such international financial transfers.
III. Ethical Issues Raised by Cap and Trade GHG Emissions Reduction Schemes
This paper next examines the following ethical issues raised by cap and trade regimes that are additional to those discussed in Section II.
A very detailed examination of some ethical issues raised by cap and trade regimes by Simone Carey and Cameron Hepburn is entitled Carbon Trading: Unethical, Unjust, and Ineffective? The Carey/Hepburn paper discusses in detail the following ethical issues raised by cap and trade regimes that are in addition to those discussed above. The following is a summary of issues discussed by the Carey/Hepburn paper.
A. Rights to use nature cannot be owned
Because GHG emitters that receive allowances or buy allowances from those that have excess allowances could under some trading mechanisms hold or bank these allowances, holders of allowances could be understood under some trading schemes to have a right pollute the atmosphere at levels entailed by the allowances they hold. However, most ethicists believe that no one should have a property right to pollute the atmosphere. Because in absence of a rule that would prevent the owner of allowances to bank the allowances for use far into the future, the owners of the allowances could accumulate the right to pollute far into the future. As a result, some ethicists have argued that allowances should be limited to a specific time period and be understood to be revocable if the science changes and concludes that greater reductions are necessary then those that were understood to be necessary to prevent harm when the allowances were distributed.
B Responsibilities to abate harms cannot be transferred to others
Some ethicists believe that some human responsibilities should not be allowed to be transferred to others. For instance, it is generally believed to be ethically unacceptable for those who are potentially subject to being drafted into the military to be able to buy their way out of this obligation by paying someone else to agree to take one’s place if he or she is drafted. For this reason, some ethicists claim that is ethically problematic for high GHG emitters to get a credit for reductions made by others while not requiring more of the high emitters to reduce their emissions.
C. Distributive justice issues with how allowances and revenues are allocated
Because those with the money to do so can buy scarce allowances, participants in a cap and trade regime can wind up with vastly unequal levels of allowances creating significant differences among participants in rights to emit GHGs. In addition, because rules determining who can get allowances and what is done with the money generated from allowance trading can create great imbalances, rules for allocating allowances and revenues from sales of allowances should be consistent with what distributive justice requires to assure fair burden and benefit sharing. Distributive justice requires that people should be treated equally unless there are morally relevant reasons for treating people differently. There is no reason in principle for allowance and revenue allocations to lead to a more unequal distribution of wealth. It will depend on how the cap and trade scheme is designed.
These issues are discussed in more detail by the Carey/Hepburn paper.
D. Ethical issues created by the fact that some cap and trade regimes allow high emitters of GHGs to count emissions reductions made by projects of others funded by the emitters in achieving the high emitters’ GHG reduction obligations.
Some cap and trade regimes allow those with GHG emissions reduction obligations to count the reduction of GHG emissions made by others’ projects funded by the emitter as a credit in achieving the emitter’s cap obligations. Economists justify this feature of cap and trade because it allows emitters to achieve GHG reductions at a lower price, However, not all GHG reduction strategies will reduce GHG emissions with equal probabilities that GHG reductions made by the emitter would actually have achieved. For instance, an electricity supplier can commit to reducing its emissions to amounts that will be achieved with high levels of confidence by installing non-fossil energy but if the electricity supplier relies on funding a forestation project in a third world country to obtain a credit for its emissions reductions. the actual reductions to be achieved by the funded project are much more speculative because of problems in assuring that any forest project will keep GHG reductions achieved by photosynthesis of the forest out of the atmosphere forever. Thus funding a project to achieve GHG emissions credits raises issues about the reliability of achieving specific GHG emission reduction amounts that are more reliable if the person responsible for GHG emissions must assure that GHG emissions will actually be achieved.
Thus cap and trade regimes often also raise the following ethical problems which were discussed in more detail in a prior entry on this website. (Brown, Ethical Issues Raised By Carbon Trading, 2010).:
a. Permanence. Many proposed projects for carbon trading raise serious questions about whether the carbon reduced by a project will stay out of the atmosphere forever. Yet permanent storage of carbon is needed to assure equivalence between emissions reductions avoided if no credits were issued and atmospheric carbon reductions attributable to a project which creates carbon credits. This is so because emissions reductions should guarantee that some quantity of GHG will not wind up in the atmosphere, yet some projects which are used to substitute for emissions reductions at a source have difficulty in demonstrating that the quantities of carbon reductions projected will actually be achieved. For instance, carbon stored in forests, soils, or geological carbon sequestration projects could be released to the atmosphere under the certain conditions. For example, rapid temperature change could kill trees thus releasing back into the atmosphere carbon stored in the trees. This problem is usually referred to as the problem of “permanence” of carbon reduction projects. For this reason, only projects that assure permanent reduction of carbon in the atmosphere can be categorized as environmentally effective projects and should be used to offset activities which actually release carbon.
b. Leakage.Many proposed projects for carbon trading raise serious questions about whether carbon reduced by a project at one location will result in actual reductions in emissions because the activity which is the subject of the trade could be resumed at another location. For example, paying people to plant trees in location A is not environmentally effective if these same people that receive the money chop down trees at place B. This is the problem usually referred to as “leakage.” Forest and other kinds of bio-sequestration projects that sequester carbon in particular often create leakage challenges. Industrial projects can also create leakage problems if the industry gets credit for reducing carbon at one industrial plant while moving the carbon producing activities to another place. If leakage occurs, then the trade is not environmentally effective.
c. Additionality. Getting a credit for a project which is used in a trade will also not be environmentally effective if the project would have happened anyway for other reasons. This is so because trading regimes usually assume that a GHG emitter should get credit because of their willingness to invest in projects that reduce carbon emissions that would not happen without the incentive to get credit for carbon reductions. If the project would happen without the investment of the emitter, then the investment in the project is not “additional” to business as usual. This is the problem usually referred to as the “additionality” problem.
d. Enforcement of trading regime. A trading regime is environmentally ineffective if its conditions cannot be enforced. Although enforcement of trading regimes is sometimes practical when the project on which the trade is based is within the jurisdiction of the government issuing the allowances, enforcement is particularly challenging when the project is located outside of allowance issuing government. In such cases, enforcement must be “out-sourced” to other institutions or governments In addition, while many hundreds of millions of dollars are being invested in setting up emissions trading schemes all over the world, virtually no resources are being channeled into their enforcement or verification. Although most cap and trade regimes have built-in carbon reduction verification steps, verification remains extremely difficult for many types of carbon reduction projects for which credits are being issued because of the lack of enforcement or long-term verification potential. This enforcement challenge is exacerbated when projects for which credits are issued are in poor countries without the technical capability to enforce or verify that reductions have been made. Because of this, a strong case can be made that those who desire to rely on projects that have dubious enforcement and verification potential should have the burden of demonstrating enforcement and verification potential before they may obtain credits generated from these projects.
e. Distributive justice and internal allocation of a government-wide cap.How a cap is allocated among entities within a government creates many potential distributive justice problems. Governments sometimes distribute a cap they have by giving away allowances, auctioning allowances, and other ad hoc considerations that often take into account political feasibility. Each of these methods of distributing a cap raises distributive justice issues that are often ignored for political reasons. For instance, both auctioning allowances and giving away allowances could be significantly regressive, making higher-income households better off while making lower-income households worse off. Auctioning could also be regressive if the most wealthy get the most permits forcing those without the financial resources into non-polluting options. Sometimes governments choose to allocate the cap by placing caps on “upstream” carbon users such as coal and petroleum companies and ignoring “downstream” carbon emitters such as coal-fired industrial users. A decision to place a cap upstream makes the climate change regime easier to administer but could have regressive effects on those least able to afford increased fuel costs. An upstream cap also can create little incentives for those who can afford to waste energy to change behavior. In contrast, downstream caps puts the responsibility on energy users. There is no ethically neutral way to decide these design questions.
f. Distributive justice and revenue from allowances. When allowances are auctioned or otherwise purchased, governments must make decisions about how to use allowance revenues. These decisions raise a host of distributive justice issues that are often ignored for political reasons. Some governments have chosen, for instance, to use allowance revenues to fund climate change technology research, to meet international obligations to fund climate change adaptation projects in developing countries, to fund programs to reduce deforestation projects in developing countries, to buy off politically powerful opponents to climate change legislation, to help those least able to cope with rising energy costs, or to subsidize nuclear power, geologic carbon sequestration, or renewable energy. Thus, decisions about how to allocate revenues from distributing allowances raise distributive justice issue
IV. Ethical Issues With Carbon Taxes.
In addition to the ethical issues that apply to all carbon pricing regimes identified in section II of this entry, carbon taxing regimes can raise the following additional ethical issues.
a. Distributive Justice and a Carbon Tax. Carbon taxing regimes must decide who must pay the tax and just as is the case for cap and trade regimes in the allocation of allowances, taxing schemes may choose to apply the tax either to upstream producers of carbon fuels such as petroleum or coal companies that distribute fossil fuels or further downstream to entities such as electricity generators who consume the fossil fuels. Upstream taxation creates fewer taxable entities who have a huge tax burden. Therefore the decision on who to tax creates different winners and losers, an outcome which has political significance particularly in places where fossil energy is mostly produced. If the tax is based on the amount of CO2 per unit of energy, then some fossil fuel industries such as coal production will pay a much higher tax per unit of energy, a fact which most greatly affects those places and communities that produce fuels with higher CO2 emissions levels per unit of energy. This fact creates heavy burdens from the tax for those who are dependent on the sale of fuel with higher CO2 production levels. And so a decision about who must pay a tax has distributive justice implications.
How the tax revenues are used by the government also has enormous political and distributive justice implications. Policymakers are faced with many competing ways of using tax revenues generated by putting a price on carbon. Many parts of the world that have established a carbon tax use it primarily to subsidize technologies that produce lower amounts of GHG per unit of energy such as wind and solar power. Other governments use the revenues to ease the burden on those who are most affected by the tax, including poor people. Thus how the revenues of a carbon tax are distributed raises deep questions of distributive justice which also create issues of political feasibility.
b.Amount of the tax.
As we have seen all carbon pricing schemes raise ethical issues about whether the price is sufficient to achieve GHG emissions reductions consistent with the government’s ethically determined obligations to reduce GHG emissions. A pricing regime that is based on taxing carbon emissions raises more challenging questions about whether the tax is ethically stringent enough than cap and trade regimes because governments are able more easily assure that the cap is stringent enough than a regime based on taxing carbon because the size of the cap may be set directly on the magnitude of GHG reductions required for the government to achieve its ethically determined GHG emissions reductions obligations while the sufficiency of a tax must rely on economic modelling to determine the magnitude of reductions that will be achieved by different levels of the tax. Determining the amount GHG reductions that will be achieved by different levels of the tax is always somewhat of a guessing game due to the inherent imprecision of economic modeling to predict how entities and people will respond to different price signals. For this reason, taxing schemes that seek to assure that the government will reduce GHG emissions reductions levels congruent with the government’s ethically determined reduction obligations should include accelerator provisions that would increase the amount of the tax once it is determined that actual GHG reductions are not consistent with reductions pathways required to achieve ethically determined reductions obligations. However, because experience with carbon taxing programs around the world has demonstrated that political backlash will likely arise that undermines government support for continuing a carbon tax that is judged to be too high, governments which seriously seek to reduce their GHG emissions through imposing a tax alone may need to consider back up strategies rather than rapidly accelerating taxes if the original tax does not achieve the GHG reductions required of it by its ethical obligations.
c. Considering responsibility for prior emissions, an issue relevant to distributive justice.
Distributive justice supports an allocation of burden sharing obligations on the basis of who is most responsible for causing the current problem. Carbon tax regimes are usually forward-looking; in that most schemes make everyone pay the same price for using the atmosphere’s capacity to absorb CO2. Thus the scheme ignores responsibility determined by looking backward at questions such as:
Who caused the problem?
Who benefited from past emissions?
Who is in the best position to fix the problem?
To deal with these questions, a carbon tax may need to be supplemented by additional policies, for example by tax credits for poor people or sharing of tax revenues with those who must pay the tax but who have done little to cause the current problem so that the tax scheme can consider the distributive justice implications of looking backward at who is most responsible for the current problem
As we have seen carbon pricing schemes designed to reduce GHG emissions raise a host of ethical issues and problems.
Although many of these ethical problems can be dealt with by the pricing carbon regime design, given the enormous threat to life and ecological systems created by human-induced climate change, perhaps the most important ethical issue raised by carbon pricing regime is whether the carbon pricing regime will be successful in reducing a government’s GHG emissions to its fair share of safe global emissions.
Because there is limited political support for enacting carbon pricing schemes with sufficient pricing levels to achieve the enormous reductions in GHG emissions now necessary to prevent very dangerous climate change, carbon pricing schemes will likely require policy responses in addition to carbon pricing alone.
Because of the need to judge whether any carbon pricing scheme will achieve a government’s ethically determined GHG emissions reduction obligations, all proposed carbon pricing schemes should be clear and transparent on how the pricing scheme will achieve the government’s ethically determined GHG reduction goals. A pricing scheme could contribute to achieving a nation’s GHG reduction obligations either by establishing a price that will sufficiently reduce a government’s GHG emissions to achieve the nation’s GHG reduction obligations by itself or in combination with other GHG reduction policies. However, to judge the adequacy of the pricing scheme, governments should explain the role of any carbon pricing scheme in achieving its ethically determined GHG reduction obligations.
The following comments on this entry were made by Eric Haites, an economic consultant for Margaree Consultants Inc, in Toronto
Ethical Issues Entailed by Pricing Carbon as a Policy Response to Climate Change confuses benefit-cost analysis with carbon pricing and criticizes carbon pricing on grounds that also apply to non-price policies.
Carbon pricing policies – cap and trade systems (CTSs) and carbon taxes – are regulatory measures to limit greenhouse gas emissions (GHGs) by specified sources within a jurisdiction. They may be implemented in conjunction with or as substitutes for non-price regulations such as subsidies for non-carbon energy, minimum gasoline efficiency standards for vehicles, funding for affordable public transportation, requirements/incentives to increase the supply of renewable energy and energy efficiency standards for buildings.
Benefit-cost analysis of climate change compares the estimated costs of different levels of global emissions reductions with the estimated value of reduced global climate change damages associated with those emission reductions. Benefit-cost analysis of climate change is extremely complex conceptually and in practice. Since the analysis must span a century or more due to the long atmospheric lives of greenhouse gases, the calculations are very sensitive to the discount rate and have large uncertainty ranges.
A CTS or carbon tax can be implemented by a jurisdiction to help achieve its GHG reduction goal regardless of how that goal is established. A country that has a nationally determined contribution under the Paris Agreement can use carbon pricing and/or non-price policies to meet its commitment.
It is true that many economics textbooks suggest that the carbon tax be set at the level determined by benefit-cost analysis, but that is not necessary and is based on the implicit assumption that an emissions reduction goal has not been established by other means, such as international negotiations.
Many of the criticisms of carbon pricing policies do not specify an alternative policy. If emissions are to be reduced, the alternative is a set of non-price regulations including efficiency standards and increased reliance on renewable energy. In practice, neither carbon pricing nor non-price regulations cover all GHG emissions, so there are regulated emissions and exempt emissions under every policy.
Consider then the claim that it is immoral to buy the right to pollute. Before a regulation is implemented, the right to pollute in unlimited quantities is free. Regulations impose costs and/or quantity limits on the right to pollute. In the case of a carbon tax, there is a cost for each ton of GHGs emitted by specified sources. In the case of a CTS, total emissions by specified sources are capped. In the case of non-price regulations there is a compliance cost, but any remaining emissions are free and unrestricted. The cost of an efficient automobile is higher, but its emissions are not priced or restricted.
One of the arguments by Simone Carey and Cameron Hepburn cited by the paper is that the rights to nature can not be owned. Many CTSs explicitly state that the allowances are not property rights. Almost all of the CTSs have cancelled or greatly devalued surplus allowances.
In the paper, the discussion of the distinction between a fine and a fee is misleading for a CTS. Every CTS has penalties for non-compliance, so the correct comparison is the fine for a CTS and that for a non-price policy. The non-compliance penalty for most CTSs is a reduction in emissions equal to the exceedance plus a penalty. To use the analogy in the paper, a CTS requires the offender to pick up the beer can and pay a penalty. In contrast, a non-price regulation only imposes a fine.
The paper raises the concern that “the tax can diminish the moral stigma entailed by status quo levels of emissions.” Why would the moral stigma associated with residual emissions differ? Are the residual emissions by a source subject to a carbon tax morally less acceptable than those by the owner of a more efficient automobile. Sources subject to carbon pricing policies have a financial incentive to make emission reductions that cost less than the tax/allowance price. Sources subject to non-price policies have no incentive to reduce their emissions.
Issues of distributive justice arise for all regulations; which sources are regulated, how stringent is the regulation, how should groups that are adversely affected by compensated? The paper clearly identifies these issues for CTSs and carbon taxes. But they apply equally to non-price regulations. Who pays for the more efficient vehicles and buildings, the public transit and the additional renewable energy? Those costs will be borne by specific groups or the government. Carbon pricing policies have the advantage that they generate revenue that can be used to help address distributive justice.
The paper argues that past emissions should be considered when addressing distributive justice. Presumably, this consideration applies to any policy, not just carbon pricing. In practice the ability to do this is limited due to lack of data and the long atmospheric lives of GHGs. Non-price regulations often differentiate between existing and new sources and CTSs address this concern through their allowance allocations.
In summary, carbon pricing can be implemented by a government to help meet its GHG emissions reduction target regardless of how that target is established. A CTS or carbon tax can be implemented alone, jointly or in combination with non-price policies. In practice all jurisdictions with a pricing policy also implement non-price policies. Many of the ethical criticisms of pricing policies apply to non-price policies as well. Price policies have the advantage of raising revenue that can be used to address distributive justice.
 Indeed, they may have a financial incentive to increase emissions. A more efficient vehicle may have a lower operating cost per km so the owner may drive more.
Resonse to comments
I agree that levels of GHG reductions achieved by a pricing scheme need not be determined by Cost-Benefit Analysis although some economists recommend this. In such cases the ethical issues discussed in this paper apply
Mr, Haite is correct that the articles criticism of carbon pricing schemes may also apply to other responses to climate change, However, if the level of reductions that constitute a nation’s GHG reduction target are based on a nation;s ethical obligations, then the problem entailed by some carbon pricing scheme’s allowing emitters to continue emit as long as they pay a tax is not possible.
I. The Failure of Ethical Principles to Get Traction in Climate Change Policy Formation.
This entry will explain why a type of rationality, referred to as instrumental rationality, both dominates policy formation on climate change around the world and is responsible for the failure of ethical principles to guide government responses to climate change.
As we have explained frequently on Ethicsandclimate.org, climate change is a problem with features that particularly require that it be seen and responded to as an ethical problem even more than other environmental problems. These features include that:
First, it is a problem that is being caused by some people in one part of the world who are putting others in other places who have often done little to cause the problem at great risk.
Second, the harms to those at most risk are not mere inconveniences but potentially catastrophic harms to life and natural resources on which life depends. In fact, unless humans adequately respond to climate change’s growing threats, most of life on Earth is threatened.
Finally climate change is a problem about which many of its greatest victims can do little to protect themselves by petitioning their governments for protection. The victims’ best hope is that the those high-emitting nations and people causing the problem will see that they have duties to climate change victims to avoid harming them.
The ethical dimensions of climate change are important to understand because unless those nations and individuals that are emitting high levels of greenhouse gases (GHGs) reduce their emissions in accordance with their ethical obligations, climate change will eventually cause great harm to all but particularly to those who are most vulnerable to climate change impacts and who usually have done little to cause the great harm.
There are many ethical principles that should, without controversy, guide national responses to climate change. These include, for instance:
Governments around the world have agreed under the 1992 United Nations Framework Convention on Climate Change (UNFCCC, 1992) and agreements by parties under this treaty since then, including the Paris Agreement (Paris Agreement 2015), to adopt national climate change policies on the basis of several ethical principles including the duty to establish national policies in accordance with equity and common but differentiated responsibilities (UNFCCC, 1992, Art 3.1), to apply the precautionary principle that prohibits nations from using scientific uncertainty as an excuse for not taking action to prevent dangerous anthropocentric interference with the climate system (UNFCCC, 1992, Art 3.3), and the principle that developed countries have the obligation to take the lead on reducing the threat of climate change (UNFCCC,1992, Art 3.1), and to enact policies that limit warming to between 1.5 to 2.0 degrees C (United Nations, 2015 Art 2)
In addition there are numerous other non-controversial ethical norms that are understood to apply to nations as a matter of international law to global environmental problems such as climate change including the “no harm principle” which obligates nations to prevent people or entities within their jurisdiction from harming people and nations outside their borders (UNFCCC,1992, Preamble), and the “polluter pays principle” which requires those nations causing harm from pollution to pay for the damages they cause (Rio Declaration, 1992, Principle 16).
Yet most nations are completely ignoring these ethical obligations when they formulate policy responses to climate change (National Climate Justice. Lessons Learned).
A research project led by Widener University Commonwealth Law School and the University of Auckland found that despite express national promises under the Paris Agreement to base national climate commitments known as Nationally Determined Contributions (NDCs) to reduce the threat of climate change to prevent warming as close as possible to 1.5°C but no more than 2°C, on the basis of equity and common but differentiated responsibilities, all 24 nations studied actually set their NDCs on economic self-interest. Yet this conclusion was not determinable from the documents that nations submitted to the UNFCCC Secretariat when the nations submitted their NDCs (National Climate Justice, Lessons Learned). The study also found that environmental NGOs in the country that supported national action on climate change did not seem to understand how to critique the failure of the nation to set its NDC on the basis of the nation’s ethical obligations including ethical obligations that the nation expressly agreed to.
Every national commitment to reduce greenhouse gas (GOHG) emissions, or NDC, is implicitly a position on two profound ethical questions among others. They are:
the amount of warming and associated harms the nation is willing to inflict on poor vulnerable people and nations, and
the nation’s fair share of global GHG emissions that may not be exceeded to keep global warming from exceeding a warming limit goal.
Yet nations around the world are setting their NDCs on economic self-interest and ignoring their ethical responsibilities on these issues.
Although reasonable people may disagree on what equity requires of nations to reduce their GHG emissions, national economic self-interest as a justification for their GHG reduction targets does not pass minimum ethical scrutiny. In this regard the Intergovernmental Panel on Climate Change (IPCC) said its fifth assessment report that despite ambiguity about what equity means:
There is a basic set of shared ethical premises and precedents that apply to the climate problem that can facilitate impartial reasoning that can help put bounds on the plausible interpretations of ‘equity’ in the burden sharing context. Even in the absence of a formal, globally agreed burden sharing framework, such principles are important in expectations of what may be reasonably required of different actors. (IPCC, 2014).
The IPCC went on to say that these equity principles can be understood to comprise four key dimensions: responsibility, capacity, equality and the right to sustainable development (IPCC, 2014).
And so ethical principles are failing to guide national climate change policy formation despite the uncontroversial applicability of several ethical principles that should guide national climate change policies.
The failure of ethical principles to get traction in guiding policy is a much broader problem than in regard to climate change policy formation alone. Despite the emergence of the academic sub-discipline of environmental ethics in the late 1970s, ethical principles are failing to influence environmental policy-making for most environmental problems.
The claim that ethical principles are rarely guiding environmental policy formation is strongly supported by the comments of the founder of the journal Environmental Ethics, Eugene Hargrove, who in 2003 published an essay “What’s Wrong ? Who’s to Blame? (Hargrove, 2003). This essay invited reflection on why environmental ethics has not had an influence on environmental policy. Just three years later, Robert Frodeman, in the same journal in an article entitled “The Policy Turn in Environmental Ethics” also reflected on the huge failure of environmental ethics to achieve traction in environmental policy formation (Frodeman, 2006).
Since its inception in the late 1970s, academic environmental ethics has been mostly focused on theoretical issues while completely failing to help policy makers understand what is ethically wrong with specific arguments made by opponents of environmental policies who almost always use arguments derived from instrumental rationality which hide dubious unstated norms that are the justification for the arguments and which would often fail minimum ethical scrutiny if the norms were made express and critically reflected on.
One of the reasons why ethical principles have failed to affect environmental policymaking is the failure of the academic discipline of environmental ethics to pay attention to actual controversies that arise in environmental policymaking debates. Academic environmental ethics since its inception in the late 1970s has been almost exclusively focused on theoretical issues, such as how to ground a biocentric or ecocentric ethics, while completely failing to help policymakers understand what is ethically wrong with specific arguments made by opponents of environmental policies who almost always rely on arguments derived from instrumental rationality which hide or ignore dubious unstated norms on which the arguments are based.
II. The Problem of Instrumental Rationality
This article now explains why a first order task that needs to be addressed before ethical principles can play their appropriate role in shaping environmental public policy is to open policymaking arguments on environmental issues including climate change to express ethical reflection. This is a first order task because throughout the world those responsible for environmental policymaking are following instrumental reason, a mode of reason which hides or ignores ethical questions, to determine the acceptability of environmental policies. It is a first order problem because before one can consider what ethical principles should guide policy formation, policymaking must be made open to ethical critique and reflection. If policymakers don’t see and respond to the ethical issues that are implicitly raised by arguments raised against proposed policies, they can’t apply the appropriate ethical rules.
Instrumental rationality is a mode of rationality that is exclusively concerned with the search for efficient means or scientific facts which, consequently, is not concerned with assessing the goals—or ends— that policies should pursue. This form of rationality has existed throughout history, but has become increasingly more dominant in post-Enlightenment liberal democratic capitalist societies (Cruickshank,2014).
Ethics rationality, on the other hand, is concerned about what the goals of society should be. Ethical reasoning seeks to determine what should be the goal of human behavior by examining what is right or wrong, what is permissible or impermissible, what actions are obligatory or non-obligatory, and how burdens of preventing harm should be justly distributed.
Instrumental rationality, because it focuses on means, usually ignores ethical questions about what the goals of policy should be despite the fact that every argument against a proposed environmental policy already contains an unstated norm. For instance, a claim that a proposed climate change policy should not be adopted because it imposes unacceptable costs rests on the unstated norm that the government should not adopt policies that impose significant costs on the economy or specific industries.
Scientific and economic reasoning, which have increasingly dominated public policy-making from the beginning of the Enlightenment, almost always focuses on how to achieve goals, not on what goals or ends should be desired.
Economic rationality often focuses on how to maximize human preferences. Ethics asks a different question of economic activity, namely what preferences humans should have.
Scientific reasoning usually tests hypotheses to determine what “is.” Moral philosophers believe that determining what “is,” which is the proper domain of science, cannot determine what “ought” to be, which is the domain of ethics.
Yet instrumental rationality that scientists and economists deploy in their search for scientific and economic facts has dominated public life and higher education for several centuries.
That instrumental rationality dominates environmental policy making is clear given that most government environmental agencies are staffed exclusively by engineers, scientists, economists, and lawyers but very infrequently by employees trained in ethics. This is huge problem because very few employees of environmental agencies or scientific organizations that make policy recommendations can spot problematic ethical issues that should be acknowledged in policy debates and particularly ethical issues that are ignored or hidden when instrumental rationality is deployed to make policy recommendations. Although employees of government agencies responsible for policy formation often understand they should apply policy rules entailed by relevant laws, many relevant laws do not contain clear rules on how to respond to economic and uncertainty arguments against proposed environmental policies.
Instrumental rationality dominates public policy formation for at least two reasons:
First, sociologists, including Max Weber, have predicted that instrumental rationality would over time crowd out ethical rationality in modern societies because increasingly complex human problems would be relegated to bureaucracies run by technical experts whose expertise depends on the use of instrumental rationality. Since the power of experts depends, in part, on maintaining the fiction that their expertise is the central key to solving modern problems, these experts are reluctant to acknowledge that their analytic tools for solving problems are often ethically inadequate and sometimes ethically inappropriate (Thomas, 2017). Moreover particularly in capitalist societies, wealthy interests are able to hire experts and frequently do so to fight government action which would reduce profits.
Second, opponents of proposed environmental policies usually frame opposition to these policies on the basis of excessive costs to governments or specific industries or lack of scientific certainty about harms the policy seeks to prevent. These arguments very frequently hide controversial normative assumptions implicitly embedded in the arguments. For instance, cost arguments made in opposition to environmental policies often rest on the very ethically dubious idea that any policy which creates significant cost to a nation, regional economy, or to a specific industry should not be adopted even when the problematic behavior causes serious harm to people or nations who have not consented to be harmed. The public debate in response to these claims often narrowly focuses on the magnitude of the costs or whether the regulatory action will create jobs and in so doing ignores several serious ethical problems with these arguments.
In policy disputes about matters in which potential harms are acknowledged by opponents of proposed policies, the public debate about the acceptability of the harms is often limited to some form of “cost-benefit analysis”(CBA).
Yet CBAs frequently hide important ethical issues. If, for instance, a CBA concludes that government action to protect vulnerable people or ecological systems should not be taken because costs of taking action to reduce an environmental threat outweigh the economic value of harms avoided by the proposed regulation, controversial ethical assumptions may be hidden in factual assertions about the magnitude of the costs or value of benefits particularly if:
Potentially but not fully proven catastrophic harms were ignored in the CBA.
The costs of taking action would be imposed upon parties that are harming others, yet the victims of the harm have not consented to be harmed.
Things that were believed to be sacred by one culture are valued in the CBA as if they were commodities whose value can be measured adequately by “willingness-to-pay” monetary measures. CBAs usually commodify all human values and thus value is restricted to monetary value while ignoring other values including sacred value or beliefs that certain entities should not be for sale. Thus in CBAs, usually the value of things that could be harmed are measured by human preferences measured in monetary values. Yet ethics is concerned with what preferences people should hold, not simply what preferences people hold.
Human rights will be violated if regulatory action is not taken.
The proposed government action implements the ethical duty of people to not harm others on the basis of self-interest.
The CBA determined economic value of entities that might be harmed are determined without obtaining the consent of those who might be harmed.
The benefits of government action to protect the environment are discounted too greatly in calculations that seek to allow future benefits of action to be compared to current costs to those who must act to prevent harm (Brown, 2008).
Thus, if a decision to take no government action on a potential environmental problem is justified only as a matter of imbalance between costs and benefits, very dubious ethical assumptions are frequently hidden in the CBA calculations while ethical principles, including those that have been widely acknowledged as valid and applicable to government policy formation are often ignored.
In this writer’s experience, proponents of environmental policies also not only rarely identify the ethical problems with the use of CBAs or almost any cost-based argument made in opposition to proposed policies, they almost always respond to the cost-based arguments by making counter cost claims. And so public debate about proposed policies usually focuses on economic “factual” claims while ignoring ethical principles.
Evidence of the utter dominance of instrumental rationality in the United State includes executive orders of several US presidents which require that any US proposed regulation must satisfy a CBA before it may be promulgated (Congressional Research Service, 2017).
This is so despite the fact that, as we have seen, a CBA used as a prescriptive guide to policymaking often hides many controversial ethical issues including, for instance, the duty of nations to not harm others on the basis of national economic self-interest.
Using cost to those causing harm to others as justification for failing to abate the harm also violates well-established principles of international environmental law including the “polluter pays principle” (Rio Declaration,1992, Principle 16 ) and the “no harm principle.” (UNFCCC,1992, Preamble)..
Yet the United States continues to very frequently base the acceptability of environmental regulations on the results of a CBA.
In 1997, while working as the Program Manager for United Nations Organizations in the US Environmental Protection Agency (EPA) Office of International Affairs, this author closely observed the US debate about whether the US should agree to the Kyoto Protocol under the UNFCCC. This debate focused exclusively on two different CBAs, one completed by the US EPA and the other by the US Department of Energy which reached slightly different conclusions about the magnitude of negative impacts on US GDP if the US agreed to be bound by the Protocol. Amazingly both CBAs examined costs and benefits to the United States alone if the United States ratified the Kyoto Protocol while completely ignoring potentially harsh climate impacts on poor people around the world and the most vulnerable nations. Yet no one in the US government nor NGOs participating in the debate about whether the US should ratify the Kyoto Protocol raised any ethical problems with the US reliance on CBAs that examined costs and benefits to the US alone as a tool to determine the appropriateness of US action on climate change.
In most Western capitalist countries, corporations and their industry associations have huge political power to frame public policy questions and don’t hesitate to exercise their power to prevent any government action that could lower corporate profits. And so the public debate on proposed policies often focuses on economic “facts,” not ethical duties, despite the almost universally accepted ethical norm agreed to by almost all religions and nations that people should not harm others on the basis of self-interest.
Opposition arguments against proposed environmental policies often rest on the unstated very dubious norm that regulatory action limiting commercial activities should not be taken unless the harms are proven by the government with high degrees of scientific certainty even in cases where achieving high levels of certainty is scientifically difficult or very prohibitively expensive.
For over 30 years, opponents of US action on climate change have frequently based their opposition on scientific uncertainty about human-caused climate change harms despite the fact that the United States agreed to the “precautionary principle” when it agreed to the UNFCCC in 1992. (UNFCCC. 1992, Art 3.3) This principle says that governments will no longer fail to take action on the basis of scientific uncertainty. Yet advocates of national action on climate change in response to opponents’ scientific uncertainty arguments almost always simply claim that the scientific “facts” of harm have been sufficiently scientifically demonstrated not on the ethical rule that precaution is required once it is scientifically established that significant harm might be created by certain human activities.
If a government decides not to act to reduce the threat of environmental harm on the basis of lack of proof of harm, such a decision can hide important ethical questions particularly if:
The government assumes that the proponents of government action to prevent environmental harm should shoulder the burden of proof of demonstrating harm particularly in matters where proof is very expensive, difficult to demonstrate, or cannot be fully demonstrated before potential harms are experienced..
There is credible but uncertain evidence that the current activity may be approaching thresholds that could trigger very serious consequences.
If the government waits until all uncertainties are resolved it will be too late to prevent serious harm.
Some very serious potential harm is judged to be low probability just because the mechanism for causing serious harm is not completely understood so that the probability of the serious harm cannot be confidently evaluated.
The victims of potential harm have not consented to put at risk.
All of these considerations are relevant to climate change yet, the United States has failed to decisively act on climate change since international climate change negotiations began 30 years ago because opponents of US climate change policies have claimed that there is insufficient proof of human-induced climate change caused harms.
Although the most prestigious scientific institutions in the world including most national academies of science and the Intergovernmental Panel on Climate Change have concluded with high levels of confidence that humans are causing and threatening great harms from human-induced climate change, even conceding, for the sake of argument, that great harms from human induced climate change are not yet proven, ethical principles requires that action should be taken to reduce the threat of climate change. Yet the ethical basis for requiring action is almost never discussed in the US public debate about whether scientific uncertainty about human-induced climate change is an appropriate justification for US unwillingness to act on climate change.
Scientists employed by environmental agencies usually focus on understanding the environmental harms and risks of various human activities and whether proposed government action will acceptably reduce threats to human health and the environment. The goals of environmental regulatory action are usually given to them by law or regulation such as water pollution should be reduced to prevent unreasonable harm to humans or ecological systems. Yet, in the face of scientific uncertainty about whether human actions may cause harm, scientists cannot determine who should have the burden of proof or what quantity of proof should satisfy the burden of proof by scientific methods alone because these are fundamentally ethical questions.
An understanding the ethical problems with instrumental rationality leads to an understanding of why nations often ignore even well-established ethical principles in policy formation such as the ethical principle that no nation should harm others outside their jurisdiction on the basis of national economic interest.
For this reason, a first-order problem on the road to a world which formulates policies guided by ethical principles is to open policy formation controversies to express consideration of ethical issues. This goal requires that those engaged in policy formation spot and identify the ethical issues frequently hidden in economic and scientific arguments against proposed policies that currently dominate policy formation controversies on environmental issues around the world.
Unfortunately most professionals engaged in environmental policy formation have no training that would help them identify the hidden ethical issues embedded in arguments made against environmental and sustainable development policies. Nor do those NGOs who participate in controversies about these issues have the training to spot ethical problems made by opponents of proposed policies that are derived from various forms of instrumental rationality.
Frodeman, R. (2006) A Policy Turn in Environmental Ethics, Environmental Ethics, 26
Hargrove, E., ‘(2003) What’s Wrong? Who Is to Blame?, Environmental Ethics, 25 (1):3-4,  3-4
Intergovernmental Panel on Climate Change (IPCC). (2014) 5th Assessment Report, Contribution of Working Group III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change, Chapter 4. Sustainable Development and Equity. Sec 4.6. 2.1, p 4., http://www.ipcc.ch/report/ar5/wg3/ assessed , Dec 23, 2017
National Climate Justice, Research Project On Ethics and Justice in Formulating National Climate Policies, Lessons Learned, https://nationalclimatejustice.org, accessed 24 Dec, 2017
When Pope Francis in May of 2015 issued his Laudata Si encyclical which called climate change a moral issue, it got global attention. Yet despite extensive international media coverage of worldwide condemnation of President Trump’s decision to remove the United States from the Paris agreement, there has been relatively little coverage of why the Trump decision should be understood not only as a dangerous break with the international community but as a profoundly immoral choice.
Climate change has certain features that more than any other global environmental problem call for responding to it as a moral problem. First, it is a problem caused mostly by high-emitting developed countries that are putting relatively low emitting developing countries most at risk. Second, the potential harms to the most vulnerable nations and people are not mere inconveniences but include catastrophic threats to life and the ecological systems on which life depends. Third, those people and nations most at risk can do little to protect themselves by petitioning their governments to shield them; their best hope is that high-emitting nations will respond to their obligations to not harm others. Fourth CO2 emissions become well mixed in the atmosphere so that CO2 atmosphere concentrations are roughly the same around the world regardless of the source of the emissions. Therefore unlike other air pollution problems which most threaten only those nations and communities located within the pollution plume, greenhouse gas emissions from any one country are threatening people and other countries around the world. This means that US greenhouse gas emissions are causing and threatening enormous harm all over the world.
Under the 2015 Paris accord, 195 nations agreed to cooperate to limit warming to as close as possible to 1.5°C and no more than 2.0°C. Even nations that have historically opposed strong international action on climate change, including most of the OPEC countries, agreed to this warming limit goal because there is a broad scientific consensus that warming above these amounts will not only cause harsh climate impacts to millions around the word, but could lead to abrupt climate change which could create great danger for much of the human race. The international community’s condemnation of the Trump decision is attributable to the understanding that achieving the Paris agreement’s warming limit goals will require the cooperation of all nations and particularly high emitting nations including the United States to adopt greenhouse gas reduction targets more ambitious than nations have committed to thus far. For this reason, most nations view the Trump decision as outrageously dangerous.
Trump justified his decision by his claim that removing the United States from the Paris agreement was consistent with his goal of adopting policies that put America first. According to Trump staying in the Paris Agreement would cost America as much as 2.7 million lost jobs by 2025 including 440,000 fewer manufacturing jobs. This claim was based on a dubious study by National Economic Research Associates which was funded by the U.S. Chamber of Commerce and the American Council for Capitol Formation. This study has been widely criticized for several reasons including that it neither counted the number of jobs which would be created in the renewable energy industry in a transformed energy sector nor the economic benefits of preventing climate change caused harms.
Yet it is the Trump assertion that the United States can base its energy policy primarily on putting US economic interests first while ignoring US obligations to not harm others that most clearly provokes moral outrage around the world. The moral principle that people may not harm others on the basis of self-interest is recognized by the vast majority of the world’s religions and in international law under the “no harm principle”. The “no- harm’ rule is a principle of customary international law whereby a nation is duty-bound to prevent, reduce, and control the risk of environmental harm to other nations caused by activities within the nation For these reasons, the Trump decision on the Paris Agreement is a moral travesty.
I arrived in Marrakech on Thursday am, November 10 just as the news of the election of Donald Trump was hitting the world like a large meteor hitting the Atlantic Ocean.
I had come to Marrakech to participate in international climate negotiations to which 193 countries had come in hope of making progress on finding a global solution to the increasingly frightening climate change emergency. All 193 countries had agreed in Paris the year before to work together to try to limit warming to as close as possible to 1.5 degrees C but no more than 2 degrees C. The international community was convinced that their previous promise to work to limit warming to 2 degrees C was much too dangerous particularly for many desperately poor countries. Yet to achieve the new warming limits, nations will need to greatly strengthen their commitments made in Paris, a goal which was the organizing focus of the Marraketch meeting.
On the first day of the negotiations, I was listening to two women, one from the Maldives and the other from Bangladesh, describing the suffering their families and communities were already experiencing from floods and rising seas. They also pleaded for much more aggressive action from developed countries to reduce GHG emissions as waves of grief, despair and sadness about the US election were reverberating through the huge Marrakech negotiating complex.
As I encountered colleagues from previous climate negotiations, every conversation began with sorrowful laments about the US election. Particularly those of us who were veterans of most of the 23 year climate negotiating history were painfully aware of the anomaly that the Obama administration represented compared to the administrations of prior US Presidents as a positive force in the international efforts to find a global solution to climate change’s enormous threats. We therefore felt deep grief about the Trump election and his promise to rip up the Paris Agreement and reestablish coal as an energy source.
For most of the 23 year history of the climate negotiations, the United States, along with two or three other nations, often played a blocking role in international efforts to find a global solution to climate change. In no small part because of the delay caused by US obstruction, the world is running out of time to prevent potentially very dangerous climate change despite the Obama’s administrations recent more positive commitments.
The climate change disinformation campaign funded by many fossil fuel companies and free market fundamentalist foundations that started in the United States in the late 1980s and moved to several other developed countries is in no small part responsible for the rise of atmospheric CO2 to 403 ppm from about 320 ppm, a level that existed when calls to control GHG emissions began in earnest in the 1970s.
Because the international community has not found a way yet to actually reduce global GHG emissions to safe levels, and some parts of the world are already experiencing life-threatening floods and droughts, killer heat waves and storm surges, and rises in tropical diseases, the success of US climate change opponents in blocking meaningful US climate change policies has created a monumental threat to the entire world. Now President-elect Trump is threatening to reinstate the United State as the chief obstructionist on climate change issues among nations.
Yet shortly before the Marrakech COP, optimism about chances for preventing catastrophic warming was rising as 55 countries representing 55% of global emissions ratified the Paris Agreement allowing the Paris deal to come into effect on October 4th of this year, more quickly than expected. At the beginning of the Marrakech negotiation session, it appeared to me that the Trump election had punctured the optimism filled balloon that was rising shortly before the Marrakech COP.
Compared to many of the first 21 international climate negotiating meetings, which are referred to as Conference of the Parties or COPs under the 1992 United Nations Convention on Climate Change (UNFCCC), the agenda and expectations for the Marrakech session (COP22) were modest despite a growing sense of urgency and alarm among climate scientists that time is running short to prevent extraordinarily dangerous climate change.
The most important agenda items for Marrakech were filling in details of general decisions made in the Paris Agreement that must be clarified if the accord’s goal of limiting warming to as close as possible to 1.5 degrees C but no greater than 2 degrees C has any chance of being achieved.
And so much of the Marrakech negotiations were focused on such non-sexy issues as:
(a) how a global dialogue that the Paris Agreement calls for on assessing the state of affairs in 2018 will be organized,
(b) how to assure the clarity and sufficiency of information that nations must provide with their commitments under the Paris agreement prior to five-year “stocktakes” and to implement the Paris Agreement’s “transparency mechanism,”
(c) how to make progress on the financing promises of developed countries for developing country programs on adaptation and mitigation,
(d) how to assure that the Paris Agreement’s market mechanisms which give governments flexibility in how they achieve GHG emissions reduction commitments don’t undermine the Agreement’s warming limit goal.
Although these issues are not as politically explosive as issues that were under consideration in the other 21 COPs, they are nonetheless crucial steps that must be taken to implement the Paris accord.
The fog of sadness triggered by the Trump election coupled with the lack of visible progress on increasing the ambition of national commitments so urgently needed to keep warming to non-dangerous levels initially created a dark mood in the negotiating complex. However, as the negotiations continued into the second week, at least this writer was buoyed by the determination, if not outright defiance, of people and countries from around the world that I kept experiencing during the last few days of the COP.
In addition to the negotiations, much of what goes on at a COP are in numerous side-events, where reports are heard from non-government organizations, national and international scientific institutions, research organizations, and businesses supporting technologies that have hope of contributing to the solution to climate change. Being at a COP is like having a two-week intensive course on all that is going on with climate change around the world.
At one of the side events I attended, I began to notice the rise of a positive defiance that countries around the world were displaying about the future of the Paris Agreement despite the bad news from the United States. This positive mood was fueled in part by the numerous examples of rapid progress being made around the world in installing non-fossil energy. Also all countries acted at the COP as if they understood that climate change was a very serious global threat that urgently required the cooperation of all nations to prevent catastrophic harm to people and ecological systems on which life depends.
In one side event, the energy Secretary from Vermont reported that one in every twenty jobs in her state were in the solar industry and that solar energy is already transforming Vermont’s energy supply.
Johnathan Pershing, lead US negotiator, claimed that the US solar industry was employing over 2,500,000 people while only 86,000 were working in the coal industry.
One of the side events discussed growing cooperation on climate change between California and several Canadian Provinces along with growing regional cooperation around the world on climate issues
Many of the 193 countries participating in the Marrakech negotiations had displays which depicted not only significant amounts of installed renewable energy in their countries, but plans for greatly expanded use or climate friendly technologies including electric vehicles and green building in the years ahead.
There was considerable discussion in Marrakech about the rapidly expanding and ambitious role that cities around the world have committed to play to fight climate change. Recently 7,100 cities from 119 countries and six continents, representing more than 600 million inhabitants, over 8% of the world’s population have committed to cooperate together under the Global Covenant of Mayors for Climate & Energy. In addition 20 of the world’s largest cities have committed to achieve carbon neutrality or at minimum to reduce GHG emissions by 80% by 2050. The cities include: Adelaide, Australia, Berlin, Germany, Boston MA, Boulder CO, Copenhagen,Denmark, London, United Kingdom, Melbourne, Australia, Minneapolis MN, New York City NY, Oslo, Norway, Portland OR, Rio de Janeiro, Brazil, San Francisco CA, Seattle WA, Stockholm, Sweden, Sydney, Australia,Toronto, Canada, Vancouver, Canada, Washington, DC, and Yokohama, Japan.
Several times throughout the COP I heard participants proclaim defiantly that they were going to “Trump Proof” the world. They claimed they were going to go ahead with or without the United States. Several claimed that if the United States pulled out of the Paris deal, they would pursue economic sanctions against the United States
The day before I left Marrakech, I felt a positive change in my mood. I had been affected by positive energy from thousands around the world attending the COP. They promised to strive to implement the Paris Agreement without the United States. However, only if the United States aggressively reduces its GHG emissions is there much hope of preventing climate change that will harm millions of the worlds poorest people because 20 % of global GHG emissions come from the United States..
The Marrakech COP produced a few very modest advancements in the Paris deal while deferring important decisions to the next COP which will be held in Bonn, Germany next year.
This post identifies three updated 15 minute videos which have previously appeared on this site. These videos describe, analyze, and respond to controversies about the climate change disinformation campaign. They include descriptions of:
(1) The enormous damage to the world that has been caused by a mostly fossil fuel corporate funded disinformation campaign on climate change,
(2) What is meant by the climate change disinformation campaign, a phenomenon sociologist describe as a “countermovement,”
(3) The tactics of the disinformation campaign,
(4) An explanation of why the tactics of the campaign cannot be excused either as an exercise in free speech or as responsible scientific skepticism,
(5) What norms should guide responsible scientific skepticism about climate change.
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.