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Madrid COP 25 Event on the Urgency of and Getting Traction for Ethical Principles to Guide National Responses to Climate Change

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Climate change has certain features that more than any other environmental problem scream for attention that it should be understood and responded to as an ethical problem. These features include that it is a problem that: (1) has mostly been caused by developed nations; (2) most threatens poor vulnerable people and nations which have done comparatively little to cause the problem; (3) creates harms to the most vulnerable that include potential catastrophic losses of life and damages to ecological systems on which life depends; (4) those people who are most vulnerable to it cannot depend on petitioning their governments for protection, their best hope is that those most responsible for raising atmospheric greenhouse gas (GHG) concentrations will respond to their ethical and moral duties to reduce their emissions to their fair share of safe global emissions; and, (5) because GHGs from any country mix well in the atmosphere, they thereby are contributing to rising atmospheric concentrations which are responsible for harming people and ecological systems far beyond their boarders.

Yet nations, and even most environmental NGOs have largely ignored evaluating nations’ responses to climate change through an ethical lens but have usually simply responded to the arguments of opponents of  climate change which largely have been claims that proposed policies on climate change are unsupportable because: (1) the policies would create  unacceptable costs to the national economy or a specific national industry; or, (2) the policies were not justifiable because of scientific uncertainty about alleged adverse climate change impacts. And so, when opponents of climate change argued in opposition to proposed climate change policies on the grounds of unacceptable costs that the policy would create,  proponents often responded by simply asserting responses to climate change would create jobs rather than helping citizens understand that behaviors that cause violations of human rights, kills others or destroys ecological systems on which life depends cant be justified on the grounds that the cessation of these destructive behaviors would impose costs on those engaged in the destructive behavior. In response to the scientific uncertainty arguments made by opponents of proposed climate change policies, proponents of climate policies usually simply make claims such as 97% of climate sciencentists support the consensus view while ignoring the fact that that every country in the world agreed in the 1992 climate threaty that scientific uncertainty should not be used as a excuse for taking protective action.

By not helping citizens see the morally indefensible problems with orguments made by opponents of climate change policies, proponents of climate change policies are failing to motivate those who are not motivated by the scientific and economic technical discoures which have dominated climate change policy controversies and which are not likely to mobilize public concern, strong emotion, or activism that fuel strong public social movements. (Wetts, 2019)

A recent paper by sociologist Rachel Wetts of Brown University found that of 1768 press releases about climate change issues only 3.4% attempted to motivate climate responses on the basis of moral obligations. (Wetts, 2019)

On December 12th at the Madrid COP 25 of the United Nations Framework Convention on Climate Change, UNESCO, in cooperation with the Center for Environmental Ethics and Law, sponsored a panel on the urgency of getting nations to comply with their ethical obligations to respond to climate change. This panel On the Urgency of  and Getting Traction for Ethical Principles to Guide National Responses to Climate Change was part of a UNESCO event entitled Changing Minds, Not the Climate,  Science, Knowledge Systems, and Ethics for Enhanced Ambition and Resilience. 

The ethics panel discussed numerous specific policy decisions on climate issues that raised important ethical issues, yet tragically the ethical problems with the arguments made by opponents of climate policies were rarely identified. Despite the fact that arguments made in opposition to the proposed climate policy issues would not survive minimum ethical scrutiny if they were subjected to ethical critique, the ethical problems with the arguments made against climate policies are rarely identified. Furthermore, unless citizens spotted the ethical problems with their nation’s response to climate change they could not effectively critique their nation’s response to climate change.  For instance, every national GHG reduction target is implicitly a position of the national government on how much harm the government deems it is acceptable to impose on vulnerable people and nations because every ton of GHG emissions makes the harms worse, and every target is also implicitly a position on the nation’s fair share of a carbon budget that the entire world must live within to prevent a warming limit goal from being exceeded.  Yet these ethical problems with national climate change responses have been infrequently part of national climate debates.   The speakers on the Madrid COP 25 panel on the urgency of getting traction for ethics in climate change policy formation were

  • Donald A. Brown, Scholar In Residence, Sustainability Ethics and Law, Widener University Commonwealth Law School (USA) who explained the urgency of getting traction for ethical principles to guide government responses to climate change both to prevent climate catastophe and to critically evaluate the arguments of climate change policy opponents;
  • Kathryn Gwiazdon, J.D., Esq., Executive Director, Center for Environmental Ethics, and Law, Chicago (USA) who gave numerous examples of specific climate change policy controversies that raise obvious but often unacknowledged ethical issues;
  • Sébastien Duyck, Research Fellow, Institute of European and International Economic Law, University of Bern who explained efforts to get traction for human rights obligations in climate change policy formation; and,
  • Jean-Pascal van Ypersele, Professor of  Climatology and Environmental Sciences, “Université Catholique de Louvain” (Louvain-la-Neuve, Belgium), former IPCC Vice-Chair (2008-2015), member of the Royal Academy of Belgium who epained his experiences with getting the conclusions of IPCC which should trigger moral obligations accepted.

In December of 2017, UNESCO adopted the Declaration of Ethical Principles in relation to Climate Change, which sets out a number of important ethical principles to guide political decision-making and formulation of cross-cutting public policies around the world. Among the proclaimed six ethical principles, the Declaration emphasizes the links between justice, sustainability and solidarity that could support countries to scale their national commitments and coordinate action across cultures. The Madrid panel discussed why finding ways for getting nations to comply with their ethical obligations is indispensable to avoid catastrophic climate change, and explored strategies for getting traction for ethical principles in guiding national responses to climate change.  Furthermore, the panel discussed that although there are other important and binding sources of international law containing many well settled ethical principles which are relevant to national responses to climate change such as the “no harm,” “precautionary,” and “polluter pays” principles, duties of nations to protect human rights, and adopt emissions reduction targets at levels to prevent dangerous climate change on the basis of “equity,” and common but differentiated responsibilities, nations are ignoring these principles in formulating national policies.

The UNESCO Madrid COP 25 panel reviewed evidence that most nations are still ignoring these ethical principles in national climate change policy formation. The UNESCO panel concluded by inviting individuals to submit ideas about how to get traction for ethics in national responses to climate change.

Until UNESCO sets up a website on these issues, individuals with ideas about how to get traction for ethical guidance for climate policy formation should submit comments to dabrown57@gmail.com for the time being.

By; 

Donald A. Brown

Scholar in Residence,

Sustainability Ethics and Law

Widener University Commonwealth Law School 

dabrown57@gmail.com

References:

Wetts, Rachel, 2019. “Models and Morals: Elite-Oriented and Value-Neutral Discourse Dominates American Organizations’ Framings of Climate Change.” Social Forces. Published online: https://doi.org/10.1093/sf/soz027

If some of the ethical and justice issues raised by climate change are so obvious that even monkeys would get them, why doesn’t the media, NGOs, and citizens spot these ethical issues in climate change policy formation controversies?

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The ethical issues raised by arguments raised against climate change policies often raise obvious ethical problems such as the claim that a country such as the United States need not adopt policies if they will impose unacceptable costs on the nation or an industry discussed in this video. There are, however, many other examples of strong ethical problems with arguments made against proposed climate change policies that are not discussed in this video that are discussed on this website, ethicsandclimate.org. See the “index and start here” tab above on this website for other topics.

Donald A. Brown

Scholar in Residence, Sustainability Ethics and Law

Widener University Commonwealth Law School

dabrown57@gmail.com

 

 

 

 

 

 

The Moral Outrageousness of Trump’s Decision on the Paris Agreement

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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.

By: 

Donald A. Brown

Scholar In Residence and Professor

Widener University Commonwealth Law School

dabrown57@gmail.com

A video: Questions that Should be Asked of Those Who Oppose Climate Change Policies on the Basis of Costs, Job Loss, or Decreases in GDP To Expose the Moral and Ethical Problems with these Arguments

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coal fire obama

For over 35 years, opponents of climate change policies most frequently have made two kinds of arguments in opposition to proposed climate policies. First proposed climate policies should be opposed because there is too much scientific uncertainty to warrant action. Second climate policies should be opposed because of the adverse economic harms that the policies will cause. This kind of argument has taken several different forms such as, climate policies simply cost too much, will destroy jobs, harm the economy, or are not justified by cost-benefit analyses just to name a few cost-based arguments made frequently in opposition to climate change policies. .

For most of the 35 years, proponents of climate change policies have usually responded to these arguments by making counter “factual” claims such as climate policies will increase jobs or trigger economic growth. Although the claims made by opponents of climate change policies about excessive costs are often undoubtedly false and therefore counter factual arguments are important responses to these arguments of climate change opponents, noticeably missing from the climate change debate for most of the 35 years  are explanations and arguments about why the cost-based arguments fail to pass minimum ethical and moral scrutiny.  This absence is lamentable because the moral and ethical arguments about the arguments of those opposing climate policy are often very strong.

This video identifies questions that should be asked of those who oppose climate change policies on the basis of cost or adverse economic impacts to expose the ethical and moral  problems with these arguments.  The video not only identifies the questions, it give advice on how the questions should be asked.  The questions in the video also can be found below.

 

We are interested in hearing from those who use these  questions to expose the ethical problems with cost arguments made against climate change policies.  Those who wish to share their experiences with these questions, please reply to:  dabrown57@gmail.com.

The questions in this video are:

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By:

Donald A. Brown

Scholar in Residence and Professor

Widener University Commonwealth Law School

dabrown57@gmail.com

 

 

 

 

 

 

 

Three Videos on Why the Fossil Fuel Funded Climate Change Disinformation Campaign Is Neither an Exercise of Free Speech nor Responsible Scientific Skepticism and Should Be Understood as Some Kind of New Crime Against Humanity

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wizardweb of denial

 

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.

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

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I. Introduction

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

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

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

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

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

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

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

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

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

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

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

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

damage done by republicans

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

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

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

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

To fully understand the nature of the harm caused by this delay it is necessary to understand the policy implications of a “carbon budget” that must limit global emissions to avoid dangerous warming levels. . Bathtub revised 1pptx

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

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

cabon budget hour glass

 

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

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

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

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

INDC implications aubrey

Source, Global Commons Institute

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

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

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

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

Per capita carbon levels by nations

Percapita nationa

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

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

historical_emissions

Source, Word Resources Institute

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

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

hansen ghg emissions by country

Source, Hansen, Evaluating Dangerous Climate Change

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

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

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

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

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

us ghg emissions after equity

Source, Global Commons Institute

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

equity band

Source Athanasiou, et al, National Fair Shares

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

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

IV. Conclusion

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

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

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

References

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

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

By

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

dabrown57@gmail.com

widener

Reflections on the Failed US Media Coverage of COP 21 in Paris

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cop21

As the last two days of the negotiations are now before us, the US mainstream media coverage of the UNFCCC COP 21 in Paris continues to miss some of the most important issues that US citizens need to understand to evaluate the US government’s response to climate change. Although there has been ample coverage of President Obama’s appearance at the beginning of the Paris COP and abundant coverage of a few issues such as the fact that national commitments on ghg emissions reductions are not likely sufficient to limit warming to 20 C, there has been only sketchy coverage at best of the following issues:

  • The enormity and urgency of global ghg emissions reductions that are needed to limit warming to 1.5 or 2 degrees C. Only when citizens fully understand the limited carbon budget that remains to be distributed among all the nations of the world if the international community is going to retain hope of limiting warming to non-dangerous levels can they understand why all nations must increase their ambition in reducing ghg emissions to their fair share  of safe global emissions.
  • The evidence that 1.5 degrees C should be the warming limit for the world that all nations should seek to achieve rather than 2 degrees C. To the extent that the press has covered the controversy between setting a global warming limit at 2 degrees C or 1.5 degrees C. the press has left the impression as if this is simply a choice for the international community without explaining the enormous danger for many poor developing countries that turns on this choice. Unless citizens understand how some countries are put at much greater risk if the warming limit remains at 2 degrees C they cannot clearly reflect on their moral responsibility to act to limit warming to lower amounts.
  • The implications of taking equity and justice seriously in allocating national ghg emissions reduction targets for the United States including the fact that if the United States would take its equitable obligations seriously it would not only have to reduce its carbon emissions to zero by 2050, it would have to financially contribute to the costs of emissions reductions in developing countries.
  • The damage to the world from an almost 30 year US delay in taking serious steps to reduce the threat of climate change including the enormity of global ghg emissions reductions that are now necessary compared to the reductions that would have been necessary if the United States and the world acted more forcefully a decade ago or so earlier.
  • The ethical and legal reasonableness of requiring high-emitting nations including the United States to financially contribute to the costs of adaptation, losses, and damages in poor, vulnerable nations that have done little to cause the threat of climate change.
  • The enormity of growing costs for needed adaptation, loses, and damages in poor developing countries. Without a clear understanding of how adaptation and loses and damages costs increase dramatically as delays continue in making adequate dramatic ghg emissions reductions, citizens cannot evaluate the need of their nations to act rapidly to reduce ghg emissions.
  • The failure of  developed countries to meet their obligations to help poor vulnerable nations meet clear adaptation needs.
  • Why the commitment on reducing ghg emissions by the Obama administration, despite it being a welcome change from prior US responses to climate change, is still woefully inadequate.
  • The utter ethical and moral bankruptcy of the positions of opponents of climate change policies in the United States that are being presented in opposition to the Paris negotiations.

This blog will cover these issues in more detail in coming entries.

By:

Donald A.  Brown

Scholar In Residence and Professor

widener

dabrown57@gmail.com

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

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Lewis-Powell

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

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

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

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

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

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

Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign

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

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

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

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

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

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

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

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

The memo specifically recommended that businesses:

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

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

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

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

References:

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

By;

Donald A. Brown

Scholar in Residence and Professor

Sustainability Ethics and Law

dabrown57@gmail,com

If Pope Francis is Right that Climate Change is a Moral Issue, How Should NGOs and Citizens Respond to Arguments Against Climate Policies Based on Scientific Uncertainty?

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popeslaudatoostrrichheadinsandundercertainy

I. Introduction 

This is the second of three articles that makes recommendations on how NGOs and citizens should debate climate change policies if Pope Francis claim that climate change is essentially a moral problem is correct. The first of these three articles looked at how NGO’s should respond to arguments against climate change policies based on cost if climate change is a moral problem. This entry makes recommendations about how NGOs and citizens should respond to arguments based on scientific uncertainty. The third in this series will make recommendations on how to respond to arguments based on  the unfairness or ineffectiveness of a nation acting if China or India does not reduce their ghg emissions.

Pope Francis’ Encyclical, Laudato Si, On Care for Our Common Future, is attracting high-level attention around the world for its claim that climate change is a moral problem which all people have a duty to prevent. If his claim that climate change is essentially and  fundamentally a moral problem is widely accepted, a conclusion that is also strongly supported by basic ethical theory as explained on this website many times,  it has the potential to radically transform how climate change has been debated in many nations around the world for the last twenty-five years because opponents of climate change policies have been very successful in framing the public debate so that it has focused on several issues almost exclusively. This framing has enabled the climate change debate to ignore ethical and moral issues that should have been part of the debate. The opponents of climate change policies have largely succeeded in opposing proposed climate change law and policy by claiming that government action on climate change should be opposed because: (1) it will impose unacceptable costs on national economics or specific industries and destroy jobs, (2) there is too much scientific uncertainty to warrant government action, or (3) it would be unfair and ineffective for nations like the United States to adopt expensive climate policies as long as China or India fail to adopt serious greenhouse gas emissions reductions policies. Common to these arguments is that they have successfully framed the climate change debate so that opponents and proponents of climate policies debate facts about costs, scientific uncertainty, or unfairness of one country acting while others don’t rather than the moral problems with these arguments.

This series argues  following the example of Pope Francis that NGOs, governments, and citizens should ask opponents of climate change policies questions designed to bring attention to the obvious ethical and moral problems with arguments made by opponents of climate change policies based on scientific uncertainty.  Each question is followed by a brief description of the moral problem that the question is designed to bring to light.

Some of the arguments against climate change policies based upon scientific uncertainty should and can be responded to on scientific grounds especially in light of the fact that many claims about scientific uncertainty about human-induced warming are great distortions of mainstream climate change science.  Yet in addition to the scientific responses to arguments made  against climate policies on scientific grounds, there are a host of ethical problems with these arguments which the following questions are designed to expose.

II. Questions to be Asked of Those Opposing Action on Climate Change on the Basis of Scientific Uncertainty.

When you argue that nations such as the United States or states, regional, or local governments, businesses, organizations, or individuals that emit high levels of greenhouse gases (ghg) need not reduce their ghg emissions to their fair share of safe global emissions because of scientific uncertainty about adverse climate change impacts:

1. On what specific basis do you disregard the conclusions of the United States Academy of Sciences, and numerous other Academies of Sciences around the World including the Royal Academy of the UK,  over a hundred of the most prestigious scientific organizations whose membership includes those with expertise relevant to the science of climate change, including the American Association for the Advancement of Science, the American Geophysical Union, the American Institute of Physics, the American Meteorological Society, the Royal Meteorological Society,  and according to the American Academy of Sciences, 97 percent of scientists who actually do peer-reviewed research on climate change whose conclusions hold that the Earth is warming, that the warming is mostly human caused, that harsh impacts from warming are already being experienced in parts of the world, and that the international community is running out of time to prevent catastrophic warming.

This question is designed to expose the ethical conclusion that nations who are put on notice by the most prestigious and responsible scientific organizations in the world that ghg emissions from their jurisdictions are causing great harm to vulnerable people around the world have an ethical duty to accept the burden of proof to prove that their ghg emissions are not causing harm. That is once there is a reasonable scientific basis for concluding that some nations or entities are causing great harm, the question of who should have the burden of proof is an ethical and not simply a scientific question. Thus the question is designed to bring attention to the ethical duty of those who are engaged in risky behavior to produce credible scientific evidence that demonstrates with relatively high levels of proof that their behavior is not causing harm if they choose to persist in behaving in a way that might be dangerous.  That risky behavior is not acceptable because there is some uncertainty about the harm that will be caused by the behavior is clear from law around the world that makes dangerous behavior unacceptable and often criminal. For instance, it is not a defense to a charge of reckless driving that the police could not prove the driving would cause harm. Nations and people have a moral duty to not engage in behaviors that might cause harm if there is a reasonable basis that the behavior could cause harm.  Therefore opponents of climate change have a strong burden of proof to prove that human release of ghgs is not dangerous. For this reason, opponents of climate change policies have an ethical duty to explain the scientific basis for concluding that human activities are not causing dangerous climate change.

2. Assuming, for the sake of argument, that there are some remaining scientific uncertainties about climate change impacts, are you arguing that no action of climate change should be taken until all scientific uncertainties are resolved given that waiting to resolve uncertainties before action is taken will virtually guarantee that it will too late to prevent catastrophic human-induced climate change harms to people and ecological systems around the world?

This question is designed to bring attention to the ethical duty to take action in the face of uncertainty if waiting until the uncertainties are resolved will produce greater harm particularly for problems like climate change that are predicted to cause catastrophic harms to some people and regions if strong action is not taken. 

3. Given that waiting until uncertainties are resolved will make climate change harms worse and the scale of reductions needed to prevent dangerous climate change much more daunting, do you deny that those who are most vulnerable to climate change’s harshest potential impacts have a right to participate in any decision about whether a nation should wait to act to reduce the threat of climate change because of scientific uncertainty?

This question is designed to expose the ethical duty entailed by procedural justice to obtain consensus about waiting until uncertainties are resolved before taking action from those who will be harmed by any delay in taking action on the basis of uncertainty when delay will most likely increase the harms to those who are most vulnerable. 

4. Should a developed nation such as  the United States which has much higher historical and per capita emissions than other nations be able to justify its refusal to reduce its ghg emissions to its fair share of safe global emissions on the basis of scientific uncertainty, given that if the mainstream science is correct, the world is rapidly running out of time to prevent warming above 2 degrees C, a temperature limit which if exceeded may cause rapid, non-linear climate change.

This question, following up on question one is designed to expose the ethical duty of high-emitting developed countries like the United States to refrain from further delay on climate change on the basis of scientific uncertainty given that the nation’s non-action on climate change is already responsible for putting the international community in great danger from climate change. 

5. If you claim that there is no evidence of human causation of climate change are you aware that there are multiple “fingerprint” studies and “attribution” studies which point to human causation of observed warming?

This question, following up on question one, is designed to expose the fact that there is a strong ethical duty to assume human causation of climate change if there is reliable evidence of human causation and that those who seek to justify non-action on climate change because they claim that human causation has not been proven have a very strong ethical duty to demonstrate that humans are not causing climate change with high levels of proof. More specifically in regard to the question of human causation, opponents of climate change policies that deny human causation should be expected to specifically respond to the numerous “foot-print” and “attribution” studies that the international community has relied on to make conclusions about human causation.

6. When you claim that the United States or other nations emitting high levels of ghgs need not adopt climate change policies because adverse climate change impacts have not yet been proven, are you claiming that climate change skeptics have proven in peer reviewed scientific literature that human-induced climate change will not create harsh adverse impacts to the human health and the ecological systems of others on which their life often depends and if so what is that proof?

This question is designed to expose that those who seek to rely on scientific uncertainty as justification for non-action on climate change have a strong ethical duty to produce very credible scientific evidence that supports the conclusion that human activities releasing ghgs are not causing climate change and its impacts. 

7. If you concede that climate skeptics have not proven in peer-reviewed journals that human-induced warming is not a very serious threat to human health and ecological systems, given that human-induced warming could create catastrophic warming the longer the human community waits to respond to reduce the threat of climate change and the more difficult it will be to prevent dangerous warming, do you agree that those nations most responsible for rising atmospheric ghg concentrations have a duty to demonstrate that their ghg emissions are safe?

This question is designed to provoke express ethical reflection on the fact that those most responsible for dangerous atmospheric concentrations of ghg have a strong ethical duty to demonstrate that additional levels of ghg in the atmosphere are safe. 

8. Given that in ratifying the United Nations Framework Convention on Climate Change (UNFCCC) the United States in 1992 agreed under Article 3 of that treaty to not use scientific uncertainty as an excuse for postponing climate change policies, do you believe the United States is now free to ignore this promise by refusing to take action on climate change on the basis of scientific uncertainty? Article 3 states:

The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost. (UNFCCC, Art 3)

This question is designed to bring attention to the fact that because all nations that ratified the UNFCCC agreed to not use scientific uncertainty as an excuse for not reducing their ghg emissions, they have an ethical duty to keep their promises.

9. If a nation such as the United States which emits high-levels of ghgs refuses to reduce its emissions to its fair share of safe global emissions on the basis that there is too much scientific uncertainty to warrant action, if it turns out that human-induced climate change actually seriously harms the health of tens of millions of vulnerable people around the world and ecological systems on which their life depends, should the nation be financially responsible for the harms that could have been avoided if preventative action had been taken earlier?

This question is designed to bring attention to the ethical duty of nations to pay for damages that result from their delays in taking action on the basis of scientific uncertainty. 

10. Do you agree that if a government is warned by some of the most prestigious scientific institutions in the world that activities within its jurisdiction are causing great harm to and gravely threatening hundreds of millions of people outside their government’s jurisdiction, government officials who could take steps to assure that activities of their citizens do not harm or threaten others should not be able escape responsibility for preventing harm caused by simply declaring that they are not scientists?

This question is designed to expose that those politicians who refuse to reduce their government’s ghg on the basis that they are not scientists cannot ethically justify non-action on climate change on this basis because once they are put on notice by respected scientific organizations that ghg from their government jurisdiction are harming others, they have a duty to prevent dangerous behavior or establish credible scientific evidence that the alleged dangerous behavior is safe. 

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Widener Commonwealth University Law School

dabrown57@gmail.com

Questions That Should Be Asked of Opponents of Climate Change Policies, Including Politicians, To Help Expose the Ethical, Moral, and Justice Problems with Their Positions

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Bathtub revised

I. Introduction

If climate change, as the Pope’s recent encyclical claims, is a profound global justice, ethical, and moral problem, this paper identifies questions that should be asked of opponents of climate change policies to expose the ethical problems with their positions.

Although the Pope bases his claim that climate change is a moral problem on theological arguments derived mostly from Catholic teachings, this paper begins with a brief description of unique features of climate change that lead to an understanding that this enormous global threat must be understood fundamentally and essentially as a moral, ethical, and justice problem as a matter of secular ethics also. This is followed by questions designed to assure that opponents of climate change policies are required to expressly respond to ethical problems with their most frequent arguments made against climate change policies. These questions are organized according to the most frequent arguments made against climate change policies which are claims that climate change policies: (a) will impose unacceptable costs on a national economy or specific industries or prevent nations from pursuing other national priorities, (b) should not be adopted because of scientific uncertainty about climate change impacts, or (c) are both unfair and ineffective as long as high emitting nations such as China or India do not adopt meaningful ghg emissions reduction policies. Following each question is a short explanation of the strong ethical arguments for rejecting the arguments of the climate change policy opponents that have triggered the specific questions.

II. Why Climate Change Must be Understood as an Ethical, Moral, and Justice Problem.

Climate change must be understood and responded to as a profound problem of global justice, ethics, and morality. This is so because in addition to the theological reasons given by Pope Francis recently: (a) it is a problem mostly caused by some nations and people emitting high-levels of greenhouse gases (ghg) in one part of the world who are harming or threatening tens of millions of living people and countless numbers of future generations throughout the world who include some of the world’s poorest people who have done little to cause the problem, (b) the harms to many of the world’s most vulnerable victims of climate change are potentially catastrophic, (c) many people most at risk from climate change often can’t protect themselves by petitioning their governments; their best hope is that those causing the problem will see that justice requires them to greatly lower their ghg emissions, (d) to protect the world’s most vulnerable people nations must limit their ghg emissions to levels that constitute their fair share of safe global emissions, and, (e) climate change is preventing some people from enjoying the most basic human rights including rights to life and security among others. Because climate change is a profound problem of ethics, morality and justice those causing the problem may not use self-interest alone as justification for their policy responses to human-induced warming, they must respond in ways consistent with their responsibilities and duties to others. In light of this the following questions should be asked of those who oppose national action on climate change on the basis of excessive cost to national economies, scientific uncertainty, or unfairness if other high emitting nations refuse to reduce their ghg emissions. .

III.  Questions That Should Be Asked of Those Opposing Climate Change to Expose the Ethical and Moral Problems with Their Opposition.  

A. Questions to be asked of those opposing government action on climate change on the basis of cost to the economy, cost to specific industries, job destruction, or other economic arguments that oppose adoption of climate change policies.

When you argue that governments should not adopt policies to reduce ghg emissions to their fair share of safe global emissions on the basis that climate policies will impose unacceptable costs on national economies, destroy specific industries, kill jobs, or prevent the nation from investing in other national priorities:

1. Do you deny high-emitting nations not only have economic interests but also duties and obligations to nations and people most vulnerable to climate impacts to limit their ghg emissions to their fair share of safe global emissions?

This question is designed to expose a strong ethical and moral problem with those who refuse to reduce their ghg emissions on the basis of costs to them, a position that ignores that those harming others have strong ethical, moral, and legal responsibilities to not harm others. This strong ethical and moral responsibility is derivable both from the universally accepted moral principles including the widely accepted golden rule which requires people to treat others as they wish to be treated, and international law including, but not limited to the “no harm” rule  which is a widely recognized principle of customary international law whereby a State is duty-bound to prevent, reduce and control the risk of environmental harm to other states and a rule agreed to by all nations in the preamble to the UNFCCC, the “polluter-pays principle” agreed to by almost all nations in the 1992 Rio Declaration, human rights law which requires nations to assure that their citizens enjoy human rights, and many other legal theories including tort law. 

2.  Do you agree that no nation has a right to kill other people or destroy the ecological systems on which life depends simply because reducing ghg emissions will impose costs on the high-emitting nation?

Like question one, this question is designed to expose more explicitly than previous questions that those nations who refuse to limit ghg emissions to their fair share of safe global emissions are implicitly ignoring their very strong ethical duty to not kill or greatly harm others.

3. Do you deny that all high ghg emitting developed nations under the UNFCCC has a duty to adopt policies that prevent harms from climate change to  human health and ecological systems on which life depends which the nation is causing in other nations?

In addition to the ethical problems with cost arguments identified above in response to questions one and two, this question is also designed to expose that a nation that refuses to reduce its ghg emissions to its fair share of safe global emissions is violating promises it made under the UNFCCC to adopt ” policies and measures to prevent dangerous anthropocentric interference with the climate system.” and that the developed nations have promised to take the lead in reducing ghg emissions.

4. Do you deny the applicability of the well-established international norm that polluters should pay for the harms caused by their pollution and that if a nation or entity refuses to reduce its ghg emissions it is responsible for any damages or harms caused by their ghg emissions?

This question is designed to more expressly expose the ethical issue identified in response to question one, namely that high-emitting nations are responsible for the harms they are causing to others under the “polluter pays” principle of international law. This rule is also a basis for concluding that high-emitting nations have a duty to pay for the damages caused by ghg emissions from their country that exceed their fair share of global emissions.

5. Do you agree that a nation that refuses to reduce its ghg emission to its fair share of safe global ghg emissions on the basis of cost to it is implicitly taking  a position on how high atmospheric concentrations of ghgs should be allowed to rise and that the higher atmosphere ghg concentrations rise the more people and the ecological systems on which life depends will be harmed?.

This question is designed to expose that refusals of nations to reduce their emissions to their fair share of safe global emissions is implicitly a position on acceptable levels of atmospheric ghg concentrations which is essentially a moral issue because a position on acceptable atmospheric ghg concentrations is a position of a nation on who it is willing to kill or greatly harm by their ghg emissions. 

6. Do you agree that a national ghg emissions target that is based on cost to it must be understood as implicitly a position on a global emissions reduction pathway necessary to stabilize atmospheric ghg concentrations at safe levels and that the longer a nation waits to reduce its ghg emissions to its fair share of safe global emissions the smaller is  the remaining carbon budget for the entire world that may not be exceeded to prevent dangerous climate change?

This question is designed to expose the fact that because delays in ghg emissions based on costs to the polluter makes the enormous threat of  climate change much more difficult to solve and more likely that serious harms and damages will be experienced, therefore arguments for delays in reducing ghg emissions based upon cost raise moral and ethical issues because the delays are making the problem worse. 

7. Do you agree that nations which emit ghgs at levels beyond their fair share of safe global emissions have a duty to help pay for reasonable adaptation needs and unavoidable damages of low-emitting vulnerable countries and individuals who have done little to cause climate change?

This question is designed to expose the fact that a nation’s  refusal to lower its  ghg emissions to its fair share of safe global emissions on the basis of costs creates financial obligations to pay for resulting harms and damages.

8. Do you agree that all the costs of inaction on climate change must be considered by nations who refuse to reduce their ghg emissions to their fair share of safe global emissions on the basis of cost to them?

This question is designed to expose that fact that a nation which refuses to reduce its ghg emissions on the basis of costs to it have a strong duty to expressly consider all the costs of damages created by inaction.  

9. Given that the United States and most other developed anions have  for over twenty-five years failed to adequately respond to climate change because of alleged unacceptable costs to each nation and that due to the delay ghg emissions reductions now needed to avoid potentially catastrophic climate change are much steeper and costly than what would be required if these nations acted twenty five years ago, is it just for the United States and other developed nations  to now defend further inaction on climate change on the basis of cost to it?

This question is designed to expose the fact that previous unwillingness to reduce ghg emissions by a nation has caused dangerous delays which should be understood to create moral obligations to delay no longer in reducing ghg emissions to the nation’s fair share of safe global emissions. 

10. Do you believe that a nation who desires to delay to reduce its ghg emissions on the basis of costs to it, should have a responsibility to consult with those who will be harmed by the delay before delay is initiated?

This question is designed to expose the fact that procedural justice requires that that those who seek to put others at greater risk on the basis of cost has a duty as a matter of procedural justice to seek consensus from those who may be harmed by non-action. 

B. Questions to be Asked of Those Opposing Action on Climate Change on the Basis of Scientific Uncertainty.

When you argue that nations such as the United States or states, regional, or local governments, businesses, organizations, or individuals that emit high levels of greenhouse gases (ghg) need not reduce their ghg emissions to their fair share of safe global emissions because of scientific uncertainty about adverse climate change impacts:

1. On what specific basis do you disregard the conclusions of the United States Academy of Sciences, and numerous other Academies of Sciences Around the World including the Royal Academy of the UK,  over a hundred of the most prestigious scientific organizations whose membership includes those with expertise relevant to the science of climate change, including the American Association for the Advancement of Science, the American Geophysical Union, the American Institute of Physics, the American Meteorological Society, the Royal Meteorological Society,  and according to the American Academy of Sciences 97 percent of scientists who actually do peer-reviewed research on climate change which conclusions hold that the Earth is warming, that the warming is mostly human caused, and that harsh impacts from warming are already being experienced in parts of the world, and that the international community is running out of time to prevent catastrophic warming.

This question is designed to expose the ethical conclusion that nations who are put on notice by the most prestigious and responsible scientific organizations  in the world that ghg emissions from their jurisdictions are causing great harm to vulnerable people around the world have an ethical duty to accept the burden of proof to prove that their ghg emissions are not causing harm. That is once there is a reasonable scientific basis for concluding that some nations or entities are causing great harm, the question of who should have the burden of proof is an ethical and not simply a scientific question.  Thus the question is designed to bring attention to the ethical duty of those who are engaged in risky behavior to produce credible scientific evidence that demonstrates that their behavior is not causing harm if they choose to use uncertainty as justification for continuing the risky behavior.   That risky behavior is not acceptable because there is some uncertainty about the harm that will be caused by the behavior is clear from law around the world that makes dangerous behavior unacceptable and often criminal. For instance, it is not a defense to reckless driving that the police could not prove the driving would cause harm. Nations and people have a moral duty to  stop engaging in behaviors that might be causing harm once they are put on notice that their behavior is dangerous.  

2. Assuming, for the sake of argument, that there are some remaining scientific uncertainties about climate change impacts, are you arguing that no action of climate change should be taken until all scientific uncertainties are resolved given that waiting to resolve uncertainties before action is taken will virtually guarantee that it will too late to prevent catastrophic human-induced climate change harms to people and ecological systems around the world?

This question is designed to bring attention to the ethical duty to take action in the face of uncertainty if waiting until the uncertainties are resolved will produce greater harm if the harms are caused particularly for problems like climate change that the predicted harms are likely catastrophic to some people and regions.. 

3. Given that waiting until uncertainties are resolved will make climate change harms worse and the scale of reductions needed to prevent dangerous climate change much more daunting, do you deny that those who are most vulnerable to climate change’s harshest potential impacts have a right to participate in any decision about whether a nation should wait to act to reduce the threat of climate change because of scientific uncertainty?

This question is designed to expose the ethical duty entailed by procedural justice to obtain consensus from those who will be harmed by any delay in taking action on the basis of uncertainty when delay will likely increase the harms to those most vulnerable to the dangerous behavior. 

4. Should a developed nation such as  the United States which has much higher historical and per capita emissions than other nations be able to justify its refusal to reduce its ghg emissions to its fair share of safe global emissions on the basis of scientific uncertainty, given that if the mainstream science is correct, the world is rapidly running out of time to prevent warming above 2 degrees C, a temperature limit which if exceeded may cause rapid, non-linear climate change.

This question, following up on question one is designed to expose the ethical duty of high-emitting developed countries like the United States to refrain from further delay on climate change on the basis of scientific uncertainty given that the nation’s  non-action on climate change is  already responsible for putting the international community in great danger from climate change. 

5. If you claim that there is no evidence of human causation of climate change are you aware that there are multiple “fingerprint” studies and “attribution” studies which point to human causation of observed warming?

This question. following up on question one, is designed to expose the fact that there is a strong ethical duty to assume human causation of climate change if there is reliable evidence of human causation and that those who seek to justify non-action on climate change because they claim that human causation has not been proven have a very strong ethical duty to demonstrate that humans are not causing climate change with high levels of proof. More specifically in regard to the question of human causation, opponents of climate change policies that deny human causation should be expected to specifically respond to the numerous “foot-print” and “attribution” studies that the international community has relied on to make conclusions about human causation.

6. When you claim that the United States or other nations emitting high levels of ghgs need not adopt climate change policies because adverse climate change impacts have not yet been proven, are you claiming that climate change skeptics have proven in peer reviewed scientific literature that human-induced climate change will not create harsh adverse impacts to the human health and the ecological systems of others on which their life often depends and if so what is that proof?

This question is designed to expose that those who seek to rely on scientific uncertainty as justification for non-action on climate change have a strong ethical duty to produce very credible scientific evidence that supports the conclusion that human activities releasing ghgs are not causing climate change and its impacts. 

7. If you concede that climate skeptics have not proven in peer-reviewed journals that human-induced warming is not a very serious threat to human health and ecological systems, given that human-induced warming could create catastrophic warming the longer the human community waits to respond to reduce the threat of climate change and the more difficult it will be to prevent dangerous warming, do you agree that those responsible for rising atmospheric ghg concentrations have a duty to demonstrate that their ghg emissions are safe?

This question is designed to provoke express ethical reflection on the fact that those most responsible for dangerous atmospheric concentrations of ghg have a strong ethical duty to demonstrate that additional levels of ghg in the atmosphere are safe. 

8. Given that in ratifying the United Nations Framework Convention on Climate Change (UNFCCC) the United States in 1992 agreed under Article 3 of that treaty to not use scientific uncertainty as an excuse for postponing climate change policies, do you believe the United States is now free to ignore this promise by refusing to take action on climate change on the basis of scientific uncertainty? Article 3 states:

The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost. (UNFCCC, Art 3)

This question is designed to bring attention to the fact that because all nations that ratified the UNFCCC agreed to not use scientific uncertainty as an excuse for not reducing their ghg emissions, they have an ethical duty to keep their promises.

9. If a nation such as the United States which emits high-levels of ghgs refuses to reduce its emissions to its fair share of safe global emissions on the basis that there is too much scientific uncertainty to warrant action, if it turns out that human-induced climate change actually seriously harms the health of tens of millions of vulnerable people around the world and ecological systems on which their life depends, should the nation be financially responsible for the harms that could have been avoided if preventative action had been taken earlier?

This question is designed to bring attention to the ethical duty of nations to pay for damages that result from their delays in taking action on the basis of scientific uncertainty. 

10. Do you agree that if a government is warned by some of the most prestigious scientific institutions in the world that activities within its jurisdiction are causing great harm to and gravely threatening hundreds of millions of people outside their government’s jurisdiction, government officials who could take steps to assure that activities of their citizens do not harm or threaten others should not be able escape responsibility for preventing harm caused by simply declaring that they are not scientists?

This question is designed to expose that those politicians who refuse to reduce their government’s ghg on the basis that they are not scientists cannot ethically justify non-action on climate change on this basis because once they are put on notice by respected scientific organizations that ghg from their government jurisdiction are harming others, they have a duty to prevent dangerous behavior or establish credible scientific evidence that the alleged dangerous behavior is safe. 

C. Questions to be asked of those opposing government action climate change on the basis that other nations such as China and India have not reduced their ghg emissions.

When you argue that nations such as the United States need not reduce its ghg emissions to its fair share of safe global emission because other nations such as China have not taken action,

1. Are you claiming that no nation has a duty to reduce its ghgs emissions to its fair share of safe global emissions until all other nations reduce their greenhouse gas emissions accordingly?

This question is designed to expose the ethical duty of all nations to reduce their ghg emissions to their fair share of safe global emissions regardless of what other nations do because any nation emitting ghg emissions above its fair share of safe global emissions is contributing to elevated atmospheric ghg concentrations which are harming and threatening others. 

2. If you claim that the US or other developed nation  has no duty to act on climate change until China acts, do you agree that economic competitors such has China have no duty to reduce their emissions until the United States does so?

This question is designed to bring attention to the fact if the United States or other high-emitting nation has no duty to reduce its ghg emissions to its fair share of safe global emissions until other nations do the same, no nation has a duty to act until the US responds to its obligations, a patently absurd conclusion. 

3. Are you aware that the claim frequently made by opponents of US  and other national action on climate change that if the country acts to reduce its ghg emissions and China or other developing country dose not act it will make no difference because climate change will still happen is not true because ghg emissions from nations exceeding their fair share of safe global emissions are responsible for rising atmospheric concentrations of ghgs?

This question is designed to correct the false claim that as long as a country such as China does not act, any action by a high-emitting nation such as the  United States to reduce its ghg emissions makes no difference. This is factually not true because as long as a developed nation’s ghg emissions are above its fair share of safe global emissions they are contributing to rising atmospheric concentrations of ghgs. 

4. Are you aware that the United States agreed when it ratified the United Nations Framework Convention on Climate Change in 1992 to adopt policies and measures to prevent dangerous anthropogenic interference with the climate system on the basis of equity and common but differentiated responsibilities and that developed nations agreed to take the lead in reducing the threat of climate change?

This question is designed to bring attention to the fact that the United States and other developed nations have promised to take action to reduce their ghg emissions to their fair share of safe global emissions regardless of what other nations do under the UNFCCC.

6. Are you aware that all nations have a duty under customary international law to prevent harm by ensuring that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction?

This question is designed to expose the ethical duty of the United States and other high-emitting nations under international law to prevent its citizens from engaging in activities which cause climate change damages as a matter international law without regard to what other nations do.

7. Are you aware that the United States is much more responsible for elevated atmospheric ghg concentrations than any other country including China because of US historical and per capita emissions?

This question is designed to expose the strong ethical obligation of the United States and many other high-emitting nations to reduce their ghg emissions without regard to what other nations do because they are  more responsible for dangerous elevated atmospheric levels of ghgs than any countries.

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Widener Commonwealth University Law School

dabrown57@gmail.com