Ethical Issues with Relying on Pricing Carbon as a Policy Response to Climate Change.

I. Introduction.

This entry will examine ethical issues raised by relying on putting a price on carbon as a policy response to reduce the threat of climate change.

Establishing a price on carbon emissions as a response to reduce a government’s greenhouse gas (GHG) emissions has received strong support around the world. One observer of global climate change policy developments has concluded:

Not only is there a robust consensus among economists, but they have been remarkably successful in spreading the gospel to the wider world as well. Climate activists, wonks, funders, politicians, progressives, and even conservatives (the few who take climate seriously) all sing from the same hymnal. It has become conventional wisdom that a price on carbon is the sine qua non of serious climate policy. (Roberts, 2016)

This article will identify potential ethical problems with relying on carbon pricing to reduce the enormous threat of climate change despite the widespread popularity of pricing carbon regimes. As we shall see, although a few ethicists have ethical problems with any carbon pricing scheme, many others approve of carbon pricing schemes provided that the regime design adequately deals with certain ethical issues that carbon pricing regimes frequently raise.

Climate pricing regimes vary greatly from the government to government and among different types of carbon pricing regimes. However, there are two basic methods for using a price on carbon to reduce greenhouse (GHG) emissions.

The first is to distribute carbon caps, often referred to as carbon allowances, to GHG emitters usually followed by a tightening of the cap over time to achieve desired GHG  emissions reduction goals.  Those who have more allowances than they need may sell allowances to those who do not have enough.  Thus carbon allowances may be bought and sold, a scheme that is often justified by economists by claiming that this approach leads to GHG reductions at the lowest cost thereby finding an efficient solution to climate change while the amount`of GHG emissions achieved by the scheme may be determined by the total amount of allowances permitted. This method is usually referred to as “cap and trade”

Many cap and trade regimes allow those who need additional allowances to reduce GHG emissions to levels required by the cap to fund GHG emissions reduction projects often anywhere in the world including in places without a cap and get credit for the amount of GHG reductions achieved by the funded project, which credit then can be applied to determine whether the cap has been achieved. Different trading regimes have different rules specifying where and under what conditions emissions credits can be obtained by funding projects in other places.

The other common carbon pricing scheme is for government to charge a price for carbon emissions, a method usually referred to as carbon taxing. The carbon tax works also to lower GHG emissions because it makes technologies which produce less GHG per unit of energy more attractive thereby creating strong incentives for energy users to switch to energy technologies which produce less GHG emissions per unit of energy produced.  A price on carbon also creates incentives for all those responsible for GHG emissions to do what they can to emit less GHGs, including, for instance, reducing their carbon footprints by driving less, walking more, lowering thermostats in the winter, adding insulation to buildings, etc.

For these reasons, putting a price on carbon emissions as a policy response to human-induced climate change has strong global support particularly among economists.

This article will identify ethical issues created by (a) any carbon pricing scheme, (b) cap and trade regimes, and (c) carbon taxing regimes. This analysis will be followed by several conclusions.

II. Ethical Issues Raised By Any Carbon Pricing Scheme.

Although many ethicists who have identified ethical issues raised by policy responses to climate change that rely on putting a price on carbon acknowledge that pricing schemes have shown to be effective in reducing GHG emissions often at lower costs than other regulatory approaches, some ethicists nonetheless oppose carbon pricing schemes because of certain ethical problems with these schemes. Many other ethicists who acknowledge potential ethical problems with carbon pricing schemes believe these problems can be adequately dealt with by appropriate carbon pricing regime design. Yet even if ethical problems raised by carbon pricing regimes can be averted through carbon pricing regime design, policymakers and citizens need to understand these ethical problems so that they can be mitigated in the design of the carbon pricing scheme.

An ethical approach to climate change would limit GHG emissions by law at levels necessary to prevent human-induced climate change harms to people and ecological systems. For instance, many governments have established legal requirements on the percentage of renewable energy required of electricity providers, a policy response that does no rely on pricing carbon. An ethical approach to climate change is based on different justifications for reducing change harms than some economic approaches. As Vanderhelen said:

An ethical approach to climate policy is based on different assumptions than economic-based policy assumptions. The ethical approach says we should act on climate change now, not because the future costs of inaction exceed those of mitigation, but because the failure to do so harms others. It is our ethical duty to avoid this. (Vanderhelen, 2011)

And so an ethical approach to climate change requires those who are responsible for human-induced climate change harms to comply with their duty to not harm others without regard to the economic value of costs and benefits of climate change policy responses. All national governments in the world have duties to take actions that reduce GHG emissions from their jurisdiction to the nation’s fair share of safe global GHG emissions under the Paris Agreement and the United Nations Framework Convention on Climate Change. 
In addition, an ethical approach to climate change also identifies ethical issues raised by carbon pricing schemes including the following:

A.  Assuring the price will achieve GHG reductions at levels entailed by the government’s ethical obligations.

The amount and speed of GHG emissions reductions that government policies should achieve is fundamentally an ethical question that economic reasoning alone cannot determine. As the Intergovernmental Panel on Climate Change concluded in its 5th Assessment Report:

  • How should the burden of mitigating climate change be divided among countries? It raises difficult questions of fairness, and rights, all of which are in the sphere of ethics. (IPCC, 2014, WG III, Ch. 3, pg. 215).
  • The methods of economics are limited in what they can do. They are suited to measuring and aggregating the wellbeing of humans, but not in taking account of justice and rights (IPCC, 2014, AR5, WG III, Ch. 3, pg.224).
  • What ethical considerations can economics cover satisfactorily? Since the methods of economics are concerned with value, they do not take account of justice and rights in general. (IPCC, 2014,.AR5, WG III, Ch. 3, pg. 225).
  • Economics is not well suited to taking into account many other aspects of justice, including compensatory justice (IPCC,2014, AR5, WG III, Ch. 3,pg. 225).
  • [I]t is morally proper to allocate burdens associated with our common global climate challenge according to ethical principles. (IPCC, 2014, AR5, WG III, Ch. 4, pg. 317).

Thus, no carbon pricing scheme alone without consideration of ethical issues can determine what the magnitude and timing of a government’s GHG emissions reduction goals should be because a government’s GHG emissions reduction goals must be based on fairness, justice, and obligations to not harm others or the ecological systems on which life depends without the consent of those who will be harmed. These are essentially ethical matters that economic rationality alone cannot deal with. Proponents of carbon pricing schemes claim that pricing regimes allow those responsible for reducing GHG emissions to achieve reductions at the lowest cost, yet the amount of reductions that a nation is obligated to achieve is essentially an ethical matter.  So the goal of any pricing scheme should be designed to achieve ethically justified national GHG emissions reduction targets.

All nations in the world have agreed under the 2015 Paris Accord that they are duty bound to adopt policies that will enable the international community to limit warming to between 1.5 degrees C and 2.0 degrees C, the warming limit goal, on the basis of equity and common but differentiated responsibilities and respective capabilities in light of national circumstances, the ‘equity’ requirement under the Paris Agreement.(UNFCCC, Paris Agreement, 2015, Art 2.) And so all nations have an ethical duty to determine their GHG emissions reduction goals which at a minimum would limit warming to as close as possible to 1.5 degrees C although no greater than 2.0 degrees C on the basis of what equity requires of it to achieve these warming limits. Equity is understood by philosophers as a synonym for distributive justice.

Although there are differences among ethicists about what equity requires,  “equity” may not be construed to mean anything that a nation claims it to mean, such as national economic self-interest. As IPCC said, despite ambiguity about what equity means:

there is a basic set of shared ethical premises and precedents that apply to the climate problem that can facilitate impartial reasoning that can help put bounds on the plausible interpretations of ‘equity’ in the burden sharing context. Even in the absence of a formal, globally agreed burden sharing framework, such principles are important in establishing expectations of what may be reasonably required of different actors. (IPCC, (IPCC, 2014, AR5, WG III, Ch. 4, pg. 317).

The IPCC went on to say that these equity principles can be understood to comprise four key dimensions: responsibility, capacity, equality and the right to sustainable development. (IPCC, 2014, AR5, WG III, Ch. 4,  pg 317)

As a result, because some pricing regimes will not reduce national GHG  emissions to levels required by their national obligations under the Paris Agreement even those nations that have adopted some kind of carbon pricing regime have had to enact other climate change policies to achieve the nation’s GHG reduction goals. For this reason and because some politicians have conditioned their support for a proposed carbon pricing scheme on acceptance of legal provisions that prohibit policy responses that are in addition to a carbon pricing scheme under consideration by a legislature, policymakers and citizens need to understand that any carbon pricing scheme must assure that a government’s emissions reduction policies will achieve the government’s ethically determined carbon emissions reduction obligations.  Thus they must oppose legislation that prohibits a government from supplementing carbon pricing schemes with other laws to reduce GHG emissions.

Thus the quantity of the price placed on carbon under a taxing scheme or the magnitude of allowances under a cap and trade regime should be established after express determination of the government’s ethically prescribed obligations to reduce GHG emissions to its fair share of adequately safe global emissions.

Every national GHG emissions reduction target is implicitly a position on two profound ethical questions among others. They are:

  • the amount of warming and associated harms the nation is willing to inflict on others including poor vulnerable people and nations, Since all nations have agreed under the Paris Agreement to limit warming to as close as possible to 1.5 degrees C and no greater than 2.0 degrees C, these warming limits should be the default assumptions of governments’ GHG reduction target formulation;
  • the nation’s fair share of total global GHG emissions that may not be exceeded to keep global warming from exceeding the Paris Agreement’s warming limit goals of 1.5 degrees C to 2.0 degrees C

Thus, to make sense of the acceptability of any carbon pricing scheme, government’s should; (a) identify its GHG reduction target, (b) how the target achieves its GHG emissions reduction obligations in regard to warming limits and fairness, (c) the date by which the target will be achieved, and (e) the reduction pathway that will achieve the GHG reduction goal.

The date by which the GHG reductions will be achieved is ethically relevant because any delay in achieving required reductions affects the remaining carbon budget that is available to assure that any warming limit goal is achieved. Carbon budgets that must constrain global GHG emissions to achieve any warming limit goal such as the 1.5 degrees C to  2.0 degrees C warming limit goals under the Paris Agreement continue to shrink until total GHG emissions are reduced to levels that will stabilize atmospheric GHG concentrations at levels that will not cause warming greater than the warming limit goal. Therefore both the magnitude of the government’s GHG emissions reduction goals and the time it takes to achieve the goal are relevant factors in regard to whether any government will achieve GHG reductions that represent its fair share of safe global emissions. In fact the reduction pathway by which the reduction goal will be achieved is also relevant to whether a government will reduce its GHG emissions to levels required of it by its obligations because pathways which produce rapid reductions early in any period will consume less of a shrinking carbon budget than pathways that achieve most of the reductions at later times in the relevant period.  This fact is depicted in this chart.

This chart demonstrates that different GHG reduction pathways may consume different amounts of any relevant carbon budget even if the percent amount of reductions, in this case, 100% reduction by 2050, is the same for the different pathways. The amount of the budget consumed by the two pathways is represented by the areas underneath the curves.

B. Intrinsic Ethical Problems With Any Carbon Pricing Scheme.

A few ethicists argue that relying on putting a price on carbon to achieve a government’s obligations is ethically problematic without regard to the details of the pricing scheme.

Ethicist Michael Sandel, for instance, in a 1967 OpEd in the New York Times entitled It’s Immoral to Buy the Right to Pollute identified the following ethical problems with pricing carbon after acknowledging that trading GHG emissions allowances could make compliance for the United States cheaper and less painful. (Sandel, 1967)

Turning pollution into a commodity to be bought and sold removes the moral stigma that is properly associated with it. If a company is fined by a government for spewing excessive pollutants into the air, the government conveys its judgment that the polluter has done something wrong. A fee, on the other hand, makes pollution just another cost of doing business, like wages, benefits, and rent. (Sandel, 1967)

The distinction between a fine and a fee for despoiling the environment is not one we should give up too easily. Suppose there was a $100 fine for throwing a beer can into the Grand Canyon, and a wealthy hiker decided to pay $100 for the convenience. Would there be nothing wrong with his treating the fine as if it were simply an expensive dumping charge?

Or consider the fine for parking in a place reserved for the disabled. If a busy contractor needs to park near his building site and is willing to pay the fine, is there nothing wrong with his treating that space as an expensive parking lot?

In effacing the distinction between a fine and a fee, emission trading is like a recent proposal to open carpool lanes on Los Angeles freeways to drivers without passengers who are willing to pay a fee. Such drivers are now fined for slipping into carpool lanes; under the market proposal, they would enjoy a quicker commute without opprobrium. (Sandel, 1967)

Some human behavior is so morally reprehensible that charging a price for the behavior to create a disincentive is widely seen as morally unacceptable. For instance, most societies would agree that a strategy to reduce child prostitution that relies on increasing the price of child prostitution or taxing a sexual transaction in which children are involved is morally unacceptable. Because some countries’ GHG emissions are far greater than any reasonable determination of their fair share of safe global emissions and these GHG emissions are already contributing to the killing or harming millions of people around the world while threatening tens of millions of others, allowing GHG emitters to continue to emit GHGs at unsafe levels if they are willing to pay the price required by a government rather then establishing a legally determined maximum emissions rate consistent with the emitter’s morally determined emissions limits can be argued to be as morally unacceptable as dealing with child prostitution by imposing a tax. Even though a tax might achieve the same amount of reductions as a legal limit implemented by an enforceable cap on GHG emissions amounts, applying a tax implicitly signals that it is morally permissible to continue emitting GHGs at current levels as long as the carbon tax is paid. Thus, the tax can diminish the moral stigma entailed by status quo levels of emissions.

Putting a price on carbon as a policy response to climate change is often justified by economists as a way to make sure that market transactions consider the value of harms caused by climate change that are unpriced in market transactions.  For instance, because the price of coal does not consider the value of the harms caused by the burning of coal that will be experienced by some people who are not participants in the sale of the coal, putting a price on carbon equivalent to the value of the harms caused by the burning of coal is a way of assuring that the value of the harms caused by the coal are considered in the market transaction. This addition to the price is referred to as a Pigovian tax or a tax on any market transaction that generates negative externalities, so that the value of the negative externalities is included in the market price.  Most economists recommend that the amount of the tax be based on the social cost of the negative externalities where the social costs are measured in dollars or other monetary units determined by the amount people would be willing to pay to prevent the harm. Once the cost the harms is determined and included in a tax, the market will be able to operate efficiently.

Economists thus justify a tax set in this way because it enables the market to maximize preferences. But ethics is interested not in maximizing preferences people have but in assuring that people’s preferences are those that people should have morally.  For ethicists, it is wrong to harm people without their consent, even if those causing the harm could pay victims money calculated by the market value of the harm. That is, according to most ethicists it is morally wrong to harm people or the ecological systems on which life depends even if those causing the harm are willing to compensate those harmed. Some ethicists therefore argue, putting a price on carbon as a policy response to climate change does not pass ethical scrutiny unless the price prevents all non-trivial harms to life, health, and ecological property that people have not consented to. Given that some human rights have already been demonstrated to be violated by climate change (UNHR, 2018), any price on carbon that allows human rights violations to continue does not pass ethical scrutiny.

And so putting a price on carbon does not pass ethical scrutiny as long as the price does not prevent the harms that people have right to object to without their consent.

Although the money from the carbon tax could be used to compensate people for harms caused by climate change, this potential use of the tax revenues does not ethically justify continuing the behavior which causes serious harms to others without the consent of those who are harmed. In addition, because those being harmed by GHG emissions are people all around the world, if the revenue from a tax is to be used to compensate those who will be harmed by the GHG emission, the revenues from a tax would have to be distributed worldwide.  At this time there is no such global revenue stream from national carbon pricing schemes.

Many citizens and institutions around the world including many colleges and universities have significantly reduced their carbon footprint because they believed they had a moral obligation to do so as long as their GHG emissions could contribute to harming people, animals, ecological systems on which life depends, or things of great value to people.  A sense of moral obligation, without doubt, motivates, at least some people and institutions, to do the right thing. Yet pricing carbon as a response to climate change does not create a legal prohibition to reduce GHG emissions but only an economic incentive to do so.  A government could always legally prohibit activities that create GHG emissions that create harms, an approach to changing behavior that was the dominant strategy in environmental law for many decades. Economists, however, have often objected to these “command and control’  approaches because they claim that market-based mechanisms can achieve needed reductions in a more efficient economic way, that is, at a price that includes consideration of the value of the harms created.

At least in the United States, many of the proponents of carbon pricing are failing to educate civil society about the moral obligations of all nations and people to reduce GHG emissions to their fair share of safe global emissions, a concern particularly in light of the very limited time left to limit warming to non-catastrophic levels. These proponents often passionately advocate for the adoption of a carbon pricing scheme because they are accurately convinced that a price on carbon will reduce GHG emissions, yet ignore discussing the non-discretionary moral duty to reduce GHG emissions thus inadvertently leaving the impression that provided that those who are willing to pay a price placed on carbon they have no moral obligation to cease activities which are responsible for carbon emissions. 

Economists often justify their market-based solutions as a method for maximizing the enjoyment of human preferences.  They thus calculate the value of harms avoided by climate policies by determining a market value of the harm and if there is no market value they often determine the value of the harms by determining what people are willing to pay to prevent the harm. This allows the economists to compare the cost of reducing GHG emissions against the value of harms prevented through pricing and in so doing allows a policymaker to select a policy option which maximizes human preferences. Yet, as we have seen ethics is concerned not solely with efficiently achieving the preferences people have but with establishing what preferences people should have in light of their moral obligations.

Under an ethical approach to climate change based on an injunction against harming others, because any additional GHG are raising GHG atmospheric levels which are already increasing harms people are suffering from droughts, floods, intense storms, tropical storms, and heat waves among other causes of  climate-induced harms, an ethical argument can be made that any carbon pricing scheme should seek to achieve the lowest feasible GHG emissions levels as quickly as possible. Ethics refuses to define what is ‘feasible’ in terms of the balance of costs and benefits. Ethics requires that harm to innocent victims must be avoided, even when the cost of reducing pollution exceeds the monetary value of harms to life and ecological systems on which life depends. Not all economists, of course, argue that government policies should be based on cost-benefit analysis but many do.

An ethical approach to climate change also requires that polluters should pay for the harms and damages they create as well as the costs to them of reducing the pollution.  Many carbon pricing schemes ignore the duty of GHG emitters to compensate those who have been harmed by their GHG emissions and base the amount of the tax on the amount of money needed to reduce GHG emissions while ignoring any obligations to compensate those who have been harmed by their emissions. This problem could be remedied by basing any price on the amount of money needed to compensate those who have experienced loses and damages or by providing separate funds to compensate those who are harmed by climate change but most carbon pricing schemes fail to take these matters into consideration.

Ethicists also acknowledge that climate-related harms are more likely to affect the poor, not just those who are now being asked to contribute toward its mitigation. For this reason, many ethicists prefer laws that prohibit certain immoral behaviors over laws that allow people to continue their immoral behavior if they are willing to pay higher prices entailed by the value of the harms caused by their behavior.

Economists often support pricing schemes if the pricing leads to the market incentivizing the use of alternative technologies that don’t create the harms of concern. In such cases, the morality of the pricing scheme likely depends on whether the technical transformation created by the pricing scheme will take place soon enough to prevent the harms of concern.

However, even in these cases, many ethicists believe that human activities that create morally unacceptable levels of GHG emissions should be responded to as moral obligations and only support pricing schemes so long as the scheme will enable reducing GHG emissions to morally acceptable levels as rapidly as possible. However, even so, some ethicists warn against erasing the moral stigma entailed by morally unacceptable levels of GHG emissions that could occur by allowing some to continue to exceed their moral obligations if they are willing to pay to do so.

Pope Francis in Laudato Si, the papal encyclical released in July 2015, questions whether market capitalism can effectively protect the poor, and in one passage specifically criticized “the strategy of buying and selling ‘carbon credits.’ More specifically Laudato Si argues that:

The strategy of buying and selling ‘carbon credits’ can lead to a new form of speculation which would not help reduce the emission of polluting gases worldwide. This system seems to provide a quick and easy solution under the guise of a certain commitment to the environment, but in no way does it allow for the radical change which present circumstances require. Rather, it may simply become a ploy which permits maintaining the excessive consumption of some countries and sectors. (Laudato Si 171).

The Pope’s objection appears to be based in part on the fact that a carbon pricing scheme will allow those who can afford to continue emitting GHGs after paying the pricing fee to do so while those that are unable to afford to pay the fee will need to reduce the activities that create GHG emissions. Yet this problem can be somewhat ameliorated by carbon pricing regime design decisions on how revenues are distributed or how allowances to emit are allocated.  However, these decisions raise questions of distributive justice, that is questions about how burdens or benefits of public policy should be allocated to comply with what fairness requires. For this reason, carbon pricing schemes often raise serious questions of distributive justice.

In addition if revenues from pricing schemes are to be used to help compensate those who are most harmed by climate change, given that those who are most harmed are often very poor people in poor nations that usually have done little to cause climate change, the revenues would need to transferred to poor nations and people around the world. Yet no national carbon pricing schemes have yet proposed such international financial transfers.

III. Ethical Issues Raised by Cap and Trade GHG Emissions Reduction Schemes

This paper next examines the following ethical issues raised by cap and trade regimes that are additional to those discussed in Section II.

A very detailed examination of some ethical issues raised by cap and trade regimes by Simone Carey and Cameron Hepburn is entitled Carbon Trading: Unethical, Unjust, and Ineffective? The Carey/Hepburn paper discusses in detail the following ethical issues raised by cap and trade regimes that are in addition to those discussed above. The following is a summary of issues discussed by the Carey/Hepburn paper.

A. Rights to use nature cannot be owned

Because GHG emitters that receive allowances or buy allowances from those that have excess allowances could under some trading mechanisms hold or bank these allowances, holders of allowances could be understood under some trading schemes to have a right pollute the atmosphere at levels entailed by the allowances they hold. However, most ethicists believe that no one should have a property right to pollute the atmosphere.  Because in absence of a rule that would prevent the owner of allowances to bank the allowances for use far into the future, the owners of the allowances could accumulate the right to pollute far into the future. As a result, some ethicists have argued that allowances should be limited to a specific time period and be understood to be revocable if the science changes and concludes that greater reductions are necessary then those that were understood to be necessary to prevent harm when the allowances were distributed.

B  Responsibilities to abate harms cannot be transferred to others

Some ethicists believe that some human responsibilities should not be allowed to be transferred to others. For instance, it is generally believed to be ethically unacceptable for those who are potentially subject to being drafted into the military to be able to buy their way out of this obligation by paying someone else to agree to take one’s place if he or she is drafted. For this reason, some ethicists claim that is ethically problematic for high GHG emitters to get a credit for reductions made by others while not requiring more of the high emitters to reduce their emissions.

C. Distributive justice issues with how allowances and revenues are allocated

Because those with the money to do so can buy scarce allowances, participants in a cap and trade regime can wind up with vastly unequal levels of allowances creating significant differences among participants in rights to emit GHGs. In addition, because rules determining who can get allowances and what is done with the money generated from allowance trading can create great imbalances, rules for allocating allowances and revenues from sales of allowances should be consistent with what distributive justice requires to assure fair burden and benefit sharing. Distributive justice requires that people should be treated equally unless there are morally relevant reasons for treating people differently. There is no reason in principle for allowance and revenue allocations to lead to a more unequal distribution of wealth. It will depend on how the cap and trade scheme is designed.

These issues are discussed in more detail by the Carey/Hepburn paper.

D. Ethical issues created by the fact that some cap and trade regimes allow high emitters of GHGs to count emissions reductions made by projects of others funded by the emitters in achieving the high emitters’ GHG reduction obligations.  

Some cap and trade regimes allow those with GHG emissions reduction obligations to count the reduction of GHG emissions made by others’ projects funded by the emitter as a credit in achieving the emitter’s cap obligations. Economists justify this feature of cap and trade because it allows emitters to achieve GHG reductions at a lower price, However, not all GHG reduction strategies will reduce GHG emissions with equal probabilities that GHG reductions made by the emitter would actually have achieved. For instance, an electricity supplier can commit to reducing its emissions to amounts that will be achieved with high levels of confidence by installing non-fossil energy but if the electricity supplier relies on funding a forestation project in a third world country to obtain a credit for its emissions reductions. the actual reductions to be achieved by the funded project are much more speculative because of problems in assuring that any forest project will keep GHG reductions achieved by photosynthesis of the forest out of the atmosphere forever. Thus funding a project to achieve GHG emissions credits raises issues about the reliability of achieving specific GHG emission reduction amounts that are more reliable if the person responsible for GHG emissions must assure that GHG emissions will actually be achieved.

Thus cap and trade regimes often also raise the following ethical problems which were discussed in more detail in a prior entry on this website. (Brown, Ethical Issues Raised By Carbon Trading, 2010).:

a. Permanence. Many proposed projects for carbon trading raise serious questions about whether the carbon reduced by a project will stay out of the atmosphere forever. Yet permanent storage of carbon is needed to assure equivalence between emissions reductions avoided if no credits were issued and atmospheric carbon reductions attributable to a project which creates carbon credits. This is so because emissions reductions should guarantee that some quantity of GHG will not wind up in the atmosphere, yet some projects which are used to substitute for emissions reductions at a source have difficulty in demonstrating that the quantities of carbon reductions projected will actually be achieved. For instance, carbon stored in forests, soils, or geological carbon sequestration projects could be released to the atmosphere under the certain conditions. For example, rapid temperature change could kill trees thus releasing back into the atmosphere carbon stored in the trees. This problem is usually referred to as the problem of “permanence” of carbon reduction projects. For this reason, only projects that assure permanent reduction of carbon in the atmosphere can be categorized as environmentally effective projects and should be used to offset activities which actually release carbon.

b. Leakage. Many proposed projects for carbon trading raise serious questions about whether carbon reduced by a project at one location will result in actual reductions in emissions because the activity which is the subject of the trade could be resumed at another location. For example, paying people to plant trees in location A is not environmentally effective if these same people that receive the money chop down trees at place B. This is the problem usually referred to as “leakage.” Forest and other kinds of bio-sequestration projects that sequester carbon in particular often create leakage challenges. Industrial projects can also create leakage problems if the industry gets credit for reducing carbon at one industrial plant while moving the carbon producing activities to another place. If leakage occurs, then the trade is not environmentally effective.

c.  Additionality. Getting a credit for a project which is used in a trade will also not be environmentally effective if the project would have happened anyway for other reasons. This is so because trading regimes usually assume that a GHG emitter should get credit because of their willingness to invest in projects that reduce carbon emissions that would not happen without the incentive to get credit for carbon reductions. If the project would happen without the investment of the emitter, then the investment in the project is not “additional” to business as usual. This is the problem usually referred to as the “additionality” problem.

d.  Enforcement of trading regimeA trading regime is environmentally ineffective if its conditions cannot be enforced. Although enforcement of trading regimes is sometimes practical when the project on which the trade is based is within the jurisdiction of the government issuing the allowances, enforcement is particularly challenging when the project is located outside of allowance issuing government. In such cases, enforcement must be “out-sourced” to other institutions or governments In addition, while many hundreds of millions of dollars are being invested in setting up emissions trading schemes all over the world, virtually no resources are being channeled into their enforcement or verification. Although most cap and trade regimes have built-in carbon reduction verification steps, verification remains extremely difficult for many types of carbon reduction projects for which credits are being issued because of the lack of enforcement or long-term verification potential. This enforcement challenge is exacerbated when projects for which credits are issued are in poor countries without the technical capability to enforce or verify that reductions have been made. Because of this, a strong case can be made that those who desire to rely on projects that have dubious enforcement and verification potential should have the burden of demonstrating enforcement and verification potential before they may obtain credits generated from these projects.

 e. Distributive justice and internal allocation of a government-wide cap. How a cap is allocated among entities within a government creates many potential distributive justice problems. Governments sometimes distribute a cap they have by giving away allowances, auctioning allowances, and other ad hoc considerations that often take into account political feasibility. Each of these methods of distributing a cap raises distributive justice issues that are often ignored for political reasons. For instance, both auctioning allowances and giving away allowances could be significantly regressive, making higher-income households better off while making lower-income households worse off. Auctioning could also be regressive if the most wealthy get the most permits forcing those without the financial resources into non-polluting options. Sometimes governments choose to allocate the cap by placing caps on “upstream” carbon users such as coal and petroleum companies and ignoring “downstream” carbon emitters such as coal-fired industrial users. A decision to place a cap upstream makes the climate change regime easier to administer but could have regressive effects on those least able to afford increased fuel costs. An upstream cap also can create little incentives for those who can afford to waste energy to change behavior. In contrast, downstream caps puts the responsibility on energy users. There is no ethically neutral way to decide these design questions.

f. Distributive justice and revenue from allowancesWhen allowances are auctioned or otherwise purchased, governments must make decisions about how to use allowance revenues. These decisions raise a host of distributive justice issues that are often ignored for political reasons. Some governments have chosen, for instance, to use allowance revenues to fund climate change technology research, to meet international obligations to fund climate change adaptation projects in developing countries, to fund programs to reduce deforestation projects in developing countries, to buy off politically powerful opponents to climate change legislation, to help those least able to cope with rising energy costs, or to subsidize nuclear power, geologic carbon sequestration, or renewable energy.  Thus, decisions about how to allocate revenues from distributing allowances raise distributive justice issue

IV. Ethical Issues With Carbon Taxes.

In addition to the ethical issues that apply to all carbon pricing regimes identified in section II of this entry, carbon taxing regimes can raise the following additional ethical issues.

a. Distributive Justice and a Carbon Tax.  Carbon taxing regimes must decide who must pay the tax and just as is the case for cap and trade regimes in the allocation of allowances, taxing schemes may choose to apply the tax either to upstream producers of carbon fuels such as petroleum or coal companies that distribute fossil fuels or further downstream to entities such as electricity generators who consume the fossil fuels. Upstream taxation creates fewer taxable entities who have a huge tax burden. Therefore the decision on who to tax creates different winners and losers, an outcome which has political significance particularly in places where fossil energy is mostly produced. If the tax is based on the amount of CO2 per unit of energy, then some fossil fuel industries such as coal production will pay a much higher tax per unit of energy, a fact which most greatly affects those places and communities that produce fuels with higher CO2 emissions levels per unit of energy.  This fact creates heavy burdens from the tax for those who are dependent on the sale of fuel with higher CO2 production levels. And so a decision about who must pay a tax has distributive justice implications.

How the tax revenues are used by the government also has enormous political and distributive justice implications. Policymakers are faced with many competing ways of using tax revenues generated by putting a price on carbon.  Many parts of the world that have established a carbon tax use it primarily to subsidize technologies that produce lower amounts of GHG per unit of energy such as wind and solar power. Other governments use the revenues to ease the burden on those who are most affected by the tax, including poor people. Thus how the revenues of a carbon tax are distributed raises deep questions of distributive justice which also create issues of political feasibility.

b. Amount of the tax. 

As we have seen all carbon pricing schemes raise ethical issues about whether the price is sufficient to achieve GHG emissions reductions consistent with the government’s ethically determined obligations to reduce GHG emissions. A pricing  regime that is based on taxing carbon emissions raises more challenging questions about whether the tax is ethically stringent enough than cap and trade regimes because governments are able more easily assure that the cap is stringent enough than a regime based on taxing carbon because the size of the cap may be set directly on the magnitude of GHG reductions required for the government to achieve its ethically determined GHG emissions reductions obligations while the sufficiency of a tax must rely on economic modelling to determine the magnitude of reductions that will be achieved by different levels of the tax. Determining the amount GHG reductions that will be achieved by different levels of the tax is always somewhat of a guessing game due to the inherent imprecision of economic modeling to predict how entities and people will respond to different price signals. For this reason, taxing schemes that seek to assure that the government will reduce GHG emissions reductions levels congruent with the government’s ethically determined reduction obligations should include accelerator provisions that would increase the amount of the tax once it is determined that actual GHG reductions are not consistent with reductions pathways required to achieve ethically determined reductions obligations. However, because experience with carbon taxing programs around the world has demonstrated that political backlash will likely arise that undermines government support for continuing a carbon tax that is judged to be too high, governments which seriously seek to reduce their GHG emissions through imposing a tax alone may need to consider back up strategies rather than rapidly accelerating taxes if the original tax does not achieve the GHG reductions required of it by its ethical obligations.

c. Considering responsibility for prior emissions, an issue relevant to distributive  justice. 

Distributive justice supports an allocation of burden sharing obligations on the basis of who is most responsible for causing the current problem. Carbon tax regimes are usually forward-looking; in that most schemes make everyone pay the same price for using the atmosphere’s capacity to absorb CO2.    Thus the scheme ignores responsibility determined by looking backward at questions such as:

  • Who caused the problem?
  • Who benefited from past emissions?
  • Who is in the best position to fix the problem?

To deal with these questions, a carbon tax may need to be supplemented by additional policies, for example by tax credits for poor people or sharing of tax revenues with those who must pay the tax but who have done little to cause the current problem so that the tax scheme can consider the distributive justice implications of looking backward at who is most responsible for the current problem

V. Conclusions.

As we have seen carbon pricing schemes designed to reduce GHG emissions raise a host of ethical issues and problems.

Although many of these ethical problems can be dealt with by the pricing carbon regime design, given the enormous threat to life and ecological systems created by human-induced climate change, perhaps the most important ethical issue raised by carbon pricing regime is whether the carbon pricing regime will be successful in reducing a government’s GHG emissions to its fair share of safe global emissions.

Because there is limited political support for enacting carbon pricing schemes with sufficient pricing levels to achieve the enormous reductions in GHG emissions now necessary to prevent very dangerous climate change, carbon pricing schemes will likely require policy responses in addition to carbon pricing alone.

Because of the need to judge whether any carbon pricing scheme will achieve a government’s ethically determined GHG emissions reduction obligations, all proposed carbon pricing schemes should be clear and transparent on how the pricing scheme will achieve the government’s ethically determined GHG reduction goals. A pricing scheme could contribute to achieving a nation’s GHG reduction obligations either by establishing a price that will sufficiently reduce a government’s GHG emissions to achieve the nation’s GHG reduction obligations by itself or in combination with other GHG reduction policies. However, to judge the adequacy of the pricing scheme, governments should explain the role of any carbon pricing scheme in achieving its ethically determined GHG reduction obligations.

References: 

Brown, D. (2010, Ethical Issues Raised By Carbon Trading; https://ethicsandclimate.org/2010/06/15/ethical_issues_raised_by_carbon_cap_and_trade_regimes/

Carey, S.& C.Hepburn, (2011) Carbon trading: unethical, unjust and ineffective? http://www.lse.ac.uk/GranthamInstitute/wp-content/uploads/2011/06/WP49_carbon-trading-caney-hepburn.pdf

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

Intergovernmental Panel on Climate Change (IPCC), 2014, Working Group III, Mitigation of Climate Change, http://www.ipcc.ch/report/ar5/wg3/

Pope Francis, (2015), Laudato Si http://w2.vatican.va/content/francesco/en/encyclicals/documents/papa-francesco_20150524_enciclica-laudato-si.html

Roberts, D. (2016) Putting a price on carbon is a fine idea. It’s not the end-all be-all, Vox, https://www.vox.com/2016/4/22/11446232/price-on-carbon-fine.

Sandel, M. (1967) It’s Immoral to Buy the Right to Pollute, http//www.nytimes.com/1997/12/15/opinion/it-s-immoral-to-buy-the-right-to-pollute.html

UNFCCC, Paris Agreement2 (2015), https://unfccc.int/resource/docs/2015/cop21/eng/l09r01.pdf

UNHR, UN High Commissioner on Human Rights, (2018) Climate Change is a Human Rights Issue, http://www.ohchr.org/EN/NewsEvents/Pages/ClimateChangeHumanRightsIssue.aspx

By:

Donald A. Brown

Scholar in Residence, Professor

Widener University Commonwealth Law School

dabrown57@gmail.com

 

COMMENTS

The following comments on this entry were made by Eric Haites, an economic consultant for Margaree Consultants Inc, in Toronto

 

Ethical Issues Entailed by Pricing Carbon as a Policy Response to Climate Change confuses benefit-cost analysis with carbon pricing and criticizes carbon pricing on grounds that also apply to non-price policies.

Carbon pricing policies – cap and trade systems (CTSs) and carbon taxes – are regulatory measures to limit greenhouse gas emissions (GHGs) by specified sources within a jurisdiction. They may be implemented in conjunction with or as substitutes for non-price regulations such as subsidies for non-carbon energy, minimum gasoline efficiency standards for vehicles, funding for affordable public transportation, requirements/incentives to increase the supply of renewable energy and energy efficiency standards for buildings.

Benefit-cost analysis of climate change compares the estimated costs of different levels of global emissions reductions with the estimated value of reduced global climate change damages associated with those emission reductions. Benefit-cost analysis of climate change is extremely complex conceptually and in practice. Since the analysis must span a century or more due to the long atmospheric lives of greenhouse gases, the calculations are very sensitive to the discount rate and have large uncertainty ranges.

A CTS or carbon tax can be implemented by a jurisdiction to help achieve its GHG reduction goal regardless of how that goal is established. A country that has a nationally determined contribution under the Paris Agreement can use carbon pricing and/or non-price policies to meet its commitment.

It is true that many economics textbooks suggest that the carbon tax be set at the level determined by benefit-cost analysis, but that is not necessary and is based on the implicit assumption that an emissions reduction goal has not been established by other means, such as international negotiations.

Many of the criticisms of carbon pricing policies do not specify an alternative policy. If emissions are to be reduced, the alternative is a set of non-price regulations including efficiency standards and increased reliance on renewable energy. In practice, neither carbon pricing nor non-price regulations cover all GHG emissions, so there are regulated emissions and exempt emissions under every policy.

Consider then the claim that it is immoral to buy the right to pollute. Before a regulation is implemented, the right to pollute in unlimited quantities is free. Regulations impose costs and/or quantity limits on the right to pollute. In the case of a carbon tax, there is a cost for each ton of GHGs emitted by specified sources. In the case of a CTS, total emissions by specified sources are capped. In the case of non-price regulations there is a compliance cost, but any remaining emissions are free and unrestricted. The cost of an efficient automobile is higher, but its emissions are not priced or restricted.

One of the arguments by Simone Carey and Cameron Hepburn cited by the paper is that the rights to nature can not be owned. Many CTSs explicitly state that the allowances are not property rights. Almost all of the CTSs have cancelled or greatly devalued surplus allowances.

In the paper, the discussion of the distinction between a fine and a fee is misleading for a CTS. Every CTS has penalties for non-compliance, so the correct comparison is the fine for a CTS and that for a non-price policy. The non-compliance penalty for most CTSs is a reduction in emissions equal to the exceedance plus a penalty. To use the analogy in the paper, a CTS requires the offender to pick up the beer can and pay a penalty. In contrast, a non-price regulation only imposes a fine.

The paper raises the concern that “the tax can diminish the moral stigma entailed by status quo levels of emissions.” Why would the moral stigma associated with residual emissions differ? Are the residual emissions by a source subject to a carbon tax morally less acceptable than those by the owner of a more efficient automobile. Sources subject to carbon pricing policies have a financial incentive to make emission reductions that cost less than the tax/allowance price. Sources subject to non-price policies have no incentive to reduce their emissions.[1]

Issues of distributive justice arise for all regulations; which sources are regulated, how stringent is the regulation, how should groups that are adversely affected by compensated? The paper clearly identifies these issues for CTSs and carbon taxes. But they apply equally to non-price regulations. Who pays for the more efficient vehicles and buildings, the public transit and the additional renewable energy? Those costs will be borne by specific groups or the government. Carbon pricing policies have the advantage that they generate revenue that can be used to help address distributive justice.

The paper argues that past emissions should be considered when addressing distributive justice. Presumably, this consideration applies to any policy, not just carbon pricing. In practice the ability to do this is limited due to lack of data and the long atmospheric lives of GHGs. Non-price regulations often differentiate between existing and new sources and CTSs address this concern through their allowance allocations.

In summary, carbon pricing can be implemented by a government to help meet its GHG emissions reduction target regardless of how that target is established. A CTS or carbon tax can be implemented alone, jointly or in combination with non-price policies. In practice all jurisdictions with a pricing policy also implement non-price policies. Many of the ethical criticisms of pricing policies apply to non-price policies as well. Price policies have the advantage of raising revenue that can be used to address distributive justice.

[1] Indeed, they may have a financial incentive to increase emissions. A more efficient vehicle may have a lower operating cost per km so the owner may drive more.

Resonse to comments

I agree that levels of GHG reductions achieved by a pricing scheme need not be determined by Cost-Benefit Analysis although some economists recommend this. In such cases the ethical issues discussed in this paper apply

Mr, Haite is correct that the articles criticism of carbon pricing schemes may also apply to other responses to climate change, However, if the level of reductions that constitute a nation’s GHG reduction target are based on a nation;s ethical obligations, then the problem entailed by some carbon pricing scheme’s allowing emitters to continue emit as long as they pay  a tax is not possible.

 

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Why Overcoming Instrumental Rationality In Climate Change Policy Controversies Is a First Order Problem Preventing Ethical Principles From Getting Traction to Guide Climate Change Policy Formation

 

I. The Failure of Ethical Principles to Get Traction in Climate Change Policy Formation.

This entry will explain why a type of rationality, referred to as instrumental rationality, both dominates policy formation on climate change around the world and is responsible for the failure of ethical principles to guide government responses to climate change.

As we have explained frequently on Ethicsandclimate.org, climate change is a problem with features that particularly require that it be seen and responded to as an ethical problem even more than other environmental problems. These features include that: 

  • First, it is a problem that is being caused by some people in one part of the world who are putting others in other places who have often done little to cause the problem at great risk. 
  • Second, the harms to those at most risk are not mere inconveniences but potentially catastrophic harms to life and natural resources on which life depends.  In fact, unless humans adequately respond to climate change’s growing threats, most of life on Earth is threatened.
  • Finally climate change is a problem about which many of its greatest victims can do little to protect themselves by petitioning their governments for protection. The victims’ best hope is that the those high-emitting nations and people causing the problem will see that they have duties to climate change victims to avoid harming them.

The ethical dimensions of climate change are important to understand because unless those nations and individuals that are emitting high levels of greenhouse gases (GHGs) reduce their emissions in accordance with their ethical obligations, climate change will  eventually cause great harm to all but particularly to those who are most vulnerable to climate change impacts and who usually have done little to cause the great harm. 

There are many ethical principles that should, without controversy, guide national responses to climate change. These include, for instance:

  • Governments around the world have agreed under the 1992 United Nations Framework Convention on Climate Change (UNFCCC, 1992) and agreements by parties under this treaty since then, including the Paris Agreement (Paris Agreement 2015), to adopt national climate change policies on the basis of several ethical principles including the duty to establish national policies in accordance with equity and common but differentiated responsibilities (UNFCCC, 1992, Art 3.1), to apply the precautionary principle that prohibits nations from using scientific uncertainty as an excuse for not taking action to prevent dangerous anthropocentric interference with the climate system (UNFCCC, 1992, Art 3.3), and the principle that developed countries have the obligation to take the lead on reducing the threat of climate change (UNFCCC,1992, Art 3.1), and to enact policies that limit warming to between 1.5 to 2.0 degrees C (United Nations, 2015 Art 2)
  • In addition there are numerous other non-controversial ethical norms that are understood to apply to nations as a matter of international law to global environmental problems such as climate change including the “no harm principle” which obligates nations to prevent people or entities within their jurisdiction from harming people and nations outside their borders (UNFCCC,1992, Preamble), and the “polluter pays principle” which requires those nations causing harm from pollution to pay for the damages they cause (Rio Declaration, 1992, Principle 16).

Yet most nations are completely ignoring these ethical obligations when they formulate policy responses to climate change (National Climate Justice. Lessons Learned).

A research project led by Widener University Commonwealth Law School and the University of Auckland found that despite express national promises under the Paris Agreement to base national climate commitments known as Nationally Determined Contributions (NDCs) to reduce the threat of climate change to prevent warming as close as possible to 1.5°C but no more than 2°C, on the basis of equity and common but differentiated responsibilities, all 24 nations studied actually set their NDCs on economic self-interest. Yet this conclusion was not determinable from the documents that nations submitted to the UNFCCC Secretariat when the nations submitted their NDCs (National Climate Justice, Lessons Learned). The study also found that environmental NGOs in the country that supported national action on climate change did not seem to understand how to critique the failure of the nation to set its NDC on the basis of the nation’s ethical obligations including ethical obligations that the nation expressly agreed to.

Every national commitment to reduce greenhouse gas (GOHG) emissions, or NDC, is implicitly a position on two profound ethical questions among others. They are:

  • the amount of warming and associated harms the nation is willing to inflict on poor vulnerable people and nations, and
  • the nation’s fair share of global GHG emissions that may not be exceeded to keep global warming from exceeding a warming limit goal.

Yet nations around the world are setting their NDCs on economic self-interest and ignoring their ethical responsibilities on these issues.

Although reasonable people may disagree on what equity requires of nations to reduce their GHG emissions, national economic self-interest as a justification for their GHG reduction targets does not pass minimum ethical scrutiny. In this regard the Intergovernmental Panel on Climate Change (IPCC) said its fifth assessment report that despite ambiguity about what equity means:

There is a basic set of shared ethical premises and precedents that apply to the climate problem that can facilitate impartial reasoning that can help put bounds on the plausible interpretations of ‘equity’ in the burden sharing context. Even in the absence of a formal, globally agreed burden sharing framework, such principles are important in expectations of what may be reasonably required of different actors. (IPCC, 2014).

The IPCC went on to say that these equity principles can be understood to comprise four key dimensions: responsibility, capacity, equality and the right to sustainable development (IPCC, 2014).

And so ethical principles are failing to guide national climate change policy formation despite the uncontroversial applicability of several ethical principles that should guide national climate change policies.

The failure of ethical principles to get traction in guiding policy is a much broader problem than in regard to climate change policy formation alone.  Despite the emergence of the academic sub-discipline of environmental ethics in the late 1970s, ethical principles are failing to influence environmental policy-making for most environmental problems.

The claim that ethical principles are rarely guiding environmental policy formation is strongly supported by the comments of the founder of the journal Environmental Ethics, Eugene Hargrove, who in 2003 published an essay “What’s Wrong ? Who’s to Blame? (Hargrove, 2003). This essay invited reflection on why environmental ethics has not had an influence on environmental policy.  Just three years later, Robert Frodeman, in the  same journal in an article entitled “The Policy Turn in Environmental Ethics” also reflected on the huge failure of environmental ethics to achieve traction in environmental policy formation (Frodeman, 2006).

Since its inception in the late 1970s, academic environmental ethics has been mostly focused on theoretical issues while completely failing to help policy makers understand what is ethically wrong with specific arguments made by opponents of environmental policies who almost always use arguments derived from instrumental rationality which hide dubious unstated norms that are the justification for the arguments and which would often fail minimum ethical scrutiny if the norms were made express and critically reflected on.

One of the reasons why ethical principles have failed to affect environmental policymaking is the failure of the academic discipline of environmental ethics to pay attention to actual controversies that arise in environmental policymaking debates. Academic environmental ethics since its inception in the late 1970s has been almost exclusively focused on theoretical issues, such as how to ground a biocentric or ecocentric ethics, while completely failing to help policymakers understand what is ethically wrong with specific arguments made by opponents of environmental policies who almost always rely on arguments derived from instrumental rationality which hide or ignore dubious unstated norms on which the arguments are based. 

II. The Problem of Instrumental Rationality

This article now explains why a first order task that needs to be addressed before ethical principles can play their appropriate role in shaping environmental public policy is to open policymaking arguments on environmental issues including climate change to express ethical reflection. This is a first order task because throughout the world those responsible for environmental policymaking are following instrumental reason, a mode of reason which hides or ignores ethical questions, to determine the acceptability of environmental policies. It is a first order problem because before one can consider what ethical principles should guide policy formation, policymaking must be made open to ethical critique and reflection. If policymakers don’t see and respond to the ethical issues that are implicitly raised by arguments raised against proposed policies, they can’t apply the appropriate ethical rules.

Instrumental rationality is a mode of rationality that is exclusively concerned with the search for efficient means or scientific facts which, consequently, is not concerned with assessing the goals—or ends— that policies should pursue. This form of rationality has existed throughout history, but has become increasingly more dominant in post-Enlightenment liberal democratic capitalist societies (Cruickshank,2014).

Ethics rationality, on the other hand, is concerned about what the goals of society should be. Ethical reasoning seeks to determine what should be the goal of human behavior by examining what is right or wrong, what is permissible or impermissible, what actions are obligatory or non-obligatory, and how burdens of preventing harm should be justly distributed.

Instrumental rationality, because it focuses on means, usually ignores ethical questions about what the goals of policy should be despite the fact that every argument against a proposed environmental policy already contains an unstated norm.  For instance, a claim that a proposed climate change policy should not be adopted because it imposes unacceptable costs rests on the unstated norm that the government should not adopt policies that impose significant costs on the economy or specific industries.

Scientific and economic reasoning, which have increasingly dominated public policy-making from the beginning of the Enlightenment, almost always focuses on how to achieve goals, not on what goals or ends should be desired.

Economic rationality often focuses on how to maximize human preferences. Ethics asks a different question of economic activity, namely what preferences humans should have.

Scientific reasoning usually tests hypotheses to determine what “is.”  Moral philosophers believe that determining what “is,” which is the proper domain of science, cannot determine what “ought” to be, which is the domain of ethics.

Yet instrumental rationality that scientists and economists deploy in their search for scientific and economic facts has dominated public life and higher education for several centuries.

That instrumental rationality dominates environmental policy making is clear given that most government environmental agencies are staffed exclusively by engineers, scientists, economists, and lawyers but very infrequently by employees trained in ethics. This is huge problem because very few employees of environmental agencies or scientific organizations that make policy recommendations can spot problematic ethical issues that should be acknowledged in policy debates and particularly ethical issues that are ignored or hidden when instrumental rationality is deployed to make policy recommendations. Although employees of government agencies responsible for policy formation often understand they should apply policy rules entailed by relevant laws, many relevant laws do not contain clear rules on how to respond to economic and uncertainty arguments against proposed environmental policies.

Instrumental rationality dominates public policy formation for at least two reasons:

First, sociologists, including Max Weber, have predicted that instrumental rationality would over time crowd out ethical rationality in modern societies because increasingly complex human problems would be relegated to bureaucracies run by technical experts whose expertise depends on the use of instrumental rationality. Since the power of experts depends, in part, on maintaining the fiction that their expertise is the central key to solving modern problems, these experts are reluctant to acknowledge that their analytic tools for solving problems are often ethically inadequate and sometimes ethically inappropriate (Thomas, 2017). Moreover particularly in capitalist societies, wealthy interests are able to hire experts and frequently do so to fight government action which would reduce profits.

Second, opponents of proposed environmental policies usually frame opposition to these policies on the basis of excessive costs to governments or specific industries or lack of scientific certainty about harms the policy seeks to prevent. These arguments very frequently hide controversial normative assumptions implicitly embedded in the arguments. For instance, cost arguments made in opposition to environmental policies often rest on the very ethically dubious idea that any policy which creates significant cost to a nation, regional economy, or to a specific industry should not be adopted even when the problematic behavior causes serious harm to people or nations who have not consented to be harmed.  The public debate in response to these claims often narrowly focuses on the magnitude of the costs or whether the regulatory action will create jobs and in so doing ignores several serious ethical problems with these arguments.

In policy disputes about matters in which potential harms are acknowledged by opponents of proposed policies, the public debate about the acceptability of the harms is often limited to some form of “cost-benefit analysis”(CBA).

Yet CBAs frequently hide important ethical issues. If, for instance, a CBA concludes that government action to protect vulnerable people or ecological systems should not be taken because costs of taking action to reduce an environmental threat outweigh the economic value of harms avoided by the proposed regulation, controversial ethical assumptions may be hidden in factual assertions about the magnitude of the costs or value of benefits particularly if:

  • Potentially but not fully proven catastrophic harms were ignored in the CBA.
  • The costs of taking action would be imposed upon parties that are harming others, yet the victims of the harm have not consented to be harmed.
  • Things that were believed to be sacred by one culture are valued in the CBA as if they were commodities whose value can be measured adequately by “willingness-to-pay” monetary measures. CBAs usually commodify all human values and thus value is restricted to monetary value while ignoring other values including sacred value or beliefs that certain entities should not be for sale. Thus in CBAs, usually the value of things that could be harmed are measured by human preferences measured in monetary values. Yet ethics is concerned with what preferences people should hold, not simply what preferences people hold.
  • Human rights will be violated if regulatory action is not taken.
  • The proposed government action implements the ethical duty of people to not harm others on the basis of self-interest.
  • The CBA determined economic value of entities that might be harmed are determined without obtaining the consent of those who might be harmed.
  • The benefits of government action to protect the environment are discounted too greatly in calculations that seek to allow future benefits of action to be compared to current costs to those who must act to prevent harm (Brown, 2008).

Thus, if a decision to take no government action on a potential environmental problem is justified only as a matter of imbalance between costs and benefits, very dubious ethical assumptions are frequently hidden in the CBA calculations while ethical principles, including those that have been widely acknowledged as valid and applicable to government policy formation are often ignored.

In this writer’s experience, proponents of environmental policies also not only rarely identify the ethical problems with the use of CBAs or almost any cost-based argument made in opposition to proposed policies, they almost always respond to the cost-based arguments by making counter cost claims. And so public debate about proposed policies usually focuses on economic  “factual” claims while ignoring ethical principles.

Evidence of the utter dominance of instrumental rationality in the United State includes executive orders of several US presidents which require that any US proposed regulation must satisfy a CBA before it may be promulgated (Congressional Research Service, 2017).

This is so despite the fact that, as we have seen, a CBA used as a prescriptive guide to policymaking often hides many controversial ethical issues including, for instance, the duty of nations to not harm others on the basis of national economic self-interest.

Using cost to those causing harm to others as justification for failing to abate the harm also violates well-established principles of international environmental law including the “polluter pays principle” (Rio Declaration,1992, Principle 16 ) and the “no harm principle.” (UNFCCC,1992, Preamble)..

Yet the United States continues to very frequently base the acceptability of environmental regulations on the results of a CBA.

In 1997, while working as the Program Manager for United Nations Organizations in the US Environmental Protection Agency (EPA) Office of International Affairs, this author closely observed the US debate about whether the US should agree to the Kyoto Protocol under the UNFCCC. This debate focused exclusively on two different CBAs, one completed by the US EPA and the other by the US Department of Energy which reached slightly different conclusions about the magnitude of negative impacts on US GDP if the US agreed to be bound by the Protocol. Amazingly both CBAs examined costs and benefits to the United States alone if the United States ratified the Kyoto Protocol while completely ignoring potentially harsh climate impacts on poor people around the world and the most vulnerable nations. Yet no one in the US government nor NGOs participating in the debate about whether the US should ratify the Kyoto Protocol raised any ethical problems with the US reliance on CBAs that examined costs and benefits to the US alone as a tool to determine the appropriateness of US action on climate change.

In most Western capitalist countries, corporations and their industry associations have huge political power to frame public policy questions and don’t hesitate to exercise their power to prevent any government action that could lower corporate profits.  And so the public debate on proposed policies often focuses on economic “facts,” not ethical duties, despite the almost universally accepted ethical norm agreed to by almost all religions and nations that people should not harm others on the basis of self-interest.

Opposition arguments against proposed environmental policies often rest on the unstated very dubious norm that regulatory action limiting commercial activities should not be taken unless the harms are proven by the government with high degrees of scientific certainty even in cases where achieving high levels of certainty is scientifically difficult or very prohibitively expensive.

For over 30  years, opponents of US action on climate change have frequently based their opposition on scientific uncertainty about human-caused climate change harms despite the fact that the United States agreed to the “precautionary principle” when it agreed to the UNFCCC in 1992. (UNFCCC. 1992, Art 3.3) This principle says that governments will no longer fail to take action on the basis of scientific uncertainty. Yet advocates of national action on climate change in response to opponents’ scientific uncertainty arguments almost always simply claim that the scientific “facts” of harm have been sufficiently scientifically demonstrated not on the ethical rule that precaution is required once it is scientifically established that significant harm might be created by certain human activities.

If a government decides not to act to reduce the threat of environmental harm on the basis of lack of proof of harm, such a decision can hide important ethical questions particularly if:

  • The government assumes that the proponents of government action to prevent environmental harm should shoulder the burden of proof of demonstrating harm particularly in matters where proof is very expensive, difficult to demonstrate, or cannot be fully demonstrated before potential harms are experienced..
  • There is credible but uncertain evidence that the current activity may be approaching thresholds that could trigger very serious consequences.
  • If the government waits until all uncertainties are resolved it will be too late to prevent serious harm.
  • Some very serious potential harm is judged to be low probability just because the mechanism for causing serious harm is not completely understood so that the probability of the serious harm cannot be confidently evaluated.
  • The victims of potential harm have not consented to put at risk.

All of these considerations are relevant to climate change yet, the United States has failed to decisively act on climate change since international climate change negotiations began 30 years ago because opponents of US climate change policies have claimed that there is insufficient proof of human-induced climate change caused harms.

Although the most prestigious scientific institutions in the world including most national academies of science and the Intergovernmental Panel on Climate Change have concluded with high levels of confidence that humans are causing and threatening great harms from human-induced climate change, even conceding, for the sake of argument, that great harms from human induced climate change are not yet proven, ethical principles requires that action should be taken to reduce the threat of climate change. Yet the ethical basis for requiring action is almost never discussed in the US public debate about whether scientific uncertainty about human-induced climate change is an appropriate justification for US unwillingness to act on climate change.

Scientists employed by environmental agencies usually focus on understanding the environmental harms and risks of various human activities and whether proposed government action will acceptably reduce threats to human health and the environment. The goals of environmental regulatory action are usually given to them by law or regulation such as water pollution should be reduced to prevent unreasonable harm to humans or ecological systems. Yet, in the face of scientific uncertainty about whether human actions may cause harm, scientists cannot determine who should have the burden of proof or what quantity of proof should satisfy the burden of proof by scientific methods alone because these are fundamentally ethical questions.

An understanding the ethical problems with instrumental rationality leads to an understanding of why nations often ignore even well-established ethical principles in policy formation such as the ethical principle that no nation should harm others outside their jurisdiction on the basis of national economic interest.

For this reason, a first-order problem on the road to a world which formulates policies guided by ethical principles is to open policy formation controversies to express consideration of ethical issues. This goal requires that those engaged in policy formation spot and identify the ethical issues frequently hidden in economic and scientific arguments against proposed policies that currently dominate policy formation controversies on environmental issues around the world.

Unfortunately most professionals engaged in environmental policy formation have no training that would help them identify the hidden ethical issues embedded in arguments made against environmental and sustainable development policies. Nor do those NGOs who participate in  controversies about these issues have the training to spot ethical problems made by opponents of proposed policies that are derived from various forms of instrumental rationality.

References:

Brown, D. (2008) Ethical Issues in the Use of Cost-Benefit Analysis of Climate Change Programs, https://ethicsandclimate.org/2008/06/01/ethical-issues-in-the-use-of-cost-benefit-analysis-of-climate-change-programs/, accessed 16 Dec. 2017

Congressional Research Service (2014) Cost-Benefit and Other Analysis Requirements in the Rulemaking Process’, https://fas.org/sgp/crs/misc/R41974.pdf, accessed 18 Dec.,2017

Cruickshank, J., (2014) Democracy versus the domination of instrumental rationality: Defending Dewey’s argument for democracy as an ethical way of life, Humanities 3, 19–41; doi:10.3390/h3010019, http://www.likealittledisaster.com/wp-content/uploads/2017/02/humanities-03-00019.pdf, accessed 20 Dec.2017

Frodeman, R. (2006) A Policy Turn in Environmental Ethics, Environmental Ethics, 26

Hargrove, E., ‘(2003)  What’s Wrong? Who Is to Blame?, Environmental Ethics, 25 (1):3-4, [2003] 3-4

Intergovernmental Panel on Climate Change (IPCC). (2014) 5th Assessment Report, Contribution of Working Group III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change, Chapter 4. Sustainable Development and Equity. Sec 4.6. 2.1, p 4., http://www.ipcc.ch/report/ar5/wg3/ assessed , Dec 23, 2017

National Climate Justice, Research Project On Ethics and Justice in Formulating National Climate Policies, Lessons Learned, https://nationalclimatejustice.org, accessed 24 Dec, 2017

Rio Declaration on Environment and Development, (Rio Declaration, 1992)  https://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm, accessed 24 Dec 2017,

Thomas. W. (2017) Max Weber on Rationality in Social Action, in Sociological Analysis in Modern Life, Rational Action, http://www.rational-action.com/?s=Weber, accessed 22 Dec. 2017

United Nations Framework Convention on Climate Change (UNFCCC, 1992), FCC/INFORMAL/84/Rev.1 GE.14-20481 (E), Preamble.

United Nations (2015), Paris Agreement, FCCC/CP/2015/L.9/Rev.1, https://unfccc.int/resource/docs/2015/cop21/eng/l09r01.pdf, accessed 23 Dec. 2017

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Widener University Commonwealth Law School

dabrown57@gmail.com

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

 

 

 

 

 

 

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 COatmosphere 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

Reflections on the Marrakech Climate Negotiations In Light of the American Election

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I arrived in Marrakech on Thursday am, November 10 just as the news of the election of Donald Trump was hitting the world like a large meteor hitting the Atlantic Ocean.

I had come to Marrakech to participate in international climate negotiations to which 193 countries had come in hope of making progress on finding a global solution to the increasingly frightening climate change emergency.  All 193 countries had agreed in Paris the year before to work together to try to limit warming to as close as possible to 1.5 degrees C but no more than 2 degrees C. The international community was convinced that their previous promise to work to limit warming to 2 degrees C was much too dangerous particularly for many desperately poor countries. Yet to achieve the new warming limits, nations will need to greatly strengthen their commitments made in Paris, a goal which was the organizing focus of the Marraketch meeting.

On the first day of the negotiations, I was listening to two women, one from the Maldives and the other from Bangladesh, describing the suffering their families and communities were already experiencing from floods and rising seas. They also pleaded for much more aggressive action from developed countries to reduce GHG emissions as  waves of grief, despair and sadness about the US election were reverberating through the huge Marrakech negotiating complex.

As I encountered colleagues from previous climate negotiations, every conversation began with sorrowful laments about the US election. Particularly those of us who were veterans of most of the 23 year climate negotiating history were painfully aware of the anomaly that the Obama administration represented compared to the administrations of prior US Presidents as a positive force in the international efforts to find a global solution to climate change’s enormous threats.  We therefore felt deep grief about the Trump election and his promise to rip up the Paris Agreement and reestablish coal as an energy source.

For most of the 23 year history of the climate negotiations, the United States, along with two or three other nations,  often played a blocking role in international efforts to find a global solution to climate change. In no small part because of the delay caused by US obstruction, the world is running out of time to prevent potentially very dangerous climate change despite the Obama’s administrations recent more positive commitments.

The climate change disinformation campaign funded by many fossil fuel companies and free market fundamentalist foundations that started in the United States in the late 1980s and moved to several other developed countries is in no small part responsible for the rise of atmospheric CO2 to 403 ppm from about 320 ppm, a level that existed when calls to control GHG emissions began in earnest in the 1970s.

Because the international community has not found a way yet to actually reduce global GHG emissions to safe levels, and some parts of the world are already experiencing life-threatening floods and droughts, killer heat waves and storm surges, and rises in tropical diseases, the success of US climate change opponents in blocking meaningful US climate change policies has created a monumental threat to the entire world. Now President-elect Trump is threatening to reinstate the United State as the chief obstructionist on climate change issues among nations.

Yet shortly before the Marrakech COP, optimism about chances for preventing catastrophic warming was rising as 55 countries representing 55% of global emissions ratified the Paris Agreement allowing the Paris deal to come into effect on October 4th of this year, more quickly than expected. At the beginning of the Marrakech negotiation session, it appeared to me that the Trump election had punctured the optimism filled balloon that was rising shortly before the Marrakech COP.

Compared to many of the first 21 international climate negotiating meetings, which are referred to as Conference of the Parties or COPs under the 1992 United Nations Convention on Climate Change (UNFCCC), the agenda and expectations for the Marrakech session (COP22) were modest despite a growing sense of urgency and alarm among climate scientists that time is running short to prevent extraordinarily  dangerous climate change.

The most important agenda items for Marrakech were filling in details of general decisions made in the Paris Agreement that must be clarified if the accord’s goal of limiting warming to as close as possible to  1.5 degrees C but no greater than 2 degrees C has any chance of being achieved.

And so much of the Marrakech negotiations were focused on such non-sexy issues as:

(a) how a global dialogue that the Paris Agreement calls for on assessing the state of affairs in 2018 will be organized,

(b) how to assure the clarity and sufficiency of information that nations must provide with their commitments under the Paris agreement prior to five-year “stocktakes” and to implement the Paris Agreement’s “transparency mechanism,”

 (c) how to make progress on the financing promises of developed countries for developing country programs on adaptation and mitigation,

(d) how to assure that the Paris Agreement’s market mechanisms which give governments flexibility in how they achieve GHG emissions reduction commitments don’t undermine the Agreement’s warming limit goal.

Although these issues are not as politically explosive as issues that were under consideration in the other 21 COPs, they are nonetheless crucial steps that must be taken to implement the Paris accord.

The fog of sadness triggered by the Trump election coupled with the lack of visible progress on increasing the ambition of national commitments so urgently needed to keep warming to non-dangerous levels initially created a dark mood in the negotiating complex. However, as the negotiations continued into the second week, at least this writer was buoyed by the determination, if not outright defiance, of people and countries from around the world that I kept experiencing during the last few days of the COP.

In addition to the negotiations, much of what goes on at a COP are in numerous side-events, where reports are heard from non-government organizations, national and international scientific institutions, research organizations, and businesses supporting technologies that have hope of contributing to the solution to climate change. Being at a COP is like having a two-week intensive course on all that is going on with climate change around the world.

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At one of  the side events I attended, I began to notice the rise of a positive defiance that countries around the world were displaying about the future of the Paris Agreement despite the bad news from the United States. This positive mood was fueled in part by the numerous examples of rapid progress being made around the world in installing non-fossil energy. Also all countries acted at the COP as if they understood that climate change was a very serious global threat that urgently required the cooperation of all nations to prevent catastrophic harm to people and ecological systems on which life depends.

In one side event, the energy Secretary from Vermont reported that one in every twenty jobs in her state were in the solar industry and that solar energy is already transforming Vermont’s energy supply.

Johnathan Pershing, lead US negotiator, claimed that the US solar industry was employing over 2,500,000 people while only 86,000 were working in the coal industry.

One of the side events discussed growing cooperation on climate change between California and several Canadian Provinces along with growing regional cooperation around the world on climate issues

Many of the 193 countries participating in the Marrakech negotiations had displays which depicted not only significant amounts of installed renewable energy in their countries, but plans for greatly expanded use or climate friendly technologies including electric vehicles and green building in the years ahead.

There was considerable discussion in Marrakech about the rapidly expanding and ambitious role that cities around the world have committed to play to fight climate change. Recently 7,100 cities from 119 countries and six continents, representing more than 600 million inhabitants, over 8% of the world’s population have committed to cooperate together under the Global Covenant of Mayors for Climate & Energy. In addition 20 of the world’s largest cities have committed to achieve carbon neutrality or at minimum to reduce GHG emissions by 80% by 2050. The cities include: Adelaide, Australia, Berlin, Germany, Boston MA, Boulder CO, Copenhagen,Denmark, London, United Kingdom, Melbourne, Australia, Minneapolis MN, New York City NY, Oslo, Norway, Portland OR, Rio de Janeiro, Brazil, San Francisco CA, Seattle WA, Stockholm, Sweden, Sydney, Australia,Toronto, Canada, Vancouver, Canada, Washington, DC, and Yokohama, Japan.

Several times throughout the COP I heard participants proclaim defiantly that they were going to “Trump Proof” the world. They claimed they were going to go ahead with or without the United States.  Several claimed that if the United States pulled out of the Paris deal, they would pursue economic sanctions against the United States

The day before I left Marrakech, I felt a positive change in my mood. I had been affected by positive energy from thousands around the world attending the COP. They promised to strive to implement the Paris Agreement without the United States. However, only if the United States aggressively reduces its GHG emissions is there much hope of preventing climate change that will harm millions of the worlds poorest people because 20 % of global GHG emissions come from the United States..

The Marrakech COP produced a few very modest advancements in the Paris deal while deferring important decisions to the next COP which will be held in Bonn, Germany next year.

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

 

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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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.

Continue reading

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

 

sociology and climate

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

References:

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

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

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

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainable Ethics and Law

Widener University Commonwealth Law School

dabrown57@gmail.com

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

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

Why “Shaming” Is An Important Tool That Could Lead to Climate Change Action In Paris And Beyond

ashamedI. Introduction

This website has been dedicated to helping citizens spot, understand, and make arguments about ethical and moral issues that arise in public discussion of climate change policies. A major objective of this effort has been to help proponents of climate change programs to respond to many arguments made by opponents of government action on climate that fail to pass reasonable ethical scrutiny. Armed with these ethical arguments, we have expected that proponents of stronger climate change policies would seek to hold accountable those governments, politicians, and opponents of climate change programs who have taken morally indefensible positions on climate change issues. That is we expected that strong moral arguments would be used either to convince governments or climate policy opponents of the moral unacceptability of their positions, or be used to pressure governments or individuals that continued to hold morally and ethically indefensible positions through the use of public shaming.

In doing this work for over a decade, we have frequently encountered proponents of climate change policies who eschew tactics that seek to publicly shame opponents of climate change policies or governments even in cases where their positions are obviously ethically and morally indefensible. Instead of making ethical and moral arguments in response to the arguments of climate change policies opponents, climate change policy advocates have often focused on refuting the factual claims of the opponents’ arguments such as climate change policies will destroy the economy or are not warranted due to scientific uncertainty.  .

This article will (1) examine arguments that have sometimes been made against using shaming as a strategic tool to change the behavior of those who resist taking responsible action on climate change, and (2) identify features of an effective use of shaming that might lead to more responsible action on climate change,

II. Objections to the Use of Shaming Techniques to Enhance Climate Change Responses.

Some proponents of climate change policies have explained their aversion to moral arguments made in response to the positions of opponents of climate policies on the basis that moral judgements are subjective and thus there is often no clear way of resolving disagreements about what justice and ethics  requires. It is true that  not all ethical issues raised by climate change lead to a consensus among ethicists as to what ethics and morality requires. For instance, reasonable people can disagree on what principles of distributive justice should guide fair allocations of national ghg emissions reduction targets. Yet, as we have explained on this website many times, many of the most frequent arguments made by opponents of climate change policies violate widely accepted ethical principles including: (a) the Golden Rule that holds that people have a duty to treat others with respect, (b) widely accepted human rights principles, (c) non-controversial precepts of procedural justice such as people should not put other people at great risk of harm without obtaining permission from those most vulnerable to harm, and (d) widely accepted principles of international law such as the “polluter pays” principle, the “no harm principle” and the “precautionary principle,” the last two of which were  expressly agreed to by all nations when they agreed in 1992 to the United Nations Framework Convention on Climate Change (UNFCCC).

Given that the most frequent arguments made against climate change programs clearly fail to pass minimum ethical scrutiny, unwillingness to publicly hold opponents of climate change policies for their morally indefensible positions is a huge mistake.particularly in regard to the most frequent arguments that have been made in opposition to climate change policies.   In the United States, opponents of climate change policies have most frequently argued that the United States should not adopt climate change policies because:

First, climate change programs will impose unacceptable costs on the economy or destroy jobs, or other economic reasons to oppose action on climate change.

Second, climate change emissions reductions programs are not warranted due to scientific uncertainty about whether humans are causing climate change and what the impacts will be.

Third, for a government such as the United States to act would be unfair or ineffective until other countries including China and India take similar action.

Citizens and environmental groups have unknowingly been tricked into responding to these arguments by making factual responses to these claims, such as climate change policies will increase jobs, despite the fact that each of these arguments contain hidden normative assumptions which clearly flunk minimum ethical scrutiny.

For example, as we have seen, opponents of climate change policies have frequently based their opposition on the claim that action on climate change will destroy jobs or the the national economy.

The response of NGOs and citizens to this argument has largely been to assert that climate change programs will create jobs and boost the economy. Yet this response unknowingly implicitly supports the very troublesome hidden normative assumption of the climate policy opponents’ argument, namely that the government should not adopt climate policies if the policies will hurt the government’s economic interests despite the fact that this argument is obviously wrong when viewed through an ethical lens because polluters not only have economic interests, they have moral responsibilities to not harm others.  This conclusion is supported by: (a) the universally accepted  Golden Rule which holds that someone should not be able to kill others because it would be costly to the killer to stop the killing behavior because people have duties to treat others as they wished to be treated, and (b) numerous widely accepted provisions of international law such as, among others, the “no harm” principle, the “polluter pays” principle Thus, the failure to respond to the arguments of the opponents of climate change policies  on moral grounds is an astonishing oversight in light of the fact that the moral objection is very strong to anyone who claims that they can seriously harm others if their economic interests are threatened if they are required to limit their harmful activities. History is replete with examples of justifications made by some on economic grounds for their morally unacceptable behavior about which moral reasoning eventually prevailed. For instance. proponents of slavery often defended slavery on economic grounds, a position that was eventually widely rejected on moral grounds.

Such a claim that nations may continue to engage in behavior that harms others as long as their economic interests will be affected by ceasing the behavior violates the most non-controversial ethical rules, not only the Golden Rule, but also many well accepted provisions of international law based on the Golden Rule such as a rule called the “no harm principle” which holds that all nations have a legal duty to prevent their citizens from harming people outside their jurisdiction.

If citizens who support climate policies ignore the ethical problems with the arguments made by opponents of climate policies on the grounds that climate policies will impose costs on those who are harming others, they are playing into the hands of those responsible for putting the planet and millions of poor people at risk from climate change.

There are also deeply problematic ethical assumptions that have remained largely unchallenged when the opponents of climate change policies argue the United States or other governments  should not adopt climate change policies due to scientific uncertainty (See, The Ethical Duty to Reduce Greenhouse Gas Emissions in the Face of Scientific Uncertainty) and unfairness or ineffectiveness of US ghg reductions if the United States acts and China and India don’t act.(See May Any Nation Such as the United States or China Make Its Willingness to Reduce Its GHG Emissions Contingent On What Other Nations Do?)

And so, for 30 years, the opponents of climate change policies have succeeded in framing the climate debate in a way that has largely ignored obvious ethical and moral problems with their unwillingness to reduce the threat of climate change. A recent research project of Widener University Commonwealth Law School and the University of Auckland has revealed that surprisingly both environmental organizations and the press in many countries have failed to bring attention to the obvious moral problems with the arguments made by opponents of action on climate change.

Although there are ethical issues raised by climate change about which ethicists may disagree on what ethics requires, there are many ethical issues that policy-making on climate change must confront about which very strong, non-controversial ethical condemnation can be made of many of  the positions on these issues that opponents of climate change continue to make. These issues include, for  instance:

  • Can a nation justify its unwillingness to adopt climate change policies primarily on the basis of national economic interest alone?
  • When is scientific uncertainty an ethically acceptable excuse for non-action for a potentially catastrophic problem like climate change given that waiting until the uncertainties are resolved makes the problem worse and more difficult to solve?
  • Should proponents or opponents of climate change policies have the burden of proof to scientifically demonstrate that climate change is or is not a threat before climate change policies are in enacted?
  • What level of proof, such as, for instance, 95% confidence levels or the balance of the evidence, is needed to demonstrate climate change is a threat that warrants policy responses?
  • What amount of climate change harm is it ethically acceptable for a nation to impose on those nations or people outside their jurisdiction who will be harmed without their consent?
  • To what extent does a nation’s financial ability to reduce ghg emissions create an ethical obligation to do so?
  • What are the rights of potential victims of climate change to consent to a nation’s decision to delay national action on climate change pm the basis of national cost or scientific uncertainty?
  • Who gets to decide what amount of global warming is acceptable?
  • Do high emitting nations and individuals have a moral responsibility to pay for losses and damages caused climate change to people or nations who have done little to cause climate change?
  • How should national ghg targets consider the per capita or historical emissions of the nation in establishing national climate commitments?
  • Do poor, low-emitting nations have any moral responsibility to do something about climate change and what is it?
  • When should a nation be bound by provisions of international law relevant to climate change that they agreed to including provisions in the United Nations Framework Convention on Climate Change such as the “no-harm,” and “precautionary principle” and the duty of developed nations to take the lead on climate change?

Although there are legitimate differences of opinion on some of these issues among ethicists as to what justice requires, very strong, non-controversial ethical criticisms can be made of  many of the positions held by many opponents of climate change on these issues, matters which have been frequently written about on this website. As Amaryta Sen and others have pointed out, one need not know what perfect justice requires to spot injustice.(Sen, 2009) For this reason, it is usually possible to strongly condemn many of the positions on these issues held by opponents of climate change policies even if there is reasonable disagreement on what justice requires.  Thus, it is not necessary to get agreement on what perfect justice requires before strongly condemning some positions on climate change issues on moral and ethical grounds. It is not necessary to know what justice requires to condemn injustice.

Another objection to relying on moral arguments to shame opponents of climate change sometimes heard, is that shaming will not change government or human behavior.  Many times I have heard people say moral arguments don’t work, people only respond to self-interest.  Yet naming nations who violates basic human rights and holding them up to ridicule, that is “naming and shaming”, has proven to be in many cases an effective tool to enlarge human rights protections around the world.  Jennifer Jacquet, in a recent book Is Shaming Necessary? New Uses for an Old Tool, explains that shaming has proven to be an effective tool to change ethically unsupportable behavior of governments and institutions provided a shaming strategy is created that is mindful of lessons learned from successful “naming and shaming” programs. (Jacket, 2015) In addition, moral arguments have been key to creating social movements that have transformed society in cases such as slavery, child labor, women’s rights, children’s rights, human treatment of animals, etc. Yet shaming strategies should learn from what has worked in the past.

III. Designing An Effective Shaming Tool To Change Government Behavior On Climate Change

As the international community heads to COP-21 in Paris next week, given that moral shaming always has the potential of achieving a change in government or individual behavior of those who justify their actions on ethically indefensible grounds and given that the global community is rapidly running out of time to prevent dangerous climate change due in large part to the success of opponents of climate change programs to frame the public climate debate in a way that avoids moral criticism, a strategy of publicly shaming nations. politicians, and opponents of needed climate change policies who refuse to be guided by their ethical responsibilities is needed now more than ever to get urgently needed action to reduce the immense threat of climate change.

An effective shaming strategy should focus not on all issues where there is disagreement among parties but only on those positions which clearly flunk minimum ethical scrutiny. For instance, in the climate change debate because  there is significant disagreement among countries about what equity framework should control how ghg emissions should be allocated among nations, a shaming strategy would not likely lead to a resolution of these contentious issues. Some negotiations about reasonable equity frameworks is likely necessary to arrive at a global position on what equity requires. However, as we have seen, a country that claims it can set its national ghg emissions reductions commitments on the basis of national economic interest alone can be subjected to strong ethical condemnation .Therefor, even on an issue such as what does equity require about which reasonable disagreement exists, the disagreement does not support the conclusion that anyone’s claim about what equity requires is entitled to respect. In fact, many nations and individuals have taken position on what equity requires that can be strongly condemned on non-controversial ethical grounds even though reasonable disagreement exits on what equity requires. For this reason, progress can be made even on the issue of what does ‘equity’ require by holding positions on this issue that fail to pass minimum ethical scrutiny to public scrutiny.

Given that many nations continue to take positions  on many issues that cannot be justified on any ethically acceptable reasons, there is a huge potential to pressure governments on ethical grounds in Paris and in subsequent negotiations provided that the governments or government officials are required to respond in a publicly transparent way to the ethical issues that must be faced in climate change policy formation.

A recent article in Climate Progress by Jeremy Deaton explains how shaming can lead to action on climate change in Paris and  the years ahead. Deaton says:

December’s international climate summit might not result in a legally binding agreement, but it will almost certainly include mechanisms for countries to review each other’s progress. So, while the process could lack formal sanctions, it may allow for informal sanctions. Writing in Grist, Jacquet argues, “Governments must be convinced that if they fail to keep their pledges they will suffer negative reputational consequences that will damage their relations with other countries and may lead to domestic political damage as well.”

The potential success of a shaming strategy in Paris and beyond will be greatly enhanced if nations are required to respond on the record to questions asked by other governments and NGOs about how they responded to important ethical issues that must be faced in formulating their climate change policies.  Such a mechanism under the UNFCCC has been under active discussion since the Lima COP in 2014.  And so for a shaming strategy to be most effective, the UNFCCC negotiation outcome needs to establish a mechanism that forces nations to be transparent about the actual basis for their national climate commitments in regard to the ethical issues that must be faced in policy formation.

And so to strengthen the power of a shaming strategy to bring needed change, the Paris negotiations should seek to create a process that will force nations to explain on the record how they have responded to moral issues raised by climate change policy formation.  The Widener/Auckland research project mentioned above has concluded that nations will claim they have taken equity and justice into account without explaining quantitatively how they based their national commitments on specific equity frameworks or how a quantitative ghg emissions reduction leads to a safe atmospheric ghg concentration level that will limit warming to tolerable levels. Furthermore, this research reveals that the actual basis for many national climate commitments, known as INDCs (Intended Nationally Determined Contributions under the UNFCCC) was economic interests not global responsibilities yet nations have not revealed how economic considerations have affected their national commitments. For this reason an effective shaming strategy requires that the international community must create an obligation that governments respond to questions from governments and NGOs on the record relating to important ethical issues. Many human rights regimes have established  these procedures.

Because the Widener/Auckland research project identified above has concluded that nations will often disguise the actual basis for their national climate commitments, nations should be required to submit information with their INDCs that will allow citizens to better understand how their national INDC has responded to important ethical issues that must be faced in climate change policy formation.. For this reason, as we have explained on this website before, nations should:(a) report their ghg emissions reduction commitments in tons of CO2e rather than a percent reduction commitment from a baseline year, (b) the temperature limit and associated carbon budget that the INDC is seeking to achieve, (c)  the equity principles that the nation relied on to assure the justice of its INDC, and (d) For Annex 1 countries, ghg emissions in 1990, the common baseline year. This information will allow clear evaluation of how nations have responded to ethical duties to reduce their ghg emissions to their fair share of safe global emissions.

Thus the Paris COP should seriously consider how to create an institutional mechanism and information base to allow citizens and governments to  evaluate how nations have responded to their ethical obligations.on climate change

As Daeton said in the above article:

With shame, we are witnessing a very old tool being put to use on a relatively new problem. Humans have relied on shame since their evolutionary infancy to enforce social norms, and now it’s being used to urge action on climate change. How can we motivate the changes we need to curb global warming? As Jacquet points out, morality can evolve. It’s up to humans to render carbon pollution a moral ill and climate action a moral good. Shame may prove essential to that process.

Creating a process under climate regime to shame nations on their moral failures will not be the first time that the international community has relied heavily on shaming to achieve widespread social shame. As we have noted, the spread of human rights regimes has, for instance, relied heavily on “naming and shaming” countries who fail to protect human rights. The success of efforts to increase enjoyment of human rights protection around the world is widely attributed to the ability of nations and human rights NGOs to question nations on their human rights record and the creation of a legal duty of nations to respond in writing  to these questions. The climate change regime should follow the example  of international human rights law on these issues.

A similar strategy should be followed to pressure government officials and politicians who hold ethically unsupportable positions on climate change such as they wont support government action on climate change because the policies will impose costs on their government’s economy, a position as we have seen which ignores the clear responsibility of governments to not harm others outside the jurisdiction of the government. To create effective shaming tactics to pressure individual government officials or politicians running for office, NGOs should ask officials and politicians to respond on the record to questions that will expose the actual justifications for the official’s or politician’s position on climate change issues. For instance, when a government official or politician says he or she will not support action on climate change because it will harm the relevant government’s economy or destroy jobs, the official or politician should be asked if he or she denies that governments  not only have economic interests but also ethical duties to not harm others. This website has identified many specific questions that should be asked of government officials and politicians to expose the ethical problems with their positions in several articles. See, for instance,

a. 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?

b. 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 Unacceptable National Costs

c 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 the Failure of Other Countries Like China to Act?

 

The upcoming Paris negotiations may make progress on creating a transparent process that will allow other governments and citizens to shame governments who base their responses to climate change on ethically unsupportable grounds.

This website will report regularly on what happens in Paris to make a shaming strategy more effective in reducing the threat of climate change.

References:

Jacquet, J., 2015,  Is Shaming Necessary, New Uses for an Old Tool, Pantheon Books, , New York

Sen, A., 2009, The Idea of Justice, Belknap Press of Harvard University Press, Cambridge, Massachusetts .

By

Donald A. Brown

Scholar in Residence and Professor

widener

dabrown57@gmail.com

climate change ethics navigating

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

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