Ethics and Climate

Donald Brown

US Media Fails to Educate The Public About Links Between Greater Natural Gas Use and Climate Change

Posted on September 18, 2013 by dabrown57

The New York Times and the Wall Street Journal today reported on a new study by the University of Texas that found leakage rates of methane from natural gas fracking operations are lower than previously stated by US EPA. This report found that direct measurements of methane emissions from 190 onshore natural gas sites in the United States indicate that methane emissions from completed wells are are lower than commonly thought although the report also acknowledged that emissions from pneumatic controllers and other equipment associated with natural gas production facilities were higher than previously estimated.

The report also concluded that taking into account the lower emissions from completed wells and the higher emissions from other equipment, actual methane emissions are most likely 20% lower than previously estimated.

This report has created a large buzz on the internet because at issue is whether natural gas is a bridge fuel to lower the threat of climate change. If the methane leakage rate is less than 3.6%, then it is widely assumed that natural gas is better than coal. That is, if leakage levels are below this level it is generally assumed that switching to natural gas lowers the US carbon footprint and therefore greater natural gas production should be supported by citizens concerned about climate change. As a result the methane leakage rate issue has gathered enormous interest in climate change policy discussions.. Studies of methane leakage rates have reached widely different conclusions about actual leakage rates in part because different studies have used different: measurement methodologies, types of wells measured, portions of the the entire natural gas production process, and assumptions about leakage in the gas distribution process. The recent University of Texas study acknowledges that there are elements of the natural gas production to consumption cycle that were not fully considered. And so, it is likely that scientific conclusions about methane leakage rates will continue to change from study to study in the next few years.

Because natural gas may produce less CO2 equivalent per unit of energy produced, natural gas companies are pushing natural gas as at least a short- to medium-term solution to climate change

Yet, as we have written about before, there is one extraordinary important issue about the link between natural gas production and climate change that is rarely being reported on in the US press nor is it usually part of the US debate about natural gas fracking and its impact on climate change.

The methane leakage debate usually assumes if the methane leakage rate is low enough, switching from coal to natural gas as fuel should be welcomed by proponents of action on climate change. Yet what is notably missing in the media discussion of this issue is the urgency of moving to non-fossil fuels or energy technologies that produce very, very low carbon emissions to give the world any hope of prevent catastrophic climate change.

We explained the urgency of moving quickly to non-fossil energy in considerable detail in the recent entry on this website in Ethical Issues with Relying on Natural Gas as a Solution to Climate Change

Even if natural gas combustion creates approaching 50 percent less CO2 equivalent per unit of energy produced, an amount which is well beyond best case on ghg emission reductions, it will not create the much greater emissions reductions necessary in the next 30 years to give any hope of limiting warming from exceeding levels that will cause catastrophic impacts. In short, natural gas combustion can’t produce the the emissions reductions that are needed just a few decades to put the world on a safe ghg emissions pathway. Also investment in natural gas facilities may delay the needed rapid switch to non-fossil fuels. Although natural gas switching might help reduce the threat of climate change threat if methane leakage rates are at the lower end of the range discussed in the scientific literature in the very short term, the world needs massive investment in non-fossil technology as soon as possible.

In addition if coal combustion were to be replaced now by non-fossil fuel energy, it would help immediately much more than conversion of coal to natural gas combustion does in putting the world on an urgently needed ghg emissions reduction pathway needed to prevent catastrophic warming.

In addition, large investments in natural gas combustion facilities will likely make it harder to switch to non-fossil energy because these investors will likely demand a return on their investment in the natural gas plants before they are shut down.

Large investment in cheaper natural gas may also increase energy demand to levels that result in greater total releases of ghgs even assuming that natural gas produces less CO2 equivalent on a BTU basis than coal.

It is simply irresponsible for the US media to report on the methane leakage issue without explaining the urgency of moving to non-fossil energy.

Of great concern, some natural gas companies are on the one hand claiming that natural gas is better for the climate change while they fight legislation to increase the US share of renewable energy. A strong ethical case can be made that any political support for natural gas as a short-term bridge fuel should be conditioned on the natural gas industry promising to stop lobbying against rapid scale up of renewable energy programs.

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law,
Widener University School of Law
Visiting Professor, Nogoya University, Nogoya. Japan

dabrown57@gmail.com

“What Is Wrong Climate Politics And How to Fix It” A Review of a New Book By Paul Harris

Posted on August 9, 2013 by dabrown57

Given the strength of the scientific evidence that the world is rapidly heading to a climate catastrophe, it is vitally important to ask what has gone so terribly wrong with the world’s political response to climate change. Understanding the cause of the utterly irresponsible and tragic political inaction on climate change provides some hope for changing course.

A a new well-written book by Paul Harris, What is Wrong with Climate Politics and How to Fix It, examines the failure of the global community to reduce the civilization challenging threat of human-induced warming. This book is an excellent, easily understood review of the sorry status of international cooperation to find a global solution to climate change. The book is valuable for its contribution to the growing literature on climate change policy particularly in regard to its clear description of the sorry history of international climate negotiations.

The main thesis of the book is that the international focus in these negotiations on the obligations of nation states, rather than on individual responsibility, is a major cause of what has gone wrong.

The book makes a compelling case that the almost exclusive national focus of climate change negotiations is problematic for two reasons.

First, nations have historically always engaged in international problems from the standpoint of national interest rather than global obligations.

Second, from the initiation of the climate negotiations, the international community has assumed that national responsibility will be apportioned largely according to two broad categories, namely developed and developing countries. This categorization is problematic because this classification into these two categories arguably made some limited sense when the United Nations Framework Convention on Climate Change was opened for ratification in 1992, but it doesn’t now given that some of the countries that were initially classified as developing countries, including India and China, are quickly emerging as the among the largest emitters of greenhouse gases (ghg).

In addition, in almost all developing countries there is a growing middle and affluent class of high consumers. If developing nations understand that they have no responsibility to curb high consumption of their affluent citizens in regard to ghg, there is absolutely no hope for reducing global emissions to levels necessary to prevent catastrophic warming.

In addition, if high emitting consumers in developing nations assume that the duty to reduce ghg emissions is solely a national obligation, not a personal one, they will more likely continue to emit ghgs at high levels without being haunted by ethical or moral failure.

And so, Harris compellingly explains why a reliance on national responsibility alone in the global search for an adequate response to climate change will likely guarantee continuing international failure to reduce the enormous threat of climate change.

The book also reviews in some detail the mostly dysfunctional role that the United States and China have played in international negotiations for over two decades while at the same time describing the centrality of these two countries in maintaining hope for a global climate change solution.

Harris also provides strategies for changing the world’s response to climate change so that citizens around the world understand that they have individual responsibility.

The first recommendation is to expand the use of a “human-rights” approach to policies on climate change. Implicit in this strategy is the idea that if individuals understand that they are responsible for human rights violations, they may take their obligations to reduce their gig emissions more seriously.

There is little doubt that climate change is already preventing many people around the world from enjoying a host of human rights, a phenomenon that is sure to grow in the years ahead. Furthermore there are several practical reasons why an increased emphasis on human rights has considerable potential utility for improving the international response to climate change.

One is that a greater understanding of climate change as a human rights problem should lead to more widespread rejection of many justifications for non-action on climate change. For instance, some of the excuses often used to justify non-action on climate change by nations and others, such as it is not in their economic interest to adopt climate policies, are widely understood to be irrelevant to affecting human rights obligations.

However, although turning up the volume on the human rights significance of climate change is something that should undoutably be encouraged, it is not clear why an increased focus on human rights is likely to achieve a greater acceptance of individual responsibility. In fact, human-rights obligations are currently understood to be the responsibility of nations, not individuals, under existing international law. Thus non-state actors, including businesses, currently have no or very limited obligations under human rights regimes.

And so, although it is unquestionably true that a greater emphasis on human rights in climate change policy disputes has practical value, it is not clear how this will lead to the shift to a focus on individual responsibility appropriately called for by Harris.

Harris’s second strategy to achieve the needed shift to individual responsibility is a public movement to get individuals to understand that current unsustainable consumption patterns are disastrous. According to Harris, it is the unquestioned assumed benefits of the economic growth model that dominates the world that is a major cause of irresponsible consumption generating more and more ghg emissions.

On this issue, Harris is undoubtably correct that an economic growth model that is oblivious to the environmental destruction that it is causing is dominating international relations. What is not clear, however, is why a call for change in the growth model by itself will likely undermine the dominant discourse. A deeper understanding of the sociological forces that enable the current dominant capitalist development model to dominate international affairs is likely necessary to develop an effective strategy to dislodge this discourse.

In addition some explanation is necessary for why some developed nations (most of whom are in Northern Europe) have taken climate change more seriously than others if the problem is the international dominance of the economic growth model.

In this regard, Harris’s analysis leaves something of great importance off the table. Harris almost completely ignores the role that economically interested corporations and free-market fundamentalists foundations have had in undermining climate change policies in the United States for over two decades.

As we have written about many times, there has been a huge, well-organized, well-funded climate change disinformation campaign that is largely responsiblse for the failure of the United States to take climate change seriously. 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 Two: Is The Disinformation Campaign a Human Rights Violation Or A Special Kind of Malfeasance, Transgression, Villainy, Or Wrongdoing ? and The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part One: Is The Disinformation Campaign a Crime Against Humanity or A Civil Tort?

This campaign, through the use of sophisticated public-relations honed tactics, has successfully prevented political action on climate change in the United States for over two decades. It also has had some effect on the the United Kingdom and Australia but much less so in some other developed countries.

Therefore, the two strategies recommended by Harris to shift global understanding about who has duties to reduce ghg toward individual responsibility will likely not be successful without a direct, dramatic, and vigorous confrontation with the climate change disinformation campaign. In fact, as we have argued before in considerable detail, this climate change disinformation campaign should be understood as some new kind of crime against humanity.

The other failure not discussed by Harris worthy of considerable attention is the failure of the media in many parts of the world to report on several aspects of climate change that need to be understood to fully understand personal and national responsibility. They include, the nature of the scientific consensus position, the civilization challenge entailed by the quantity of emissions reduction necessary to stabilize ghg in the atmosphere at levels that will avoid dangerous climate change, the fact that one can not think about national or individual responsibility clearly without considering equity and justice questions, and the utter ethical bankruptcy of the scientific and economic justifications for non-action on climate change that have been the dominant excuses for non-action on climate change for 35 years. At least in the United States, the media has dramatically failed to help citizens understand these crucial features of climate change.

There is no doubt that Harris’s call for a shift to individual responsibility and away from national obligations alone is worthy of serious and expanded reflection. Therefore the book is recommended for anyone engaged seriously in climate change policy issues. However, to think strategically about how to generate a greater awareness of individual ethical responsibility, Harris’s book should be supplemented by additional strategic considerations. We have attempted to explain some of these considerations in the recent book: Climate Change Ethics: Navigating the Perfect Moral Storm.

By:

Donald A. Brown

Scholar In Residence,

Sustainability Ethics and Law.

Widener University School of Law

An Ethical Analysis of Obama’s Climate Speech, the Adverse Political Reaction to It, and the Media Response.

Posted on July 6, 2013 by dabrown57

On June 25th, President Obama gave a major speech on climate change in which he announced what his administration would do to reduce greenhouse gas (ghg) emissions in the United States. Although the US Congress has continued to fail to act on climate change since climate negotiations began in 1990, President Obama identified administrative actions that he would take that did not depend upon US congressional action. As we shall see, the speech was significant for some of the ethical issues touched upon in the speech.

As expected some US politicians vigorously attacked the speech on the basis that the announced actions would destroy jobs and the US coal industry. We now look at this speech, the political response to it, and the US media reaction through an ethical lens.

In light of the US’s strong moral duty to take action to reduce the threat of climate change that has been virtually ignored by most previous US leaders. many parts of this important speech are worthy of praise.

President Obama promised to use this authority under the federal Clean Air Act to reduce greenhouse gases from electric power plants. He also dismissed climate change skeptics as Flat Earthers and urged US citizens at all levels to take steps to reduce climate change causing emissions and push back against those who would work to undermine US policy to reduce the threat of climate change. He further announced plans to double wind and solar power while increasing the use of renewable energy in federal facilities to 20 % in 7 years. He also identified a number of policy responses to reduce energy demand with the goal of significantly reducing the waste of energy.

In response to climate skeptics he said:

So the question is not whether we need to act. The overwhelming judgment of science — of chemistry and physics and millions of measurements — has put all that to rest. Ninety-seven percent of scientists, including, by the way, some who originally disputed the data, have now put that to rest. They’ve acknowledged the planet is warming and human activity is contributing to it.

He also acknowledged some US responsibility to help developing nations transition to clean energy and announced a number of policy initiatives in support of this goal.

In regard to the the ethical responsibility of the United States to reduce the threat of climate change, President Obama said:

[A]s the world’s largest economy and second-largest carbon emitter, as a country with unsurpassed ability to drive innovation and scientific breakthroughs, as the country that people around the world continue to look to in times of crisis, we’ve got a vital role to play. We can’t stand on the sidelines. We’ve got a unique responsibility.

This statement is very significant for its ethical implications. In fact, this is the strongest statement of any US President in regard to acknowledging that US policy on climate change can not solely be based upon US interests alone. That is, it is notable for its recognition of US responsibility to act on climate change. Thus, in addition to US interests in climate change policies, President Obama acknowledged that the United States has obligations, responsibilities, and duties to act. This fact has profound significance for US climate change policy. It means, that the US must consider its obligations to others not to harm them through our ghg emissions. Yet, as we have seen over and over again, US climate change policies are usually debated in the United States as if only US interests count.

This speech also acknowledged that it is probably too late to avoid the need of nations to adapt to climate change’s adverse impacts.This is so because even if aggressive action it taken on climate change around the world, some adverse climate change impacts are inevitable. Notable in this regard was the speech’s acknowledgement that:

We’re going to need to give special care to people and communities that are unsettled by this transition — not just here in the United States but around the world.

And so, President Obama seems thus to acknowledge US obligations to help developing nations to adapt to climate change.

Another part of the speech with ethical significance is remarks about a new climate change treaty that was agreed to in Durban, South Africa that is to be completed in 2015 and come into effect in 2020. In this regard, President Obama said:

Two years ago, we decided to forge a new agreement beyond 2020 that would apply to all countries, not just developed countries. What we need is an agreement that’s ambitious — because that’s what the scale of the challenge demands. We need an inclusive agreement -– because every country has to play its part. And we need an agreement that’s flexible — because different nations have different needs.

This statement is of considerable ethical significance because it acknowledges that different nations have different responsibilities and needs in regard to climate change policies. This idea was agreed to by the United States but has largely been ignored. In ratifying the United Nations Framework Convention on Climate Change in 1992 under then president George H. W. Bush, the United States promised to reduce its ghg emissions based upon “equity” and “common but differentiated responsibilities” to prevent dangerous climate change. This idea, which entails looking at the US response to climate change through the lens of distributive justice, has been almost completely ignored by the US Congress and former US presidents. It is also an idea that entails that the United States must reduce its emissions more aggressively than developing nations that have done significantly less to cause increasing atmospheric ghg concentrations.

This statement also implicitly acknowledges that all nations. including the United States, have an ethical duty to increase the ambitiousness of its ghg emissions reductions commitments in climate negotiations that are under discussion until 2015.

President Obama also acknowledged our ethical responsibility to future generations to reduce the threat of climate change when he said:

Our founders believed that those of us in positions of power are elected not just to serve as custodians of the present, but as caretakers of the future. And they charged us to make decisions with an eye on a longer horizon than the arc of our own political careers. That’s what the American people expect. That’s what they deserve.

And so as a matter of ethics, President Obama acknowledged that the US has a special responsibility to act on climate change in response to our ethical obligations, not our national interests alone , in proportion to our responsibility as a matter of distributive justice and our obligations to future generations while at the same time assisting vulnerable developing nations to adapt to the inevitable adverse climate impacts that now can not be avoided.

President Obama also ended his speech with a call to recognize the sacred importance of protecting Earth by recalling the astonishment of the astronauts when they saw the Earth from outer space as they came around the moon for the first time.

For while we may not live to see the full realization of our ambition, we will have the satisfaction of knowing that the world we leave to our children will be better off for what we did.

“It makes you realize,” that astronaut said all those years ago, “just what you have back there on Earth.” And that image in the photograph, that bright blue ball rising over the moon’s surface, containing everything we hold dear — the laughter of children, a quiet sunset, all the hopes and dreams of posterity — that’s what’s at stake. That’s what we’re fighting for. And if we remember that, I’m absolutely sure we’ll succeed.

And so as, a matter of ethics, Obama’s speech was laudable and historically significant in many respects. That is not to say, however, that the Obama speech cannot be criticized for some omissions in regard to the US’s ethical obligations for climate change. These omissions included: (a) the lack of recognition that dependence on natural gas as a bridge fuel for reducing the US carbon footprint raises several ethical questions, a matter reviewed here in detail, (b) acknowledgment of the US special responsibility for climate change for its unwillingness to take action on climate change for over 20 years since it ratified the United Nations Framework Convention on Climate Change in 1992, see, The World Waits In Vain For US Ethical Climate Change Leadership As the World Warms, and, (c) failing to communicate the extreme urgency of quickly and significantly reducing ghg emissions in the next few years to give the world any hope of avoiding dangerous climate change, see, On the Extraordinary Urgency of Nations Responding To Climate Change on the Basis of Equity. In this regard, Obama’s speech utterly failed to acknowledge the magnitude of the ghg emissions reductions that are ethically required of the United States in the next decade.

And so, all in all, the Obama speech can be praised for its express recognition of many of the ethical ethical obligations entailed by climate change despite some quibbles about a few ethical issues not covered well.

As was expected, the political opposition in the US to the speech was rapid and intense. For instance Senate Minority Leader Mitch McConnell, R-Ky., said that Obama’s plan on climate change was was a “war on coal” and on jobs.

Senator Joe Manchin, D-WV, went further saying that the Obama climate plan was not just a “war on jobs” and a “war on West Virginia,” but also, a “war on America.”

Senator James Inhofe, R-Ok, who has consistently claimed that the mainstream scientific view on climate is a “hoax,” said the Obama plan will cost the US economy $400 billion a year while ranting about other aspects of the Obama climate plan.

The most frequent justifications for the strong opposition to the Obama climate plan have been the claimed severe economic harms to the US economy, lack of scientific certainty on adverse climate impacts, and the inability of the United States acting alone to prevent climate change.

As we have explained in considerable detail before, these excuses utterly fail to withstand minimum ethical scrutiny.

Economic harm arguments made in opposition to Obama’s climate plan, for instance, even if true, both fail to recognize the ethical obligations that the United States has to not harm others through our ghg emissions and to acknowledge the costs of not acting. US climate policy cannot be based upon US interests alone. The United States has obligations to others. In addition, economic arguments for not acting on climate change ignore obligations that nations have if they are creating human rights violations and duties entailed by distributive justice. These are only a few of the ethical problems with economic arguments made in opposition to US climate change policies. For a detailed ethical analyses of economic arguments made in opposition to US climate change policies, see Ethicsandclimate.org index under Economics and Climate Ethics.

Scientific certainty arguments made in opposition to climate change fail as a matter of ethics for a host of reasons including the fact that almost all of the most prestigious scientific organizations in the world and the vast majority of scientists that do peer-reviewed science support the consensus view that has concluded that climate change is a growing civilization challenging threat to people and ecological systems on which life depends around the world, uncertainty in these situations raises ethical questions about burdens and quantity of proof, those most vulnerable to climate change have not consented to be put at risk from climate change, and the longer the world waits to reduce the threat of climate change the worse the problem becomes. For detailed ethical analysis of scientific uncertainty arguments made in opposition to climate change, see Ethicsandclimate.org index under Scientific Uncertainty and Climate Ethics.

Arguments in opposition to action on climate change based upon the claim that the United States acting alone will not significantly reduce the threat of climate change fails any ethical test because all nations have a duty to act to reduce their emissions to their fair share without regard to what other nations do. For detailed ethical analysis of this issue, see, Ethical Issues Raised By US Blue Dog Democratic Senators’ Opposition to Climate Legislation – When May a Nation Make Domestic GHG Reduction Commitments Contingent on Other Nations’ Actions

And so, the arguments made in opposition to the Obama speech fail to withstand ethical scrutiny.

The US media response to the Obama speech and the political response thereto has once again completely ignored the ethical problems with the strong political opposition to the speech. As we have noted over and over again in regard to the US media coverage of the US response to climate change, the US press is utterly failing to cover ethical issues entailed by opposition to climate change policies in the United States. This is particularly true of economic and scientific uncertainty arguments made in opposition to proposed US climate change policies. Nor is the US press covering ethical issues entailed by the urgency and magnitude of the need to reduce ghg emissions given that the world is likely running out of time to prevent warming of 2 degrees C, a warming amount which is widely believed could create rapid, non-linear climate change. For a discussion of this issue, see: On the Extraordinary Urgency of Nations Responding To What Equity Requires of Them In Their Responses to Climate Change.

One might ask why the US media is failing to cover the obvious ethical questions raised by climate change issues given that the ethical issues have profound consequences for climate change policy and climate change raises obvious civilization challenging ethical issues. We might ask why the US press is failing to cover the ethical and justice issues entailed by climate change given that vulnerable countries around the world have been screaming for developed nations including the United States to respond in accordance with their ethical obligations. Is the US press so connected to the economic interests of the United States, that it is blind to the US ethical obligations for climate change? If the US press has not been corrupted by the economic interests of the United States, the only plausible explanation for the US media’s failure to cover the ethical issues raised by climate change is that the reporter’s covering climate change don’t understand the civilization challenging ethical issues raised by climate change. If this is the explanation, there is a huge practical need to demand that the US press turn up the volume on the ethical dimensions of climate change.

By:

Donald A. Brown

Scholar In Residence,

Widener University School of Law.

dabrown57@gmail.com

Equity Remains At The Center of Bonn Climate Change Talks

Posted on June 16, 2013 by dabrown57

In a recent article in Ethicsandclimate.org, we explained why there is an urgent need of nations to respond to climate change be reducing their greenhouse gas emissions to levels required of them by “equity” to give the world any hope of limiting warming to tolerable amounts. On the Extraordinary Urgency of Nations Responding To Climate Change on the Basis of Equity

This article was written to explain in simple terms why national responses on the basis of equity are an indispensable ingredient in any global solution to climate change. This article was also written because the media in the United States and other parts of the world are utterly failing to explain the importance of equity in national responses to climate change. This failure makes it easier for economic interests who perceive that they will be harmed if a nation reduces its carbon emissions to manipulate the public with such arguments as the United States should not reduce its emissions because China is the largest polluter in the world. Citizens around the world need to understand that all nations have a duty to reduce their emissions to levels required of them by equity regardless of what other nations do to retain any reasonable hope of finding a global solution to climate change.

Since posting this article, nations have met under the United Nations Framework Convention on Climate Change (UNFCCC) in Bonn in early May, 2013 and in the first two weeks of June. In these meetings, equity continued to be a major focus of concern because of increasing scientific awareness of the urgent need of nations to increase their ambition in their greenhouse gas (ghg) emissions reduction commitments to have any hope of preventing dangerous climate change.

Equity was not the only important issue under consideration at the Bonn meetings. Other significant issues under discussion were loss and damages, REDD (reducing emissions from deforestation and forest degradation), market mechanisms under the UNFCCC, NAMAs (nationally appropriate mitigation actions for developing countries), and technology transfer, and completion of the architecture for the second commitment period under the Kyoto Protocol.

However, perhaps the most important issues in discussion in Bonn were those relating to structuring a new global climate change treaty that the world has agreed to complete by 2015 in Paris under the Ad Hoc Working Group on the Durban Platform referred to by acronym ADP. These discussions focused on finding agreement on pre-2020 ambition national emissions reductions commitments and a framework for post-2020 agreement, carried out in two different work streams.

Parities working under the ADP are working to get a comprehensive deal by the 2015 deadline. The Bonn meeting marked the beginning of that “road to Paris” where 2015 COP-21 that is expected to finalize a new climate change agreement with legal significance that will come into force in 2020 .

Parties at the May Bonn meeting stressed the need for nations to align their commitments on the basis of equity as required by the UNFCCC. During the May Bonn meeting some developing countries argued in behalf of a proposal by Brazil that developed countries must take the lead on emissions reductions that took into account historical responsibility.

Other equitable frameworks were also discussed in May including frameworks known as “contraction and convergence,” “greenhouse development rights,” the “Indian Proposal,” and others.

There was also discussion on a new framework that is based upon the idea that all people everywhere should have the same right to use global atmospheric space.

A number of Parties spoke of the urgent need to close the ambition gap, as well as the quantification of the amount of adaptation that will be required in the light of the current scientific assessment of adaptation needs should current commitments not be met.

At the just concluded Bonn meeting in June, there was very little progress made in getting nations to increase their ambition based upon equity or on agreement about what equity requires. Although the June Bonn meeting saw some modest progress on a few issues including REDD, little progress was made on the substantive content of future national commitments under the new treaty to be negotiated by 2015. These issues will be taken up again in Warsaw at the next conference of the parties under the UNFCCC in mid-November.

By:

Donald A. Brown

Scholar in Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

Responding To the Anti-Agenda 21 Disinformation Campaign: A Rigorous Look At The Campaign’s Untruthful Claims.

Posted on June 13, 2013 by dabrown57

abolish the un

Two new documents are available to help those interested in responding to the anti-Agenda 21 campaign that has been the subject of the last two papers on Ethicsandclimate.org that is undermining local and regional land use and sustainable development planning in the United States.

As we have explained in the last two articles, an anti-Agenda 21 campaign has been surprisingly successful in the United States in undermining land-use, transportation, and energy planning at the local and regional level. The Tea Party in the United States appears to have a new focus: they are fighting local and regional government land-use and sustainable development planning on the basis that it is part of a United Nations plot to undermine national sovereignty and impose a Marxist/socialist new world order.

The first article in this series on Ethicsandclimate.org described the rapid success of this phenomenon and critically looked at four claims frequently made by this campaign. The second article continued the critical examination of nine additional claims frequently made by anti-Agenda 21 activists. The second paper also reviewed the anti-Agenda campaign’s claims as a matter of ethics.

Although the claims that have been made by activists in the Anti-Agenda 21 campaign are so looney, absurd, and woefully ignorant of international law that some who have been aware of this recent development in US history have chosen to ignore it on the basis that it could never achieve traction in a modern democracy in the 21rst Century. Yet as we have explained in considerable detail in past articles in this series, the anti-Agenda 21 campaign has been remarkably successful in the last two years in preventing local communities from implementing plans necessary to achieve their democratically derived community aspirations concerning. among other things, protection of air and water quality, reducing traffic congestion, creating bike lanes, improving public transportation, reducing carbon emissions that are contributing to climate change, and land-use and energy planning.

As we have demonstrated in the past two articles, the claims made by the anti-Agenda 21 campaign are directly contradicted by the text of Agenda 21. They are also deeply misleading about what Agenda 21 is, its legal affect on the the United States, and staggeringly inconsistent with international law.

A new paper is now available that combines the previous two entries in Ethicsandclimate.org while expanding on them. This paper is designed to be a rigorous reference for those who want to respond to the claims of the anti-Agenda 21 campaign in detail.

This first paper is:

TheAnti-Agenda21 Disinformation Campaign in the United States: An Ethical Critique of an Attack on Sustainability

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2277882

Also available is a one page paper that can be used more easily by those interested in responding to this campaign. This one page paper is a summary of the longer paper above. The paper is:

Responses to Claims Made By The Anti-Agenda 21 Campaign

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2279098

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

Agenda 21: A Guide for the Perplexed: Disinformation Campaign About Sustainable Development Emerges In the United States

Posted on March 31, 2013 by dabrown57

Editor’s note: The following guest entry by Professor John Dernbach of Widener University School of Law is being reproduced here because it is a response to an emerging disinformation campaign about sustainable development that appears to be growing in the United States recently. This attack on sustainability and reasonable land use planning raises many of the same ethical issues discussed frequently on Ethicsandclimate under the topic of “climate change disinformation campaign.” Future posts on this web site will further develop the ethical issues entailed by this kind of attack on sustainable development because such attacks raise ethical issues for climate change policy formation as climate change policies should consider environmental, economic, and social goals of policies, the essential idea of sustainable development. In the following post, Professor Dernbach explains the emerging disinformation campaign which untruthfully characterizes Agenda 21, the international agreement on sustainable development which was finalized at the 1992 Earth Summit in Rio de Janeiro. The attacks attempt to convince citizens and local and regional governments that reasonable land use planning is the implementation of a United Nations scheme that will decrease individual liberty and diminish property rights. This post was originally posted on the website of the American College of Environmental Lawyers at http://www.acoel.org/post/2013/03/27/AGENDA-21-A-GUIDE-FOR-THE-PERPLEXED-.aspx

Agenda 21: A Guide for the Perplexed

At a local government meeting on a land use plan, officials hear opposition based on the claim that it is tainted by Agenda 21. A state public utility commission considering smart meters hears similar claims. They are confused: what is Agenda 21 and why does it matter?

A well organized campaign against Agenda 21, spread by the Tea Party, Glenn Beck, and the John Birch Society, exists well outside the realm of ordinary environmental law work. But it is beginning to affect that work. The real target of this campaign, moreover, is not Agenda 21 but sustainable development—a common sense approach to reconciling environment and development that provides the basis for our environmental and land use laws. Environmental lawyers thus need a basic understanding of what Agenda 21 is and what it is not.

Agenda 21 is a comprehensive public strategy for achieving sustainable development. It was endorsed by the U.S. (under the presidency of George H.W. Bush) and other countries at the U.N. Conference on Environment and Development in 1992. Agenda 21 stands for two broad propositions: 1) environmental goals and considerations need to be integrated into all development decisions, and 2) governments and their many stakeholders should work out the best way to integrate environment and development decisions in an open and democratic way.

Agenda 21 contains an almost encyclopedic description of the best ideas for achieving sustainable development that existed in 1992. On land use, it specifically counsels respect for private property. It contains a detailed description of the role that many nongovernmental entities, including business and industry, farmers, unions, and others, should play in achieving sustainability.

Agenda 21 endorses, and to a great degree is based upon, ideas that were already expressed in U.S. environmental and natural resources laws. Its core premise is espoused in the National Environmental Policy Act of 1969. Long before Agenda 21, NEPA set out “the continuing policy of the Federal government” to “create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans” (42 U.S.C. § 4331).

Ironically, Agenda 21 was never taken seriously as such in the United States; there has never been much enthusiasm here for following international agreements. It is not a legally binding treaty; it contains no provisions for ratification, for example. Agenda 21 also says nothing about new ideas like green building, smart growth, and smart meters. But sustainable development as an idea—achieving economic development, job creation, human wellbeing, and environmental protection and restoration at the same time—is gaining traction.

In response, opponents are attacking sustainability by making false statements about Agenda 21. They say that Agenda 21 is opposed to democracy, freedom, private property, and development, and would foster environmental extremism. For many opponents, the absence of a textual basis in Agenda 21 for such claims (in fact, the text explicitly contradicts all of these claims) is not a problem. First, they are attacking a document that is not well known, and so they count on not being contradicted. Second, the false version of Agenda 21 fits a well known narrative that is based on fear of global governance and a perceived threat of totalitarianism, and on distrust of the United Nations. Indeed, the absence of information to support such fears only deepens their perception of a conspiracy. According to this view, moreover, people who talk about sustainable development without mentioning Agenda 21 are simply masking their true intentions.

Far-fetched, you say? Well, consider this: in 2012, Alabama adopted legislation that prohibits the state or political subdivisions from adopting or implementing policies “that infringe or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to ‘Agenda 21’” (Ala. Code § 35-1-6). This, of course, could chill a variety of otherwise ordinary state and local decisions. Similar bills are pending in state legislatures across the country.

In a variety of other places, elected officials and professional staff who have worked with stakeholders for years to produce specific land use and energy proposals find their work mischaracterized as the product of Agenda 21, even though they have never heard of it. Agenda 21’s lack of direct relevance to the specific proposals should, but does not always, provide an answer to such claims.

The campaign against Agenda 21 has no serious empirical or textual foundation. But it can work against sustainability and good decisions—and cost time and money—when clients and their lawyers don’t recognize it for what it is.

By:

Professor John Dernbach

Distinguished Professor

Widener University School of Law.

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?

Posted on January 30, 2013 by dabrown57

I. Introduction. The French philosopher Diderot said that skepticism in all things is the first step on the road to the truth. Although responsible scientific skepticism about climate change science is a good thing that should be encouraged, as we have written about frequently on Ethicsandclimate.org, there has been a well-organized, well-funded disinformation campaign about the science of climate change that has used tactics that are deeply ethically reprehensible. In this entry we continue to explore how society should classify this very harmful development.

The tactics deployed by this campaign are now all well documented in the books and peer-reviewed sociological literature identified in the Appendix to this article. The tactics used by the climate change disinformation campaign have included the following ethically abhorrent tactics:

Lying or reckless disregard for the truth
Cherry picking the science
Cyber-bullying and ad hominem attacks on scientists and journalists
Manufacturing bogus, non-peer-reviewed science in ideological organized conferences and publications that don’t subject conclusions to peer-review
The use of ideological think tanks to promote the views of ideological skeptics
The use of front groups and fake grass-roots organizations known as Astroturf groups that hide the real parties in interests
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

These tactics obviously do not constitute responsible scientific skepticism but disinformation, misinformation, propaganda, and even intimidation in the case of cyber-bullying.

EthicsandClimate.org has described this disinformation campaign in a four part paper series and a three part video series that has examined these ethically abhorrent tactics in considerable detail.

The four part written series can be found at:

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

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

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

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

The three part video series can be found at:

Why The Climate Change Disinformation Campaign Is So Ethically Abhorrent.

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

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

In this entry we continue to examine how we should classify this kind of disinformation, an important question because the disinformation campaign is, we believe, a new kind of assault on humanity which raises questions about how we should classify it and how society should sanction disinformation about potentially very harmful human behavior. We first examine the basis for claiming that the disinformation campaign is a crime against humanity.

II. Crime Against Humanity

Because the international community has lost over twenty years in developing an adequate solution to climate change, a matter discussed in considerable detail in this writer’s recent book Climate Change Ethics, Navigating the Perfect Moral Storm, in no small measure due to the climate change disinformation campaign and given that the international community is now running out of time because of this delay to prevent dangerous climate change, the disinformation campaign is likely responsible for huge quantities of human suffering. That is this delay is causing or increasing the severity of droughts, floods, adverse human health impacts, intense storm damage, and heat related deaths among others adverse impacts. Without doubt the failure to act in the last twenty years is putting hundreds of millions of people at great risk including some the world’s poorest people and the ecological systems on which their lives depend.

Given the scale of these impacts, what sense can be made of a claim that the tactics of the disinformation campaign (to be distinguished from responsible scientific skepticism) is some new kind of crime against humanity.

Crimes against humanity are understood to be grave offenses that are part of a widespread or systematic attack against a civilian population.

In 2002, the International Criminal Court (ICC) was established in The Hague (Netherlands) and the Rome Statute provides for the ICC to have jurisdiction over genocide, crimes against humanity, and war crimes. The definition of what is a “crime against humanity” are contained in Article 7 of the Rome Statute which says that:

For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, or gender, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Thus far only these very odious acts have been recognized as crimes against humanity. Furthermore only crimes that have been committed in nations that have consented to the jurisdiction of the International Criminal Court (ICC) may be prosecuted in the ICC. Because the United States has not consented to the ICC and many of the activities of the disinformation campaign have taken place in the United States, it is not likely that fossil fuel companies who have participated in in the disinformation campaign could be prosecuted for a crime against humanity even if the court construes the tactics of the disinformation campaign as “inhumane acts of a similar character intentionally causing great suffering.” Furthermore it is not clear that the disinformation campaign constitutes a “systematic attack against a civilian population” as defined in the ICC statute. Therefor although the disinformation campaign can be understood as a new kind of assault on humanity, it does not obviously fit the definition of crime against humanity under the ICC.

And so, although a strong case can be made that the intentional acts of those participating in the disinformation campaign are metaphorically some kind of new crime against humanity, it is not likely that these acts would be construed to be legally prosecutable as crimes against humanity under existing international law.

Before accusing someone of a crime, it is also necessary to be able to prove that they knew or should have known that that they were misleading people in ways that could cause damage or harm. One might ask whether anyone engaging in the tactics discussed in this series on the disinformation campaign is ethically blameworthy. Some skeptics, for instance, who engage in the ethically dubious practice of stressing unknowns while ignoring the large body of well-settled science are simply expressing their opinions or their interpretations of what they know about the science. If people have a right to free speech, it follows that people should be able to express their views on climate science freely, even if their views are based upon incomplete knowledge of the peer-reviewed science on which the consensus view has been based.

Yet there is abundant evidence that some of those participating in climate change disinformation campaign were being advised by scientists advising them that the mainstream scientific view was entitled to strong scientific respect, yet they persisted in spreading claims that there was no scientific basis for concern about human-induced climate change.

Furthermore, those funding the disinformation campaign consistently funded organizations and individuals that were regularly making demonstratively false claims about the state of climate change science or claims made in reckless disregard for the truth.

And so, some of the activities of those engaged in the disinformation campaign could likely be prosecuted on criminal grounds provided a court had jurisdiction to make criminal determinations in such matters under a law that criminalized known false claims about very dangerous behavior. Given the immensity of the harm from the climate change disinformation campaign, a case can be made that new laws criminalizing disinformation on matters as dangerous as climate change are warranted where the disinformation is transmitted to protect economic interests.

III. Civil Liability Under Common Law for Disinformation

A tort is a violation of civil duties, that is a tort, in common law jurisdictions, is a civil wrong. Tort law deals with situations where a person’s behavior has unfairly caused someone else to suffer loss or harm. A tort is not necessarily an illegal act but an act that causes harm. The law allows anyone who is harmed to recover their loss.

We begin with a specific case, Kivalina vrs ExxonMobil Corporation, because although this case has now been dismissed, the plaintiffs in this case set out in the complaint assertions they claimed they could prove about the actions of the defendants actions, the majority of which were fossil fuel companies, that are are relevant to to the disinformation campaign.

Kivalina v. ExxonMobil Corporation, et al. is a lawsuit filed on February 26, 2008 in a US district court asking for climate change damages from flooding to the Alaskan village of Kavalina. This case has subsequently been dismissed by the US Court of Appeals for the Ninth Circuit in October of 2012 on the basis that climate change raises political issues that need to be decided by legislative action rather than by a court.

Nevertheless, the allegations made by the plaintiff, an Alaskan village, asserted that some of the defendants including ExxonMobil Corporation, BP America, Inc., Chevron Corporation, ConocoPhillips Company, Peabody Energy Corporation, American Electric Power Company, Inc, Duke Energy Corporation, and The Southern Company, conspired to misinform the public on the science of climate change either individually or through their various front groups or industry trade associations. The complaint in this case further asserted that the object of the conspiracy was to create unwarranted doubts about the existence of global warming and its causes among the public and that the defendants did this to protect their economic interests.

The plaintiffs also claimed that some of the defendants have conspired to mislead the public about the science of global warming creating flooding harms to the Village of Kivalina.

The plaintiffs alleged that the defendants also funded “front groups,” including phony citizens’ organizations and bogus scientific bodies, to regularly publish views expressing doubts about global warming in mainstream publications such as the Wall Street Journal. The plaintiffs also alleged that the defendants funded and circulated misleading advertising which questioned the “science” of global warming and human causation. The plaintiffs also alleged that defendants coordinated a “skeptics campaign” that include funding for energy industry groups and other public policy organizations which voiced skepticism regarding global warming, creating the appearance of numerous independent voices speaking out against global warming.

The plaintiffs further claimed that the defendants engaged in a civil conspiracy by and through agreements to participate in the intentional creation, contribution to and/or maintenance of a public nuisance through global warming by undermining the public’s understanding of climate change science.

The plaintiffs also alleged that the fossil fuel companies were being told by scientists that were advising them that climate change was a serious threat, yet they continued to fund projects which sought to undermine the science.

The court finally dismissed the case on the ground that the “the solution to Kivalina’s dire circumstances must rest in the hands of the legislative and executive branches of our government, not the federal common law.” Kivalina may be the last blow for parties that are seeking to address climate change via the federal common law. Kivalina was the last in a series of cases seeking to recover damages from climate change under theories of liability for a public nuisance. These other cases also have been dismissed on the grounds that climate change liability is a matter that must be resolved by legislatures not courts. The opinion in the Kivalina case makes it clear that both abatement actions and monetary damage actions pertaining to greenhouse gas emissions have been displaced by the Clean Air Act. Most observers have concluded that public nuisance litigation in the future will likely be litigated in the states, where common law public nuisance actions are still viable although efforts to address climate change via state common law have been unsuccessful (at least so far).

The apparent reasoning followed by the court in this case is that there is no right to damages from climate change under the theory of public nuisance in federal courts because climate change emissions now must be regulated under the federal Clean Air Act. In other words, federal statutory law has preempted the way in which greenhouse gas emissions will be regulated and the penalties that will be allowed for excess emissions. Such a decision is not understood to conclude that the defendants have not been harmed by the conspiracy of the defendants to mislead the public, only that there is no right to recover damages from this harmful behavior in US federal courts using common law tort theories.

And so the tactics employed by fossil fuel companies to undermine the public’s understanding of mainstream scientific conclusions about climate change may be a wrong without a civil remedy for damages under common law, at least in the United States. It is not clear, however, that civil liability for disinformation may not be adjudicated in courts outside the United States. Only time will tell.

Because climate change damages are likely to be so catastrophic for some people in some places, a case can be made that governments should create statutes that would impose severe financial penalties on parties that spread false information about very harmful behavior such as spreading misinformation about climate change.

Part II in this series will look at other legal theories for responding to the disinformation including human rights theories.

IV Conclusion

Thus far we have shown that although the climate change disinformation campaign is equal in destructive power to many human activities that are classified as crimes against humanity, yet the current international legal regime for prosecuting crimes against humanity does not provide an adequate remedy for climate change caused damages that have been caused by those participating in the disinformation campaign. This is so despite the fact that there is strong evidence that at least some of those participating in the disinformation campaign knew or should have known that they were spreading false information about the enormous threat of climate change and did so to protect economic interests.

We have also seen, there appears to be no civil law remedy for damages that tens of millions will experience at least in part because of tactics of the disinformation campaign. Yet a strong case can be made that there should be some civil legal remedy for those who have been harmed by the those responsible for the disinformation campaign.

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

Appendix

Anderegg, William R. L., James W. Prall, Jacob Harold and Stephen H. Schneider. 2010. “Expert Credibility in Climate Change.” Proceedings of the National Academy of Sciences 107 (27):12107-12109.

Beder, Sharon. 1999. “Corporate Hijacking of the Greenhouse Debate.” The Ecologist 29 (March/April):119-122.

Bedford, Daniel. 2010. “Agnotology as a Teaching Tool: Learning Climate Science by Studying Misinformation.” Journal of Geography 109:159-165.

Bradley, R. 2011, “Global Warming and Political Intimidation, How Politicians Cracked Down On Scientists as the Earth Heated Up”, University of Massachusetts Press, 2011,

Dieltham, Pascal and Martin McKee. 2009. “Denialism: What Is It and How Should Scientists Respond?” European Journal of Public Health 19 (1):2-4.

Dunlap, Riley E. and Aaron M. McCright. 2008. “A Widening Gap: Republican and Democratic Views on Climate Change.” Environment 50 (September/October):26-35.

Dunlap, Riley E. and Aaron M. McCright. 2010. “Climate Change Denial: Sources, Actors and
Strategies.” Pp. 240-259 in Constance Lever-Tracy (ed.), Routledge Handbook of Climate Change and Society. London: Routledge.

Dunlap, Riley E. and Aaron M. McCright. 2011. “Organized Climate Change Denial.” Pp. 144-160 in J. S. Dryzek, R. B. Norgaard and D. Schlosberg (eds.), The Oxford Handbook of Climate Change. London: Oxford.

Edwards , P., 2010, “A Vast Machine, Computer Models, Climate Data, and the Politics of Global Warming,” MIT Press, Cambridge, Mass.

Freudenburg, William R., Robert Gramling, and Debra J. Davidson. 2008. “Scientific Certainty Argumentation Methods (SCAMs): Science and the Politics of Doubt.” Sociological Inquiry 78:2-38

Hoggan, J, 2009, “Climate Cover Up, The Crusade To Deny Global Warming”, , Greystone Books, 2009

Hoffman, Andrew J. 2011. “Talking Past Each Other? Cultural Framing of Skeptical and Convinced Logics in the Climate Change Debate.” Organization & Environment 24:3-33.

Jacques, Peter, Riley E. Dunlap and Mark Freeman. 2008. “The Organization of Denial: Conservative Think Tanks and Environmental Skepticism.” Environmental Politics 17:349-385.

Lahsen, Myanna. 1999. “The Detection and Attribution of Conspiracies: The Controversy over Chapter 8.” Pp. 111-136 in G.E. Marcus (ed.), Paranoia Within Reason: A Casebook on Conspiracy as Explanation. Chicago: University of Chicago Press.

Lahsen, Myanna. 2005. “Technocracy, Democracy, and U. S. Climate Politics: The Need for Demarcations.” Science, Technology & Human Values 30:137-169.

Lahsen, Myanna. 2007. “Experiences of Modernity in the Greenhouse: A Cultural Analysis of a Physicist “Trio” Supporting the Backlash Against Global Warming.” Global Environmental Change 18:204-219.

Lynch, Michael J., Ronald G. Burns and Paul B. Stretsky. 2010. “Global Warming and State-Corporate Crime: The Politicization of Global Warming under the Bush Administration.” Crime, Law and Social Change 50:213-239.

McCright, Aaron M. and Riley E. Dunlap. 2000. “Challenging Global Warming as a Social Problem: An Analysis of the Conservative Movement’s Counter-Claims.” Social Problems 47:499-522.

McCright, Aaron M. and Riley E. Dunlap. 2003. “Defeating Kyoto: The Conservative Movement’s Impact on U.S. Climate Change Policy.” Social Problems 50:348-373.

McCright, Aaron M. and Riley E. Dunlap. 2010. “Anti-Reflexivity: The American Conservative Movement’s Success in Undermining Climate Science and Policy.” Theory, Culture and Society 26:100-133.

McCright, Aaron M. and Riley E. Dunlap. 2011. “The Politicization of Climate Change and Polarization in the American Public’s Views of Global Warming, 2001-2010.” Sociological Quarterly 52:155194.

McCright, Aaron M. and Riley E. Dunlap. “Cool Dudes: The Denial of Climate Change among Conservative White Males.” Global Environmental Change 21: In press. doi:10.1016/j.gloenvcha.2011.06.003

Mooney, C., 2005, “The Republican War On Science,” Chris Mooney, Basic Books. 2005

Oreskes, Naomi and Erik M. Conway. 2008. “Challenging Knowledge: How Climate Science Became a Victim of the Cold War.” Pp. 55-89 in R. N. Proctor and L. Schiebinger (eds.), Agnotology: The Making and Unmaking of Ignorance. Stanford, CA: Stanford University Press.

Oreskes, Naomi, Erik M. Conway, and Matthew Shindell. 2008. “From Chicken Little to Dr. Pangloss: William Nierenberg, Global Warming, and the Social Deconstruction of Scientific Knowledge.” Historical Studies in the Natural Sciences 38: 109-52.

Oreskes, Naomi, and Erik M. Conway. 2010. “Merchants of Doubt: How a Handful of Scientists Obscured the Truth on Issues from Tobacco Smoke to Global Warming” New York: Bloomsbury Press.

Pooley, E., 2010, “Climate War, True Believers, Power Broakers and The Fight to Save the Earth,” Hyperion,

Powell, James Lawrence. 2011. “The Inquisition of Climate Science”. New York: Columbia University Press.
Washington, Haydn and John Cook. 2011. “Climate Change Denial: Heads in the Sand”. London: Earthscan.

Weart, Spencer. 2011. “Global Warming: How Skepticism Became Denial.” Bulletin of the Atomic Scientists 67 (1):41-50.

A Video: Even Monkeys Would Get Climate Change Justice. Why Don’t Governments and the Press?

Posted on November 25, 2012 by dabrown57

Many of the positions taken by some governments and individuals on climate change are so obviously unjust and unfair, that monkeys would get the injustice this video argues. Monkeys are believed to be capable of responding to obvious unfairness as this video demonstrates when one monkey is given a cucumber (which monkeys don’t like that much) and another is give a grape (which some monkeys love). The monkey who gets the cucumber throws it back at the trainer when the monkey sees the other monkey getting a beloved grape.

The more serious point of this video is that those who desire to see that ethics and justice become more influential in climate change policy formation need to help others spot the injustice of actual positions being taken by governments and others on climate change policy issues rather than focus on perfect justice. Many positions of governments on climate change fail to pass minimum ethical scrutiny yet ethics and justice issues are largely being ignored in discussions of climate change policies at least in the United States. Although there is a growing literature on the ethical dimensions of climate change, most of this literature is focused on theoretical ethical questions rather than on the injustice of positions actually being taken about climate policies.

A new book, Navigating the Perfect Moral Storm, Climate Change Ethics, explains these matters in more detail and makes recommendations about how to give ethical consideration in climate change policy formation.

The purpose of this video is to encourage the press, NGOs, and concerned citizens around the world to turn up the volume on the ethical dimensions of climate change. Despite a thirty-five year debate on climate change, for the most part, governments, NGOs, organizations, and individuals are ignoring the ethical dimensions of climate change even though an increased focus on ethics and justice is needed to move the world to a global solution to this immense threat. The video argues that ethics is the crucial missing element in the climate change debate and if an ethical framing of most climate change policy issues were taken seriously it would transform how the public debate on climate change takes place.

By:

Donald A. Brown

Scholar In Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

Qatar: Linking Increasing the Ambitiousness Of National Emissions Reductions Commitments To Equitable Responsibilities

Posted on November 19, 2012 by dabrown57

The international climate negotiations to take place in Qatar next week will seek to make progress on increasing the ambitiousness of national commitments on greenhouse gas emissions reductions. In Durban last year the international community created the Ad Hoc Working Groups on the Durban Platform (ADP). ADP has been charged with developing a protocol, another legal instrument or an agreed outcome with legal force, under the Convention applicable to all Parties. The ADP is to complete its work as early as possible but no later than 2015 in order to adopt this protocol, legal instrument, or agreed outcome with legal force at COP-21 so it will come into effect and be implemented from 2020.

One of the goals of the ADP is to obtain increased ambition on national emissions reductions commitments. Greatly increasing the ambition of nations to commit to greenhouse gas reductions is believed to be vital because the scientific community is convinced that the world is running out of time to prevent dangerous climate change.

Significantly increasing national commitments to reduce emissions is widely understood to be urgent because nations have not made commitments to reduce their emissions to levels that will prevent 2°C of additional warming, a temperature limit that has been adopted by all nations under the UNFCCC as the maximum amount of warming that should be tolerated to prevent dangerous climate change. Even though many scientists believe that the warming limit should be 1.5 °C or even 1.0°C to prevent dangerous climate change, the emissions reductions commitments that have been made under the UNFCCC fall far short of achieving the 2°C warming limit. For this reason, parties to the UNFCCC in Durban last year agreed that advanced ambition on greenhouse gas emissions reductions is urgently needed and should be the goal of future international climate change negotiations.

Many observers of the climate change negotiations also believe the nations will not make more ambitious commitments to reduce their domestic greenhouse gas emissions commitments until nations take the requirement under the UNFCCC to reduce their emissions based upon “equity” seriously. This is so because developing countries are not likely to greatly increase their emissions reductions commitments as long as developed countries refuse to base their emissions reductions commitments on what justice requires of them. For this reason there is a growing call for, not only increasing the ambitiousness of emissions reduction commitments, but also for nations to take “equity” seriously.

All nations have agreed under the UNFCCC to reduce their greenhouse gas emissions based upon “equity” although almost all nations have yet to respond to climate change on the basis of “equity. More specifically nations agreed under the UNFCCC that:

”The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof.”

(UNFCCC, 1992: Art 3)

II. The Bonn Meeting on “Equity”

Because there is a growing recognition of the need to take “equity” seriously, the UNFCCC Secretariat held a meeting in Bonn in May of this year to encourage nations to exchange views on the meaning of “equity”.

As we shall see very divergent approaches to the meaning of equity were articulated at the Bonn meeting. A full report on the meeting was prepared by the UNFCCC secretariat (UNFCCC 2012). Here is a sampling of some proposed approaches to understanding “equity” made by presenters at the Bonn meeting:

The UNFCCC executive secretary Christiana Figueres invited parties to consider three aspects of equity in relation to the global emissions reductions: (1) country circumstances, (2) historical and future contributions to global omissions, and (3) capacity to address climate change.

Bangladesh repeated the claim frequently made by developing nations that developed countries have the primary responsibility to develop a low carbon economy and society.

China explained that the developed countries have “over-occupied” most of the existing atmospheric space through their cumulative emissions, transferring responsibility onto developing countries and creating a new form of inequality.

Singapore stressed the need to define equity in light of different national circumstances such as the fact that Singapore is disadvantaged in terms of the availability of alternative energy sources.

Brazil stressed historical responsibility as an important component in defining equity.

The EU identified the goal of a future regime as enabling all parties to achieve sustainable development, poverty eradication, and climate resilient growth. The EU argued that equity needed to be interpreted in a way that reflects nations’ common but differentiated responsibilities and respective capabilities.

The United States argued that equity should not be defined through a formulaic approach. The United States underlined the common understanding that equity is about fairness and a fair distribution of efforts, and that no one can be asked to sacrifice their development. The United States argued that the focus of equity should be on development and opportunities for growth, and not on the division of the carbon space. The United States argued that a qualitative concept, such as equity, should not be forced to fit into one formula.

(UNFCCC 2012)

And so the Bonn meeting made little progress in developing an international agreement on the meaning of “equity.” However, several parties recommended that a decision on this matter should be taken at the United Nations Climate Change Conference in Doha, Qatar. Other parties recommended that a follow-up workshop under the UNFCCC might be another option to continue the dialogue on this matter.

Ethicsandclimate.org will be reporting on this from Qatar. We will also recommend that specific questions should be asked of nations about their positions on equity and we are organizing a program on this on December 5^th in Qatar.

References:

UNFCCC (1992) United Nations Framework Convention on Climate Change, http://unfccc.int/essential_background/convention/background/items/1349.php

UNFCCC (2012) Report on The Workshop on Equitable Access to Sustainable Development, http://unfccc.int/resource/docs/2012/awglca15/eng/inf03r01.pdf

By:

Donald A. Brown

Scholar In Residence,

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

Qatar Climate Change Negotiations: An Open Letter To US President Obama From the World’s Poorest Nations.

Posted on November 15, 2012 by dabrown57

I. Introduction

Over the next few weeks EthicsandClimate.org will be focusing on the upcoming Qatar climate negotiations, the 18th Conference of the Parties (COP-18) that will be held from November 26th to December 7th. In future entries, we will discuss in detail COP-18’s progress in achieving a global solution to climate change particularly to see the extent to which this meeting makes progress on the following minimum criteria for any post-Kyoto agreement that ethics requires. That is, we will examine whether the Qatar proceedings:

Obtain commitments on greenhouse emissions reductions sufficient to assure that the international community is on a greenhouse gas emissions reduction pathway that will prevent dangerous climate change. This is sometimes referred to as the environmental sufficiency criteria.

Begin to base differences among national allocations on the basis of equity and justice. This is sometimes referred to as the equity criteria.

Assure that those responsible for climate change provide adequate and predictable adaptation funding to enable developing countries, and in particular the most vulnerable developing countries, to do what is necessary to avoid climate change damages in cases where it is possible to take action and to prevent damages, or be compensated for climate change damages in cases where it is impossible to take protective action. We refer to this as the just adaptation criteria.

As we have argued in the past on EthicsandClimate, the success of any global approach to climate change depends upon the extent to which those countries with the largest emissions are willing to make significant commitments particularly in regard to the three criteria identified above although there are many other issues that will arise in the international climate negotiations that Ethicsanclimate.org will follow. In this regard, the United States in an indispensable element in any satisfactory international climate change regime. For this reason, we begin this analysis of the Qatar COP with the following open letter from some of the world’s poorest countries to US President Obama that was published in the Guardian.

II. Open Letter to US President Obama

Dear President Obama:

As the lead negotiator for the world’s 48 Least Developed Countries (LDCs) in the United Nations climate change negotiations, I congratulate you on your re-election. I also want to express my admiration for your response to superstorm Sandy: without the preparations that you made, the impacts to those hit by the storm would have been even more devastating. As communities in the north-east work to rebuild and recover, the world has an opportunity to begin a new, reality-based conversation about climate change.

I write with a simple request: as this discussion continues in the world’s most developed countries, remember those who live in its poorest regions. Remember that as a result of climate change, this kind of fatal weather event has become commonplace for us while we lack the infrastructure and resources to adequately protect our citizens.

As researchers at Brown University’s climate and development lab have shown, climate-related disasters such as droughts, extreme temperatures, floods, and hurricanes have caused an estimated 1.3 million deaths since 1980. Two-thirds of these deaths (over 909,000) occurred in the least developed countries. We are only 12% of the world’s population, but we suffer the effects of climate-related disasters more than five times as much as the world as a whole.

Given this reality and your early commitment to leading a science-directed discussion about the changing climate, I was surprised that you only mentioned climate change in your re-election campaign a few times, and not once in your three debates with Mitt Romney. We know that 70% of US citizens now recognise the reality of human-caused climate change. As the world’s largest economy, the US has a unique opportunity and responsibility to take bold action on this issue. Indeed, the wellbeing of the citizens of your nation and mine depends on your ability to lead at this critical juncture. It is time to end the climate silence.

Later this month, representatives of the world’s nations will meet in Doha, Qatar, for the annual negotiations on the UN climate change treaty. When you were first elected president, your words gave us hope that you would become an international leader on climate change. But you have not lived up to this promise. The framework that you put in place sets the planet on course to warm dangerously, and delays action until 2020 – this will be too late. This year’s meeting in Qatar may be our last chance to put forward a new vision and plan to reverse this course. Your legacy, and the future of our children and grandchildren depend on it. We ask you to lead in two ways.

First, join with the European Union, the LDCs and the Alliance of Small Island States in taking on ambitious national commitments to reduce climate pollution. Go beyond the commitments that you made in Copenhagen in 2009. The climate is changing faster than we thought, and we must respond with increased ambition.

Second, provide adequate funding to help the LDCs and other vulnerable nations to adapt to this new climate reality. In 2010, the wealthiest countries directed about $1.5bn to help developing countries adapt to a changing climate. Over the same period, they spent over $400bn subsidising fossil fuel industries. They gave the main contributors to human-caused climate change more than 250 times the support they offered those whom it harms most.

Countries from Gambia and Haiti, to Malawi and Bangladesh need the “predictable and adequate” funding promised in Copenhagen so that they can take simple steps to protect their citizens. This means moving drinking water and irrigation wells away from coasts, where saltwater is intruding into aquifers; it includes developing drought-resistant crops and helping small farmers in fragile, semi-arid regions survive. We have to prepare roads and cities, villages and farms for floods, hurricanes and heat waves. We need to equip people with the weather prediction, early warning systems and emergency response that citizens of the developed countries take for granted.

With 20 years of international climate change negotiations behind us, there is simply no longer time or cause for wealthy countries to continue to stall in taking real action to fulfill the promises they have made. Having the wealthy nations reduce their greenhouse gas emissions steeply is fundamental, but helping the poorest of us cope with its impacts is an immediate necessity.

Mr President, remind the world that the devastation of climate change is shared by all its citizens. Remember that this reality is changeable. Make changing it your legacy.

Pa Ousman Jarju is the chair of the Least Developed Countries group at the UN climate change negotiations.

(Guardian, 2012)

References:

The Guardian, (2012) An Open Letter to Obama From the World’s Poorest Countries, http://www.guardian.co.uk/environment/blog/2012/nov/08/obama-climate-change-poorest-countries

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com.