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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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


Donald A. Brown

Scholar in Residence and Professor

Widener University Commonwealth Law School

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


wizardweb of denial


This post identifies three updated 15 minute videos which have previously appeared on this site.  These videos describe, analyze, and respond to controversies about the climate change disinformation campaign. They include descriptions of:

(1) The enormous damage to the world that has been caused by a mostly fossil fuel corporate funded disinformation campaign on climate change,

(2) What is meant by the climate change disinformation campaign, a phenomenon sociologist describe as a “countermovement,”

(3) The tactics of the disinformation campaign,

(4) An explanation of why the tactics of the campaign cannot be excused either as an exercise in free speech or as responsible scientific skepticism,

(5) What norms should guide responsible scientific skepticism about climate change.

Continue reading

Why Exxon’s and Other Fossil Fuel Companies’ Funding of the Climate Change Disinformation Campaign Cannot be Excused As an Exercise in Free Speech but Must be Understood as Morally Reprehensible Disinformation.

The tactics of the fossil fuel industry cannot simply be understood as its exercise of free speech. As we have seen in previous entries on the disinformation campaign on this website the disinformation Campaigns tactics have included:

1. Lying or reckless disregard for the truth about mainstream climate change science.
2. Cherry-picking mainstream climate science by focusing on an issue about which there may be some scientific uncertainty while ignoring a vast body of climate science which is well-settled.
3. Manufacturing non peer-reviewed climate change science claims.
4. The creating think tanks, front groups, and Astroturf groups which widely have disseminated untruthful claims about mainstream climate science and which were created to hide the real parties in interest, members of the fossil fuel industry.
5. Publishing and widely disseminating dubious manufactured climate change scientific claims that have not been subjected to peer-review.
6. Widely attacking mainstream climate scientist and journalists who have called for action on climate change.
7 Cyber-bullying mainstream climate scientists and journalists.

A few of these tactics are always ethically troublesome including creating conservative think tanks, front groups, Astroturf groups, and PR campaigns whose very creation was motivated to fool people about who the real parties in interest are behind claims that  attack mainstream climate science.  These organizations have also manufactured bogus climate science claims, cyber-bullied climate scientists and journalists, and widely published claims about climate change science that have not been subject to peer-review.

Corporations who fund these ethically troubling tactics are particularly ethically loathsome because they are using their economic power to deceive the public and intimidate mainstream scientists and journalists in the pursuit of economic self-interest.

Certain facts about climate change make these ethically obnoxious tactics even more reprehensible. They include the fact that climate change is a problem that the longer governments wait to take action to prevent damage, the worse the problem becomes and the more difficult and more expensive it becomes to solve it. The climate change disinformation campaign has been responsible for at least 30 years of inaction and, as a result, enormous and expensive greenhouse gas reductions are now required of the entire world to prevent potentially devastating and catastrophic climate change impacts. These impacts will likely be most harshly experienced by poor countries around the world which have done very little to cause theca climate problem. In addition, those most vulnerable to the harshest climate impacts have never consented to nor been consulted about waiting until all climate science uncertainties are resolved before action is taken.

For these reasons, just as screaming fire in a crowded theater when no fire exists is not construed to be a justifiable exercise of free speech, climate change science disinformation cannot be justified on free speech grounds and must be understood as the morally indefensible behavior of many fossil fuel companies, some corporations and industry organizations, and free market fundamentalist foundations that have funded the climate change disinformation campaign. Just as It is morally reprehensible to call fire in a crowed theater when there is no evidence of a fire because such reckless behavior will likely cause harm to people panicking to run to safety, telling those responsible for GHG emissions that there is no evidence that human activities are causing and threatening climate induced harms will likely cause great damage because inaction guarantees that atmospheric concentrations of GHG will continue to rise and remain in the atmosphere for thousands of years and likely cause great  harm and perhaps make it  impossible to prevent catastrophic damages to human health and ecological systems on which life depends. In fact not only is the the deceit propagated by the fossil fuel companies and others funding the disinformation campaign unjustifiable on free speech grounds it is so harmful that it may create legal liability for those entities who have funded the disinformation campaign.

Climate change disinformation is responsible for almost a 40 year delay in reducing GHG emissions to safe levels and harsh climate change impacts are already visible in many parts of the world caused by rising seas, much more intense storms, droughts, and floods. And so some of the great harm caused by the climate change denial countermovement is already being experienced even though the most catastrophic climate change harms will be experienced in future decades.


Donald A. Brown

Scholar In Residence and Professor

Widener University Commonwealth Law School

Sociologist Brulle Explains How America has been Duped on Climate Change


As we have explained in numerous articles on this website that can be found under the category of “Disinformation campaign,”. the failure of the United States to respond to the enormous threat of climate change is most likely largely attributable to a morally reprehensible disinformation campaign which has been mostly funded by free-market fundamentalist foundations and fossil fuel companies.  In these articles we have explained that although scientific skepticism is important for science to advance, the climate change disinformation campaign’s tactics can’t qualify as responsible scientific skepticism because the tactics 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 to manufacture claims about scientific uncertainty about climate science which have not been submitted to peer-review,

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

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

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

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

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

In writing about the disinformation campaign, this website has often relied upon the work of Dr. Robert Brulle, a sociologist from Drexel University, and Dr. Riley Dunlap, a sociologist from the University of Oklahoma, along with a few other sociologists who have been examining the climate change disinformation campaign through the lens of sociology for over a decade.

Robert Brulle has just published the following OP-ED in the Washington Post:

America has been duped on climate change

Future generations will look back on our tepid response to global climate disruption and wonder why we did not act sooner and more aggressively. Climate change will adversely impact present and future generations, as well as all species on Earth. Our moral obligation to protect life requires us to act.

Yet even after the recently completed United Nations climate conference, we are still on track for dangerous levels of climate change. Why haven’t we acted sooner or more aggressively? One answer can be found in the split over the veracity of climate science.

Unfortunately, that path wasn’t taken. Instead, in 1989, a group of fossil fuel corporations, utilities and automobile manufacturers banded together to form the Global Climate Coalition. This group worked to ensure that the Kyoto Protocol, an international agreement to limit greenhouse gas emissions, was not adopted by the United States. In public statements, the Global Climate Coalition continued to deny that global warming was occurring and emphasized the uncertainty of climate science.

The spreading of misinformation continued. In 1998, API, Exxon, Chevron, Southern Co. and various conservative think tanks initiated a public relations campaign, the goal of which was to ensure that the “recognition of uncertainties (of climate science) becomes part of the ‘conventional wisdom.’”

While that coalition disbanded in 2001, ExxonMobil reportedly continued to quietly funnel climate misinformation through “skeptic” think tanks, such as the Heartland Institute, until 2006, when its funding was exposed. The company — the nation’s largest and wealthiest — continues to work with the American Legislative Exchange Council, a so-called public-private partnership of corporations and conservative legislators, to block climate change policies.

For years, ExxonMobil had been a participant in public efforts to sow doubt about climate change. Yet at at the same time, the corporation was at the leading edge of climate science and its executives were well informed regarding the scientific consensus on climate change. This allegedly deceitful conduct has generated public outrage and recently led New York’s attorney general to initiate an investigation into whether ExxonMobil has misled the public and investors about the risks of climate change.

While important, these legal proceedings cannot fully address the larger moral issues of corporate social and political responsibility. Just as Congress investigated the efforts of the tobacco industry to dupe the public into believing its products were harmless, we need a full and open inquiry into the conduct of ExxonMobil and the other institutions whose misinformation campaigns about science have delayed our efforts to address climate change.

The central concern here is the moral integrity of the public sphere. The Declaration of Independence says the legitimacy of government is based on the consent of the governed. But when vested interests with outsize economic and cultural power distort the public debate by introducing falsehoods, the integrity of our deliberations is compromised.

Such seems the case today when we consider the fossil fuel industry’s role in distorting discourse on the urgent topic of climate change. If vested economic interests and public relations firms can systematically alter the national debate in favor of their own interests and against those of society as a whole, then the notion of democracy and civic morality is undermined. Congress can and should act to investigate this issue fully. Only then can we restore trust and legitimacy to American governance and fulfill our moral duty to aggressively address climate change.

Dr. Robert Brulle, Washington Post, January 8th

Dr. Brulle and Dr. Dunalp have just edited a new book, which synthesizes some of main sociological analysis on the climate change policy debate which is well worth reading by anyone interested in climate change. The book is Climate Change and Society, Oxford University Press.

This website has been interested in working out the moral and ethical implications of the conclusions made by the sociologists working on climate change.


Donald A. Brown

Scholar In Residence and Professor


Obama’s Laudable Speech Fails to Communicate Policy Implications of The Moral Dimensions of Climate Change.

obama clean power

When US President Obama announced revised regulations on reducing carbon dioxide emissions from US power plants on August 3, 2015 in a laudable speech supporting the new rules,  as he predicted opponents of US climate change policy strongly attacked the new rules on grounds that they would wreck the US economy, destroy jobs, and raise electricity prices.  Although President Obama defended the new rules on the basis that they were necessary to prevent dangerous climate change, that time was running out to do so, and that the rules would protect human health of US citizens, the speech failed to develop some of the obvious profound implications for climate policy of the conclusion that climate change is a moral problem, although President Obama did assert twice in the speech that climate change is a moral problem.

Although the Obama speech has rightly been praised  by those who believe the US must take strong action on climate change, his speech did not acknowledge that:

  • US ghg emissions are harming and seriously threatening hundreds of millions of people outside the United States. There was no mention in the speech how US ghg emissions were harming others around the world.
  • Those who are most vulnerable to climate change have done almost nothing to cause the existing threats to them.
  • Those who are most vulnerable to climate change can do little to protect themselves, their best hope is that high emitting nations, sub-national governments, organizations, entities, and individuals will respond to their moral responsibilities to reduce the threat of climate change.
  • If climate change is a moral problem, the US may not base its climate change policies on US interests alone, it must respond to its obligations to not harm others outside the United States. Therefore costs to the US economy alone may not be used to justify failure to reduce US ghg emissions.
  • The United States must reduce its ghg emissions to its fair share of safe global emissions, a fact which leads to the conclusion that the new rules for power plants are still not stringent enough in light of the fact that the Intergovernmental Panel on Climate Change has determined that developed countries must reduce their ghg emissions by a minimum of  25% to 40% by 2020 to prevent dangerous climate change and the new rule will only achieve 32% reduction by 2030 coupled with the added fact that any reasonable interpretation of what equity requires of the United States would require the US to be closer to the 40% reduction by 2020 and surely reduce US ghg emissions well in excess of 40% by 2030.
  • One of the reasons the world is now running out of time to prevent dangerous climate change is because fossil fuel companies and their allies in the US Congress has prevented the United States from taking serious action on climate change since 1992 when the George H. W Bush administration agreed in the United Nations Framework Convention on Climate Change that the United States should adopt policies and measures to prevent dangerous anthropocentric interference on climate change on the basis of equity and common but differentiated responsibilities. Thus the United States, more than any other developed country, has been responsible for the disastrous 30 year delay in formulating a serious global response to climate change, while delays make the problem harder and more expensive to solve and increase the likelihood of triggering dangerous climate change.
  • The United States is more responsible for raising atmospheric concentrations of greenhouse gas concentrations to 400 ppm CO2 equivalent in the atmosphere  than any country and has among the highest per capita ghg emissions as any country in the world.
  • The climate change opposition in the United States has successfully prevented the United States from adopting policies that would have significantly reduced US emissions on the basis of scientific uncertainty despite the fact that the United States agreed in the 1992 United Nations Framework Convention on Climate Change to not use scientific uncertainty as an excuse for not reducing its ghg emissions to safe levels.
  • Those nations who have consistently emitted ghgs above their fair share of safe global ghg emissions are responsible for the reasonable adaptation costs and damages of poor nations and people who have not caused climate change.These responsibilities are required both by basic ethics and justice and international law. These financial obligations will far exceed hundreds of billions of dollars per year.


Donald A Brown

Scholar In Residence and Professor

Widener Commonwealth University Law School

US Media’s Failure to Acknowledge the Most Important Implications of the Pope’s Encyclical


Now that Pope Francis has released his encyclical on climate change, strong responses from many climate change deniers has predictably emerged. Most of these attacks on the Pope’s message have focused on the Pope wandering from his area of authority in theology into science. Former Thatcher adviser Christopher Monckton’s retort is typical: “It is not the business of the Pope to stray from the field of faith and morals and wander in to the playground that is science”

The US media’s coverage, also predictably, has mostly focused on whether the Pope should have stayed in his theology lane.

Yet the most important potential message of the Pope’s encyclical is his assertion that climate change is a moral problem. Now, of course, many see the Pope’s claim about morality unsurprising but fail to understand the profound significance for climate policy-making of understanding climate change fundamentally as a moral issue. If climate  change is understood to be a moral issue, it would completely transform the way climate change policies have been debated in the United States for over three decades.

For instance, opponents of US government action on climate change have for over 30 years predominantly argued against proposed policies on two grounds. First there is too much scientific uncertainty to warrant action and secondly climate policies will destroy jobs, specific industries, and the US economy. For this reason, action on climate change is not in the US self-interest.

But if climate change is a moral issue, the United States may not look at US economic interests alone, it must respond to US duties and obligations to the tens of millions of people around the world who are  most vulnerable to climate change harms. Yet the US debate on climate change has made cost to the US economy of climate change policies, or economic impacts on specific US industries the key criteria for the acceptability of US action on climate change while ignoring what US ghg emissions were doing or threatening to do to tens of vulnerable people around the world.

In addition, if climate change is a moral problem, even assuming counter-factually that there is considerable scientific uncertainty about whether humans are causing serious global warming, those who are putting others at risk have duties to not endanger vulnerable people without their consent. This is particularly true on issues where waiting to resolve scientific uncertainty makes the problem worse or waiting makes the problem harder to solve, clear attributes of climate change.

It is the tens of millions of potential victims of climate change impacts that have the most to lose by waiting until all scientific uncertainties are resolved. Given that the mainstream scientific community now believes that the world is quickly running out of time to prevent dangerous climate change, the moral problems with waiting until all climate scientific uncertainties are resolved are unfortunately becoming obvious. The United States should have acknowledged the duty to fake action on climate change 30 years ago once the US Academy of Sciences and other highly respected scientific institutions stated that human-induced climate change was a growing menace.

Even without the Pope’s encyclical, Climate change is a problem with certain features that scream for attention to see it and respond to it as essentially a moral problem even more than other environmental problems. These features include the following:

• First, it is a problem that is being caused by some high-emitting people and nations in one part of the world who are putting other people and nations at great risk in another part of the world who have often done little to cause the problem.

• Second, the harms to those mostly at risk are not mere inconveniences, but potential catastrophic harms to life and natural resources on which all life depends.

• Third, climate change is a problem for which those people most at risk often can do little to protect themselves by petitioning their governments. Their best hope is that those high-emitting nations and people causing the problem will see that they have ethical duties to the victims to avoid harming them.

• Fourth, because CO2 is well mixed in the atmosphere, all human activities are contributing to rising atmospheric concentrations and therefore a global solution to climate change requires all nations and people to limit their greenhouse gas (GHG) emissions to their fair share of safe global emissions.

Because climate change is a moral problem, issues nations must face in formulating climate policies need to be guided by moral considerations. They include, among many others, principles on what is each nation’s fair share of safe global emissions, who is responsible for reasonable adaptation needs of those people at greatest risk from  climate damages in poor nations that have done little to cause climate change, should high-emitting nations help poor nations obtain climate friendly energy technologies, and what responsibilities should high-emitting nations have for refugees who must flee their country because climate change has made their nations uninhabitable?

Because climate change is a moral problem, high-emitting organizations, sub-national governments, corporations, and individuals also have duties to reduce their greenhouse gas emissions to their fair share of safe global emissions.

In the international climate negotiations that will resume on November 30 in Paris, issues of fairness are already the key issues in dispute. Hopefully the Pope’s encyclical will help citizens around the world see the moral dimensions of climate change policies and respond accordingly.

The US press has for 30 years utterly failed to help US citizens understand the practical significance for climate policy if climate change is a moral issue.  Perhaps the Pope’s encyclical will change this.

Questions That Should Be Asked Of Politicians And Others Who Oppose National Action On Climate Change On The Basis Of Scientific Uncertainty Or Unacceptable Cost To The Economy Given That Climate Change Is A Profound Global Justice And Ethical Problem

Bathtub revised 1pptx

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

Questions that should be asked of those opposing national action on climate change on the basis of cost to the national economy:

1. When you claim that a government emitting high levels of ghgs need not reduce its ghg emissions because the costs to it of so doing are too high, do you deny that high-emitting governments not only have economic interests in climate change policies but also duties and obligations to tens of millions of people around the world who are most vulnerable to climate change’s harshest impacts?

2. If you argue that high costs to a nation of reducing its ghg emissions to its fair share of safe global ghg emissions justify non-action, how have you considered the increased harms and risks to poor vulnerable people and nations that will continue to grow as atmospheric ghg concentrations continue to rise? In other words how have you considered the harms to others that will be caused by government inaction on climate change?

3. If the justification for a nation to reduce its ghg emissions to its fair share of safe global emissions is that costs to it are too high, yet inaction causes loss of life and great harm to people outside the nation’s borders, is the use of a cost justification by a nation for non-action morally supportable?

4. Do you agree that those nations and people around the world who will most be harmed by climate change have a right to participate in a decision by a nation that chooses to not adopt climate change policies because costs to it are deemed unacceptable?

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

6. If you disagree that all nations have a duty to reduce their ghg emissions to their fair share of safe global emissions without regard to cost to it, do you also deny the applicability of the well-established international legal norm that almost all nations have agreed to in 1992 in the Rio Declaration on Environment and Development called the “polluter pays” principle which holds that polluters should pay for consequences of their pollution?

7. Do you agree that nations that have very high per capita and historical ghg emissions compared to other nations and so have contributed more than other nations to the rise of atmospheric concentrations of ghgs to dangerous levels have a greater duty to reduce their ghg emissions than nations that have done comparatively little to create the current threat of human-induced warming?

8. If you argue that the United States should not adopt climate change policies on the basis that economic competitors such as China have not adopted climate change policies, are you claiming that no nation has a duty to reduce its ghg emissions to its fair share of safe global emissions until all other nations reduce their ghg emissions accordingly?

9. In arguing that the United States or other high-emitting nations need not reduce their ghg emissions to their fair share of safe global emissions based on cost, how have you considered, if at all, that all nations have agreed in international climate negotiations to take steps to limit warming to 2 degree C because warming greater than this amount will not only create harsh impacts for tens of millions of people but runs the risk of creating rapid non-linear warming that will outstrip the ability of people and nations to adapt?

Questions that should be asked of those opposing national action on climate change on the basis of scientific uncertainty:

1. When you argue that a nation emitting high levels of ghgs need not adopt climate change policies because there is scientific uncertainty about adverse climate change impacts, are you arguing that a nation need not take action on climate change until scientific uncertainties are resolved given that waiting to resolve all scientific uncertainties before action is taken may very likely make it too late to prevent catastrophic climate change harms to millions of people around the world?

2. Do you deny that those who are most vulnerable to climate change’s harshest potential impacts have a right to participate in a decision about whether to wait to act to reduce the threat of climate change to them because of scientific uncertainty?

3. Given that mainstream climate change scientific view holds that the Earth could experience rapid non-linear climate change impacts which outstrip the ability of some people and nations to adapt, should this fact affect whether nations which emit high levels of ghgs should be able to use scientific uncertainty as an excuse for non-action on climate change?

4. What specific scientific references and sources do you rely upon to conclude that there is a reasonable scientific dispute about whether human actions are causing observable climate change and are you aware of the multiple “fingerprint” studies and “attribution” studies that very strongly point to human causation?

(Fingerprint studies draw conclusions about human causation that can be deduced from: (a) how the Earth warms in the upper and lower atmosphere, (b) warming in the oceans,(c) night-time vs day-time temperature increases,(d) energy escaping from the upper atmosphere versus energy trapped, (e) isotopes of CO2 in the atmosphere and coral that distinguish fossil CO2 from non-fossil CO2, (f) the height of the boundary between the lower and upper atmosphere, and (g) atmospheric oxygen levels decrease as CO2 levels increase. “Attribution” studies test whether the energy differences from those natural forces which have changed the Earth’s climate in the past such as changing radiation from the sun are capable of explaining observed temperature change.)

5. On what specific basis do you disregard the mainstream scientific view that holds that the Earth is warming, that the warming is mostly human caused, and that harsh impacts from warming are very likely under business-as-usual, conclusions supported by the Intergovernmental Panel on Climate Change,  the United States Academy of Sciences and over a hundred of the most prestigious scientific organizations in the world whose membership includes scientists with expertise relevant to the science of climate change including the American Association for the Advancement of Science, the American Geophysical Union, the American Institute of Physics, the American Meteorological Society, the Royal Meteorological Society, and the Royal Society of the UK and according to the American Academy of Sciences 97 percent of scientists who actually do peer-reviewed research on climate change?

6. When you claim that a nation such as the United States which emits high levels of ghgs need not adopt climate change policies because adverse human-induced climate change impacts have not yet been proven, are you claiming that climate change skeptics have proven that human-induced climate change will not create harsh adverse impacts to the human health and the ecological systems of others on which their lives often depend and if so what is that proof?

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

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

8. If a nation emitting high levels of ghgs refuses to reduce its emissions to its fair share of safe global emissions on the basis that there is too much scientific uncertainty to warrant action, if it turns out that human-induced climate change actually greatly harms the health and ecological systems on which life depends for tens of millions of others, should that nation be responsible for the harms that could have been avoided if preventative action had been taken earlier?



Donald A. Brown

Widener University School Of Law

Four Tragic Omissions From US Media’s Coverge Of Obama’s Climate Proposals.












On Monday June 2, the US press began to shine a spotlight on the predictable political warfare breaking out over the Obama administration’s new proposed climate change rules. Yet, there are at least four crucial facts about any US response to climate change that continue to be largely ignored by the US media coverage of this food fight. They include: (1) a 35 year US delay on climate action has made the problem extraordinarily challenging to solve, (2) US greenhouse gas (ghg) emissions are more than any country responsible for rise in atmospheric concentrations to present dangerous levels, (3) US ghg emissions not only threaten the US with climate disruption but endanger many of the poorest people around the world, (4) the Obama administration’s pledge to reduce ghg emissions is far short of the US fair share of safe global emissions.

For over 35 years the US Academy of Sciences has been warning Americans about the threat of climate change. In 1977, Robert M. White, the head of the National Oceanic and Atmospheric Administration, wrote a report for the US Academy that concluded that CO2 released during the burning of fossil fuel could have consequences for climate that pose a considerable threat to future society. By the late 1980s, scientists around the world agreed that action by the world governments was needed to avoid the threat of climate change. In June in 1988, a conference of the world’s governments and scientists proposed that developed nations reduce their emissions by 20% by 2000. The US, virtually standing alone among developed countries, refused to commit to any emissions reductions targets citing scientific uncertainty and cost to the US economy. The 35 year delay in taking significant action has made the task of avoiding dangerous climate change increasingly more challenging. In fact, most climate scientists are alarmed that the world is now running out of time to prevent very dangerous climate change. The 35 year delay has now created a need for extraordinarily steep ghg reductions worldwide. The longer the world waits, the more difficult and costly it will be to avoid dangerous climate change.

nw book advOpponents of US action on climate change loudly now argue that the US should not act until China commits to acts correspondingly siting that China is now the world’s largest emitter of ghg. Yet they conveniently ignore the fact that the United States is a much larger emitter of ghgs than China in per capita and historical emissions. The atmosphere is like a bathtub, it has a limited volume, and because CO2 is well mixed in the atmosphere it makes little difference where the emissions come from; the bathtub continues to fill. The US more than any other country has been responsible for filling the atmospheric bathtub with ghgs above levels that existed before the beginning of the industrial revolution to current dangerous levels. Given there is limited atmospheric space left before ghg concentrations exceed very dangerous levels, the international community expects the United States to reduce its emissions to its fair share of safe global emissions, it is not asking American to reduce China’s share.

The political fight in the United States often exclusively has focused on climate harms to the United States if it does not take climate action compared to the costs to the US of taking action. Such a framing ignores that it is tens of millions of poor people around the world who will be most harmed by climate change if high-emitting nations fail to reduce their emissions to their fair share 0f safe global emissions. For this reason, climate change raises civilization challenging questions of justice and fairness, a feature of climate change that the US press is largely ignoring while it focuses on harms and benefits to the United States alone. Climate change creates US obligations to poor people and places around the world that are most at risk.

In 2009, President Obama promised the world that the US would strive to reduce its ghg emissions by 17% below 2005 emissions by 2020. He did this knowing that the United States would need to adopt additional policies to achieve this very modest goal. Because the US Congress has refused to act, the Obama administration proposed the regulation this week that has triggered the political firestorm. Missing from the coverage of the proposed regulations, is that the Obama pledge on ghg emissions reductions falls far short of any reasonable judgment about what the US fair share of safe global emissions is. This is so because to have any reasonable hope of preventing dangerous climate change, the entire world must reduce its emissions by much greater amounts than the US 2009 commitment and the United States is at the high-end of national historical and per capita emissions. To having any hope of avoiding dangerous climate change the US and other high-emitting nations will need to reduce their emissions at much greater rates than the average for the rest of the world. Basic justice requires this.



Donald A. Brown

Scholar In Residence and Professor

Widener University School of Law




Sunita Narain: Change of climate in the US

14629045_sunita_narain_250_rOb47_16613Editor’s note: The following entry is by a guest blogger Sunita Narain who writes widely on justice issues and for the Business Standard in India. This peace is a reflection on climate change policy in the United States after the recent climate change national assessment of climate change impacts on the United States was issued in May. Although it is before the new Obama administration regulations that were issued this Monday, June 2nd, that proposed to reduc ghg emissions by 30 % below 2005 by 2030 for coal fired power plants. As we will explain in a future entry, the US commitments is still far short of what equity and justice would require of the United States despite reasonable disagreements on which equity framework should be followed by high-emitting nations. We look forward to Ms Narain’s reflections and others on how the most recent proposed US EPA regulations comport with justice  Notice of rule-making was issued on Monday, June 2, 2014, This article formerly was published in the Business Standard. 

 Sunita Narain: Change of climate in the US 

Climate change has a surprising new follower: the president of the United States. The US government has been the biggest hurdle in climate change negotiations. Since discussions began on the issue in the early 1990s, the US has stymied all efforts towards an effective and fair deal. It has blocked action by arguing that countries like China and India must first do more. Worse, successive governments have even denied that the threat from a changing climate is real, let alone urgent. US President Barack Obama, who came to power in his first term with the promise to deal with climate change, was noticeably coy about the issue in recent years.

However, in May this year, the US government released its National Climate Assessment, which puts together carefully peer-reviewed scientific information on the impact of climate change in the US. It makes clear that even the US is not immune to the dangers of climate change. In fact, many trends are visible and the country is already hurting.

It is important to understand what this assessment concludes and why its findings are important for the rest of the world. One, it makes clear that the increase in temperature is now established; the rise in temperature is the highest in the poles, where snow and ice cover has decreased. As the atmosphere warms, it holds more water, which leads to more precipitation. Add to this the fact that the incidence of extreme heat and heavy precipitation is increasing – more heat and more rain. This makes for a deadly combination.

In the US, the incidence of heatwave has increased. In 2011 and 2012, the number of heatwaves was almost triple the long-term average. The assessment also finds that in areas where precipitation has not gone down, droughts occur. The reason is that higher temperatures lead to increased rates of evaporation and loss of soil moisture. In Texas in 2011 and then again in large parts of the Midwest in 2012, prolonged periods of high temperatures led to severe droughts.

In addition, now it does not just rain but pours. The heaviest rainfall events have become more frequent. Moreover, the amount of precipitation on the heavy rainfall days has also increased. Many parts of the country have already seen flooding, and the assessment is that these risks are significant in the future. This is combined with the fact that the intensity, frequency, duration and the number of strongest (category four and five) storms and hurricanes have increased since the 1980s, the period for which high-quality data are available.

epa_logoTherefore, the news is not good for even a rich and temperate country like the US. For a long time, there was an unwritten agreement that climate change would benefit such countries. It was believed that they would become warmer, with the result that crop-growing periods would increase – which, in turn, would benefit their economies. The National Climate Assessment makes it clear that even if specific regions benefit from climate change, this will not be sufficient or durable. The net result will be economic disruption and disaster.

The other welcome change in the report is its clear assertion – something that needed to be stated bluntly to the American people – that climate change is caused by human activity. It cannot be dismissed any more as natural weather variability. Not only has there been an unprecedented build-up in the atmosphere of greenhouse gases resulting from the use of fossil fuels, fingerprinting studies can also attribute observed climate change to particular causes. Even as the stratosphere – the higher atmospheric layer – is cooling, the Earth’s surface and lower atmosphere are warming. This is clearly the result of an increase in heat-trapping gases released from fossil fuels that countries burn to drive economic growth.

The message is clear: the time for complacency is over. The gases in the atmosphere have hit dangerous levels, which is hurting the US economy. The effort must include adapting, and building flood- and drought-resistant agriculture and infrastructure. However, this won’t add up to much unless emissions from burning fossil fuels are cut fast and drastically.

This is where the report is the weakest. It says the current US contribution to annual global emissions is 18 per cent, but accepts that the country’s contribution to cumulative emissions is much higher. Importantly, it also accepts that it is this stock of emissions that determines the extent of global climate change. Till now, the US position on historical emissions has been a stumbling block in negotiations.

Thenew book description for website-1_01 question is: what needs to be done? The US still does not have a plan to cut its emissions based on its contribution to the problem. Its stated voluntary target is to reduce emissions by 17 per cent over the 2005 levels. This is too little, too late – in fact, meaningless.


For the moment, we should accept that the elephant in the room has been acknowledged. This itself should lead to change.


Sunita Narain

Why the US Academy of Science and the Royal Academy’s Easy To Understand Report On Climate Change Science Has Ethical Significance

national academy


The National Academy of Sciences and its British counterpart, the Royal Society, have published  Climate Change: Evidence and Causes, a very easy to understand primer on the science of greenhouse-driven global warming. Although there is not a lot new in this report as a matter of science, it makes the strong scientific consensus on human-induced climate change that has existed for some time clearer and more accessible for non-scientists particularly on the major issues that need to be understood by policy-makers and interested citizens.  The report is written in simple language and filled with pictures and graphs which illustrate why almost all mainstream scientists actually engaged in climate change science are virtually certain that human activity is causing very dangerous climate change.

This report is ethically significant because:

a. It is a report of two of the most prestigious scientific institutions in the world, namely US National Academy of Sciences and the British Royal Society. Because of the prestige of both of the institutions writing this report, those opposing actual climate change have an ethical duty to acknowledge that the scientific basis supporting action on climate change is entitled to respect. They cannot reasonably claim that there is no strong scientific basis for policy action on climate change or even worse that climate change science is a “hoax.”  Which institutions have made claims that humans are engaged in dangerous behavior has ethical significance. If, for instance, someone is told by an expert in toxicology that chemicals he or she is discharging into a water supply will kill people, he or she has more of an ethical duty to stop discharging the chemicals until the issue of toxicology issues are resolved than they would if the claim about poisoning came from a religious leader or a tax accountant. When claims about danger are made by world-class scientific experts, as a matter of ethics, the burden of proof shifts to those potentially harming others to show that their behavior is not dangerous.

Skepticism in climate science should still be encouraged, but skeptics must play by the rules of science including: (a)  subjecting all claims contradicting the mainstream scientific view on climate change to peer-review, (b) subjecting claims that humans are not causing dangerous climate impacts to review by scientific institutions that have sufficient broad interdisciplinary expertise among its members to review such claims against all the contrary evidence from all relevant scientific disciplines, and (c) acknowledging all the contradictory evidence. Given the enormity of harms to citizens around the world and future generations predicted by mainstream scientists, those who seek to undermine proposed climate change policies on scientific certainty grounds should be understood to have the burden of proof to show by high levels of proof that human-induced climate change is not dangerous.

b. The report includes clear explanations of the scientific evidence in regard to specific justifications for not taking action on climate change very frequently made by those who oppose climate change policies. These justifications and responses to them include, for instance:

Justification 1

Scientists don’t know that recent climate change is largely caused by human activities?

Report says:

Scientists know that recent climate change is largely caused by human activities from an understanding of basic physics, comparing observations with models, and fingerprinting the detailed patterns of climate change caused by different human and natural influences.

Direct measurements of CO₂ in the atmosphere and in air trapped in ice show that atmospheric CO₂ increased by about 40 percent from 1800 to 2012. Measurements of different forms of carbon reveal that this increase is because of human activities.

Justification 2

The recent slowdown of warming means that climate change is no longer happening?

Report says:

No, recent weather is not evidence that warming is not happening. Since the very warm year 1998 that followed the strong 1997-1998 El Niño, the increase in average surface temperature has slowed relative to the previous decade of rapid temperature increases. Despite the slower rate of warming, the 2000s were warmer than the 1990s. A short-term slowdown in the warming of Earth’s surface does not invalidate our understanding of long-term changes in global temperature.

Justification 3

CO₂ is already in the atmosphere naturally, and so human emissions are not significant.

Report says:

Human activities have significantly disturbed the natural carbon cycle by extracting long-buried fossil fuels and burning them for energy, thus releasing CO₂ into the atmosphere.

 Justification 4

Variations in output from the sun have caused the changes in the Earth’s climate in recent decades.

Report says:

The sun provides the primary source of energy driving Earth’s climate system, but its variations have played very little role in the climate-changes observed in recent decades. Direct satellite measurements since the late 1970s show no net increase in the sun’s output while, at the same time, global surface temperatures have increased.

Justification 5

If the world is actually warming, some recent winters and summers would not have been so  cold?

Report says:

Global warming is a long-term trend, but that does not mean that every year will be warmer than the previous one. Day-to-day and year-to-year changes in weather patterns will continue to produce some unusually cold days and nights, and winters and summers, even as the climate warms.

Justification 6

A few degrees of warming is not cause for concern.

Report says:

Even though an increase of a few degrees in global average temperature does not sound like much, global average temperature during the last ice age was only about 4°C to 5°C (7 °F to 9 °F) colder than now. Global warming of just a few degrees will be associated with widespread changes in regional and local temperature and precipitation, as well as with increases in some types of extreme weather events.

These are only a few of the justifications that have been made by those denying responsibility to reduce the threat of climate change that are directly and clearly refuted in the report.

c. The report also has ethical significance because its so clear that policy makers cannot reasonably claim that there is no scientific evidence about the major issues of concern to the climate change scientific community. As we have explained on this website, policy-makers may not, as a matter of ethics, rely on their own uninformed opinion about climate change  science once they are informed by respectable scientific organizations that people and organizations  within their jurisdiction are likely harming others around the world. This responsibility to not rely upon their own uninformed opinions increases when there are easy to understand explanations from respected scientific institutions of the scientific basis for concluding that people within their jurisdiction are harming others. The new report from the US Academy of Sciences and the Royal Society is such a clear explanation.  And so government officials have a strong duty to go beyond their own uninformed opinion about whether humans are causing dangerous climate change. They must justify their refusal to act on strong, peer-reviewed scientific evidence that is accepted by mainstream scientific institutions that have the breadth of expertise to consider the interdisciplinary scientific issues that make up climate change science.

nw book advd.  Because politicians have an affirmative duty to rely upon mainstream scientific views in regard to human activities that could cause great harm until peer-reviewed science establishes that the mainstream view is erroneous, the press has a journalistic duty to help citizens understand the limitations of any politician’s views that opposes action on climate change on scientific grounds particularly when there are  easy to understand explanations of climate change science such as that in the new US National Academy and Royal Academy report. The new report will enable the press to fulfill its journalistic responsibilities by asking more precise and clearer questions of those who deny the mainstream scientific view.

For these reasons, the new report is ethically significant.


Donald A. Brown

Scholar in Residence and Professor

Sustainability Ethics and Law, Widener University School of Law,