What Explains the Cataclysmic Failure To Get Traction For Several Principles That The US and 185 Countries Agreed Should Guide National Climate Responses that Completely Invalidated the Scientific Uncertainty and Excessive Cost Arguments That Have Been the Dominant Focus of the US Climate Debate for 30 Years

Image


This post will raise issues that are very controversial to some. As I tell students and audiences I have talked to around the world, I am not asking you to accept the claims I make, nor will I necessarily hold it against you if you disagree. I do this to provoke critical thinking amongst us all about why climate change remains an existential threat to life on earth and why these issues are also relevant to making democracies work for the common good on other issues.  I have very frequently benefited from discussions with others who disagreed with me but who engaged with me in critical interchange.  This post will be very critical of some corporations’ and affiliated entities’ tactics to undermine democracy’s efforts to achieve the common good. While acknowledging the contributions of free-markets, and the private sector for what they can contribute to economic growth, technical innovation, and private sector employment, this analysis demonstrates the indispensable need for appropriate government constraints on the corrosive power of money in politics to prevent corporate and financial interests from using their enormous wealth to undermine what citizens in a democracy decide in deliberations about how to achieve the common good.  This  post will be critical of the United States for its failure to control the power of the fossil fuel industry to spread misinformation about climate change.  This ruthless scheming of some elements of the private sector was actually predicted by Adam Smith who also convinced civil society of the benefits of the free market. This strong criticism in this paper is believed to be in response to the duty of citizens to fix the flaws of democracies as long as there is the possibility to do so, particularly when the flaws are seriously harming others. As the second verse of Kathrine Lee Bates song America the Beautiful says: ” America, America, God Mend Thine Every Flaw, Confirm Thine Soul in Self-control, Thy Liberty in Law.  But as this post points out, research concludes that this is also a problem in other countries which have economies with strong fossil fuel sectors. As a result this, getting traction for ethical principles that nations have already agreed to or have negotiated is a challenge for democracies with strong economic interests which are threatened by legislation or treaty making that seeks to achieve the common good. This paper was originally initiated in response to UNESCO’s interest in getting traction for ethics in international cooperative efforts to protect the international community from several growing threats that cant be solved at the national level. Because the author had concluded most Americans would have no idea of why global cooperative efforts to solve growing global threats must grapple with ethical issues,  section 1. of this paper explains the indispensable need of countries seeking to work cooperatively to solve global threats to grapple with ethical issues in treaty making and other global responses to growing global threats.

Pumphrey, Carolyn Dr., “Global Climate Change National Security Implications” (2008). Monographs. 65.
https://press.armywarcollege.edu/monographs/65

I. Introduction 

This paper takes the unusual step of listing the conclusions of this entry first to help readers judge how much of this paper they want to read although readers should read and critically consider the relevant analysis below before accepting any conclusions uncritically.

This paper deals with the failure to get traction for ethical principles in all claims about what governments should do to achieve the common good, given all such claims implicitly have the form:

A. Because of facts A. B, and C (Factual Premise)

B. Governments should do D ( Normative/Ethical Conclusion).  Here normative means right or wrong, ethical duty, or prescriptive conclusion in light of facts. We will in this article refer to the conclusion of arguments about what governments should do as the normative or ethical conclusion. Notice the normative/ethical conclusion is already part of any claim about what a government should do given certain facts.

This paper will examine why normative rules that all countries including the US had already agreed to under international environmental law failed to get traction in national climate responses. This analysis will be particularly focused on the failure to get traction for the ‘no harm’, ‘precautionary’. and ‘equity’ principles natiions had agreed to be bound by in the 1992 UN Convention on Climate Change and the 2015 Paris Agreementt.  The United States also agreed to human rights protections for its citizens which have also been ignored in public debates about climate change. These principles are focused on in this paper because they completely undermine the validity of the scientific uncertainty and excessive cost arguments that the publically visisble climate debate has focused on for thirty years due to the successul framing of the debate by fossil fuel intersts,  Because there is shockingly little public discussion about “normative” or “ethical” conclusions of claims made by opponents of  climate change policies in the US public climate  debate, this paper examines why the ethical principles that nations had already agreed should guide their responses to  climate change were rarely discussed in US debates about climate change policies by examining what actually happened.

A. Conclusions

a. The primary cause of the failure to get traction for key ethical principles that the US government had already agreed would guide its climate policy formation is that a well-funded, sophisticated spread of misinformation that began in a focused way in the US  in 1971 with the Powell memo, discussed below, created a widely accepted unquestionable cultural narrative that included the claim that the government is the problem not the solution to many of society’s most troubling problems. Cultural narratives often become so accepted that many citizens become afraid to challenge them.The tactics of the Powell memo were expanded in the climate change disinformation campaign, discussed below, which were designed from the beginning to undermine citizens faith in mainstream climate science not to get the science right. This  website has previously argued that the disinformation campaign is a new kind of crime against humanity despite the indispensable role of skeptictism in science and the right of free speech. Therefore a major challenge for getting traction for ethics in climate policy formation, is to get traction for truth in climate change policy making disputes to undermine lies and misinformation sophisticatedly spread throughout the government’s population by increasingly powerful computer tools and other techniques. Poltical Scientist Hannah Arendt described in her paper Truth and Power, that politicians whose power is threatned have throughout human history responded with lies, and so getting traction for truth in the climate debate is not a new political challange but is nevertheless much more challanging now given the effectiveness of the computer tools to spread the disinformation that targets people who will be most receptive.

An  example of this which hasn’t been widely reported, while serving as the US EPA Program Manager for UN Organizations, I was invited  in 1997 to participate in war games being conducted by the Army War College that considered risks from parts of the world that would that may be destabilized by climate change. During this session the Army identified Syria, parts of the Sahil area of Africa, and as I rember three countries in Central America which were drought prone and potential places where refugees would create social disruption. In 2001, a multi-year drought began in Syria which eventually caused 1000000 refugees who destabilized large parts of the world and continue to be a source of social unrest. 

The US army also predicted  over 20 years ago that three countries in Central  America  were vulnerable to drought and  therefore  likely  to  produce  refugees. Yet this aspect of  the refugee problems that are causing social disruption and unspeakable suffering is rarely commented on in the the US media while discussing refugee problems from Syria and Central America. While at the same time prominent US politicans are spreading misinformation about climate change such as climate science is a hoax, climate law is unfair to the United States, climate change cant be real because it snowed in parts of the United States, and numberous false claims that havent been subjected to peer review and other techniques described in the climate change disinformation campaign entries referenced below.

The Army War College in a more recent 2008 report assessing climate threats predicted horrific impacts to the United States and around the world leading to social disruption and conflict.  Pumphrey, Carolyn Dr., “Global Climate Change National Security Implications” (2008). Monographs. 65.https://press.armywarcollege.edu/monographs/6

While the Army College’s 2008 threat assessment became increasing confirmed by droughts, floods, diseases, increasingly damaging tropical storms, and refugees, many American politicians continued to claim that human-induced climate change was a ‘hoax’. I particularly paid attention to these claims because while serving as the US EPA Program Manager for UN Organizations I was asked by the State Department in June 1997 to cochair with a colleague from the Energy Department a negotiation that would ask governments to agree as governments to the IPCC conclusion that the balance of the evidence demonstrates a discernable human influence on the climate system.

2. The United States has failed to achieve the common good because it ignored the warning of Adam Smith who although convinced civil society of the value of the free market through its invisible hand but also lesser known he predicted that merchants would sometimes ruthlessly scheme against the common good .  (Sagar, Paul, Adam Smith and the conspiracy of the merchants: Global Intellectual History: Vol 0, No 0 (tandfonline.com) Thus governments need to establish rules to make democracies work for the common good that anticipate the very likely behavior of some economically powerful interests to undermine what democratic processes want to determine the common good while acknowledging the benefit of free markets and private sector institutions for some purposes in a democracy. .

3. Some US founding fathers claimed that the goal of democracy was to achieve the common good which according to Thomas Paine and others was essentially justice. They anticipated this would create disagreements among contending parties about factual claims and normative conclusions which are implicitly present in any claim about what a government should do to achieve the common good. Thus some founding fathers recommended that citizens be educated in skills to help them evaluate factual disputes namely science,  history, among others,  and ethics and other subjects to help citizens critically evaluate disagreements about justice.

4. The goals of higher education have increasingly shifted its major empasis from teaching skills needed by citizens to participate in a democratic processes to achieve the common good to teaching skills to make students attractive to potential employers such as science, engineering, and technology.  (The support for this claim wil be the subject of the next entry on this website). Although claims about what governments should do to achieve the common good have both factual premises and normative  conclusions, this shift in higher education’s major focus has increased the power of opponents of environmental policies to frame the public debate on disputes about facts which usually ignore very relevant ethical considerations including ethical principles that governments have previously agreed should guide their policy formation. For instance, all governments in the 1992 United Nations Convention on Climate Change agreed to be bound by the “precautionary,” “no harm” and adopt GHG emmission reductin targets to levels required of itin accordance with ‘equity ” which principles expressly undermine the excessive costs and scientific uncertainty arguments made by opponents of climate change.  Yet proponents of climate policies usually ignore critically evaluating the normative conclusions of the arguments made by opponents of policies while focusing on counter factual claims about uncertainty and cost.

5. Why a global solution to climate change requires a national response consistent with its ethical and legal obligations to not harm others is not apparent to most US citizens in my experience until one understands certain features of climate change which are  different than other environmental problems that don’t raise these urgent ethical problems. These features include all CO2e emissions mix well in the atmosphere raising atmospheric CO2e concentrations globally and thus increasing harms globally, because although 80% of CO2e emissions are removed feom the atmosphere  by carbon sinks in 100 years, some remain for tens of thousands of years thus contributing to future harms everywhere including atmospheric concentrations that trigger abrupt climate change, the most vulenerable countries are usually least responsible for the harms, delays by a nation in reducing its emissions makes it more difficult and expensive for the whole world to achieve any warming limit goal, the setting of any national GHG emissions target implicitly takes a position on four ethical questions. (the warming limit goal the nation is seeking to achieve, the carbon budget it is basing its reduction amount on given different budgets with different probabilities are options, the equitablle basis it has used to calculate the nation’s fair share, and date by which the reduction will be achieved which effects the amount of carbon budget available for the whole world.  For a discussion of these issues see:

Seven Featuresu of Climate Change That Citizens and the Media Need to Understand To Critically Evaluate a Government’s Response to This Existential Threat and the Arguments of Opponents of Climate Policies.

6. This article will examine what can be learned from the failure to get traction in national responses to climate change for several ethical principles that nations had already agreed should guide their obligations under the 1992 climate treaty. 

7. As we have explained in many entries, for 30 years the fossil fuel industry has been successful in framing the major focus of the public debate in United States so that it has focused largely on issues related to scientific uncertainty and excessive costs. This is so despite the fact that the international community including the United States under G.H. Bush had agreed in 1992 to be guided in their response to climate change by the “precautionary  principle” which make’s scientific uncertainty an illegitimate excuse for a nation’s failing to achieve their legal obligations, and the ‘no harm’ principle which makes governments responsible for harms to others caused by activities within their borders without regard to scientific uncertainty or cost to them once they are on notice that activities within their jurisdiction are threatening others.  

8. The article explains why the need in international cooperative efforts to solve serious growing threats that cant be solved at the local level frequently raise questions of fairness and justice between nations that are usually worked out through negotiations among nations about what is fair.

The goals of this post are ambitious as it examines several different crucial topics necessary to understand the enormous importance of getting traction for ethics in global cooperatiive efforts to respond to emerging threats that cant be adequately dealt with at the national level. This is a concept that I have discovered NGOs passionately involved in finding a solution to climate change have little understanding of why this is important, nor how one resolves disputes about ethical principles, and as several sociologists have predicted technical experts will sometimes be traumatized by the mere suggestion that their work be supplemented by ethical considerations.

Because the article is long, the reader may want to skip topics without reading the entire paper. The paper gets into detail about several ethical principles that all nations have agreed upon in the 1992 UNFCCC should guide their responses to climate change but which have been largely ignored in the public debate about national responses to climate change. Some detail is included on these issues because getting traction on these principles is still crucial to getting nations to comply with their obligations under the climate change regime while opponents of climate policies have spread false claims about these issues which are still frequently repeated in media coverage without comment.

The sections of this paper are:

1 Why governments must practically grapple with justice issues when developing rules about threats that cant be solved at the national level.

2. Why opposition to international rules developed for the common interest are likely to be aggressively opposed by those whose economic interests are threatened by rules designed to achieve the international common good.

3. The failure of higher education to educate students in skills necessary to evaluate the normative conclusions made in claims about  what government should do to achieve the common good given certain facts

4. What we can learn from climate change about the problems of getting traction for ethics in developing and implementing programs at the international level seeking to achieve the global common good.

I .  Why governments at the national and internation level have to grapple with justice issues in developing and applying law or rules seeking to achive the global common good.

Several enlightenment philosophers and US founding fathers, believed that achieving the common good was the essential role of government and the essence of the common good is justice. Although international negotiations often focus on other issues in  international environmental negotiations, the most time consuming issues are usually over differences between developed and developing nations about what fairness requires.  Also in the last 20 years corporate interests which are economically threatened by issues under consideration have been successful in generating political opposition at the national level often by the dissemination of sophisticated  disinformation  on  issues  most  consequential  to  the global community including  poor  developing  nations.

Thomas Paine among other US founding fathers believed that the purpose of democracy was to achieve the common good which usually cant be achieved without grappling with justice questions among others.

Getting traction for justice in government affairs has become more urgent since the 1970s  when well organized, aggressive, sophisticated efforts have undermined governments central role in ordering society for the common good, Sociologists attribute the organized beginning of this phenomenon in  the US to a 1972 memo from Lewis Powell who was then vice president of the US Chamber of Commerce which began with a claim that the free market is under attack citing the successful social and environmental movements in the 1960s. This is deeply ironic because the very reason why many in the world saw hope for the world in the US system was because the US democracy in the 1960s successfully found remedies for the racial, voting, woman’s rights and many more justice issues. Yet the Powel memo construed these very victories on rights and  injustice as a threat to  the corporate power. The Powell memo also criticized corporations for their lack of vigor in responding to the challenges to free enterprise that were growing in the beginning of the 1970s. Powell thus called for a much more aggressive response from the business community that the memo claims is needed to protect free enterprise from criticism from college campuses, the pulpit, the media, the intellectual and literary journals, the arts and sciences, and from politicians. Two months after the Powell memo was released, President Nixon nominated him to the US Supreme Court where he served for 15 years.

He recommended 10 things that businesses should do, all of which have  been well funded and aggressively pursued. See, The Seeds of the Corporate Funded Climate Disinformation Campaign, the 1971 Lewis Powell Memo, 

The success of the propaganda to get American citizens to support less government regulation for the common good was already evident when US President Ronald Reagan proclaimed in his 1981 inaugural speech proclaimed that government is not the solution to our problem, it is the problem.  Amazingly, although I believe most people would acknowledge benefits of free markets while agreeing that government is sometimes the problem, it is absurd to conclude that the private sector alone will provide pubic goods that most people want, such as affordable health care,  protection from environmental threats, towns designed to promote social interaction, affordable high quality education for all, affordable housing for all, and among other things protection from the scheming of some merchants and despots throughout history who have sometimes ruthlessly schemed against the public good as Adam Smith warned. This scheming is inevitable when the solution to growing global threats requires the regulation of new technologies that have admitted value but dangerous potential for harm. Curent potentially beneficial technologies of concern include, for example, artificial intelligence and bioengineering.

While I worked for EPA on UN international environmental issues, I saw corporate interests lobby EPA to oppose provisions of the biodiversity treaty and climate law that other countries were pushing for.  Most Americans including NGOs seem to be unaware that the United States is, in my experience having worked at the UN and taught or lectured in 38 countries, is increasingly internationally widely viewed as an obstructionist on many global environmental issues although many non-nationals believe there is still hope that US can make democracy work for the common good. The 2008  Army War College Threat Assessment in fact concludes that the failure of the US to adequately respond to climate change may result in more violence against the US.

I have been shocked how much our democracy in the last decade has made it easier for money to dominate politics by removing limits on corporate donations, voter suppression, gerrymandering, allowing donors to hide who make donations to entities who are involved in political issues, while other countries have often made it easier to vote in ways that initially shocked me. By law, for instance, Australian citizens have a duty to vote which my Australian colleagues say is enforced with a routine fine. While teaching in Japan  I was told  political money is not allowed to be used on television, which explains why one hears political messages on loud speakers in trucks all the time. I offer these examples  to encourage research on their truth and to suggest that others do research on these kinds of issues. Of course these issues will create disagreements among citizens, a matter that democracies should resolve according to the supporters of the role of democracies by making arguments about what is fair

The  process of international environmental treaty making usually requires governments to grapple with important and sometimes thorny justice issues that are indispensable to accomplish the goals of the treaty.  For instance those drafting of the United Nations Framework Convention on Climate Change (UNFCCC, 1992) had to grapple with what rules would govern each countries GHG emissions reduction target in light of the fact that some nations more than others are responsible for the current problem. Although the treaty negotiations that ended in the 1992 UNFCCC  established very general rules about national responsibilities to adopt policies to  prevent dangerous climate change, the international negotiations were unable to agree on how to allocate responsibility among nations for emissions except in the most general and abstract terms. This is so despite the fact that climate change is a problem that necessarily required some guidance on how to allocate responsibility among nations for reducing national GHG emissions. Some nations have been pushing for more clarity on these issues for decades. The best the initial round of negotiations could agree on is that the developed countries should take the lead on reductions and each country should reduce GHG emissions to levels required to achieve any warming limit goal in accordance with “equity and common but differentiated responsibilities.”  Most international environmental governance processes have gotten bogged down in strong differences between developed and developing states with differences not fully resolved in the initial negotiations. Thus many treaties initial text coming out of the first international negotiations resolves the conflict often between rich and poor countries with “weasel words” or words which give no clear guidance, in the hope that further negotiations in yearly Conference of Parties (COPs) will resolve important but ambiguous language on crucial issues. The UNFCCC is still full of such weasel words despite 25 COPs since 1992 on the meaning of central terms such as “equity.” Despite almost thirty years of negotiations which often sought to resolve these ambiguities, the UNFCCC implementation has been plagued by the lack of clarity about several key concepts. 

During the international negotiations each year, energy industry lobbyists have been well represented along with US congressmen usually mostly from US fossil fuel states closely monitoring the US position on issues important to them and often arguing that the US should make no commitment on issues the energy industry believes will hurt their interests.

An additional challenge to getting traction for ethics is since the 1980s neoliberal ideas have gotten traction around the world. Since the central idea of neoliberal ideology is not obvious but is usually understood as market processes should order society for the common good through the operation of the market’s invisible hand, early proponents of neoliberal ideology claimed there was no or at least a greatly reduced need for the government to develop rules and regulations to achieve the common good based on justice.  As a result justifications for government regulation on environmental issues that existed in the first 20 years of the modern environmental movement, such as that regulation was needed to adequately protect human health and the environment, or protect the environment for future generations were gradually replaced over several decades by cost-benefit analyses or other economic criteria.

An example, while I was working as the US  Program Manager to UN Organizations during the Clinton administration while the US was considering ratifying the Kyoto Protocol, much of the policy talk in the agency centered on which of two different cost-benefit analysis that had been prepared by different government agencies should guide the US decision about whether to join the Protocol.  During this time, the Global Climate Coalition, an international lobbying group of businesses who opposed action to reduce GHG emissions were waging an intense national campaign in opposition to the US ratification of the Kyoto Deal which observers attributed to President Clinton’s decision after negotiating a deal in Kyoto acceptable to the United States, he never submitted it to Congress for ratification. I have learned that the way power often works is to spread a narrative through a culture that becomes so accepted that citizens are afraid to challenge it. That is  power often works by scaring people to not discuss certain things. But we have Martin Luther King, John Lewis, and the lesser known Hannah Arendt who have implied we citizens have a duty to call out injustice when we see it, although violence is never justifiable morally and will also undermine the credibility of the moral claim.

During my career I watched the United States fall precipitously from the position of undisputed international environmental leader at the beginning of the 1980s and be replaced by the European Union (EU) after that.  For over a decade the US environmental law and policy was an inspiration for the rest of the world after being given birth by Rachel Carson’s vision and other successes on justice issues in the late 1960s. A recent book, Exposed: The Toxic Chemistry of Everyday Products and What’s at Stake for American Power by investigative reporter Mark Shapiro documents how developing nations no longer go to Washington for advice on environmental policy; they now go to Brussels.[i]  The European Union is now widely viewed to be the global leader on environmental programs.  Shapiro explains how this shift in power has not only been bad for human health and the environment in the United States but also for American business in a world increasingly moving toward a greener global economy. The 2008 Army War College Threat Assessment Report on Climate Change not only draws the same conclusion about diminishing respect around the world for a country which was once more widely thought of as the shining city on the hill but may generate more violence against US interests from parts of the world increasingly stressed by water shortages.

In addition getting nations to appropriately comply with their ackowleged obligations to base their GHG target on equity, one of the ethical principles nations have agreed to would guide their policy, it  is still practically crucial to preventing gross harms to the world as the following chart demonstrates,

Notice this chart shows the GHG emissions reduction needed for the whole world to have any hope of achieving the Paris Agreement warming limit goal of 2C is depicted by the top line. You can see if the high emitting nations don’t reduce their GHG emissions to levels required of them by equity, the lesser emitting developing nations must go to zero immediately if there is any hope of achieving any warming limit goal.

2. Why opposition to rules developed for the common good are likely to be aggressively opposed by those whose economic interests are threatened by rules designed to achieve the common good.

Although Adam Smith is widely praised around the world for convincing much of the global community of the benefits of free market. Lesser known, however, is he also warned that the merchant class would sometimes conspire against the public interest and in so doing predicted that the merchants would sometimes be ruthless and effective in manipulating policymakers and legislatures by influencing the public’s understanding of issues that must be addressed to achieve the common good. (Sagar, Paul, Adam Smith and the conspiracy of the merchants: Global Intellectual History: Vol 0, No 0 (tandfonline.com) 

Some of the tactics used by the fossil fuel industry has been to spread disinformation . This has been accomplished by morally ruthless tactics that will be explored in the next section.

Another tactic which has been used with increasing effectiveness is the use of what I call false intimidating manipulative smears (FIMS), that are aimed at anyone who appears in the media who challanges the cullurally unchallengable narrative. Currrent frequently used FIMS hurled against anyone challenging the hegemonic cultural narrative  are the person is an “alarmist.” “socialst,” or recently believers in “entitlements.’ Because most people dont know how to respond to these FIMS, false intimidating smears, a future entry will critically evaluate the dominent FIMS.

3. What we can learn from climate change about the problems of getting traction for ethics in developing and implementing programs under consideration at the international level to achieve global common good. 

I have learned from academics and climate change NGOS working on climate issues   who I have often sincerely publicly praised for their technical work on climate change that they have no idea about how to spot nor critically evaluate ethical issues that arise in climate change policy formation. This is one of the reasons why they frequently shun discussing supplementing their technical conclusions with ethical considerations.

I have have rarely met US climate activists or academics engaged in climate science or economics that are aware that philosophers believe that even on ethical issues that reasonable people disagree on what justice requires, most reasonable people will agree that certain proposals on interpreting and applying ethical principles flunk minimum ethical scrutiny. They explain this phenomenon by saying people don’t need to know what justice requires to get agreement that some claims about justice flunk minimum ethical scrutiny. For instance, any proposal which allows someone to hurt others because of economic benefit to them violates the most basic ethical principle, the golden rule that says I cant harm others because of benefits to myself. It also violates the ” no harm” principle which the US agreed to in the UNCCC which requires nations to prevent activities within their boundaries from harming others even if the harms are not fully proven. A crucial example from climate law, although there are differences among ethicists about what equity requires, most ethicists agree “equity” may not be construed to mean anything that a nation claims it to mean, such as national economic self-interest. As IPCC said, despite ambiguity about what equity means:

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

The IPCC went on to say that these equity principles can be understood to comprise four key dimensions: responsibility, capacity, equality and the right to sustainable development. (IPCC, 2014, AR5, WG III, Ch. 4, pg 317) The failure of international community to give futher guidance to nations on how to apply the concept of equity to their GHG emissions reduction obligations is a gift to the opponents of climate change policies because they are likely, like Trump has already done, to make completely false claims about the unfairness of international climate law to their government and citizens. So far I  have seen no one appearing in the national  media that knows how to respond effectively to this because I believe their valued contributions to this problem is in technical knowledge that only allows them to answer with technically derived reason. I have also learned that most academic disciplines are tribal in that they have a set of rules which limit what an academic can talk about. This is also a problem for academic environmental ethics which often mostly restricted itself to work on theoretical conflicts.

In the 1980s I was invited to join the Editorial Board of the Journal of Environmental Ethics whose authors rarely contributed to conflicts about what ethics required on issues that arose in actual environmental controversies while for several decades focused almost exclusively on how to put a non-anthropocentric based value of nature.  I had through my experience concluded that there were many important issues arise in other environmental policy conflct that need the help of ethical analysis which must be considered to protect people and animals including some for which the ethical rule appropriate to policy had already been agreed to. So just spotting the implicit ethical issue is often all that is needed because some ethical issues that arise in policy are sometimes  surprisingly easy to resolve once spotted.

Academic environmental ethics focus on resolving theoretical conflicts is a tragic mistake because ethicists are needed to help civil society evaluate untruths about unfairness claims that have been circulated by US opponents of climate change policy continue to frequently circulate, for instance, a recent example is that unless China reduces GHG emissions  at levels required of the US, it is unfair to the US although the US has significantly higher historical and per capita emissions than China.  According  to  IPCC’s  to description of reasonable considerations for determining equity,  the  US  percentage  reductions  should  be  greater  than  China although  like all  claims about what distributive justice requires, for instance, which happens frequently in US environmental environmental law cases where there are multiple defendants who must find away to apportion hundreds of millions of damages among, the court system works out how to apportion the damages. This is a common problem on allocating damage awards in hazardous waste cleanup litigation in the US . In cases I have been involved with there were as many as 200 defendants fighting about how damages would be distributed. US courts are face*d with kind of problem frequently.

Notice in the charts below, US historical emissions are much higher than China’s as well as US per capita emissions even though China’s current emissions lead the world. 

 

The enormous damage to the world that has already been caused by a large sector of US civil society’s acceptance of arguments made by the fossil fuel industry about excessive cost and scientific uncertainty despite all governments having agreed that these excuses do not justify the failure of governments to comply with their agreed to obligation’s under the UNFCCC.  See discussions of “precautionary principle” and “no harm” rule on this website. 

The United States is not the only country in the world that has let its powerful fossil fuel industries interfere with their legal climate change obligations. See   NationalClimateJustice.org, although there is some evidence that the disinformation campaign organized originally in the US has been used by fossil fuel interests in other countries. I have also recently discovered that neoliberal ideology has gotten traction around the world, a fact of concern to many national leaders. See also Ethics And Climate Change, A Study of National  Commitments, Brown D. Taylor, P, (IUCN, Press, 20

Since climate negotiations began in the 1990s which resulted in the 1992 Convention on Climate Change, I have witnessed from a front row seat while representing US EPA at the UN on environmental issues and for a few years as staff person lead for Pennsylvania DER on climate change how fossil fuel interests have successively fought proposed government climate action largely by framing the public debate so that it has narrowly focused on scientific uncertainty and cost to the US economy and circulating false claims about unfairness. This is so, despite all nations had agreed to be guided by principles in their climate change policy formation that made scientific uncertainty and excessive national cost illegitimate excuses for a nation’s failing to comply with their climate obligations. Yet I have seen no press coverage of this phenomenon. I have  also experienced that with a little ethical reasoning, people agree that these rules are ethically justified.

The article will argue this US failure to abide by principles they have agreed  has been caused by the economically powerful forces’ successful framing the arguments that have dominated the visible climate debates in the US so the debate has largely focused on facts about uncertainty and facts about high costs with the absence of critical reflection on the normative conclusions made by opponents about these facts.

3. The Failure of Higher Education

This  problem has also been caused in part by the major failure of US higher education to educate citizens in skills needed to critically evaluate the normative conclusions of claims made in democracies about what should be done to achieve the common good. Despite all such claims have both factual premises and normative conclusions, citizens almost always only engage in critically evaluating the factual premises of arguments about what governments should do to achieve the common good. Citizens in a democracy need to be educated in subjects that facilitate crital evaluation factual premises and normative conclusions in claims about the common good, an assumption made by enlightenment philosophers and some US founding fathers. But as we will see, US higher education is increasingly part of the problem as many schools have shifted their primary goals to develop skills that will make students marketable for jobs, not competent citizens seeking to achieve the common good. (This claim will be the focus of the next entry on this website) Also, academics, as well as citizen activists often become preductively engaged in responses to climate change that they judge have some potential to make a difference given the poltical status quo. The focus of their energy thus is often responses to climate change that they believe have a chance of working given the acceptance of cultural narratives about excessive cost is an enormous urgent need to reduce GHG emissions to net zero ASAP a topic I argue should be mentioned in every discussion of a response to climate change. It is also an understandable tactic to justify climate policies solely on the basis policy will create jobs because it implicitly confirms the unreasonableness of the claim if this policy causes some job loss the policy should not be adopted. A more enlightened use of the jobs argument would be we must reduce GHG emissions immediately because they are causing and threatening enormous harms around the world, a byproduct of this policy will be some job creation but job creation is not why we should do this.

After Paris Agreement in 2015, I conveened meetings of the leaders of the 5 largest environmental groups to explain and document that that the 1.5 C and 2.0 C warming limit goals required the whole world to achieve net zero emissions by 2045 and 2070 yet all five leaders who I greatly respect said they would not publically talk about it because they would be labelled as ‘alarmists.’ Thus confirming the power of developing an unquestionable cultural narrative coupled with the widespread use of false,intimidating, manipulative smears  FIMS discussed above.

 

Some climate activists have claimed they dont know how to spot the ethical issues that arguments against climate policies raise. This is remarkable because almost all claims about what governments should do given certain facts are already part of the claim in the normative conclusion. This criticism does not deminish, in my view that many academic climate change scientists should be publically honored for the courage they displayed in correcting the misinformation on climate science that was undermining the political will to reduce national GHG emission.

That US higher education has done such a horrible job in educating students in environmental sciences on how to critically evaluate the normatve conclusions in claims about the common good  became clear in a three-year study at Penn States revealed that undergraduate students in environmental sciences could not identify which part of a claim about what governments should do was the normative claim without training. This is truly frightening because it explains how vulnerable citizens are to bogus claims made by economically powerful entities and why proponents of climate policy frequently focus on the factual issues in a claim and ignore critically reflecting on the normative conclusions of claims made about what governments should do to achieve the common good.

Almost  all claims about what a government should do in response to climate change implicitly have the above form but many climate scientists and environmental activists whose technical work I have sincerely publicly honored have admitted to me that they were not aware that if they cant draw conclusions about the magnitude of climate impacts because of the complexity of the climate system, the inability to describe physical elements of the climate system needed to quantify risk assessments or do not have enough time to develop a risk assessment, they are expected to engage in precautionary science. Most American climate scientists I have talked to have admitted they were unaware of the arguable duty of governments who have a responsibility to protect human health and the environment have a responsibility to engage in “precautionary science” when reaching certainty about harms can’t be accomplished for practical purposes.

On Confusing Two Roles of Science and Their Relation to Ethics.

 

 

Scientists failure to understand the ethical duty to develop a process to implement  precautionary science when normal scientific procedures are unable to do  so when engaged in research on the harms from some potentially dangerous problems is a  enormous practical problem because part of the tactics of the morally outrageous tactics of the climate change disinformation has been to call all scientific conclusions that have not been based upon the epistemic norms of science that have been established to prevent a false positive or a type 1, statistical error, “junk science”.

Most American scientists and students are unaware that some EU countries have already created routine procedures to apply precautionary science when scientific norms designed to prevent false positives prevent timely descriptons of dangerous risks done this and this has been done in the US for determining  a few threats like the cancer risk of low doses of toxic substances. Yet this failure in assessing the risk of  harms from GHG atmospheric concentrations through precautionary science may turn out to be the most catastrophic policy failure in environmental law history. It may explain why earlier conclusions of IPCC underestimated climate impacts it described in its few first assessments, an issue encouraging research on.. In other words this may be a failure with profound implications for the human race.

Another troubling area of ignorance among most climate activists is that the failure of nations to timely adopt a policy to achieve a warming limit goal makes the global challenge for everyone more expensive and more difficult because the delay reduces the carbon budget that must constrain the entire world to achieve any warming limit goal. Therefore their reassurance that ‘we have time’ is greatly misleading in a number of ways

An example of delays cost  was given in the 2019 UNEP report is as follow

In 1992, under the UNFCCC all nations agreed to be bound by the ” no harm” principle which  stipulated that that nations have a duty to adopt climate change policies that prevent activities from within their jurisdiction from harming others outside their jurisdiction.  A nation’s duty to adopt policies that will prevent climate change caused harms is not diminished under the “no harm” rule because these policies will be costly to the nation or they haven’t been fully proven. The reasons there is widespread acceptance of the precautionary principle is that is not difficult to get people to agree that once there is credible evidence that an activity is potentially very harmful to others, the person in control of the activity cant continue to put others at risk because the potentially harmed person has not proven they will be harmed.

Some European nations deal with this issue by shifting the burden off proof from government to the entity in control of the risky matter to determine risk and safety.

Yet most US climate activists and academics engaged in climate usually respond to opponents claims about scientific uncertainty or cost by making counter factual claims about certainty and cost. My advice to them is that they continue to do their good work but they should publicly acknowledge that some scientific uncertainty is not a legitimate excuse for a government to fail to comply with their obligations to reduce the threat of climate change as all countries agreed when the adopted the precautionary principle in the 1992 UNFCCC.

I also urge that activists who are pushing for an economically based solutions couple this to a legally enforceable government deadline for achieving zero GHG emissions because market-based solutions that admittedly could be a productive tool to reduce emissions will likely have to be supplemented by other legal tools to achieve zero GHG emissions needed  ASAP and market-based tools implementation will not likely  be quick enough by themselves. Around the world countries that adopted carbon taxes or cap an trade regimes had to supplement them with other legal tools to achieve net zero reduction goals in a timely matter. Therefore the laudable efforts of many climate activists to get carbon taxes and cap and trade regimes into law could be pursued as a helpful tool to achieve a legally enforceable target. But this tool needs to be supplemented with other legal tools to get to zero emissions ASAP.

In addition, because climate change is now violating the most basic human rights including the rights to life and health, and national responsibilities to protect human rights are not excused because of high costs to a government responsible for preventing human rights violations, nations may not refuse to adopt climate strategies necessary to prevent predicted climate impacts that violate basic human rights on the basis of cost to the nation. Yet this is a missiing subject in the  American conversation about climate change

A 2019 Special Report of the UN General Assembly found that climate change was already causing 150,000 premature deaths, a number which is sure to increase as temperature rises (UN General Assembly, 2019). So US emissions are already contributing to human rights violations but rarely is this brought up in US public discussions of climate issues in the nation that instituted international human rights law although the US is now behind many parts of the world in adopting procedural rights to bring human rights claims that continue to be hurdles to enforcements of some human rights largely because of difficult standing hurdles in US LAW

Climate change is also expected to increase infectious diseases through greater transmissions by bugs including mosquitoes and ticks whose numbers and ranges are expected to increase in a warming world.  Climate change is also expected to cause numerous other health problems and deaths to the world’s population in many additional ways including the increase in pandemics and vector borne diseases.It is already causing massive health problems including loss of life from intense storms, droughts, floods, intense heat, and rising seas and the current numbers of these health problems will surely rise in a warming world. Predicted warming is also already creating international chaos and conflict from the over million refugees that have had to flee their homes due to the loss of water supplies needed for drinking and agriculture.

As horrific as these climate impacts, even modest amounts of additional warming threatens to surpass levels that will trigger various ” tipping points. or positive feedbacks that that could very dangerously speed up the warming. A tipping point may be understood as the passing of a critical threshold in the earth climate system – such as major ocean and atmospheric circulation patterns, the polar ice sheet, and the terrestrial and ocean carbon stores – which produces a steep change in the system. Progress toward triggering a tipping point is often driven by energizing positive feedbacks, in which a change in one component of the climate system leads to further changes that eventually “feedback” onto the original component to amplify the effect. A classic global warming example is the ice-albedo feedback which happens when melting ice sheets cause more heat energy to warm the Earth rather than the ice reflecting the heat energy from the sun out into space.,

To defend itself against charges that climate programs needed to implement the Kyoto Protocol were too costly, the Clinton Administration in July of 1998 prepared a CBA that showed that costs to the United States of complying with Kyoto would not be great.[i] 

The Clinton Administration’s analysis concluded that these costs were justified because damages from a doubling of pre-industrial concentrations of greenhouse gases would cost the United States economy about 1.1 percent of GDP per year, that is $8.9 billion per year.[iii] In so doing the Clinton Administration seemed to acknowledge the validity of climate change counter-movement’s basic argument that domestic action should be limited to actions justifiable by CBA.  That is, at no time did the Clinton Administration assert that the logic of CBA that supported the position of the opponents to Kyoto was ethically problematic; the Clinton Administration simply asserted that the CBA calculations of those that opposed Kyoto were overly pessimistic.

The Clinton administration did not acknowledge any of the specific ethical problems with CBAs applied to environmental problems discussed on this website. In fact, remarkably there was no discussion in EPA or in the US media’s coverage of the Kyoto Protocol about the use of CBA to determine the acceptability of climate change raised the following ethical problems.

  • If climate change is an ethical problem, nations may not determine the acceptability of national climate change policies on the basis of national interest alone; they must acknowledge the duty to not harm others who have not consented to be harmed. Yet the debate in the US about the Kyoto commitment remarkably only focused on harms and benefits to the United States alone. The fact that US ghgs were harming and threatening hundreds of millions of people around the world was not considered or even commented on in my experience when the Clinton administration CBA on the Kyoto Protocol was discussed inside the government.
  • The Clinton administration CBA did not acknowledge the duty of high-emitting nations to compensate those who are greatly harmed by climate change, despite the fact the US had agreed to the “polluter pays” principle in the Rio Declaration in the in 1992. [iv]
  • The Clinton administration CBA did not acknowledge that the duty of the United States to not cause human rights violations despite the fact that the least contentious human rights, including the right to life and security, will be violated by climate change.
  • The Clinton administration CBA treated all harms to human health and the environment form climate change as commodities whose value could be determined in markets or by asking people what they are willing to pay for the entity harmed.
  • The Clinton administration CBA failed to acknowledge that those who might be harmed or killed  by US ghg emissions had a right to consent to be harmed thus violating principles of procedural justice.

In response to the Clinton CBA, opponents of Kyoto argued that the Clinton Administration’s analysis understated the costs to the United States economy.  The fossil fuel industry and others continued to oppose ratification of the Kyoto Protocol mostly on the basis that costs to the United States compliance with the Protocol would exceed benefits.

The most morally repugnant tactics of merchant class schemes that I have seen that have undermined the public good, a behavior predicted by Adam Smith, is likely the climate change disinformation campaign, see numerous articles and videos on the climate change disinformation campaign on this website.

I have struggled to express my view of the depth of the moral depravity of the climate change disinformation campaign which sociologists have well documented who paid for it, how it was organized, and how it operated. See, Is climate  science disinformation a crime against humanity. While fully acknowledging the importance of skepticism to science, skeptics must play by the rules of science including subjecting their claims to peer review. Ethically this is mandatory particularly when the skepticism is circulated to the public with the express goal of undermining the peer-reviewed science for the sole purpose of undermining public support for regulatory action that the most prestigious scientific organizations and Academies of Sciences have claimed government action is necessary to prevent catastrophic harm.

Nor can this be excused on the ground of free speech, a defense that the opponents of climate policies often make when they are confronted by the damage they have done in supporting the climate change disinformation campaign.

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.

Its tactics have included the following which are  further described in several articles and videos on this website under  the  category  climate disinformation.

Climate change is an environmental problem about which a little reflection reveals cant be solved at the national level because CO2 emissions from all countries mix well in the atmosphere, and raise atmospheric concentrations globally and thus are partly responsible for the horrific harms around the world including droughts, floods, more intense storms. In other words US GHG emissions increase climate harms everywhere which is often ignored while the press limits coverage to time left to achieve a Paris warming limit goal.  Because, no other environmental problem known to me has this characteristic , I  have concluded that the failure of competent people in their discipline to give informed advice on several important policy issues is because there are scientific aspects of climate change that are different than other more common environmental problems that require different policy responses that need to consider input from different disciplines.

The fact that excessive GHG emissions from any country are contributing to environmental harms globally because they mix well in the atmosphere raising atmospheric concentrations everywhere is never discussed in the US media in my experience, which is even more startling when the media extensively covers the migrant problem on the Mexican Texas border.

Recently the US media covered the claim of some Republicans that the refugee crisis serge on the Mexican Border was caused by the Democrats while not connecting this to predictions made by the Army War College in 1997 during war games and that i attended and later described in more detail in the 2008 Army War College report referenced above that drought would create migrants in many parts of the world that would cause social disruption and conflict.

In I997, while serving as US EPA Program Manager for UN Organizations, I was  invited to participate in war games at the Army War College which were examining risks from climate change that could cause social conflict. One of the security risks the army examined that day was from refugees in Syria which had a large farming area that was vulnerable to drought. In 2001 a three year drought began in Syria which caused 1,000,000 refugees who are still destabilizing large parts of Europe.

The US army also predicted  over 20 years ago that three countries in Central  America  were  vulnerable  to  drought and  therefore  likely  to  produce  refugees. Yet this aspect of  the refugee problems that are causing social disruption is rarely commented on in the media while discussing refugee problems from Syria and Central America.

The Army War College in a more recent 2008 report assessing climate threats predicted horrific impacts to the United States and around the world leading to social disruption and conflict.  Pumphrey, Carolyn Dr., “Global Climate Change National Security Implications” (2008). Monographs. 65.
https://press.armywarcollege.edu/monographs/65

Yet,  I cant stress enough the moral unacceptability of using violence or property damage as a tactic to respond to injustice as Martin Luther King stressed He also claimed that it will undermine the credibility of the protestor’s moral claim.

 Having written a book in 2002 called “American Heat, Ethical Problems with the US response to Global Warming,”  I was greatly surprised in March 2009 when the George W. Bush State Department invited me to speak to the Scottish Parliament about ethical issues raised by climate-change policies as they were debating an aggressive climate-change law in Edinboro. 

Before I spoke, a Scottish Parliamentarian made an argument that I have never heard any US politician make nor American climate activist. He argued that Scotland should adopt the new aggressive legislation under consideration because the Scots had an obligation to the rest of the world to do so. This justification is remarkably enlightened compared to the Trump’s deeply morally bankrupt justifications for getting the US out of the Paris Agreement on the basis of putting America First. He also gave several other justifications for leaving the deal which were factually wrong such as the Paris Agreement was unfair to the US. The UNFCCC a allows nations to decide what equity  requires of them.

In the coverage of Trump’s decision to get out of the Paris deal all commentators that I have heard ever mentioned that US delay makes achieving the Paris warming limit goal more difficult because the available budget for the world that must constrain the entire world to achieve any warming limit goal has gotten smaller have never mentioned in the press discussion of Trump’s justification for withdrawing from the Paris Deal.

Trump’s America First and claims that the Paris Deal is unfair to the US justification for leaving Paris are based upon obvious easily falsifiable crazy assumptions yet the US media has largely focused public attention on the fact that the US could rejoin which Biden has decided to do.

I noticed during my career as an environmental lawyer in government which started soon after the first Earth day in 1970 that the value of the environment became understood to be more  and more its commodity value, while Rachel Carson claimed that the environment should be preserved for the benefit of future generations. This phenomenon of making the value of everything its commodity value is consistent with the ideology of neoliberalism that continued to gain force beginning in the late 1970s. One  of the neoliberalism’s central ideas is that government’s regulatory decisions should be based on market valuation not ethical logic. This is inconsistent with so many universally accepted ethical principles such as the golden rule that are the basis for much of international law.

By the miid-1980s both Democrats and Republicans used with increasing frequency cost-benefit analysis to determine whether a law or regulation was appropriate. And so by 1997, while the Clinton administration was debating internally whether it should decide to join the Kyoto Protocol on the basis of two cost-benefit analyses both of which had commodified the costs and benefits by looking looking at US impacts of climate change alone, nor consulted with those who who were most vulnerable to climate impacts, nor considered that under the ‘no harm’ rule that the US had agreed to the US is morally if not legally enforceable responsible for harms they contributed to in other countries.

About a decade ago, John Broom, a respected English economist/philosopher was giving a lecture at the University of Delaware, when during a break in his presentation he casually asked the audience a question. “Do you know how to calculate the value of climate caused harms if climate change  kills all the people in the world?” I experienced this question as a Monty Python moment. This is the kind question that a comic would ask to show the obvious absurdity of a claim.


It is amazing to me that many ethical problems with cost benefit analysis are rarely discussed in the US media, despite obvious ethical problems with its use to determine justice. CBA can be productively useful as a tool to determine efficiency of policy options, but as IPCC said economic conclusions by themselves cant determine justice. .

This is another example of the dismal failure of higher educations to teach critical thinking skills needed to effectively evaluate normative conclusions already present in claims about what a government should do given certain facts. For identification of ethical issues raised by climate change policy making relying on cost-benefit analysis, see Brown, D. (2008) Ethical Issues in the Use of Cost-Benefit Analysis of Climate Change Program, https://ethicsandclimate.org/2008/06/01/ethical-issues-in-the-use-of-cost-benefit-analysis-of-climate-change-programs/,

In 1997, I was asked by the US State Department while serving as US EPA Program Manger to the UN to co-chair for the US in a UN negotiation  that was considering a document in which all governments, not IPCC scientists, would be asked to agree that the elevated warming the Earth was already experiencing was human caused.   By the end of the negotiation all approximately 155 nations agreed to a stipulate that the balance of the evidence supported human causation. Yet 30 years later, all Republican presidential candidates and some democratic politicians would not agree that climate change is human caused. Given the destruction to human health, property, and ecological systems on which life depends, this is a failure of monumental tragic significance. Many scientists and academics usually respond to issues about models. In addition to the models being able to usually predict future temperatures  and when run  backward usually describe  prior warming, other evidence that deepen the moral duty to take action is the for me,is  finger prints evidence  and attribution studies that test whether natural forces that have driven Earth’s natural heating an cooling cycles are extraordinary strong evidence that warming is very likely human caused more than enough to crate moral responsibility to act in most peoples views.

Enlightenment philosophers and several US founding fathers claimed that the purpose of a democracy was to achieve the common good. Because of this, and aware that some economically powerful entities or people might try and make the government work for their economic interests, they advised that citizens should be educated in science and other disciplines that would help them critically evaluate factual claims and ethics to enable them to critically evaluate disputes about justice.

In the next post we will describe the overall failure of higher education to educate civil society with critical thinking skills needed to evaluate contentious normative conclusions in claims that arise in government’s efforts to achieve the common good. We will see that some of these problems are also attributable to academic philosophy departments which have mostly focused on theoretical philosophical issues, not on helping training students to spot and resolve ethical issues that arise in policy controversies. Unfortunately and tragically, many universities also have changed their major focus to training students in skills needed in the market economy not to make government work for the common good. And why this has happened has also been the subject of social research that we will write about next

The next entry on this topic  will cover in more detail why higher education is partially responsible for US and other country failures to get traction for ethics in response to national responses to climate change despite the continuing need to praise some academics for their courage in helping civil society understand the validity of mainstream science. To say that higher education is part of the problem should not be interpreted to demean the academics who are making valient contributions but to explain why the US universities ever increasing focus on technical issues is lamentable.

There over 200 entries on these issues on ths website which can be found in the search bar.

Conclusion

Because global cooperation is needed to solve other emerging global threats that cant be solved at the national level, global cooperation will require getting traction for ethics  in international negotiations on these additional threats. Thus problems discussed here are relevant to other emerging needs for  nations to  cooperate on global governance

 

Donald A. Brown

Scholar in Residence,

Sustainability Ethics and Law

Widener University Commonwealth Law School

Winner of the UNESCO prize for excellence in ethics in science

dabrown57@gmail.com

bio 

An American at the Bonn Climate Change Negotiations.

To be an American at the Bonn 2017 climate negotiations felt very different than the 13 other times this writer has participated in the yearly efforts that almost every nation in the world has participated in with the hope of finding a global solution to climate change.

Shortly after entering the huge complex on the Rhine River at which every nation in the world was meeting to finalize the details of the 2015 Paris Accord, I ran into several acquaintances from other years who all remarked about the outrageousness of the US intention announced by President Trump of withdrawing from the global climate change deal.

The United States had a delegation at the Bonn talks that was telling other nations what they should do on an agreement about which the US president wants no part.  According to a representative from India, Dr. Vijeta Rattani, of the New Deli Center for Science and Environment, at the beginning of the Bonn talks the US was obstructing agreement on some issues that had wide support among most other nations.

The US’s main contribution was to host a panel which made a full-throated defense of coal while most of the rest of the world was trying to get an agreement that nations would phase out coal by 2030 because of the likely impossibility of keeping warming to non-catastrophic levels without phasing out of coal combustion.  According to a story in the New York Times before the Trump team could make its case on the benefits of fossil fuel, “the panel was disrupted for more than 10 minutes by scores of chanting and singing demonstrators. The protesters then walked out, leaving the room half empty. Throughout the remainder of the presentation, audience members shouted down and mocked White House officials who attempted to explain away President Trump’s stated view that global warming is a hoax.”

During the Bonn COP, 20 countries including  Angola, Austria, Belgium, Britain, Canada, Costa Rica, Denmark, El Salvador, Fiji, Finland, France, Italy, Luxembourg, the Marshall Islands, Mexico, the Netherlands, New Zealand, Niue, Portugal and Switzerland agreed to phase out of coal combustion by 2030.

Throughout the Bonn talks, representatives of some of the most vulnerable nations to climate change pleaded with high-emitting nations to reduce their greenhouse gas (GHG) emissions in light of the current suffering of their citizens. Among others I talked to early during the Bonn talks was a representative from Seychelles, a nation of 115 islands about 900 miles East of the East African coast in the Indian Ocean, who was strongly disturbed by the US lack of response to climate change given that people on her island were already suffering from rising sea levels and drought which was making it more difficult for her island nation’s citizens to grow food.

I also talked to Africans working on climate issues who claimed that massive human suffering from drought is now visible in the sub-Sahara countries of Mali, Chad, and Niger, suffering which is responsible for the creation of waves of refugees who have been attempting to enter Europe often through Libya, many of whom have drown at sea while those of have made it to Europe are destabilizing European politics.

Throughout the Bonn negotiation complex, most nations mounted pavilions which included displays of climate change impacts already being experienced in their countries, adaptation responses which are underway, and mitigation efforts which they are undertaking.  Walking through the Bonn complex, participants could not escape the conclusion that adverse climate change impacts are not just a future menace but a troubling current reality in much of the world.  Although ten years ago, one could participate in the yearly climate negotiations and conclude that most nations thought that human-induced climate change was mostly a future threat, in November 2017 it is clear that most nations are already experiencing some adverse climate change impacts that they realize they and other nations need to respond to now.

In several Bonn events, representatives of the global scientific community created a mood of gloom and urgency by discussing the magnitude and speed of GHG reductions now necessary to prevent catastrophic climate change harms. One program put on by the United Nations Environment Program (UNEP) described the enormous gap between the GHG emissions reductions pledged so far by nations under the Paris Agreement and those that are required to limit warming to the Paris Accord’s goals of 1.5  to 2.0 degrees C.  A report by UNEP concluded that if the international community fully complied with its GHG emissions reduction pledges made so far, the gap between the pledges and what is needed to achieve the warming limits is “alarmingly high.” The report goes on to say that even if national pledges are fully complied with, the remaining carbon budget that must constrain global GHG emissions to limit warming to 2.0 degrees C will be 80 % depleted by 2030 while by that year the remaining budget to achieve 1.5 degrees C warming limit goal will have been completely depleted. The report also says much more ambitious national pledges are now necessary by 2020, just over two years from now, to have any realistic hope of staying on a reduction pathway necessary to achieve the Paris Agreement’s warming limit goals.

Other scientists during the Bonn negotiations alarmingly warned of the more rapid loss of Arctic ice than what was expected, increasing yearly larger rises of atmospheric CO2 concentration levels perhaps because forest and ocean sinks are starting to decrease, and greater than expected sea level rise.

 Some of the great anger about the United States that I witnessed in Bonn was somewhat muted by the presence of 16 US States and numerous American cities and businesses who had been organized by California governor Jerry Brown and former New York City mayor Michael Bloomberg under the America’s Pledge Campaign. This group which accounted for almost half the US economy had a large presence in Bonn including a large pavilion which showcased what many US sub-national governments and private sector entities were doing to reduce US GHG emissions. One German participant said to me that he had hope that the United States would eventually do the right thing on climate change despite the Trump’s administration indefensible position because of the presence of the defiant US states and local governments. However, he said since these entities only represented about half of the US GHG emissions, the Trump administration’s unwillingness to cooperate with the rest of the world was a major global abomination.

During the last event I went to in Bonn, a UNEP representative discussed the fact that even if every nation fully achieved GHG reductions at levels they committed to, the world was headed toward over a 3 degree C warming in this Century, a level of warming that is extremely dangerous particularly for some parts of the world.  He then exhorted the audience to work tirelessly to get every national, state, regional, and local government to set ambitious GHG reduction targets. The situation is ominous he said, we need “all levels of government, that is nations, regions, and local governments,  to immediately work toward achieving zero carbon emissions.”

By:

Donald A. Brown

Scholar in Residence and Professor

Sustainability Ethics and Law,

Widener University Commonwealth Law School

dabrown57@gmail.com

 

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

marraketch-symbol

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.

marraketch-positive

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

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

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

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

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

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

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

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

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

By:

Donald A. Brown

Scholar in Residence and Professor

Widener University Commonwealth Law School

dabrown57@gmail.com

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.

By:

Donald A. Brown

Scholar In Residence and Professor

Widener University Commonwealth Law School

dabrown57@gmail.com

Sociologist Brulle Explains How America has been Duped on Climate Change

disinformation

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 https://www.washingtonpost.com/news/in-theory/wp/2016/01/06/america-has-been-lied-to-about-climate-change/

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.

By:

Donald A. Brown

Scholar In Residence and Professor

widener

dabrown57@gmail.com

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.

By

Donald A Brown

Scholar In Residence and Professor

Widener Commonwealth University Law School

dabrown57@gmail.com

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

popes

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?

 

By:

Donald A. Brown

Widener University School Of Law

dabrown57@gmail.com

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

climate-and-obama

waroncoali

 

 

 

 

 

 

 

 

 

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.

 

 By: 

Donald A. Brown

Scholar In Residence and Professor

Widener University School of Law

dabrown57@gmail.com