American Youth Make Fossil Fuel Industry Confront Climate Science in Federal Court
At a time when humanity must reverse course before plunging over a climate cliff, the American public has elected a president who seems to have both feet on the fossil fuel accelerator. If there is a mechanism to force the Trump Administration to put the brakes on dirty energy policy, a lawsuit brought by 21 young people against the Obama administration may hold the key.
Two days after the presidential election, on Nov. 10, a federal district court in Oregon issued a path-breaking decision in Juliana v. U.S. declaring that youth—indeed, all citizens—hold constitutional rights to a stable climate system.
Victory for America's Youth: Federal Judge Rules Climate Lawsuit Can Proceed https://t.co/iXxiZvf5Nf @climatecouncil @energyaction— EcoWatch (@EcoWatch)1478913606.0
The youth, aged nine to 20 years old, seek a court-supervised plan to lower carbon dioxide emissions at a rate set by a science-based prescription. The judicial role is analogous to court-supervised remedies protecting equal opportunity for students after Brown v. Board of Education.
The Juliana v. U.S. decision could be a legal game-changer, as it challenges the entire fossil-fuel policy of the U.S.
Environmental lawsuits typically rely on statutes or regulations. But Juliana is a human rights case that bores down to legal bedrock by asserting constitutional rights to inherit a stable climate system.
The court, which ruled the suit can proceed to trial, rightly described the case as a "civil rights action"—an action "of a different order than the typical environmental case"—because it alleges that government actions "have so profoundly damaged our home planet that they threaten plaintiffs' constitutional rights to life and liberty." The litigation, variously called "a "ray of hope," a legal "long shot" and a "Hail Mary pass," yielded its groundbreaking decision not a moment too soon.
At a rally for action on climate in 2014. The decisions made by adults will have broad implications for the planet today's youth will live on as adults. Joe Brusky / Flickr
To have any hope of reversing or stalling these effects of climate change, the world must restrict fossil fuel production and ultimately switch to safe renewable energy. Even continued production solely from currently operating oil and gas fields will push the planet to 1.5 degrees Celsius over preindustrial temperatures, beyond the aspirational limit set by the global Paris agreement on climate change.
President-elect Trump, who notoriously claimed that climate change was a hoax perpetrated by the Chinese, has said he plans to immediately approve the highly contentious Keystone pipeline, open public land to drilling, rescind Obama's Clean Power Plan, eliminate NASA's climate research and withdraw from the Paris climate agreement. He intends to spur production of US$50 trillion worth of shale, oil, coal and natural gas.
The 70-year-old president-elect will not live long enough to witness the worst consequences of rapidly expanding fossil fuel development. The cruel irony for young people is that actions taken during Trump's time in office will lock in a future of severe disruptions within their projected lifetimes—and sea level rise that could make coastal cities uninhabitable. James Hansen, formerly the nation's chief climate scientist at NASA, has warned, "Failure to act with all deliberate speed …functionally becomes a decision to eliminate the option of preserving a habitable climate system."
Sea levels are projected to rise at least three feet, and perhaps much more, in the lifetime of children today, inundating some locations and making storm surges more dangerous. The Juliana lawsuit and others like it argue that citizens have a right to a stable climate. NOAA
For decades, the political branches have promoted fossil fuel consumption despite longstanding knowledge about the climate danger. President Obama ignored warnings when he charted a disastrous course of increased fossil fuel production early in office. In a last moment of opportunity to avert climate tipping points, Americans should recall an elementary school civics lesson: The U.S. has three, not two, branches of government. The founders wisely vested an independent judiciary with the responsibility of upholding the fundamental liberties of citizens against infringement by the other branches.
As the president-elect promises to ramp up fossil fuel production and dismantle Obama's recent climate measures, and with no obvious statutory law to prevent him from doing so, only a fundamental rights approach carries any hope of trumping Trump.
In Juliana, the youth asserted their fundamental rights under the Constitution's substantive due process clause and the public trust doctrine. This is an ancient principle requiring government to hold and protect essential resources as a sustaining endowment for citizens. They contended that government infringed on their rights to life, liberty, and property by promoting fossil fuel policies that threaten runaway planetary heating—thereby jeopardizing human life, private property and civilization itself.
The principle of public trust law, dating to the time of Roman Emperor Justinian, holds that natural resources, including the sea, the shores of the sea, the air and running water, are common to everyone. It has since become part of U.S. jurisprudence. Petar Milošević / Wikipedia
Judge Ann Aiken's Juliana decision in November upheld both public trust and substantive due process rights under the Constitution and allowed the case to go forward. "I have no doubt that the right to a climate system capable of sustaining human life is fundamental to a free and ordered society," she wrote, explaining that public trust rights, which "both predated the Constitution and are secured by it," cannot be "legislated away."
The opinion is bound to have a rippling effect. The case is actually part of a wave of atmospheric trust litigation (ATL) cases and petitions across the U.S. and in other countries. Launched by the group Our Children's Trust in 2011, the legal campaign asserts youths' rights to a stable climate system and seeks court-supervised climate recovery plans.
Recent victories in Massachusetts, Pakistan, the Netherlands and Washington state indicate widespread judicial concern over the political branches' failure to confront the climate emergency. The youth plaintiffs hope that the dominoes continue to fall in their favor in time to thwart climate catastrophe.
As ATL moves forward globally, the Juliana case will proceed to trial as early as next summer or fall. The plaintiffs' attorneys aim to show the government's deliberate indifference to mounting climate danger.
Already dubbed "the trial of the century," this is the first time that U.S. fossil fuel policy will confront climate science in court. Any government denial of climate change will have to confront the scrutiny of a fact-finding judge.
Consent Degree From Obama?
The case also offers President Obama a fleeting opportunity.
Five days after the election, Sec. of State Kerry proclaimed that President Obama would use his last days in office to "do everything possible to meet our responsibility to future generations to be able to address this threat to life itself on the planet."
If so, the most viable way might be to offer a partial settlement of the Juliana case before going to trial. One form of settlement could be an enforceable consent decree consisting of interim steps to halt further fossil-fuel mining and infrastructure development. Such a settlement would help secure Obama's measures to close the Arctic to drilling and halt coal leasing on federal lands.
Young Americans could use a down payment on the colossal climate mortgage hanging over their future. And President Obama could use a climate legacy. It may be worth his time now to sit down with the "plucky millennials" who sued him to save the planet—before his time in office runs out.
Mary Wood is the Philip H. Knight Professor of Law at the University of Oregon. Charles W. Woodward, IV is a post graduate research fellow at University of Oregon. Michael C. Blumm is the Jeffrey Bain Scholar & Professor of Law at Lewis & Clark. Reposted with permission from our media associate The Conversation.
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Wisdom the mōlī, or Laysan albatross, is the oldest wild bird known to science at the age of at least 70. She is also, as of February 1, a new mother.
<div id="dadb2" class="rm-shortcode" data-rm-shortcode-id="aa2ad8cb566c9b4b6d2df2693669f6f9"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1357796504740761602" data-partner="rebelmouse"><div style="margin:1em 0">🚨Cute baby alert! Wisdom's chick has hatched!!! 🐣😍 Wisdom, a mōlī (Laysan albatross) and world’s oldest known, ban… https://t.co/Nco050ztBA</div> — USFWS Pacific Region (@USFWS Pacific Region)<a href="https://twitter.com/USFWSPacific/statuses/1357796504740761602">1612558888.0</a></blockquote></div>
By Hui Hu
Winter is supposed to be the best season for wind power – the winds are stronger, and since air density increases as the temperature drops, more force is pushing on the blades. But winter also comes with a problem: freezing weather.
Comparing rime ice and glaze ice shows how each changes the texture of the blade. Gao, Liu and Hu, 2021, CC BY-ND
Ice buildup changes air flow around the turbine blade, which can slow it down. The top photos show ice forming after 10 minutes at different temperatures in the Wind Research Tunnel. The lower measurements show airflow separation as ice accumulates. Icing Research Tunnel of Iowa State University, CC BY-ND
While traditional investment in the ocean technology sector has been tentative, growth in Israeli maritime innovations has been exponential in the last few years, and environmental concern has come to the forefront.
theDOCK aims to innovate the Israeli maritime sector. Pexels<p>The UN hopes that new investments in ocean science and technology will help turn the tide for the oceans. As such, this year kicked off the <a href="https://www.oceandecade.org/" target="_blank" rel="noopener noreferrer">United Nations Decade of Ocean Science for Sustainable Development (2021-2030)</a> to galvanize massive support for the blue economy.</p><p>According to the World Bank, the blue economy is the "sustainable use of ocean resources for economic growth, improved livelihoods, and jobs while preserving the health of ocean ecosystem," <a href="https://www.sciencedirect.com/science/article/pii/S0160412019338255#b0245" target="_blank" rel="noopener noreferrer">Science Direct</a> reported. It represents this new sector for investments and innovations that work in tandem with the oceans rather than in exploitation of them.</p><p>As recently as Aug. 2020, <a href="https://www.reutersevents.com/sustainability/esg-investors-slow-make-waves-25tn-ocean-economy" target="_blank" rel="noopener noreferrer">Reuters</a> noted that ESG Investors, those looking to invest in opportunities that have a positive impact in environmental, social and governance (ESG) issues, have been interested in "blue finance" but slow to invest.</p><p>"It is a hugely under-invested economic opportunity that is crucial to the way we have to address living on one planet," Simon Dent, director of blue investments at Mirova Natural Capital, told Reuters.</p><p>Even with slow investment, the blue economy is still expected to expand at twice the rate of the mainstream economy by 2030, Reuters reported. It already contributes $2.5tn a year in economic output, the report noted.</p><p>Current, upward <a href="https://www.ecowatch.com/-innovation-blue-economy-2646147405.html" target="_self">shifts in blue economy investments are being driven by innovation</a>, a trend the UN hopes will continue globally for the benefit of all oceans and people.</p><p>In Israel, this push has successfully translated into investment in and innovation of global ports, shipping, logistics and offshore sectors. The "Startup Nation," as Israel is often called, has seen its maritime tech ecosystem grow "significantly" in recent years and expects that growth to "accelerate dramatically," <a href="https://itrade.gov.il/belgium-english/how-israel-is-becoming-a-port-of-call-for-maritime-innovation/" target="_blank" rel="noopener noreferrer">iTrade</a> reported.</p><p>Driving this wave of momentum has been rising Israeli venture capital hub <a href="https://www.thedockinnovation.com/" target="_blank" rel="noopener noreferrer">theDOCK</a>. Founded by Israeli Navy veterans in 2017, theDOCK works with early-stage companies in the maritime space to bring their solutions to market. The hub's pioneering efforts ignited Israel's maritime technology sector, and now, with their new fund, theDOCK is motivating these high-tech solutions to also address ESG criteria.</p><p>"While ESG has always been on theDOCK's agenda, this theme has become even more of a priority," Nir Gartzman, theDOCK's managing partner, told EcoWatch. "80 percent of the startups in our portfolio (for theDOCK's Navigator II fund) will have a primary or secondary contribution to environmental, social and governance (ESG) criteria."</p><p>In a company presentation, theDOCK called contribution to the ESG agenda a "hot discussion topic" for traditional players in the space and their boards, many of whom are looking to adopt new technologies with a positive impact on the planet. The focus is on reducing carbon emissions and protecting the environment, the presentation outlines. As such, theDOCK also explicitly screens candidate investments by ESG criteria as well.</p><p>Within the maritime space, environmental innovations could include measures like increased fuel and energy efficiency, better monitoring of potential pollution sources, improved waste and air emissions management and processing of marine debris/trash into reusable materials, theDOCK's presentation noted.</p>
theDOCK team includes (left to right) Michal Hendel-Sufa, Head of Alliances, Noa Schuman, CMO, Nir Gartzman, Co-Founder & Managing Partner, and Hannan Carmeli, Co-Founder & Managing Partner. Dudu Koren<p>theDOCK's own portfolio includes companies like Orca AI, which uses an intelligent collision avoidance system to reduce the probability of oil or fuel spills, AiDock, which eliminates the use of paper by automating the customs clearance process, and DockTech, which uses depth "crowdsourcing" data to map riverbeds in real-time and optimize cargo loading, thereby reducing trips and fuel usage while also avoiding groundings.</p><p>"Oceans are a big opportunity primarily because they are just that – big!" theDOCK's Chief Marketing Officer Noa Schuman summarized. "As such, the magnitude of their criticality to the global ecosystem, the magnitude of pollution risk and the steps needed to overcome those challenges – are all huge."</p><p>There is hope that this wave of interest and investment in environmentally-positive maritime technologies will accelerate the blue economy and ESG investing even further, in Israel and beyond.</p>
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