Climate Crisis Lawsuits Expanding Worldwide: 'A Global Phenomenon' to Hold Governments and Corporations Accountable
By Jessica Corbett
An analysis published Thursday details how lawsuits that aim to push governments to more ambitiously the address the climate emergency and make polluting corporations pay for the damage caused by their sizable contributions to global warming are growing in popularity around the world.
The new report from the Grantham Research Institute at the London School of Economics and Political Science — Global Trends in Climate Change Litigation: 2019 Snapshot — focuses on the 1,328 legal actions related to the climate crisis filed between 1990 and May of this year, with cases launched in more than two dozen countries.
The suits have been brought by citizens, non-governmental organizations, businesses and local governments.
Summarizing the study's findings, report co-author Joana Setzer said in a statement that "holding government and businesses to account for failing to combat climate change has become a global phenomenon."
"People and environmental groups are forcing governments and companies into court for failing to act on climate change, and not just in the United States," said Setzer. "Now the number of countries in which people are taking climate change court action is likely to continue to rise."
Though the U.S. accounts for the large majority of the cases — 1,023, according to the report — multiple lawsuits also have been filed in Australia, Brazil, Canada, France, Germany, India, New Zealand, South Africa, Spain and the UK. Researchers also noted cases brought to the European Union, the Inter-American Commission on Human Rights, the Inter-American Court on Human Rights and the U.N. Human Rights Committee.
Among the key findings from the analysis:
- Climate change litigation continues to expand across jurisdictions as a tool to strengthen climate action, though more evidence of its impact is needed;
- Climate change cases have been brought in at least 28 countries around the world, and of the recorded cases more than three quarters have been filed in the U.S.;
- Most defendants are governments but lawsuits are increasingly targeting the highest greenhouse gas-emitting companies;
- Climate change-related claims are also being pursued by investors, activist shareholders, cities and states; and
- Climate change litigation in low- and middle-income countries is growing in quantity and importance.
The report spotlights some high-profile lawsuits, such as Urgenda Foundation v. State of the Netherlands, "the first case to argue successfully for the adoption of stricter emissions reduction targets by a government."
Another landmark case that has garnered global attention is Juliana v. United States, which was heard in June before the Ninth Circuit Court of Appeals in Oregon. "Youth plaintiffs assert that the government's actions that cause climate change violate their constitutional rights to life, liberty, and property," the report explains. "At the time of writing the judges were yet to decide if the case should continue to trial and if the federal government should halt new fossil fuel extraction projects while the court decides the case. The consequences could impact far beyond this suit."
Analyzing the outcomes of litigation within the U.S., researchers found a shift that aligns with when U.S. President Donald Trump took office — and promptly began attempting to roll back his predecessors' climate and environmental policies, which campaigners and scientists sometimes considered inadequate in the long term but still steps in the right direction.
From 1990 to 2016, based on available data from 873 lawsuits, U.S. litigation more often hindered climate policy than favored it, according to the report. However, of the 154 climate lawsuits filed in the first two years of the Trump administration, there were more "favorable" climate cases than "hindering," with a ratio of about 4:1. The report acknowledges that many of the cases from 2017 and 2018 are ongoing.
"Outside the United States, 43 percent of the 305 cases brought between 1994 and May 2019 have led to an outcome that is considered favorable to advancing climate change efforts," the report says, "while 27 percent of cases analyzed have hindered climate change efforts."
The report also highlights the emerging trend of lawsuits from front-line communities seeking money from polluters to cover the costs of adapting to the warming world.
In the past year a spate of public nuisance suits against fossil fuel companies has sought damages potentially amounting to billions of dollars to cover the costs of adaptation (e.g. the cost of infrastructure to protect against sea level rise and other physical impacts of climate change). These lawsuits are also novel in that they were brought by U.S. state governments and municipalities such as the State of Rhode Island, and the cities of New York, San Francisco, and Oakland, rather than citizens or NGOs. The plaintiffs allege that fossil fuel companies continued to produce fossil fuels while knowingly concealing the climate risks.
Though many of the court battles haven't yet been settled, the report seems to serve as a warning to fossil fuel giants. As Setzer put it, "until recently businesses might not have considered a climate change lawsuit to be a risk, but this is something all corporations should now be taking into account."
More broadly, Setzer said that "litigation is clearly an important part of the armory for those seeking to tackle climate change."
"Court cases contribute to greater awareness of climate change issues and can force changes in behavior that could reduce greenhouse gas emissions," she added. "It remains an expensive and potentially risky option, though, if compared to other routes like policy-making."
Setzer hosted a panel discussion on courts and climate justice at a Thursday event held as part of London Climate Action Week. Watch:
Alarming headlines regarding the climate crisis often overshadow positive actions taken by citizens around the world, but that doesn't mean they're not happening. #Climate Action: Can We Change the Climate From the Grassroots Up? https://t.co/8bmAa1g00x— John Lundin 🌊 (@johnlundin) June 23, 2019
Reposted with permission from our media associate Common Dreams.
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Coronavirus Shines Light on Zoos as Danger Zones for Deadly Disease Transmission Between Humans and Animals
By Marilyn Kroplick
The term "zoonotic disease" wasn't a hot topic of conversation before the novel coronavirus started spreading across the globe and upending lives. Now, people are discovering how devastating viruses that transfer from animals to humans can be. But the threat can go both ways — animals can also get sick from humans. There is no better time to reconsider the repercussions of keeping animals captive at zoos, for the sake of everyone's health.
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By Kate Whiting
Bernice Dapaah calls bamboo "a miracle plant," because it grows so fast and absorbs carbon. But it can also work wonders for children's education and women's employment – as she's discovered.
These are the world's most bicycle-friendly cities. Statista<p>"The reason we use bamboo to manufacture bicycles is because it's found abundantly in Ghana and this is not a material we're going to import," says Dapaah, one of the World Economic Forum's Young Global Leaders.</p><p>"It's a new innovation. There were no existing bamboo bike builders in our country, so we were the first people trying to see how best we could utilize the abundant bamboo in Ghana."</p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="a335b5dffdd806bd6bb4debea90c2045"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/dxsb9c4HMn0?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
Supporting Students<p>Besides encouraging Ghanaians to swap vehicles for affordable bikes, Ghana Bamboo Bikes Initiative is helping students save time on walking to school so they have more time to learn.</p><p>Each time they sell a bike, they donate a bike to a schoolchild in a rural community, who might otherwise have to walk for hours to get to school.</p><p>Dapaah knows how transformative a shorter journey to school can be to academic performance. She grew up living with her <a href="https://www.youtube.com/watch?v=sb3joGYmx9A&feature=emb_logo" target="_blank">grandpa, a forester in a rural part of the country</a>.</p><p>"We had to walk three and a half hours every day before I could go to school. He later bought me a bike, so I finished senior high and wanted to go to university."</p><p>The experience inspired her to launch Ghana Bamboo Bikes Initiative with two other students at college.</p><p>"When we started this initiative, I looked back and said, when I was young, I had to walk miles before I could get to school, and sometimes if I was late, I was punished.</p><p>"Why don't we donate bikes for students to encourage them to study and so they can have enough time to be on books."</p><p>To date, they have sold more than 3,000 road, mountain and children's bikes – and Dapaah says they plan to donate <a href="https://www.entrepreneur.com/video/350343" target="_blank">10,000 bikes to schoolchildren over five years</a>.</p>
Empowering Women<p>The enterprise is also providing local jobs. It teaches young people to build bikes, particularly women and those in rural communities, where jobs can be scarce. More than 50% of people they have trained are women.</p><p>Dapaah says they want to boost the number of people they employ to 250 over the next five years and they are looking to partner with NGOs to build a childcare facility so mothers can continue to work.</p>
Reducing Emissions<p>By promoting a cycling culture in Ghana, Dapaah says they're also committed to reducing emissions in the transport sector and contributing to the UN's Sustainable Development Goals.</p><p>"I love the idea of reusing bamboo to promote sustainable cycling. People want to go green, low-carbon, lean-energy efficient," she says.</p>
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Deforestation coupled with the rampant destruction of natural resources will soon have devastating effects on the future of society as we know it, according to two theoretical physicists who study complex systems and have concluded that greed has put us on a path to irreversible collapse within the next two to four decades, as VICE reported.
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By Kristen Pope
Melting and crumbling glaciers are largely responsible for rising sea levels, so learning more about how glaciers shrink is vital to those who hope to save coastal cities and preserve wildlife.
Groans, Creaks, Icebergs’ Calving Splashes<p>Oskar Glowacki already knew that melting glacial ice sounds like frying bacon. As ice bubbles burst, anyone nearby can hear crackling and popping, said Glowacki, a postdoctoral scholar at the Scripps Institution of Oceanography. Using hydrophones, he and other scientists now can make more nuanced measurements of how a changing climate sounds underwater, from the groans, creaks and splashes of a calving iceberg to the changes in whale songs as the ocean warms.</p><p>Glowacki recently used a pair of hydrophones to study the underwater world of glaciers, publishing his findings in <a href="https://www.the-cryosphere.net/14/1025/2020/" target="_blank">The Cryosphere</a>. He and co-author Grant B. Deane measured glacier retreat by <a href="https://yaleclimateconnections.org/2020/07/melting-glaciers-sound-like-frying-bacon/" target="_blank">recording the sounds of ice</a> – from small chunks to enormous slabs – falling off the glacier and splashing into the water.</p><p>During the summer of 2016, Glowacki's team placed two hydrophones near Hansbreen Glacier in Hornsund Fjord, Svalbard. For a month and a half, they recorded sounds, also using three time-lapse cameras to collect images – including the "drop height" (how far the ice fell into the water) – so they could compare photos to the recordings. The team created a formula to represent the relationship between the size of a piece of ice falling from a glacier and the sound it makes underwater, also accounting for the pieces of ice falling from varying heights. (Hear an example of the sound an iceberg makes while calving <a href="https://soundcloud.com/user-248456662/iceberg-calving-hansbreen-glacier" target="_blank">here</a>.)</p>
Unlocking Information About Antarctic Ice Shelf<p>Other researchers also are using hydrophones to learn more about crumbling glaciers. Bob Dziak, research oceanographer with the NOAA/Pacific Marine Environmental Laboratory <a href="https://www.pmel.noaa.gov/acoustics" target="_blank">acoustics research group</a>, captured a massive calving event of the Nansen Ice Shelf in Antarctica with a hydrophone. He published the results with colleagues in <a href="https://www.frontiersin.org/articles/10.3389/feart.2019.00183/full" target="_blank">Frontiers in Earth Science</a></p><p>On April 7, 2016, satellite images showed a massive calving event had occurred on the ice shelf. The paper described it as the "first large scale calving event in >30 years."</p><p>However, once Dziak and colleagues delved into the data from three hydrophones deployed 60 kilometers east of the ice shelf, they uncovered a series of "icequakes" from January to early March 2016. He and other researchers believe that much of the ice actually broke free in mid-January to February, but it remained in the same location until an April storm – which their paper described as the "largest low-pressure storm recorded in the previous seven months" – broke the ice free.</p><p>"We suspected that the icebergs broke apart but remained in place – kind of pinned in place – until a major storm with high winds passed through the area and, finally, it was that last push that pushed the icebergs out to sea," Dziak says.</p><p>He and his co-authors wrote that "fortuitous timing and proximity of the hydrophone deployment presented a rare opportunity to study cryogenic signals and ocean ambient sounds of a large-scale ice shelf calving and iceberg formation event."</p>
Listening to Songs of Humpback Whales<p><a href="https://www.mbari.org/" target="_blank">Monterey Bay Aquarium Research Institute</a> studies the ocean, including its acoustics. One of the institute's projects involves examining the soundscape of California's Monterey Bay, including sounds from animals, humans, weather, and geologic processes like earthquakes. The researchers once even recorded an under-sea landslide. They also focus on recording and analyzing the <a href="http://www.mbari.org/humpback-song/" target="_blank">songs of humpback whales</a>. Male humpback whales' songs can be over 15 minutes in length, and they can be repeated for long periods of time – even hours. Listening to these songs and analyzing them can provide unique insights into the lives of these complex animals.</p><p>"Any time we want to study marine mammals, sound gives us a window into their lives because they use sound for all of their essential life activities, really," says institute biological oceanographer John Ryan. "Communication, foraging, reproduction, navigation – depending on the species, of course."</p><p>Previously, scientists had thought singing occurred only during courtship and mating, but now they think whales may also use song while migrating and hunting. They know song has a crucial role in the whales' lives.</p><p>"There's a whole other dimension to humpback whale song," Ryan says. "It is a mode of cultural transmission in this species. They learn songs from each other. They share songs as a population, and when populations mix and mingle, they learn new ideas, they explore with their song, improvise, and it's a real essential part of their culture."</p>
By William S. Lynn, Arian Wallach and Francisco J. Santiago-Ávila
A number of conservationists claim cats are a zombie apocalypse for biodiversity that need to be removed from the outdoors by "any means necessary" – coded language for shooting, trapping and poisoning. Various media outlets have portrayed cats as murderous superpredators. Australia has even declared an official "war" against cats.
Faulty Scientific Reasoning<p>In our <a href="https://doi.org/10.1111/cobi.13527" target="_blank">most recent publication</a> in the journal Conservation Biology, we examine an error of reasoning that props up the moral panic over cats.</p><p>Scientists do not simply collect data and analyze the results. They also establish a logical argument to explain what they observe. Thus, the reasoning behind a factual claim is equally important to the observations used to make that claim. And it is this reasoning about cats where claims about their threat to global biodiversity founder. In our analysis, we found it happens because many scientists take specific, local studies and overgeneralize those findings to the world at large.</p><p>Even when specific studies are good overall, projecting the combined "results" onto the world at large can cause unscientific overgeneralizations, particularly when <a href="https://doi.org/10.1016/j.tree.2015.01.003" target="_blank">ecological context is ignored</a>. It is akin to pulling a quote out of context and then assuming you understand its meaning.</p>
Ways Forward<p>So how might citizens and scientists chart a way forward to a more nuanced understanding of cat ecology and conservation?</p><p>First, those examining this issue on all sides can acknowledge that both the well-being of cats and the survival of threatened species are legitimate concerns.</p><p>Second, cats, like any other predator, affect their ecological communities. Whether that impact is good or bad is a complex value judgment, not a scientific fact.</p><p>Third, there is a need for a more rigorous approach to the study of cats. Such an approach must be mindful of the importance of ecological context and avoid the pitfalls of faulty reasoning. It also means resisting <a href="https://doi.org/10.1111/cobi.13126" target="_blank">the siren call of a silver (lethal) bullet</a>.</p>
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