By Jason Mark
Can any one group of actors be held responsible for the damages caused by global climate change?
That was the central question argued in federal court on Thursday as attorneys representing San Francisco and Oakland tried to beat back efforts by ExxonMobil, BP, Chevron, ConocoPhillips and Royal Dutch Shell to have a judge throw out a potentially groundbreaking climate change related lawsuit.
The nearly three-hour hearing was the latest round in a burgeoning effort by cities and counties nationwide to hold major fossil fuel producers accountable for climate change-related damages. Last year, seven California cities and counties sued the oil majors, claiming that their production and sale of fossil fuels—even as they were aware of the risks of CO2 emissions—constitute a public nuisance. Since then, similar suits have been filed by New York City; Boulder and two Colorado counties; and King County, Washington, home to the city of Seattle. (For more, see SIERRA's May/June cover story, "The Case for Climate Reparations.")
Thursday's hearing represented the first major test of such lawsuits as Judge William Alsup considered whether the Oakland and San Francisco complaint should move forward. The defendants challenged the lawsuit on a broad range of grounds, forcing Judge Alsup, a Clinton-appointee known for being an idiosyncratic jurist, to say at one point, "There are a lot of arguments here. As soon as I focus on one, you run off to another one."
The defendants' arguments for dismissing the suit centered on two main questions: whether the Federal District Court for Northern California is an appropriate jurisdiction to decide the case, and, of larger concern, whether the lawsuits might be displaced by existing federal laws and policies.
Arguments hinged on a welter of legal terms such as "general jurisdiction" versus "personal jurisdiction" versus "specific jurisdiction," while also touching on the distinctions between a holding company and an operating company. (Lawyers for Royal Dutch Shell maintained that the Netherlands-based multinational corporation is a holding company, and therefore has no agents in California.) In the course of the arguments it became clear that the very scale of the contested issue—global climate change—further complicates the questions of jurisdiction. The defendants argued that it's hard, if not impossible, to establish direct causation for a specific harm when the source of that harm is billions of people burning fossil fuels worldwide.
"[The plaintiffs] have decided that they do not want to and cannot disaggregate the conduct that leads to their harm," Jaren Janghorbani, an attorney representing ExxonMobil, said. "They cannot attribute any of the harm they are alleging to the company's activities in California."
Jonathan Hughes, a lawyer representing BP, echoed that point. "The amount [of CO2 emissions from its California operations] that could be attributed to BP would be a fraction of a fraction of a fraction of a percent. And under the but-for argument, if BP hadn't produced any fossil fuels, would they have still suffered an injury? The answer is yes. We are talking about a speck in the ocean."
In response, Benjamin Krass, a lawyer representing San Francisco and Oakland, said the oil company attorneys were "muddying up" the but-for argument—the principle of tort law that establishes liability. "The end result of the defendants' argument is that a company that does business everywhere should be held accountable nowhere."
In the end, Judge Alsup said he didn't have enough information to make a decision on the jurisdiction question. He gave both sides at least 60 days for a discovery process and depositions to establish whether each of the defendants has sufficient business operations in California for the two California cities to claim injury.
That left Chevron, the only defendant headquartered in California, to argue for dismissal based on the merits of the case. Chevron attorney Theodore Boutrous, Jr. began by saying that the cities' claims stretch federal common law and that "the plaintiffs are asking this court to throw caution to the wind." Boutrous went on to argue that a complex issue like climate change "should be committed to those who write the laws rather than those who interpret them." And Congress, Boutrous argued, has again and again passed laws in favor of fossil fuel production. "Congress has made clear that energy production is not a public nuisance; it is a public necessity."
As a rebuttal, Steve Berman, the lead counsel for the two cities, argued that the cities' complaints are not nearly as novel as the defendants make it seem—but instead merely the application of ancient laws to contemporary circumstances. "The law of nuisance has been around forever, and it has responded to changes in mankind. What we are doing is applying hundreds of years of law to a new situation." Berman later said, "We allege that this was a deliberate nuisance, based on phony science."
The San Francisco and Oakland case has generated a great deal of attention among legal scholars and climate change activists. In March, Judge Alsup held an unusual "climate science tutorial" as a preliminary step in the case—an event that attracted so big a crowd, the court had to reserve an overflow room. The case has also become a proxy battle of sorts. Fifteen states with Republican attorneys general—including Indiana, Colorado, Kansas and Louisiana—filed an amicus brief in support of the oil corporations' position. Meanwhile, California, New Jersey and Washington filed their own brief backing the cities' arguments.
The federal government has also weighed in. Two weeks ago the U.S. Department of Justice filed a brief supporting the five oil companies, and on Thursday, Eric Grant, a deputy assistant attorney general, was given time to express the federal government's opposition to the San Francisco and Oakland suits. "It is upon Congress, not the courts, to prescribe policy in areas of special interest," Grant said. "As this court knows, in respect to domestic emissions, the kind of national policy-making sought by plaintiffs is inappropriate … [Climate change] is a complex issue involving trade-offs affecting a nation of more than 300 million people. Individual federal district courts lack the competence to undertake that task."
The federal government's arguments appeared to give Judge Alsup pause, even as he continued to express exasperation with the legal maneuverings of some of the defendants. "There is no court in the history of the universe that has extended this [federal common law] to global warming," the judge said. "The United States is pointing to Supreme Court language that judges like me have to move slowly … There's no doubt there will be some sea rise. But will it be in 75 years or 25 years? We don't know."
To which Berman, the plaintiff's attorney, responded, "That's what the trial is for. Today we're talking about a motion to dismiss."
Whether the case will ever make it to a trial is, of course, now in the hands of Judge Alsup.
Chevron Presents on Climate Science While Oil Companies Move to Dismiss Landmark Case https://t.co/5G7gd1Ondw… https://t.co/7LzfhEl7y3— EcoWatch (@EcoWatch)1521729666.0
Reposted with permission from our media associate SIERRA magazine.
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By Matthew J. Landry and Heather Eicher-Miller
When university presidents were surveyed in spring of 2020 about what they felt were the most pressing concerns of COVID-19, college students going hungry didn't rank very high.
Why It Matters<p>This is not just a matter of growling stomachs. This is a straight-up education and health issue.</p><p>When students don't really know if they'll be able to get enough to eat, it can lead to a series of problems that make it harder to stay in school. For instance, it can affect <a href="https://doi.org/10.1177%2F1359105318783028" target="_blank">academic performance</a> and <a href="https://doi.org/10.1186/s12889-019-6943-6" target="_blank" rel="noopener noreferrer">sleep quality</a>. It can also lead to <a href="https://doi.org/10.1177/1359105318783028" target="_blank" rel="noopener noreferrer">poor mental and physical health</a> outcomes for college students.</p><p>Food insecurity can also result in disrupted eating patterns if there is <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6627945/" target="_blank" rel="noopener noreferrer">not enough food or the variety</a> or <a href="https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-019-6943-6" target="_blank" rel="noopener noreferrer">quality of what someone eats</a> is low.</p>
Campus Food Pantries<p>Previous strategies by <a href="https://www.gao.gov/assets/700/696254.pdf" target="_blank">colleges and universities</a> to fight hunger in their student bodies have varied widely. They include campus food pantries, emergency cash assistance and nutrition education through noncredit classes or workshopse.</p><p>These strategies were put to the test during the spring 2020 semester, when nearly <a href="https://hope4college.com/wp-content/uploads/2020/06/Hopecenter_RealCollegeDuringthePandemic.pdf" target="_blank">three in five students</a> said they had trouble meeting their own basic needs during the pandemic.</p><p>College food pantries saw <a href="https://www.utrgv.edu/newsroom/2020/05/01-utrgv-student-food-pantry-seeing-recent-increase-in-demand-during-covid-19.htm" target="_blank" rel="noopener noreferrer">big increases</a> in demand. Others said they <a href="https://www.theprospectordaily.com/2020/09/22/uteps-food-pantry-is-running-out-of-food/" target="_blank" rel="noopener noreferrer">were getting less donated food</a>. This made it even harder to meet the rising food needs of students.</p><p>Campus food pantries largely rely on local or regional food banks, which have been dealing with <a href="https://www.indystar.com/story/news/local/2020/10/04/indiana-food-banks-call-more-food-stamps-meet-publics-need/3523683001/" target="_blank" rel="noopener noreferrer">greater demand</a> than they are able to meet during the pandemic.</p><p>The many students who are attending college remotely will, of course, have less access to campus resources like food pantries.</p>
Federal Help<p>Other potential ways to get more food are government programs like the <a href="https://www.fns.usda.gov/snap/recipient/eligibility" target="_blank">Supplemental Nutrition Assistance Program</a>, known as SNAP. Yet the majority of able-bodied students are not eligible. Long-standing restrictions, like the <a href="https://www.fns.usda.gov/snap/students" target="_blank">college SNAP rule</a>, prevent full-time students from receiving these benefits.</p><p>Such regulatory hurdles were created under the assumption that most students can rely on their parents to get enough to eat. However, college students have vastly different levels of financial support. Some students can rely on their parents for everything and others cannot rely on their parents for anything.</p><p>Decreased reliance on parental financial support is <a href="https://ir.library.louisville.edu/jsfa/vol47/iss3/5/" target="_blank">especially common</a> for first-generation students and students of color, who now make up <a href="https://1xfsu31b52d33idlp13twtos-wpengine.netdna-ssl.com/wp-content/uploads/2019/02/Race-and-Ethnicity-in-Higher-Education.pdf" target="_blank" rel="noopener noreferrer">45% of enrolled college students</a>.</p><p>Under normal circumstances, many college students might rely on part-time jobs to pay for their food.</p>
Short-Term Solutions<p>Universities and colleges can make it a priority to ensure students are aware of all available campus resources and services. They can also potentially help students apply for federal assistance benefits.</p><p>Campus food pantries are not a fully effective and efficacious solution for the scale of college food insecurity, but they can be a good interim solution to increase access to food for students.</p><p>Campuses without food pantries can start one, making use of resources the <a href="https://cufba.org/resources/" target="_blank">College and University Food Bank Alliance</a> provides. Schools with food pantries can try to get them to <a href="https://www.swipehunger.org/5campuspantry/" target="_blank" rel="noopener noreferrer">reach more students</a>.</p><p>Universities and colleges can also lean on one another for support. The <a href="http://wp.auburn.edu/endchildhungeral/alabama-campus-coalition-for-basic-needs/" target="_blank" rel="noopener noreferrer">Alabama Campus Coalition for Basic Needs</a> is a great example of this. It brings together 10 universities across the state of Alabama collectively working to address student food insecurity.</p>
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Plain Naturals is making waves in the CBD space with a new product line for retail customers looking for high potency CBD products at industry-low prices.
Is More CBD Really Better?<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDU2ODQyNC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYzMzYxMDMzN30.6B08i5QYW_Iq5bUf3qtm8oK8o6FKsRUZ74gdakgJ_TY/img.jpg?width=980" id="0ef5b" class="rm-shortcode" data-rm-shortcode-id="bac86abf3ce246742b18b0dc4052f4dd" data-rm-shortcode-name="rebelmouse-image" />
Plain Naturals offers a 5000mg CBD oil tincture in 30ml bottle for $99.99.<p>Consumers have gotten used to paying high prices for low amounts of cannabidiol. Plain Naturals is beginning to change that. There are myriad <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5569602/%23:~:text=Chronic%2520use%2520and%2520high%2520doses,be%2520well%2520tolerated%2520by%2520humans.&text=Nonetheless%252C%2520some%2520side%2520effects%2520have,vitro%2520or%2520in%2520animal%2520studies." target="_blank" rel="noopener noreferrer nofollow">studies</a> showing that low doses of CBD (less than 50mg per day) are ineffective for many users. And many clinical <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5569602/%23:~:text=Chronic%2520use%2520and%2520high%2520doses,be%2520well%2520tolerated%2520by%2520humans.&text=Nonetheless%252C%2520some%2520side%2520effects%2520have,vitro%2520or%2520in%2520animal%2520studies." target="_blank" rel="noopener noreferrer nofollow">studies</a> have shown effective dosages of 100 - 800mg per day to be effective for many conditions ranging from <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5569602/%23:~:text=Chronic%2520use%2520and%2520high%2520doses,be%2520well%2520tolerated%2520by%2520humans.&text=Nonetheless%252C%2520some%2520side%2520effects%2520have,vitro%2520or%2520in%2520animal%2520studies." target="_blank" rel="noopener noreferrer nofollow">anxiety and depression to Parkinson's disease and cancer</a>. And several <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5569602/%23:~:text=Chronic%2520use%2520and%2520high%2520doses,be%2520well%2520tolerated%2520by%2520humans.&text=Nonetheless%252C%2520some%2520side%2520effects%2520have,vitro%2520or%2520in%2520animal%2520studies." target="_blank" rel="noopener noreferrer nofollow">studies</a> published by the National Institutes of Health have shown up to 1500mg per day to be consistently "well-tolerated" by adults. </p><p>Now it is always recommended to begin with a lower dosage and increase until an effective dose has been reached. But the advantage of starting with a higher potency CBD oil is that it is much easier to use less to start with and increase over time than to buy very low dose CBD oil and ultimately end up buying more and more stronger products. To start at 50mg per dose of a 5000mg oil, you would simply use ⅓ dropper or about 10-12 drops.</p>
The Truth About CBD Product Potency<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDU2ODMyNC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYyNDc2NTg1N30.OAm3iOTO_pKZLXi7KdJ7n0DGOFMdOmIYuG4ArGooFC4/img.jpg?width=980" id="d657c" class="rm-shortcode" data-rm-shortcode-id="ee016a81b29caa699b9185b64ce345d6" data-rm-shortcode-name="rebelmouse-image" />
CBD gummies from Plain Naturals are 100% vegan and sugar free.<p>Unlike most CBD brands which can be much smoke and mirrors when it comes to stating their product quality, potency and consistency, PlainNaturals.com has <a href="https://plainnaturals.com/product-information" target="_blank" rel="noopener noreferrer nofollow">lab tests</a> conducted by FDA/DEA approved laboratories and publishes their product lab test <a href="https://plainnaturals.com/product-information" target="_blank" rel="nofollow noreferrer noopener">reports</a> right on their website so customers know the quality of the product they are buying. </p><p>In a recent <a href="https://crnusa.org/sites/default/files/RAC%2520attachments/CBD/CBD%2520RTC%2520Final.pdf" target="_blank" rel="noopener noreferrer nofollow">report</a> published by the Food and Drug Administration, FDA tested 147 cbd oils and cbd products. They found that of the 102 products that indicated a specific amount of CBD, 18 products (18%) contained less than 80% of the amount of CBD indicated; 46 products (45%) contained within 20% of the amount of CBD indicated; 38 products (37%) contained more than 120% of the amount of CBD indicated and of those 147 products, the FDA also found nearly half contained levels of THC above the limit of 3.1 mg per serving (or .3%). </p><p>So there's a 70% chance that a CBD consumer is not getting what they pay for and a 50% chance that the product they are buying may not be legal.</p><p>When you buy CBD oil online from <a href="https://plainnaturals.com/" target="_blank" rel="nofollow noreferrer noopener">PlainNaturals.com</a>, you also get an unconditional money back guarantee and the manufacturer's warranty of the product quality and potency.</p>
CBD and Hemp Creams offer high-benefit, low-cost options to consumers.<p>Plain Naturals has taken the uncertainty out of the online CBD store process. By offering detailed laboratory reports on all their products and offering a money back guarantee, PlainNaturals.com online CBD store puts control back in the hands of the consumer when it comes to making their decision about where to buy CBD online.</p><p>In all 50 states and at the federal level it is 100% legal to <a href="https://plainnaturals.com/shop/ols/categories/cbd-oils" target="_blank" rel="nofollow noreferrer noopener">buy CBD oil online</a> from an online CBD store provided that the product meets the standards set forth in federal regulations, containing not more than 0.3% THC and manufactured from industrial hemp.</p><p><a href="https://plainnaturals.com/" target="_blank" rel="noopener noreferrer nofollow">PlainNaturals.com</a> offers CBD (Cannabidiol) products like <a href="https://plainnaturals.com/shop/ols/categories/cbd-oils" target="_blank" rel="noopener noreferrer nofollow">CBD Oils</a>, <a href="https://plainnaturals.com/shop/ols/categories/cbd-gummies--edibles" target="_blank" rel="noopener noreferrer nofollow">CBD gummies and edibles</a>, <a href="https://plainnaturals.com/shop/ols/categories/cbd-isolate-powder" target="_blank" rel="noopener noreferrer nofollow">CBD isolate powder</a>, wholesale CBD, <a href="https://plainnaturals.com/shop/ols/categories/cbd--hemp-creams--lotions" target="_blank" rel="noopener noreferrer nofollow">CBD and hemp cream</a> and <a href="https://plainnaturals.com/shop/ols/categories/essential-oils--aromatherapy" target="_blank" rel="noopener noreferrer nofollow">essential oils</a>. <a href="https://plainnaturals.com/" target="_blank" rel="noopener noreferrer nofollow">PlainNaturals.com</a> continues to be a top supplier of wholesale CBD products to retailers and has also opened a retailer online portal for stores and CBD dealers to buy CBD in bulk.</p><p>EcoWatch readers can take advantage of a special offer from <a href="https://plainnaturals.com/" target="_blank" rel="noopener noreferrer nofollow">PlainNaturals.com</a> and save an additional 25% off any purchase of $99 or more through 10/31/20 with coupon code <strong>ecowatch25</strong>.</p>
By Dr. Kate Raynes-Goldie
Of all the plastic we've ever produced, only 9% has been recycled. So what happened to all that plastic you've put in the recycling bin over the years?
Triangle of Mistruths<p>The myth created around plastic recycling has been one of simplicity. We look for the familiar triangle arrows, then pop the waste in the recycling bin so it can be reused.</p><p>But the true purpose of those triangles has been misunderstood by the general public ever since their invention in the 1980s.</p><p>These triangles were actually created by the plastics industry and, according to a report provided to them in July 1993, <a href="https://www.npr.org/transcripts/912150085" target="_blank">were creating "unrealistic expectations"</a> about what could be recycled. But they decided to keep using the codes.</p><p>Which is why many people still believe that these triangular symbols (also known as a <a href="https://sustainablepackaging.org/101-resin-identification-codes/" target="_blank" rel="noopener noreferrer">resin identifier code</a> or RIC) means something is recyclable.</p><p>But according to the American Society for Testing and Materials International (ASTM) – which controls the RIC system – the numbered triangles "<a href="https://www.astm.org/Standards/D7611.htm" target="_blank" rel="noopener noreferrer">are not recycle codes</a>." In fact, they weren't created for the general public at all. They were made for the post-consumer plastic industry.</p><p>In other words, the symbols make it easier to sort the different types of plastics, some of which cannot be recycled – <a href="https://www.ecobin.com.au/understand-recycling-codes/" target="_blank" rel="noopener noreferrer">depending on the recycling facility</a>.</p><p>"Unfortunately, just placing your plastic into the recycling bin doesn't mean it will get recycled," says Lara Camilla Pinho. She is an architect and lecturer at the UWA School of Design who is researching novel uses of plastic waste.</p><p>"The recycling system is complicated and often dictated by market demand. Not all plastic is recyclable. We cannot recycle plastic bags or straws for example."</p>
Behind the Scenes<p>So, what makes recycling plastics so difficult?</p><p>"Essentially, there are two types of plastics – thermoplastics and thermosets. While thermoplastics can be re-melted and re-molded, thermosets contain cross-linked polymers that cannot be separated meaning they cannot be recycled," says Lara.</p><p>"Even thermoplastics have a limit to the amount of times we can recycle them, as each time they are recycled they downgrade in quality."</p><p>Even when plastics are recyclable, it is <a href="https://www.theguardian.com/environment/2019/oct/13/war-on-plastic-waste-faces-setback-as-cost-of-recycled-material-soars" target="_blank">often more costly</a> than simply making new plastics.</p>
Sugar, Seaweed and Mushrooms<p>If the conventional recycling system isn't working, what else can we do with all the plastic we've created?</p><p>Lara is looking for ways to add value to recycled plastics such as using it in the design and development of architectural products. She hopes to use these architectural products to help underserved communities that are disproportionately affected by plastic waste.</p><p>In addition to recycling, we also need to find ways to reduce our use of virgin petroleum-based plastics.</p><p>Bioplastic is one such product that has been getting a lot of hype over the last few years. And although they're better than petroleum-based plastics, bioplastics also come with their own <a href="https://phys.org/news/2017-12-truth-bioplastics.html" target="_blank">set of challenges</a>.</p><p>"There are already a lot of bio-based alternatives to plastic, such as bagasse – a byproduct of sugar cane processing," says Lara.</p><p><a href="https://blogs.scientificamerican.com/observations/the-mycelium-revolution-is-upon-us/" target="_blank" rel="noopener noreferrer">Mycelium</a>, a type of fungi we most often associate with mushrooms, are also providing an interesting plastic alternative.</p><p>"In the field of architecture, mycelium is starting to be used as an alternative to plastic insulation, but also as compostable packaging and bricks," says Lara.</p><p>"The bricks take around five days to make and are strong, durable, water resistant and compostable at the end of their use."</p><p><a href="https://www.arup.com/news-and-events/hyfi-reinvents-the-brick" target="_blank" rel="noopener noreferrer">Hy-Fi Tower</a>, created by <a href="http://www.thelivingnewyork.com/living_about.html" target="_blank" rel="noopener noreferrer">The Living</a>, is an example of a building made from these bricks.</p><p>And finally, there's seaweed.</p><p>"[Seaweed is] cheap and can reproduce itself quickly without fertilizers. In architecture, there is use for seaweed as an alternative to plastic insulation but also as cladding," says Lara.</p>
More Money, More Problems<p>While all these alternatives are great, the main cause of our plastic dilemma is not scientific or technological, but economic.</p><p>As long as it remains <a href="https://engineering.mit.edu/engage/ask-an-engineer/why-is-it-cheaper-to-make-new-plastic-bottles-than-to-recycle-old-ones/" target="_blank">cheaper to create new plastics</a> from fossil fuels rather than from bioplastics or from recycling, we're going to be stuck with plastic garbage islands floating in our oceans.</p><p>The true cost to our health and our environment has yet to be included in the equation. But once it is, maybe that is when the real shift will happen.</p>
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Towards the end of the final presidential debate of the 2020 election season, the moderator asked both candidates how they would address both the climate crisis and job growth, leading to a nearly 12-minute discussion where Donald Trump did not acknowledge that the climate is changing and Joe Biden called the climate crisis an existential threat.
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