Dear Josh, et al., As someone who did a book on climate litigation a few years ago, I actually think it’s a fine idea. Specific responses below. wil
Dr. Wil Burns Co-Executive Director, Forum for Climate Engineering Assessment A Scholarly Initiative of the School of International Service, American University 2650 Haste Street, Towle Hall #G07 Berkeley, CA 94720 650.281.9126 (Phone) http://www.dcgeoconsortium.org<http://www.dcgeoconsortium.org/> [cid:[email protected]] Blog: Teaching Climate/Energy Law & Policy, http://www.teachingclimatelaw.org Twitter: https://twitter.com/wil_burns Skype ID: Wil.Burns From: [email protected] [mailto:[email protected]] On Behalf Of Gellers, Joshua Sent: Wednesday, August 19, 2015 8:58 AM To: [email protected]; Aaron Wolf <[email protected]>; [email protected]; Cristina Inoue <[email protected]> Subject: Re: [gep-ed] Fwd: 8-year-old takes US government to court over climate change I hate to be a wet blanket, but I really question the wisdom of an action like this for a few reasons. 1) Obama just rolled out the Clean Power Plan and we're 4 months away from COP21 in Paris. Is this issue likely to be resolved in the court system prior to the US making new climate change commitments? · The commitments that will (or won’t) be established at COP21 and the call for an emissions reduction commitment that effectuates an atmospheric CO2 concentration of 350ppm aren’t mutually exclusive. The architecture that is being developed at the international level calls for ongoing monitoring of the stringency of the commitment to ensure that it comports with the overarching objective of the UNFCCC to avoid dangerous anthropogenic interference with the climate system. If the plaintiffs in this case were to ultimately prevail, and the science underpinning the suit ultimately establishes the necessity to aim for 350ppm (which is certainly not a novel construct at this point in the game), the international process would permit ratcheting up the commitments to reflect evolving standards of climate science; · In terms of the Clean Power Plan, it’s laudable that someone is attempting to push the US to be more ambitious, because the CPP is a bit of a chimera for a couple of reasons: o Some back of the envelope estimates indicate that we may have reduced emissions in this country by as much as 22% below 1990 levels by the end of this year, which means that the CPP objective is likely irrelevant in terms of policymaking, because the business as usual scenarios ultimately result in GREATER emissions reductions than the order by 2030; o The CPP objectives are WAY below what’s necessary to ensure even a reasonable chance of avoiding passing the 2C threshold, perhaps by a factor of FOUR or more. I applaud the plaintiffs in helping to point this out. 2) This plays right into the hands of conservatives who think liberals use children as political pawns in an attempt to further their agenda. Thus, this will move is unlikely to curry favor with those across the aisle. Further, the complaint seems to be geared towards compelling the executive to take action. We have already observed how the right reacts to what they consider to be executive overreach on issues like Cuba, Syria, immigration, etc. · I’m not terribly concerned about currying favor with conservatives on this issue, because there’s no favor to curry. Republicans have already made it clear that they plan to file a flurry of lawsuits challenging the CPP; many of them have vowed to not implement it in their respective states. It strains credulity to believe that a lawsuit by a bunch of kids is going to make them less cooperative, and I’m not even sure what that would look like, i.e. what else would they do? Ditto on the issue of executive outreach; the right regularly paints Obama as a despot; I sincerely doubt they could become any more exorcised if he was compelled by court order to strengthen the CPP. 3) The US is not the Netherlands. If this case somehow made it to SCOTUS, it would be a hard sell. Scalia in particular abhors recreational/aesthetic claims regarding the environment, and I'm not sure Kennedy would be more sympathetic (albeit for different reasons). · Undoubtedly this would be a hard sell, but I view the nature of litigation of this nature a bit more broadly, i.e. as a means to help shape norms. There’s been lot of precedent in history for young people to publicize issues that are of particular concern to them, and that can send a powerful message. From a perspective of intergenerational equity, it strikes me as perfectly reasonable for kids to push for protection of their rights and environmental patrimony. As a scholar of environmental law, a student of climate change science, and an observer of US politics, I wonder what the end-game is in this situation. Will this innovative approach to climate change litigation muster more than symbolism and flash-in-the-pan media coverage? I'm curious what others think about the utility of pushing for greater emissions reductions at the Federal level using tactics like this. Best, Josh ------------------------------------------------------------------- Joshua C. Gellers Assistant Professor Department of Political Science and Public Administration University of North Florida 1 UNF Drive Jacksonville, FL 32224 SSRN Author page: http://ssrn.com/author=1560115 Website: www.JoshGellers.com<http://www.JoshGellers.com> Twitter: @JoshGellers Enviro Rights Map: www.envirorightsmap.org<http://www.envirorightsmap.org> ________________________________ From: [email protected]<mailto:[email protected]> <[email protected]<mailto:[email protected]>> on behalf of Cristina Inoue <[email protected]<mailto:[email protected]>> Sent: Wednesday, August 19, 2015 11:02 AM To: [email protected]<mailto:[email protected]>; Aaron Wolf; [email protected]<mailto:[email protected]> Subject: [gep-ed] Fwd: 8-year-old takes US government to court over climate change Young Americans from Oregon! ---------- Forwarded message ---------- From: Larissa Basso <[email protected]<mailto:[email protected]>> Date: Tue, Aug 18, 2015 at 6:08 PM Subject: 8-year-old takes US government to court over climate change To: Rede Clim <[email protected]<mailto:[email protected]>> http://www.rtcc.org/2015/08/14/8-year-old-takes-us-government-to-court-over-climate-change/ By Freya Palmer<https://twitter.com/94Freya> This week a group of young Americans aged 8-19 filed a lawsuit against the US Federal Government to demand greater action on climate change. The 21 young plaintiffs sought an order from the District Court of Oregon, requiring Obama to implement a national plan for the reduction of atmospheric concentrations of CO2 to 350 ppm by the year 2100. This is in line with the international target to keep warming below 2 degrees on pre-industrial levels. The Complaint<http://ourchildrenstrust.org/sites/default/files/15.08.12YouthComplaintAgainstUS.pdf>, submitted on Wednesday to to coincide with International Youth Day, further accuses Obama and the Federal Government of knowingly risking “harm to human life, liberty and property” through intensive fossil fuel use. “The Federal Government has known for decades that CO2 pollution from burning fossil fuels was causing global warming and dangerous climate change,” said Xiuhtezcatl Tonatiuh Martinez, one of the young claimants and Youth Director of Earth Guardians. “Defendants did nothing to prevent this harm. In fact, my Government increased the concentration of CO2 in the atmosphere to levels it knew were unsafe.” Report: Climate alarm bells ringing, says Arctic-bound Obama <http://www.rtcc.org/2015/08/14/climate-alarm-bells-ringing-says-arctic-bound-obama/> In particular, it highlights the disproportionate impact that today’s emissions will have on young people. Also included in the complaint are the plaintiffs’ individual stories, each aiming to show how climate change has already begun to affect them, as well as expressing fears for the future. The stories centre around rural Oregon, where the majority of the young claimants reside. One of the group’s major concerns is for the natural beauty and recreational value of Oregon. Already, they said, increased temperatures, droughts and wildfires have made the state’s age-old pastimes of swimming, kayaking, camping and hiking unpredictable. [Levi_800]Rafting enthusiast Zealand reports having to regularly cancel his downriver trips due to unfavourable climactic conditions. Meanwhile, the group said the Oregon coast is suffering from increasing ocean temperatures and acidification due to higher levels of atmospheric CO2. 11-year-old Hazel spends a lot of time at the coast, bodysurfing and rock-pooling, as well as relying on it as a food source. By the time she is an adult, she fears that both of these benefits will be lost. Perhaps most shocking, is the testimony of 8-year-old Levi Draheim, who lives on a barrier island which separates the Indian River Lagoon from the Atlantic Ocean. Faced with rising sea levels, Levi has been forced to accept the potential loss of his home. The lawsuit comes in the wake of a similar legal case<https://www.indybay.org/newsitems/2015/06/26/18773996.php> in Washington which earlier this year set a new, science-based emissions trajectory for the state. Legal action on the climate is a growing phenomenon. In June of this year, activists in the Netherlands won their case against the Dutch government, resulting in the country’s commitment to deeper emissions cuts of 25% on 1990 levels by 2020, up from the initial 17%. - See more at: http://www.rtcc.org/2015/08/14/8-year-old-takes-us-government-to-court-over-climate-change/#sthash.tC2FQ8it.dpuf -- Você recebeu essa mensagem porque está inscrito no grupo "SISTEMA INTERNACIONAL NO ANTROPOCENO E MUDANÇAS CLIMÁTICAS" dos Grupos do Google. Para cancelar inscrição nesse grupo e parar de receber e-mails dele, envie um e-mail para [email protected]<mailto:[email protected]>. Para mais opções, acesse https://groups.google.com/d/optout. -- Cristina Y. A. Inoue Professora-Adjunta Instituto de Relações Internacionais Universidade de Brasília --~--~---------~--~----~------------~-------~--~----~ Faça consciente, faça diferente! 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