June 20, 2008

Global Warming Related Litigation - Waiting For The Landmark Case

Will Kivalina, Alaska bring the landmark climate change lawsuit?Global warming related litigation is bound to be big. But the wait is for that one landmark case that will confirm this. Last September´s State of California´s unsuccessful attempt to get six car companies to produce less polluting cars taught us that patience is the name of the game. Regulations are simply not there yet, so the real fireworks -cases involving breaking the rules- are bound to happen in the future. But a community of Alaskan Eskimos suing 23 oil and energy companies might speed things up.

The lawsuit is modeled on the historic tobacco case that ended in the biggest ever settlement in US civil law history. It involves 410 Inupiat Eskimo inhabitants of the island of Kivalina. These people live some 70 miles north of the Arctic Circle on the tip of a six-mile barrier reef between the Chukchi Sea and the Kivalina and Wulik Rivers on the Northwest coast of Alaska. They call their town K-vill and want to live there for ever, since they´ve been out there since time immemorial. And because all that is getting a bit of a push, they´re suing 23 corporations in the oil, energy and coal sectors, for sustaining global warming related injury to K-vill. The companies include (pdf) Exxon Mobil, BP, and Conoco Phillips, all three of which have operations in the near vicinity of the North Alaskan community.

 It’s the winter storms to which the K-vill population is most vulnerable. They have witnessed worse effects ever since their winters have become shorter due to warmer weather. The K-vill inhabutants got that officially confirmed by the US Army Corps of Engineers which concluded in 2006 that Kivalina is exposed to risks which are directly climate change related because the melted seas leave them much more vulnerable to winter storms. According to estimates from the US Army Corps of Engineers, relocation costs will run up a bill of $95 million. Other estimates have gone as high as $400 million.

READ THE WHOLE STORY… - Global Warming Related Litigation - Waiting For The Landmark Case

Permalink • Print • Comment

June 19, 2008

Iowa Floods: Policy Overhaul Urgently Needed if Future Disasters to be Avoided

500 year floods in American midwest show need for improved development policy in a changing climateAbout two-thirds of Iowa has been declared a disaster area as a result of this year’s flooding.  Reminiscent of New Orleans after Hurricane Katrina, residents along the Mississippi River are living under curfews and have to pass through check points to see their damaged homes.

Failed government policies are responsible, according to Friends of the Earth, which has launched a Web-driven public campaign to effect changes to national flood and river management policies.  

Given the increasing frequency and intensity of precipitation and flooding in the Mississippi River basin and delta, there’s an urgent need to rethink and re-orient federal government policies.  “The Army Corps of Engineers, along with the rest of the federal government, can no longer waste money and endanger people with futile attempts to overpower Mother Nature - especially as we come to expect 100-year floods every decade.  It is imperative that we stop playing the proverbial fool and start building our lives on secure ground,” FoE asserts.

Need for a Radical Change in Policy, Practice

Specifically, FoE is calling for changes in the longstanding means and methods the federal government, through the Army Corps of Engineers, uses to cope with high precipitation and flooding along the nation’s major waterways.  A shift away from large-scale structural engineering solutions and towards wetland restoration is urgently needed, changes that scientists have been advocating for decades now.

An even more radical change in property development, as well as national flood policy and measures to minimize damage, is necessary if repeats of this and previous years’ flooding are to be avoided however, according to the FoE.  Future building and rebuilding in the Midwest should be set back from waterways and other flood-prone areas, FoE advises. 

Despite spending of billions of tax dollars, federal government and US Army Corps of Engineer efforts to minimize flooding and damages along the Mississippi are failing.  What’s more, expert advice that might lead to more enlightened policy and programs is being ignored, according to the FoE. 

Don’t rebuild in high-hazard flood-prone zones like coastlines and river deltas was expert counsel in a 1966 report to Congress by the Task Force on Federal Flood Control Policy, and was reiterated in the 1973 Report of the National Water Commission, both of which found that flood damages were increasing despite enormous flood control expenditures. 

Wetlands: How to Restore What’s Been Destroyed?

Not surprisingly, ecological research has shown that nature’s has its own, effective ways of coping with high-intensity storms and floods – wetlands.  Unfortunately, private developers with support from tax dollars have wiped most of them out. 

As much as 95% of Iowa’s and Illinois’s wetlands have been destroyed, which contributes to the damages caused by floods, FoE notes.

Restoring wetlands and river ecosystems, typically a secondary consideration in reconstruction efforts to date, would provide a relatively low-cost, low environmental impact means of providing a flood and storm buffer in the Mississippi and other river basins and should move up to the front line of national flood management policy and efforts, it asserts.  

“Both panels [the researchers who carried out the 1966 and 1973 studies] recommended that more attention be paid to relocation out of flood zones and called for greater emphasis on non-engineering solutions.  There is a growing body of evidence that healthy wetlands, in-tact dune systems and other natural ecosystems reduce storm and flood damage, but far too many tax dollars have been spent to destroy these natural systems to facilitate more development,” FoE notes on its web site. 

Increased Precipitation and a Warming Climate

“No single weather event can be attributed to global warming, and it is impossible to say that the recent heavy rains in the Midwest are caused by the climate crisis, but it is clear that in the aggregate, humans’ continued pumping of massive quantities of greenhouse gases into the atmosphere is causing more extreme weather,” the FoE wrote as part of its public appeal and political action campaign.

It cites the following as evidence of link between increasing frequency and intensity of floods and precipitation in particular regions:

- A 1995 analysis from the National Climatic Data Center showed extreme weather events in the United States were already increasing in ‘statistically significant’ ways;

- In 2002, scientists called increased precipitation ‘an expected outcome of climate change’ that ‘may cause losses of U.S. corn production to double over the next 30 years’;

- In 2004, an article published in the Journal of Hydrometeorology found that, "Over the contiguous U.S. precipitation, temperature, stream flow, heavy and very heavy precipitation … have increased during the 20th century";

- Also in 2004, scientific models predicted ‘greater increases in extreme precipitation’ due to global warming.

Political change is vital and possible, FoE urges, noting that the president appoints the Army Corps of Engineers’ leaders and is charged with ensuring that they have access to the knowledge, expertise and resources required to enact more enlightened flood control and waterway management policies.

As part of its more immediate political action campaign, it has organized a Congressional petition, which can be accessed via this link.

-Andrew Burger

Permalink • Print • Comment

June 6, 2008

Breaking News: Oil Makes Record Single Day Jump in Price

The price of oil shot up nearly $11 to close at $138.54 a barrel on Friday.

The sharp increase came as U.S. stocks plunged on news of a four-year high in unemployment. The Dow Jones Index fell 394 points.

Ole Slorer, an analyst for Morgan Stanley, reports that oil could rise to $150 a barrel by July 4th. Other analysts suggest that oil may go as high as $200 a barrel within the next 18 months.

Tensions in the Middle East have helped fuel the sharp rise, including a threat of strike by workers at Chevron’s facilities in Nigeria that would disrupt production and access to oil.

Sources:
ABC News
Forbes
BBC

Permalink • Print • Comment

May 28, 2008

Scientists: Up to 66% Of All Carbon Emission Trading Worsens Pollution

US Stanford University scholars assert  that up to 66% of all companies signed up under the UN’s Clean Development Mechanism (CDM) are not  reducing but stepping up greenhouse gas output. Third World companies massively evade meeting the clean investment criteria and are receiving billions of dollars in funding.

The research, quoted by the environmental NGO International Rivers -which monitors global CDM projects- highlights that many Third world companies fail to meet the rule that projects in the developing world need to be built specifically in order to offset greenhouse gas emissions in developed countries.

What’s many of the companies that ‘qualified’ turn out to be chemical, coal and oil corporations and developers of destructive dams. "[The CMD] is increasing greenhouse gas emissions behind the guise of promoting sustainable development", according to the NGO. International Rivers cites a 24 page research document issued by Stanford Scholars Michael W. Wara and David G. Victor, who publish evidence that the CDM has serious credibility issues.

CDM certificates are the world’s largest offsets market, estimated at EUR40 billion, and are traded on the European Trading Scheme (ETS) the market based cap and trade scheme of European countries and companies. According to the Stanford scholars "Much of the market does not reflect actual reductions in emissions, and that trend is poised to get worse."

The two assert that not only is it necessary to drastically tighten up the rules but the CDM is also hugely inefficient economically. "Industry and economists are rightly concerned about cost control", they say.

The scholars cast doubt on whether it’s actually possible that market based trading genuinely contributes to the environment. But Wara and Victor have not given up all hope for the CDM, saying that "it is possible to fix the CDM". They call for much stronger regulatory oversight and much improved verification systems. The scholars say that if CDM credits  operated in any way realistically, there’d be a much smaller, less predictable market.

The study offers useful eye openers for US policy makers readying plans to get initiatives for trading schemes mapped out. Any such scheme unquestionably will test the limits to which the developed world can engage the third world in combating climate change and be effective, fair and making economic sense. The professors stress regulatory oversight is very important and say that popular ideas for carbon trading in the US such as a Fed-like Carbon Board does best to heed the regulatory call.

They also advise US policy makers not to rely on offsets to be a healthy indicator for the right compliance cost involved in reducing carbon output. "More explicit cost control mechanisms, such as “safety valves,” would be much more effective", they say.

At the moment, European policymakers are debating the degree of involvement of the CDM within the ETS for after 2012. There are also concerns that energy intensive industries’ unlimited purchase of large numbers of CDM allowances defeats the purpose of the ETS.

In this light, news that 2007 CO2 emissions from businesses in ETS increased their output by 0.68 percent will be oil on the fire for critics. Even though the rise is well below Europe’s 2.8 percent Gross Domestic Product increase over 2007, it nevertheless shows that Europe is nowhere near on target to comply with the Kyoto Protocol. In a comment, the European Commission said that the much tighter emissions caps they have recently announced for the ETS’2008-2012 trading period are definitely needed.


 

Permalink • Print • Comment

May 15, 2008

Polar Bears Are Protected? Apparently Not From Kempthorne’s “Catch-22″

Will listing as endangered really help the polar bear?I applaud the decision from the Department if Interior to include the polar bear on the endangered species list – even if there’s just a little bit of a “kicking and screaming the whole way” flavor to it.

With that said, the very headline of the press release from the DOI sounded ominously like a loophole:

Secretary Kempthorne Announces Decision to Protect Polar Bears under Endangered Species Act:
Rule will allow continuation of vital energy production in Alaska

And that’s just in the headline. It goes on from there to state that the decision will

…be accompanied by administrative guidance and a rule” (uh oh) “that defines the scope of impact my decision will have” (as in none?) “in order to protect the polar bear while limiting unintended harm to the society and economy of the United States” (take that all you big angry bears…)

While acknowledging that the polar bear is listed as a direct result of climate change, Kempthorne wanted

…to make it clear that this listing will not stop global climate change… That is why I am taking administrative and regulatory action to make certain the ESA (endangered species act) isn’t abused” (abused? Did you just have lunch with James Inhofe?) “…to make global warming polices.” (Read the full press release from the Department of Interior)

So the polar bear is listed under the Endangered Species Act – kinda. It’s listed because of it’s diminishing habitat from global warming, but through DOI “guidance” the protecting the bear under ESA does not extend to halting the very activity that further destroys the bear’s habitat and accelerates climate change.

Makes your head spin doesn’t it?

The Natural Resource Defense Council and Sierra Club have both weighed in with their own words of caution.

 

Permalink • Print • 2 Comments

May 14, 2008

Senate Once Again Reject Drilliing in Artic National Wildlife Refuge (ANWR)

Seante rejects another attempt to open ANWR to oil explorationIf We’ve Told You Once We’ve Told You a Thousand Times: NO!

Just a couple weeks ago president Bush chided congress for not opening up the Arctic National Wildlife Refuge to “environmentally sensitive” oil exploration, asserting that was a big reason why gas prices are currently so high. It’s the same old song and dance.

Heading their master’s call,  Senators Mitch McConnel of Kentucky and Pete Domenici of New Mexico attempted to tack on their Domestic Energy Production Act to a flood relief bill. The move was rejected yesterday by a vote of 42 to 56 (60 votes are needed for approval).

In a vote of 97–1 the senate agreed to halt any further additions to the Strategic Petroleum Reserve for the time being. (An interesting analysis of the move and how the Reserve works is offered today in Salon.)

The measure proposed by McConnel and Domenici would open up oil exploration in ANWR and coastal waters off western states, as well as promote the use of expensive, dirty, and dangerous “unconventional” fuels produced from liquid coal and oil shale. 

Senate Majority leader Harry Reid introduced the Consumer-First Energy Act of 2008 last week as an alternative measure to the Republican Domestic Energy Production Act.

Sierra Club president Carl Pope applauded the vote in the senate saying in a press release:

The answer to our oil addiction is not to search for a bigger fix. Drilling our coasts and national treasures like the Arctic Refuge and spending billions on dirty and expensive boondoggles like liquid coal and oil shale won’t help hardworking Americans cope with gas prices. It will only add to the tens of billions of dollars the oil industry is already making.

Even at peak production, which could take twenty years, the Arctic Refuge would provide roughly a year’s worth of oil and would reduce gas prices at most by one or two cents a gallon.

Under the leadership of President Bush and his allies in Congress, gas prices have more than doubled, Big Oil has made more than half a trillion dollars in profits over the past five years, and the United States has become even more dangerously addicted to fossil fuels.

Hardworking Americans need real relief instead of the recycled rhetoric and disastrous energy policies that the president and his allies in Congress have pushed for the past seven years. Thankfully the leadership in the Senate has put forward a plan that will actually protect consumers, put America on the path toward a clean energy future, and finally put the brakes on the taxpayer-funded giveaways that have been helping fuel Big Oil’s record profits.

Instead of searching for more ways to pad Big Oil’s bottom line, the Consumer-First Energy Act offers Senators a chance to stop writing a blank check to Big Oil and instead protect consumers and invest in clean energy.

These are the kind of answers we need—solutions that will bring energy costs under control, combat global warming, and leave America’s last wild places intact.”

 

Sources and Further Reading
Energy Outlook
Sierra Club

Permalink • Print • Comment

April 23, 2008

Et Tu, EU?

The Eurpean Union plans 50 new coal fired plants in the next five yearsYou Too, European Union?

I’m never one to resist a clever headline (at least in my own mind) but what lies behind it doesn’t really seem that clever. Rather sad actually.

On the one hand, the European Union has released draft plans for cutting carbon emissions 20% below 1990 levels by 2020. Well, that sounds good – but on the other hand there are plans to build 50 new coal-fired power plants in the next five years. Apparently, even with carbon permits taken into account, coal is just to cheap to ignore.

Explain that one to your grand-kids.

European utilities talk of finding solutions to rising energy demands in “clean coal”. Clean coal technologies aren’t here yet, may never be, and certainly won’t be when these 50 plants come online.

Say NASA climate scientist James Hansen: 

Given our knowledge about what needs to be done to stabilize climate, this plan is like barging into a war without having a plan for how it should be conducted, even though information is available.

Now doesn’t that sound familiar?

Sources and Further Reading
New York Times
Reuters

Permalink • Print • Comment

News Break: Crude Oil Still Hitting Record Highs

Last Friday I reported the the record close of crude oil – then at $116.69 a barrel.

So long ago…

Crude oil futures closed at $119.37 yestereday. As I write this crude oil is trading at $117.12 – down from yesterday’s high but still above the then-record close of last Friday.

Spread the word

del.icio.us Digg