The lies of the land – “I don’t think, I know!” – Who suffers when truth lies bleeding?

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By David Salt

CoP26 has just concluded. Many are crying our leaders have lied to us; they’re not being ‘fair dinkum*’ when it comes to climate change.

And the Australian Government has just released its modelling behind their “Plan to Deliver Net Zero” emissions by 2050 (releasing it on the final scheduled day of the CoP, late on a Friday, guaranteed to minimise timely efforts to scrutinise it).

But you don’t even have to study it to see something’s amiss. Before you even interrogate the assumptions in the modelling (assumptions described as ‘wild’ by many experts) it becomes clear it doesn’t even meet it owns objective. Fifteen per cent of the reductions is based on unspecified future technology (with a further 10-20% is achieved through carbon offsets) so it’s actually a plan for 85% emissions reductions at best. Does this mean the Government is lying?

Lies all the way down

The business of ‘telling lies’ is dominating the news cycle at the moment with the very integrity of our Prime Minister, Scott Morrison, being put under the spotlight following the French President Macron saying “I don’t think, I know” when asked if he thought our Prime Minister Morrison had lied to him over the breaking of $90billion contract for submarines. Former Prime Minister Malcolm Turnbull endorsed this sentiment by observing: “Scott has always had a reputation for telling lies.”

Following this, Morrison was asked on radio if he had ever told a lie in public life. He replied: “I don’t believe I have, no. No.”

But, if he’s a liar, he would say that, wouldn’t he? The fact is, he’s been caught out on many occasions. News group Crikey, as just one example, has published a list of 42 lies Morrison has made in recent years with the evidence to prove it.

Some might say lying is merely a politician’s stock in trade, they all do it; and we have elections to enable voters to make a judgement on where lies the truth (or what ‘lies’ they are prepared to accept). But is this good enough with an existential threat like climate change coming at us like a runaway freight train? Lies might win votes but they don’t redefine the way the earth system functions. They might grease your way to an election win but they don’t deliver a sustainable future.

A world of lies

There are lies and there are lies; and, if we’re going to be honest, we all tell them.

The most obvious lie is the untrue statement told to deceive, often referred to as a lie of commission. It seems our ‘plan to deliver net zero’ is full of these.

Then there are the lies of omission, where we distort meaning by not including appropriate information in our pronouncements. In our ‘plan’, the biggest omission is a failure to model what happens if we don’t take action. That’s an omission big enough to drive a planet through.

Or there are lies of fabrication where we make stuff up; lies of minimisation where we underplay aspects of the situation we are describing; or lies of exaggeration in which we overstate things. The ‘plan’ is overflowing with each of these.

So many ways to lie. There are white lies, often told to comfort people; greay lies, in which we’re not sure who benefits; black lies where there’s no confusion, you’re clearly doing it for self-gain; and red lies, told out of spite to damage someone else.

Indeed, it’s easy to find any number of typologies to categorise lies (eg, the 5 types of lies) and liars (eg, the 3 type of liars). However, if you believe lying is ultimately wrong and damaging, possibly the more important questions to pose are:
-is it on the increase (and why)? and
-what’s the consequence of allowing ‘lying’ to become the new normal?

Liar, liar, pants on fire

Morrison has been caught out many times lying but few leaders can hold a candle to the mendacity displayed by President Trump. The Washington Post tallied up Trumps lies at a staggering 30,573 over the four years he was in office.

But Trump is hardly alone when it comes to outrageous lying. Whether its Brazil’s Bolsonaro, the Philippine’s Duterte, the UK’s Johnson or Russia’s Putin, lying seems to be a standard tool of the trade, and it’s being wielded all the time. The strong impression is that more world leaders are lying more and more often; but how do you prove such a subjective assessment? Measuring the aggregate load of lies and how it changes over time is no easy task.

There are attempts by various groups to measure trends in transparency, corruption and good governance, all good surrogates for the lies of the land. But making meaningful, representative and repeatable comparisons is devilishly difficult.

Transparency International’s 2020 Corruption Perceptions Index didn’t make any grand general statements like the world has declined overall or improved; but it did find that countries with strong democratic governance managed better, equitable and effective responses to COVID-19. Countries that performed well on the index invested more in health care, are better able to provide universal health coverage and are less likely to violate democratic norms and institutions or the rule of law. Countries with higher levels of corruption tend to be the worst perpetrators of rule of law and democratic breaches while managing the COVID-19 crisis.

On this index, Australia comes in 11th place (of 180 countries), scoring 77 points on the 100-point scale. Australia’s score has dropped 8 points since its peak in 2012 so even on a coarse index like this it seems our integrity is on the decline.

Another NGO studying governance trends around the world, the Global State of Democracy, found that populist parties are on the rise everywhere, nearly doubling in number over the last 15 years.

The Global State of Democracy contends that the recent growth of electoral support for populist political actors around the world is rooted in several interacting trends: economic and cultural globalization, weakening nation state policy/autonomy, societal change, a polarized digital public sphere and a decline in support for mainstream political parties. The rise of populist parties, movements and politicians opposing established political elites can be seen as a reaction to the perceived underperformance of democracies and as a sign of crisis among mainstream political parties.

My interpretation of this is that when mainstream parties lie they erode confidence and trust in the electorate driving voters to populist parties, who usually lie even more. It’s a slippery slope.

Every lie hurts

Some lies start wars. The Gulf of Tonkin lie played an important role in escalating the Vietnam War. The Weapons of Mass Destruction lie was instrumental in kicking off the Iraq War. Hundreds of thousands of people died in each of these wars.

Some lies are just seen as business as usual be it denial over the health risks of tobacco smoking to denial that burning fossil fuels causes climate change. These lies have the potential to kill millions.

There is both anecdotal and empirical evidence demonstrating that lying by our political leaders is becoming more prevalent. And every lie erodes the trust bank of social capital, the keystone of our society’s resilience to deal with the growing environmental challenges coming at us with greater frequency.

Morrison is a liar. His Government’s response to climate change and the CoP26 is tantamount to a lie. The Government’s calculation is that this doesn’t matter, that the destruction of the Great Barrier Reef and our forest biome (as just two examples of the impacts of climate change) is a matter for future governments and generations, and that lying about this won’t cost them the next election.

But what is the cost if they do win the next election based on a lie? What is the cost of political leaders pulling down the blinds on transparency, junking accountability and dismissing integrity because it’s simply easier to get by with a lie? Incalculable.

*’fair dinkum’: to be true, authentic and to not lie (Australian synonym: passes the pub test). None of this applies to our current Prime Minister.

Banner image by Pixabay

Entering the Absurdicene as the Anthropocene loses its relevance

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By David Salt

Forget the Anthropocene – Australia’s ‘bold plan’ for net zero by 2050 marks the beginning of an amazing new geological epoch: The Absurdicene, the age where the ridiculous and the self-serving trumps evidence and science. As our children are discovering, it’s not a great time for hope.

Goodbye Anthropocene

The much-discussed Anthropocene was one of the shortest geological epochs of the modern era. It began on the 16 July 1945 and ended on the 26 October 2021.

Why these dates?

Well, the 16 July 1945 was the day of the first atomic bomb test, a few weeks before Hiroshima was obliterated by the world’s first atomic attack. That first test left trace (but measurable) fission products in soil strata around the world. 1945 marked the end of World War Two and the beginning of the Great Acceleration, a time of unparalleled economic growth that has continued to this day.

From that time, humans have literally transformed the Earth System: slaughtering our biodiversity, modifying our climate, and polluting our land, sea and air. Earth systems scientists believe humans have become the dominant force on our planet, and that this warrants labelling this time as a new geological epoch – the age of humans or the Anthropocene.

Some Anthropocene scholars have nominated the beginning of the Industrial Revolution as the true beginning of this epoch (18th Century); others have nominated the beginning of the Agricultural Revolution (some 10,000 years ago). The Earth System scientists I follow, however, reckon the Great Acceleration is a better starting point as it’s really when human activity began distorting the Earth System and we can exactly measure the transition with that first atomic test.

Nominating an end date is even more contentious, and doubling down with the declaration of a new geological epoch called the Absurdicene requires a degree of hubris rarely seen in the academic literature (and yet quite characteristic of many of my columns).

Hello Absurdicene

The 26 October 2021 was the ‘proud’ day the Australian Government launched a plan to reach net zero carbon emissions by 2050. So ridiculous, hollow and surreal was the plan – so full of assumptions, half-truths and outright lies – that academics would look back on the launch of this plan as the day humanity lost its marbles and officially entered the geological period known as the Absurdicene. (I’m using Australia as a case study reflecting the absurdity of the wider world.)

Frankly, given the parlous and deteriorating state of the Australian environment (bleaching coral reefs and burning forest biomes being two of the most recent and horrific examples), and the impact this is causing to the Australian society, I feel it is simply inadequate to label the Government’s efforts to address this situation as even remotely acceptable or reasonable.

Indeed, not only does the Government fail to take effective action, it is, as I write this, undermining international efforts to address climate change at the COP26 in Glasgow. It is a part of a cabal of nations trying to change a crucial scientific report on how to tackle climate change. A leak has revealed that Saudi Arabia, Japan and Australia are among countries asking the UN to play down the need to move rapidly away from fossil fuels.

At the same time, Australia is considering more than 100 fossil fuel projects that could produce 5% of global industrial emissions.

And while this is happening, our Government tells us they have a plan for net zero emissions by 2050 that is based on taking no proactive action now and leaving the heavy lifting to future generations using yet to be developed technology.

This is more than just ‘inadequate’, it is so perverse that it no longer makes sense; it’s surreal, it is positively absurd.

Acknowledging the absurd

Which leads me to conclude that human interference with the Earth system has now gone beyond disturbing our biophysical systems to polluting our very social systems. Calling it the Anthropocene is simply inadequate because the human response to the global change that humans have caused is no longer rational.

The best science tells us our species is not sustainable. The evidence of this truth is mounting, and the impacts are being felt but our government’s response is one of denial and obfuscation while actually claiming they follow the science.

I regard the Anthropocene as a term that suggests that humans are acknowledging what we are doing to the Earth system and attempting to minimise the adverse impacts we are seeing around us. The Anthropocene is an age of human potency and amazing scientific insight. We have seen further, risen faster and influenced the very nature of things in ways that inspire awe, generate wealth and have transformed the very functioning of our planet.

The wealthiest have grown super wealthy, most of humanity have improved their quality of life, and everyone has unparalleled access to information (and the thoughts of everyone else).

But all these advances have come at the cost of declining natural capital, rising seas and a warming climate.

In the Anthropocene, we studied these changes, modelled their trajectories and discussed in meaningful ways what we needed to do to sustain humanity. We acted rationally, we believed in our leaders (many of them, anyway, and a few of them made a difference).

But, as the failure of COP26 (and the farce of Australia’s plan) is showing, this is no longer happening.

The world’s wealthiest 1% of people produce double the combined carbon emissions of the poorest 50% but these elite refuse to take responsibility for it. Evidence is disputed and denied; the super-rich refuse to sacrifice a scintilla of their privilege (though there are some notable exceptions); and governments appear to be working against the best interests of their own people.

Lies, misinformation and prejudice clog our social media; paranoia, fundamentalism and vested interest drive our politics; and fear and disillusionment overshadow the hopes of our younger generations.

So, if you accept that humanity is now acting in an absurd way (ie, you accept the premise of the Absurdicene) then maybe we need to be honest about the prospects of a rational process towards sustainability. Maybe we need to focus on why this absurdity prevails, and what we need to do to short circuit it.

Maybe the answer is not more or a better set of scientific evidence. What more evidence do we require?

Rather, we need a greater priority placed on those things that prevent absurdity from dominating, namely: greater integrity of our institutions, more robust accountability, transparency and a reason to trust our leaders – morality anyone?

Image by Jean-Louis SERVAIS from Pixabay

Climate polarity – when it comes to carbon emissions it’s the super-rich versus the world

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By David Salt

On the one hand we have Australia’s richest woman telling the privileged students of one of Australia’s most exclusive schools that global warming is not caused by humans.

On the other, we have the NGO Save the Children releasing an extensively researched (and independently reviewed) report pointing out global warming is caused by humans and the consequences of this are that children worldwide will suffer.

There is somewhat of a cosmic gulf between these two positions.

Unfortunately, when it comes to government action on climate change, it seems the beliefs of Australia’s richest woman are more important than the suffering of coming generations.

“Be very careful about information spread on an emotional basis or tied to money”

Australia’s richest woman, if you’re in any doubt, is the iron ore billionaire Gina Rhinehart; and she made her comments denying the link between human activity and climate change in an address to students at St Hilda’s in Perth, her old school.

In her speech she said humans do not cause global warming and warned against climate change ‘propaganda’. She said the girls should consider influences such as the sun’s orbit, volcanoes and “other scientific facts that I had the benefit of learning when I was at school.” (Note, these are standard red herrings put forward by the ‘Church of Climate Denial’.)

She believes people are being “overwhelmed by media and propaganda” regarding climate change and urged St Hilda’s students to “research for the facts.”

Gina Rhinehart is on old world climate denier with deep investments in the coal industry and a major supporter of the National Party, the political party that has effectively blocked national action on climate change in Australia for most of the last decade.

Her most breathtaking statement in her speech to her old, privileged school was: “Please be very careful about information spread on an emotional basis, or tied to money, or egos or power-seekers.” Breathtaking for its irony, lack of reflection and hypocrisy. And so sad for the truth it enfolds – that the money, egos and power-seeking of the super-rich trump the sustainable future of civil society itself; the ‘truth’ is that the power that the super-rich wield to protect their investments (against the interests of everyone else) is more potent than the democratic processes we established to steward the common good.

Over time, this blog, Sustainability Bites, has discussed the many reports that document the parlous state and degrading trends of our environment (think bleaching coral systems, burning forest biomes, extreme weather and collapsing biodiversity). We’ve also noted the growing chorus of appeals for action from government from all corners of society (think emergency workers, doctors, economists, academics and lawyers); all largely ignored by our national government.

All of this came to mind as I read Rhinehart’s message to her old school, and all of it I’m sure she would have simply discounted as emotional, biased and fear mongering being driven by people with vested interests.

What about the children?

About the same time as Rhinehart was delivering her world view on the state of the world, I saw a report from Save the Children painting a stark future for the children of the world. The report, titled Born into the climate crisis, reveals the devastating impact the climate crisis will have on children and their rights if nations do not work together to limit warming to 1.5C as a matter of the greatest urgency. Launched ahead of global climate talks in Glasgow, the report is based on new modelling led by researchers at the Vrije Universiteit Brussel.

The report reveals that even if nations meet their Paris Agreement pledges, a child born in 2020 will experience on average: twice as many bushfires; almost three times as many crop failures; two and half times as many droughts; three times as many river floods; and seven times more heatwaves in their lifetime compared to what Baby Boomers have lived with (Rhinehart, I note, was born in 1954; right in the middle of the Baby Boomers).

In Australia, children born in 2020 can expect to experience four times as many heatwaves, three times as many droughts, as well as 1.5 times as many bushfires and river floods, under the current trajectory of global emissions.

This is not an isolated or ‘out there’ conclusion. It’s in keeping with predictions from a range of different sources attempting to understand and manage the consequences of climate change. The World Health Organization, as one other recent example, has just released a report confirming that climate change is the most pressing concern and threat to people’s health saying rising temperatures threaten to undo the past 50 years of improving global health!

It’s just not fair

According to the Oxfam, the world’s wealthiest 1% of people produce double the combined carbon emissions of the poorest 50%. Thing about that.

The wealthiest 5% alone – the so-called “polluter elite” – contributed 37% of emissions growth between 1990 and 2015.

The world’s richest enjoy the fruits of economic growth. The world’s poorest, pay for it.

Oxfam makes a very strong connection between inequity and climate change. It says: “The fight against inequality and the fight for climate justice are the same fight.”

Further, it says governments everywhere need to end subsidies for fossil fuels (according to the IMF, the fossil fuel industry benefits from subsidies of $11m every minute!) and stop mining and burning coal. It’s fairly explicit about this: “Nowhere in the world should governments allow the construction of a single new coal-fired power station, the public health and climate costs of which are borne by the poorest and most marginalized communities worldwide.” Against this background it is to be noted that the Australian Government has just last week signed off on four new coal mines to proceed.

And, as Oxfam points out, climate impacts hit the poorest hardest. What’s more, climate change is pushing more people into poverty. The World Bank estimates that an additional 68 to 135 million people could be pushed into poverty by 2030 because of climate change.

Is it any wonder the super wealthy would rather not reflect on the many inconvenient truths associated with climate change?

Let them eat cake

It’s reputed that in the 1789 during an awful famine in France, the plight of the peasants was brought to attention of the queen, Marie Antoinette. They are starving and have no bread, she was told; to which she replied: “Let them eat cake.”

The queen was not popular with the people, seen as profligate and out of touch. The massive inequities present in France at the time precipitated the French Revolution, which led to the annihilation of the royal family. Marie Antoinette lost her head on the guillotine in 1793. Maybe she should have shown a little more concern and empathy for the poor of her nation.

Gina Rhinehart is a member of our planet’s super elite. Her outrageous fortune is based on minerals extraction and fossil fuel. She rejects the science underpinning our understanding of anthropogenic climate change, encourages others to do the same, and shows little regard for the plight of a growing number of people on this planet (including coming generations).

She has the right to her own beliefs but when those beliefs shore up the recalcitrant National Party causing our nation to turn our back on an effective climate change response, people have the right to call her out.

It wouldn’t surprise me one bit if she were to respond with “Let them eat cake.”

Banner image: Anthropogenic climate change is an inconvenient (and oft discounted) truth in the eyes of the super-rich. (Image by Tumisu from Pixabay)

Australia’s climate change policy is a marketing slogan!

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Our response to our greatest challenge is becoming increasingly absurd, surreal and totally untrustworthy

By David Salt

On opening this morning’s newspaper (Canberra Times, 4 October 2021, p7) I was punched in the guts by an enormous advertisement proclaiming:
“GOOD NEWS. AUSTRALIA’S ALREADY REDUCED EMISSIONS BY 20% (since 2005)
FIND OUT MORE AT POSITIVEENERGY.GOV.AU
AUSTRALIA’S MAKING POSITIVE ENERGY”

That’s really all it said, and the website it directs you to contains little more info either.

(Not so) Pretty in pink

This vivid pink ad was brought to me by the Australian Government. In other words, my taxes were paying for this craven attempt to reframe the Government’s woeful efforts to address the existential challenge of our age – climate change. It’s enough to make you choke on your weetbix (which is what I literally did).

This, when the Government won’t even release a statement on what it intends to do about Australia’s carbon emissions weeks out from what’s regarded as the world’s most important climate conference ever in Glasgow – the crucial COP26 climate summit starting at the end of October (which the Prime Minister is now hinting he will not attend!).

This, following climate carnage around the world in the form of extreme drought, wildfires, floods and hurricanes (not to mention Australia’s own climate catastrophes in the shape of bleaching coral reefs and record fire seasons).

This, following statements from our Deputy Prime Minister (leader of the Nationals, Barnaby Joyce) that his party won’t sign up to any climate plan (a plan he’s responsible for producing) without knowing the cost (at the same time his party happily signed up to an un-costed nuclear submarine program expected to run to hundreds of billions of dollars).

Absurd, surreal and missing the point

It’s so absurd that it’d be funny if it wasn’t about the future of everything I care about.

It’s almost surreal in that Australia is now the climate laggard of the developed world, and yet we boldly (and wrongly) shout we’re doing our fair share, while the rest of the world gets on with serious discussions and greater commitments. And there’s plenty of evidence exposing our duplicity. Australia has been ranked last for climate action out of nearly 200 countries; we’ve become the climate joke of the 21st Century, a pariah on the world stage.

For let’s be clear about this, the Australian Government’s target of 26-28% emissions reductions (from 2005 levels) by 2030 is patently inadequate. Even when the targets were declared in 2015 by Tony Abbott, a renowned climate denier, they were perceived to be inadequate by the Government’s own climate science agency (which nominated a target of 45% as being what was required if we are guided by the science, a level rejected by Abbott). Since then the science has firmed (and delay has raised the urgency for action) and the call from climate scientists is now for reductions in emissions by 75% below 2005 levels by 2030.

The Australian Government, by contrast, has perverted the discussion to focus exclusively on ‘over-the-horizon’ net-zero targets for 2050, and won’t even commit to this aspiration for that distant year (over 8 election cycles away). It’s academic anyway as climate scientists point out that the world achieving net zero by 2050 is at least a decade too late. In this sense, the climate denialists steering Government policy have won in their efforts to stop meaningful action.

And untrustworthy to boot

Unfortunately, even if we could accept the Government’s claims that our existing targets are acceptable and will play a role in the world addressing climate change, we can’t trust what they’re actually doing to meet those targets.

Recent investigations on Government emission abatement schemes are revealing them to be ‘cheap tricks and hot air’. The report by the Australian Conservation Foundation (ACF) and The Australia Institute found “avoided deforestation” projects do not represent genuine abatement as in most cases the areas were never going to be cleared. About 20% of carbon credits created under the federal Coalition’s main climate change policy do not represent real cuts in carbon dioxide and are essentially “junk”, the research suggests. The projects involve landholders being issued with carbon credits and paid from the government’s $4.5bn emissions reduction fund for not removing vegetation from their land.

Of course, the Government’s mantra is “technology not taxes” when it comes to emission reductions. However, once again, there’s little reason to believe their technology push is real or effective. Front and centre is their investment of $250m in carbon capture and storage. So far there’s been little success with this venture and now Australia’s leading miner, Fortescue metals chief Andrew Forrest, has come out and said : “it’s a good soundbite but it doesn’t work.” Indeed, he claims (and he should know) such projects fail “19 out of 20 times” (and even when they do work, they aren’t cost effective).

And we’re not pulling our weight even if these sham policies were to work. Another constantly repeated note in our siren song of denial is that we’re but a small part of the problem emitting a paltry 1.3% of global emissions. We never then acknowledges that 1.3% coming from only 0.3% of the world’s population is actually a shocking record making us the highest emitter per capita in the developed world and one of the world’s top 20 polluting countries. We are among the top 20 biggest polluters in the world, and if you count our exports we’re the fifth largest.

Why is this occurring? According to Angela Dewan, an American journalist discussing Australia’s appalling performance on climate policy (see Australia is shaping up to be the villain of COP26 climate talks), the answer is simple: “It appears that lobbying fossil fuel companies have hijacked climate policy from the Australian people.”

What do you do?

So, what do you do if you have no effective climate policy but you’re worried that you’re lack of action might be hurting your chances of re-election? (The most recent Lowy Climate Poll, for example, found most Australians want Australia to increase its ambitions on climate change policy.)

Easy, simply tell everyone loudly and repeatedly you’re doing a great job, put up yet another catchy slogan (Australia is making Positive Energy!) and take out large striking ads across every form of media (in bright pink).

You can fool some of the people all of the time and all of the people some of the time. Our current government seems to believe it can fool all of the people all of the time. I’m betting they’re wrong.

Banner image: ‘We’re on a road to nowhere…’ (Image by G John from Pixabay)

Unleashing the environmental watchdogs?

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Court tells NSW EPA to do its duty and make policies to protect the state environment from climate change

By Peter Burnett

Governments know that most of us would place more trust in a seller of used cars than in a politician.

One by-product of this lack of trust is that politicians like to tell us that they are solving a problem by setting up an independent authority. Or, better still, an ‘independent watchdog’. People you can trust.

The trouble is, governments also like to be in control; especially in this age of ‘gotcha’ political journalism. Governments don’t like to create legitimate opportunities for public officials, including those who staff independent authorities, to embarrass, or, worse, defy them.

So, when governments establish these bodies, often enshrining their independence in law, they do so in the knowledge that there are ‘back door’ ways to control them.

Watchdog on a leash

One obvious method of controlling the watchdog is to punish ‘bad’ behaviour by reducing rations. A recent example is the Morrison government’s decision to cut the Auditor General’s budget, just when the auditor is proving very successful at sniffing out corruption in government grant programs — think ‘Sports Rorts’ and ‘Car Porks’.

Another approach is to nobble the authority in plain sight. Federal environment minister Sussan Ley took this option in response to a recent recommendation to create an ‘independent cop on the beat’ to oversee the devolution of environmental approval powers under the Environment Protection and Biodiversity Conservation (EPBC) Act.

While the independent Environment Assurance Commissioner proposed by Minister Ley has superficial appeal, the bill establishing this ‘watchdog’ also puts him or her on a leash by requiring them to seek the minister’s input to their annual workplan, to report to the minister rather than Parliament, and not to investigate individual cases.

If the minister manages to get this bill through the Senate, which is currently looking unlikely, the minister may get to have her (watchdog) cake while eating (leashing) it too.

The case of Bushfire Survivors for Climate Action v the EPA

One recent case that does not fit so comfortably into this theory involves the NSW Environment Protection Authority (EPA) and its engagement with climate change.

A group of bushfire survivors sued the EPA in the Land and Environment Court to compel them to develop policies to protect the state environment from climate change.

Given that the EPA’s founding legislation makes no mention of climate change, I would have expected it to argue that climate change was not part of its brief. However, when the case came to court, the EPA conceded that it did have power to address climate change. Instead of arguing a lack of power, it raised two technical legal arguments as to why it shouldn’t be forced by the court to exercise its climate powers.

The first argument was based on the fact that the EPA’s powers to develop environmental policies and standards are expressed in broad general terms. Because the EPA had indeed been getting on with the job of developing policies and standards on various environmental issues, the EPA argued that the court could not and should not intervene to tell it to develop a policy on this specific topic at this particular time.

In other words, given the EPA’s broad and multi-faceted role, the Court should not hijack the EPA’s agenda, which was a matter for its own expert judgement over time.

The second argument was a back-up, in case it lost the first argument. The EPA said that it had in fact complied with any duty it might have to deal with climate change, by issuing policies and plans that dealt with climate change in various minor ways.

For example, the EPA’s Regulatory Strategy 2021-24 identified climate change as a ‘global challenge’ and set out various ways in which it would contribute to addressing it, including by ‘encouraging’ industry to respond to climate risks and by reporting on NSW government (ie not EPA) climate policies in the State of the Environment Report.

Chief Judge Preston rejected both these arguments and directed the EPA to ‘develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change’.

In effect, the Court said that while the EPA’s duty to develop environmental policies was indeed cast in general terms, giving the EPA significant discretion as to how it should go about its business, this duty would require, at a minimum, that the EPA address threats of greater magnitude and impact, obviously including climate change.

By implication, it would be irrational to fix small problems while ignoring big ones. (Irrationality is one of the few grounds on which a court can intervene in the exercise of administrative discretion).

What’s going on here?

But back to the theory of governments exercising back door control. If the EPA had the power all along to address climate change, why hadn’t they done so in any substantive way?

The reasons might have been cultural. Given that the EPA’s founding legislation makes no mention of climate change, and that its regulatory heritage goes all the way back to the regulation of ‘smoke stack’ industries under the NSW Clean Air Act of 1961, it may have been that the EPA simply saw climate policy as falling outside its mandate.

Alternatively, under the theory of backdoor control, perhaps the NSW government had been whispering in the EPA’s ear, or rejecting climate-related budget bids, all along, without this being public knowledge.

In any event, the government’s response to the court case certainly doesn’t fit the theory.

I had expected them to announce that they would be appealing the decision. If nothing else, statements in the High Court about the ‘irrationality’ ground being one to invoke only in extreme cases certainly suggest an appeal would have some prospects.

But in a surprising and refreshing development NSW Energy and Environment Minister Matt Kean announced on Friday that the government would not be appealing the decision, saying that “the Board and myself have decided … we’ll be putting in place the policies that are needed to give effect to the court ruling”.

Not only that, but “in fact, we’ll be doing everything necessary to give it full effect … [this] is significant because we want to use all our agencies, all the levers within government, to set the quality objectives, guidelines and policies to ensure that we protect the environment from climate change, as we should be doing”…

I suspect this unexpected embracing of a loss in court is mostly down to Kean himself, who certainly seems to be an ‘out-of-the-box’ politician. I reckon he would have had a hard time winning the NSW Cabinet over to this approach of leaning into the wind.

Here comes Matt Kean

But more power to his arm. When Kean first annoyed the Prime Minister last year by calling for stronger action on climate change, Morrison commented that most federal ministers ‘wouldn’t even know who Matt Kean was.’

I can’t think of a better way to raise one’s profile than by having the Prime Minister tell the media that one has no profile!

In any event, I have a feeling that if Kean doesn’t already have a national profile, he soon will.

Image by monicore from Pixabay

Passing the buck – the rights and responsibilities of fossil fuel divestment

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What happens when the ‘Big Australian’ sees the writing on the wall

By David Salt

Heard the news? BHP, one of our biggest miners (and biggest emitters), is going ‘green’! Indeed this big news from the company that once promoted itself as the ‘Big Australian’. It began selling off its coal assets a couple of years ago and now it it’s dumping its oil and gas assets. It looks like it’s getting out of fossil fuels (such a dirty business), focussing instead on its profitable iron ore and buying up potash mines (so you can grow healthier plants, potash being an essential potassium plant fertiliser).

With carbon emitting fossil fuels so on the nose, it’s great to see our big corporates finally pulling their weight…

…until you look at the detail and realise it’s just ‘business as usual’ – profits before people and smoke and mirrors with a little greenwashing to tick the corporate responsibility box.

Better do something

As everyone is now noting, our planet is suffering under climate change (this week it’s Louisiana’s turn) and our very future is increasingly uncertain. The science, now half a century strong, is being borne out and the underlying problem is the carbon emissions from how we do business.

Coal, being a dirty (carbon intense) source of energy, is particularly smelly. In recent years many sections of society (for example institutions in law, economics and science) have been trying hard to stop our use of coal and this has led to coal assets falling in value.

Companies everywhere are divesting themselves of fossil fuels but coal is particularly problematic, and even coal companies are now divesting from coal. Consider, for example, BHP’s Mt Arthur, in NSW’s Hunter Valley. Two years ago the mine was worth $2bn. Now it’s a $200m liability that BHP is struggling to off load!

Regarding its oil and gas assets, BHP is giving Woodside all of them in exchange for shares in Woodside meaning BHP shareholders will own 48% of Woodside. Which sounds like a sleight of hand to me in which BHP can claim it doesn’t own them because the assets are actually owned by BHP shareholders. This means, according to the Guardian, that shareholders will be able to sell their shares if they want to reduce their exposure to fossil fuel assets.

Meanwhile, Green groups are saying Woodside doesn’t have a good record on managing fossil fuel assets after it sold a floating oil rig, Northern Endeavour, for a nominal amount to a company that collapsed three years later without paying decommissioning costs estimated at between $200m and $1bn. Woodside claimed the sale was all above board.

Passing the buck

Which raises the big and complex issue of what is to become of all these ‘stranded’ fossil fuel assets. Will big companies simply off load them for whatever they can get and let some other hapless soul deal with the repercussions?

And does getting rid of these assets mean they’ll stop producing carbon emissions?

Political philosopher Jeremy Moss believes BHP (along with other companies) is banking the profits from their failing assets, while washing their hands of the responsibility to do something about their past and ongoing contribution to climate change. Instead of selling these assets, he says, companies should retire the assets and wear the costs.

In a recent Conversation editorial, Professor Moss reckons that if fossil fuel producers are truly serious about their climate responsibilities then two things need to happen: Fossil fuel producers should retire their mines or wells instead of selling them and they should pay for the cost of restoring mined land. Governments also need to step up to the plate and establish a national inventory of liabilities and an independent body to monitor safety of former mine and well sites.

Sounds reasonable and logical, just not doable. Based on past performance (eg, decades of climate denial and effective lobbying to prevent proactive climate policy), I think it’s safe to say the big fossil fuel miners think it’s cheaper to manipulate government than be true to their rhetoric on social responsibility.

Having said that, fossil fuel miners are now being hard hit by the divestment movement. Financial institutions around the world have adopted divestment policies aiming to end or reduce their involvement in the carbon economy and it does appear that new investments in oil, gas and coal are drying up. Which is likely why BHP is quarantining its fossil fuel assets in this joint venture with Woodside.

The non-fossil fuel BHP entity (which gave away its oil and gas assets) is no longer a target of the divestment movement and can once again access international capital. The exclusive fossil-fuel BHP/Woodside entity will carry on emitting because of the enormous injection of assets from BHP, possibly the only way it could develop given the divestment movement is depriving it of traditional forms of capital and insurance.

And then the music stops…

It’s a win-win for the corporates (and their shareholders), and a lose-lose for the planet (and its inhabitants).

Of course, one day the music will stop and the corporates betting their profits on stranded fossil fuel assets will find there’s no chair for them to sit on. The Bank for International Settlements has suggested that when this happens there could be a collapse in asset prices of fossil fuel industries that could lead to a wider economic collapse along the lines of the GFC.

What might a win-win look like? That’s a win for corporates and a win for society. Based on a realistic costing of the impacts of climate change in coming years* and being realistic about the tiny chance that the big corporates play fair (ie, be true to their social responsibility and not interfere with governmental policy), I think the best we could hope for might be governments stepping in and buying out the whole fossil fuel sector at some cut (heavily-discounted) rate based on their falling asset value.

Corporates will always pass the buck. But governments are elected to protect society. So why not accept the situation and get our governments to actually accept the buck on our behalf?

Haven’t we already spent trillions coping with the corona pandemic (and misbegotten adventures in Afghanistan). Why not draw down the debt a bit further and buy all the stranded fossil fuel assets? We can then restore the minesites (a few good jobs there, I reckon), repurpose the assets we’ve picked up to maximise their social utility (oil rigs make excellent platforms for hotels) and wear the cost?

Yes, I know this will have me labelled as a pixie in cloud cuckoo land (and a communist to boot) but do the maths yourselves. The cost to us of buying these stranded assets versus the cost of allowing them to continue functioning (ie, destroying the planet after taking out the economy) surely makes it a rational thing to do.

*There are many robust estimates of the cost of climate change in the coming years from many respected institutions. They are all scary and they have all been ignored by the Australian Government. Here’s one:
Lack of climate action over 50 years will cost Australian economy $3.4tn and 880,000 jobs

Banner image: Stranded assets? Maybe with a lick of paint they’d make nice floating hotels. (Image by Elise Aldram from Pixabay)

Silver bullets only work in fairy tales so don’t make them policy priorities for climate change

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Simple solutions for complex problems don’t exist and it’s dangerous to think they do

By David Salt

The Morrison Government is placing enormous faith in silver bullets to solve Australia’s biggest challenges. And that should worry every Australian because silver bullets are based on faith, not evidence.

Consider, for starters, their underwhelming response to the corona pandemic.

Simple solutions for complex issues

First they told us (sold us) a covid app would be our passport to living free. If enough people signed up to it, they promised, it would be the key to unlocking our economy. Costing millions of dollars to develop and promote, the COVIDSafe app was indeed supported by most Australians but, unfortunately, it quickly sank without a trace as its promise of infection tracing proved hollow.

Then they reckoned AstraZeneca would be a silver-bullet vaccine enabling an exit from pandemic living, and they put all their (and our) eggs into the AZ basket. So sure of this were they that they supported the production of AstraZeneca in Australia ensuring there would be no supply line issues. And, because they were so confident in the AZ fix, they turned their back on the Pfizer vaccine when it was offered to Australia mid last year.

Unfortunately for the government (and all Australians), the AZ vaccine had a rare blood-clotting side effect (limiting who could get it) and it wasn’t as effective against COVID variants. The Pfizer vaccine, on the other hand, came up trumps but we hardly had any. The consequences of this are playing out as I write this.

There was never going to be a simple solution to the COVID pandemic – too many variables, too many things changing over time, too many fallible humans acting in irrational ways – and we really should never have expected one. But we SO hoped for one, and that’s what politicians excel at – selling hope.

They sold us fool-proof technology, gold-standard tracing and guaranteed vaccine solutions without risk, and we wanted to believe it was true. But, as American journalist Henry Mencken described it: “For every complex problem, there’s a solution that is simple, neat, and wrong.” And how wrong have we been so far in this pandemic.

The biggest silver bullet

But the biggest silver bullet being deployed by the Morrison Government is their promise that climate change will be easily solved by “technology not taxes.”

This isn’t even a ‘real’ silver bullet but some ambiguous future aspiration held up to convince voters that they (we) don’t have to worry about climate change; we don’t have to change or sacrifice how we live (symbolised by the term ‘raising taxes’) because science and technology will come to our rescue. A simple sales pitch to solve a massive and complex problem. And though it’s not credible, it’s a sales pitch that had wide resonance at the last national election where the price of responding to climate change was front and centre but the cost of ignoring it was largely ignored.

Of course the phrase ‘this isn’t even a real silver bullet’ is problematic in itself. That’s because ‘silver bullets’ aren’t real. They are a weapon from folklore, a means of killing werewolves (or in some fairy tales, witches). Given their mythical value, the term has become a metaphor for a simple, seemingly magical and conclusive solution to a difficult and diabolical problem, like killing a powerful werewolf.

Given our politicians predilections for selling hope, silver bullets are their weapon of choice. Just keep in mind they aren’t real.

Beyond the fact that they’re mythical and don’t work, the problems associated with believing in silver-bullet solutions are legion. High up on the list are self-deception, lost opportunity cost and wasted time.

Dangerous on so many levels

If you buy into the belief that climate change can be fixed with a silver bullet – like say geoengineering a planetary heat shield to bring down temperature – than you’re deceiving yourself that you understand climate change. Instead of seeing our planet as a massively complex system you’re accepting the notion that the environment is a simple thing with knobs that humans can twiddle to optimise conditions. This is a dangerous self-deception held by some of the world’s most powerful people (who like to think they are in control). Former US Secretary of State Rex Tillerson, for example, is a proponent of geoengineering and once referred to climate change as “just an engineering problem”.

And if we prioritise our limited resources to develop these silver bullet solutions because we’re kidding ourselves about the nature of the problem, then we’re not investing in the many capacities we need to stay resilient in a changing world. Believing in a quick fix, a magical solution that solves the issue without wholesale change, means we don’t have to tackle the deep, multi-scaled dimensions of the problem. If you can convince the electorate, for example, that pumping sulfur dioxide particles into the stratosphere will keep the Earth cool, we stop investing in all the other things we should be doing in bringing down carbon emissions at all levels of society (which might explain why the fossil fuel sector is quite keen on geoengineering fixes).

Failing to acknowledge the real nature of the problem and investing in the wrong solution is obviously not a winning policy formulation, and this will eventually be apparent (in the long run Nature can’t be fooled). Unfortunately, by then the problem is usually worse, the damage often irreversible and addressing the issue a lot more expensive. If we opt for geoengineering solutions to climate change, following the same example, we may well be investing in silver bullets that use up what time we have to steer humanity away from the yawning abyss of climate breakdown. Indeed, it has been shown that the cooling effects of sulfur dioxide injected into the stratosphere by natural events (eg, the eruption of Mount Pinatubo in 1993) are short lived. They last a year or two then the heating trend caused by anthropogenic carbon emissions returns to its original trajectory as if the cooling effect had never occurred.

Firing silver bullets at coral

Consider the consequences of relying on silver bullets to save the Great Barrier Reef. It’s recently endured three mass bleaching events from rising water temperatures. The scientific consensus is that the Great Barrier Reef is cactus if humanity can’t radically reduce carbon emissions.

The Australian Government has devoted its energies to blocking UNESCO’s efforts to declare the reef ‘in danger’ while telling the world we’re the world’s best reef managers. It’s promoting and investing in technological solutions such as identifying heat tolerant coral species that can cope with increased temperatures, cloud brightening (a form of geoengineering) to reduce the temperature of the sun, and even massive water fans to promote mixing and bring down water temperatures.

While I am sure there is merit in all of these investigations, they don’t address the central issue of climate change and increasing temperatures, and they won’t save the Great Barrier Reef. They are silver bullets deployed by the government to convince the electorate that a magical solution exists for a diabolical problem. And the solutions they are promoting (as the world’s best reef managers) don’t involve voters having to change behaviour or a need for the economy to be restructured.

The cost in believing in these silver bullets (above and beyond that they won’t work) is a failure to acknowledge what the real problem is, a diversion of resources away from solutions that do address the challenge, and the loss of critical years during which the Reef slips further and further into irreversible decline.

Myths

The metaphor of silver bullets is now firmly part of the political lexicon. Next time you hear it being invoked, ask where the werewolves are and then remind the speaker that simple solutions to complex problems are simply myths.

Image by illusion-X from Pixabay

The wicked problem of complexity on the Great Barrier Reef

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The inconvenient truth of an ‘in danger’ listing isn’t going to save this precious Reef

By David Salt

The Great Barrier Reef looks like being moved onto the ‘in danger’ list of World Heritage estates and the Australian Government is not happy about the change one little bit. Why? Because they don’t think the listing process is fair and they still reckon the Great Barrier Reef is the best managed reef in the world. They also suspect China is out to get us.

The saga of the listing of the Great Barrier Reef has now been covered every which way by various media commentators. The science is crystal clear; the Reef is in serious and growing trouble. It’s hard to see how the Australian Government can escape the claim of gross negligence and mismanagement yet in this post-truth, hyper-partisan age it seems anything goes. The Government’s gripes with UNESCO of the in-danger list are not based on biophysical reality but on perceptions of procedural unfairness (and China has absolutely nothing to do with the UNESCO World Heritage committee’s decision).

Rather than focus at the minutiae of this ‘in danger’ listing, I’d like to reflect on the bigger lessons provided by how we’re dealing with the decline of the Great Barrier Reef, and what this means for all our precious ecosystems.

1. It’s not about how well the marine park itself is managed

Part of the Government’s defence this week has been that the Great Barrier Reef Marine Park is the best managed coral reef ecosystem in the world. Maybe that’s true in terms of resources committed to running the marine park. But it ignores that the biggest threat facing the reef comes from outside of this ‘well managed’ park.

The scientific consensus is clear, rising temperatures mean the Great Barrier Reef will not exist in the future. It doesn’t matter what band aids and grants are applied to the park itself. Unless we as a species reduce our carbon emissions (that lie behind climate warming) all coral reefs will be lost as they exist today.

Claiming that you are caring for a patch of nature while ignoring how that patch is connected and impacted by what happens beyond the patch is simply dishonest.

2. It’s also about water quality

The Government’s line on climate change is that this is a global problem. Australia by itself can’t solve global warming so therefore it’s not an issue that should be tied to the condition of the Reef itself.

Ignoring the fact that Australia is trailing the world on climate action (in many ways slowing an effective global response), what is it that Australia does take responsibility for? The answer is water quality on the reef.

Water quality refers to the levels of chemicals, nutrients and sediments ending up in Reef waters along the coast of Queensland. These ‘contaminants’ largely originate from land-based activities such as sugar cane, bananas and pastoralism. Declining water quality has been an issue for the Reef for much of the last three decades.

Poor water quality is a problem because it alters the balance of the Reef ecosystem – promotes outbreaks of coral eating Crown of Thorn Starfish (which eat coral), encourages algae to colonise spaces previously occupied by corals and generally lowers the Reef’s resilience.

Given the government’s impotence in the face of climate change, the strategy it has elected to follow is to focus on aspects it claims it can influence. In other words, clean up water quality by changing land management. We can’t force other countries to behave differently (in respect to climate change) but we do, in theory, have power over how we manage our own landscapes.

The belief is that if water quality can be improved, this will contribute to overall reef health which, in turn, means the reef should recover faster whatever disturbance hits (including climate-related episodes of bleaching and super-charged cyclones).

The Government has been spending hundreds of millions of dollars on improving water quality. While water quality has slightly improved on some measures it’s unlikely any of the ambitious targets set will be met and overall marine condition remains poor.

So, even if we ignore climate change (exposing the moral void of our environmental stewardship), the strategy nominated by the government to protect the reef – improve water quality – is also failing to achieve much. And this is not an isolated statement, there have been many reports in recent years showing government action is not working in improving water quality.

Why is it so hard to fix water quality? Because it’s very expensive (though a lot less expensive than taking on climate change). The government’s own costing on what is required is $8.2 billion over 10 years, and so far it hasn’t even stumped up a tenth of this.

But it’s more than just money. Fixing water quality requires massive change to land management over a big area. A former NRM Chief said “We’re trying to get transformational change to an area twice the size of Germany with 10,000 farms on it. This is no small undertaking.”

Big and very complex.

3. Scale is the GBR’s Achilles heel

The size of the Great Barrier Reef makes it hard to comprehend; it’s over 2000 km long. But the time frames we’re dealing with also problematic when it comes to the politics.

One of the arguments the Government used when faced with an impending ‘in danger’ listing last week was that UNESCO hadn’t done its due diligence. UNESCO’s conclusions were based on a ‘desk top review’. They need to come out to the reef and see it for themselves, said the Australian Government, see the great work being done to fix it being undertaken by Indigenous people, school kids, tour operators and other worthy stakeholders. They need to take into consideration the ‘gee whiz’ science being done on finding heat-tolerant corals and efforts to shade the reef, thereby creating possible pathways of restoration (actions most reef scientists simply cannot work at scale).

Of course, whenever someone cries ‘the Reef is dying’, you’ll also find a ratbag politician prepared to point (and sometimes rip out) a piece of coral and say: ‘looks healthy to me, what’s the problem?’

The problem is a lack of science; the problem the politicians capacity to cherry pick the evidence that suits their claim (by focussing on part of the Reef that’s looks good while ignoring the overall trend of decline). The problem is a failure to acknowledge a healthy reef now is irrelevant against the prospect of intermittent catastrophic bleaching events in the future.

It’s great that bits of the reef are recovering from the last bleaching event in 2020 (and the events in 2016 and 2017) but it takes many years for full recovery and with forecasts for bleachings every second year within the next decade, the GBR’s days are numbered.

So, while the Australian Government says ‘look at this bit of healthy reef’ or ‘the reef is recovering this year’, it entirely ignores the scales of time and space over which this massive ecosystem functions.

4. An inconvenient truth

Science often refers to climate change as an ‘inconvenient truth’. But when dealing with complexity it’s easy to worm your way around the issue. Politicians can easily slide around biophysical reality because the ecosystems we are dealing with are big, complicated and complex. The scales of time and space these systems are operating at are not aligned with the 3-5 year political cycles in which inflation rates and the cost of housing dominate debates.

It’s too easy for the (Australian) politicians to claim “we’re the best reef managers in the world” while all the evidence says otherwise.

Big ecosystems (think the GBR, the MDB and our east coast forests) are complex and difficult to understand. They are connected to other systems and influenced by what’s happening at other scales. And climate change is only part of the problem.

Our politicians will encourage you to only look at the bits that are in accord with their ideology (eg, the park is well managed, don’t look beyond the park), and to only think about the problem in the scale of their political cycle (eg, the good work being done by well-meaning volunteers gives them hope that their efforts make a difference, which makes them feel good; don’t think about the next bleaching event beyond the political horizon).

So the inconvenient truth for me is that our complex ecosystems are in trouble but our systems of governance don’t seem to be able to do anything about it.

The challenge then is not to better define the biophysical truth and expect politicians to change but to reform our governance such that it responds appropriately to ecosystem decline and collapse. For this to happen we need demonstrate to voters why that biophysical truth is important to the values they help dear and why they must hold our politicians to account.

The evidence is that our current management of the Reef, the Murray Darling Basin and our forests is unsustainable. If we wait for this ‘truth’ to become real then our ‘victory’ will be empty as the loss of these ecosystems will be irreversible. That’s an inconvenient truth we all need to acknowledge.

Image: Coming up for air on the Great Barrier Reef (Photo by David Salt)

Sharma v Minister for the Environment

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A big win for children on climate change, but for how long?

By Peter Burnett

Never underestimate children. Last week I was telling my family, over dinner, about a recent decision by Justice Bromberg in the Federal Court, concerning climate change. You’ve probably seen media reports of the case, Sharma v Minister for the Environment; in part because it features a group of children.

“The case was brought by half a dozen teenagers,” I pronounced, pleased to be able to talk about my work, “represented by a nun in her eighties.

“There were eight children,” corrected my 11-year-old granddaughter, who is in Year 6.

Well picked up granddaughter, there were indeed eight.

While my main purpose here is to discuss the court case, I have to say it’s heart-warming to see such awareness in one so young. After all, the case concerned her future. Yet it is also heart rending, given the Court’s finding that the climate future facing today’s children was ‘potentially catastrophic’.

The court challenge

The children sought a declaration that the federal environment minister owed them a duty of care in relation to a proposal by a subsidiary of Whitehaven Coal to undertake a major expansion of its Vickery mine in northern NSW.

The Environment Minister came into the equation because the mine could only proceed if she approved it under the EPBC Act, an approval the minister had not yet given.

The expansion would extract an additional 33 million tonnes of coal over 25 years, which would generate 100 million tonnes of C02 when burned.

This is equivalent to about a quarter of Australia’s annual emissions. Although the Court found that, in isolation, these emissions would result in a global temperature increase of only one eighteen-thousandth of a degree Celsius, it rejected an argument that it should disregard this increase as negligible under a legal rule known as de minimis.

The argument for the Minister owing a duty of care was that potentially catastrophic future climate impacts were the foreseeable result of approving the mine and that the children were so vulnerable and so closely and directly affected by a decision under the control of the Minister that she ought to take reasonable care to avoid personal injury to them.

The Minister’s arguments in reply were based on the EPBC Act being a statutory scheme that should, for reasons of both principle and legal interpretation, be regarded as not amenable to common law principles of negligence. A common law duty of care would, the Minister argued, skew her regulatory task.

Interestingly, the minister did not challenge evidence from Emeritus Professor Will Steffen and other experts about the future impacts of climate change on the children. Clearly the government did not want to open itself to accusations of denialism by putting the facts in question, and so it relied exclusively on legal arguments.

The court decision

The Court accepted the argument that the minister owed the children a duty of care not to injure them when exercising her power under the EPBC Act to approve or not approve the mine extension. However, because the judge was not satisfied that there was a reasonable apprehension that this duty would be breached (basically because it was too early to know what the minister might decide), he refused to grant an injunction.

This simple decision sits atop nearly 150 pages of complex legal analysis about the law of negligence, the circumstances in which the courts might find a novel duty of care, such as the one here, and the interaction between statutory schemes such as the EPBC Act and the common law of negligence.

Implications of the decision

There’s enough raw material in this decision for a PhD thesis. So for present circumstances, let’s just look at implications and prospects.

If the decision stands, the implication of the case for decisions under the EPBC Act is that the Minister, when considering whether to approve a development, must now turn her mind to an additional mandatory consideration, the likelihood of personal injury, at least to children if not to others.

This would most likely be of relevance in situations similar to this case; ie, to very large fossil fuel projects, given their climate impacts. The ironic fact that the EPBC Act does not directly regulate climate impacts would not affect this outcome.

It is also conceivable that the precedent might apply to other projects with very large impacts, for example where a project might lead to extensive contamination of the waters of the Great Artesian Basin.

The decision also has potential implications far beyond the EPBC Act. If this duty exists under that Act, it may also apply to other government decisions, possibly even to Cabinet and Budget decisions. And if the duty applies to the minister in approving a mine, it may also apply to those, like Whitehaven, who build and operate mines.

The prospects of the decision standing

This is only the latest in a series of cases which have put fairly adventurous arguments before the courts in the hope of giving the EPBC Act some real teeth. Unlike most of the other cases, on this occasion the arguments have been successful.

However, I think this decision will be appealed and overturned. The arguments would be complex, but in my view, the one most likely to succeed is straight-forward: that the EPBC Act contains a specific direction to the minister to the effect that, in deciding whether or not to approve a development, he or she must only consider the things listed in the relevant division of the Act. That division makes no mention of a duty of care.

If I am right, in one sense it will be back to business as usual, with the Environment Minister approving individual developments on the basis that their impacts are ‘not unacceptable’, while the environment continues to decline.

However, climate litigation is becoming more common around the world as climate risks and impacts increase. Corporations are becoming increasingly responsive to those risks. Even if the case is reversed on appeal, the decision will have given Australian businesses pause for thought and can only add to the momentum towards ‘net zero by 2050′, even in the absence of a government policy to that effect.

Image by Wi Pa from Pixabay

Out of control with a smidgen of humility

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We do so much better when we acknowledge we aren’t in control

By David Salt

The wealthier a country or an individual household, the less concerned they were toward the seriousness of climate change. So concluded French and Australian researchers reviewing survey data from 10,000 households in 11 OECD countries. They hypothesized that richer households (and countries) are less concerned about climate change because wealth provides a buffer against some of the related risks. This leads people in wealthier countries and households to perceive a greater sense of control over climate change impacts, which in turn results in lower levels of concern.

Pretty disturbing, huh?

And yet it’s quite in keeping with Australia’s laggardly response to the growing spectre of climate change. Coral reefs can bleach and biodiversity can collapse but, as a developed nation, we continue to elect conservative governments that turn their back on climate change using misleading arguments about the cost of climate action on the economy (misleading and dishonest because it never factors in the cost of not acting – but that would involve listening to the science!). Whereas our poorer Pacific neighbours are very concerned about climate change and begging for us to do more yet we happily ignore them and their concerns.

And yet, in recent years the threat (and reality) of not being in control has brought out the best in many Australians (just not so much in our national government).

A Black Summer

Australians have considerable experience with bushfires but the fire season of 2019/20 – our Black Summer – was of a scale without precedent. The forest ecosystems along our eastern seaboard all went up in flames, and there was nothing anyone could do about it.

Prior to this fiery catastrophe, an eminent group of retired emergency workers pleaded with the government to take heed of the climate science, predicting a catastrophic fire season was just around the corner; but they were ignored.

“Don’t tell us what to do,” our national government effectively said. “We’re in control, we’ve got it covered.” Of course, as events were to show, they didn’t.

There was enormous loss of property and life; although given the intensity and scale of the conflagration mercifully few people perished when compared to earlier wildfires (173 people died in Victoria’s Black Saturday fire of 2009 as compared to 34 throughout the much bigger Black Summer period).

Indeed, it was the tragedy of the 2009 Black Saturday event that changed our national mindset to how we approach big wildfires. The hard truth of these fires is that they can’t be managed and when they occur the priority has to be saving life and getting out.

To my mind, the brutal savagery of the Black Summer was a wakeup call to our national identity. We’re not actually in control, and we should set our priorities accordingly.

The silver lining

We were still licking our wounds from the fires when a new uncontrollable menace began rolling around the world at the beginning of 2020 in the form of a novel corona virus, slaying the sick and aged in its wake.

Overseas, every populist leader who downplayed the threat of CoVid 19 in order to keep their economies chugging along (think Trump, Johnson, Bolsonaro and Duterte) invited mass death into their populations with legacies still to be reckoned. A sense of superiority and control mixed with a fair degree of libertarian dismissal about the fate of others proved to be a fertile pasture for an incredibly infectious and highly lethal disease.

Back here we watched unfolding events with an uncharacteristic humility and respect for science. We had just been defeated by an environmental disturbance that had scorched the nation, and we demanded our leaders to do more than pay lip service to the science of epidemiology. We also acknowledged that we were all in this together, as we had done during the Black Summer, and that everyone needed to do their part.

Combine this with our island status and a modular federal constitution that enabled state governments to block internal movement, and Australia was the poster child of the pandemic. We eliminated the virus on our shores and the government dropped its ideological control and spent up big to keep the economic home-fires going.

However, in a globalised world, no country is an island, even if it occupies one. In Australia we saw multiple breaches of our quarantine defences as people returned from overseas. Victoria’s second wave was a massive wakeup call that this virus needed to be taken seriously and, again, as a nation we observed the rules (even when it meant constraining our personal liberties), trusted the judgements of our science experts and we prevailed. This thing was bigger than any individual regardless of their wealth, so we pulled together and responded well to the scientific evidence.

Victoria has now undergone two more lockdowns (we’re currently in the fourth). It is telling the nation again and again, we are not in control. And our response has been good.

Contrast that with India’s crippling outbreak when their leaders decided they had beaten the bug and declared business as usual prematurely. India, an emerging superpower, has been hobbled; it will likely never be the same again.

Giving up control

Giving up control is never easy, be it as a government with a strong ideological focus or individuals with a strong belief in their own wealth and personal freedoms. However, sometimes circumstances in the form of massive disturbances make giving up control not only possible but the desirable thing to do. Most recently we’ve seen it in the Black Summer and the pandemic, but examples of giving up control go back to the beginning of civilisation.

Researchers from Germany Italy have just published an analysis of studies on Mesopotamian civilisations that demonstrates that severe droughts actually led to society’s elites giving up control in order that their societies might cope better during these environmental crises. They showed that severe drought actually stimulated greater levels of cooperation between political elites and non-elites, and led to the development of important institutional processes that can still be seen in our societies today.

Incurable optimists (and most politicians) will often say every crisis is an opportunity. Australia, with its highly variable climate, seems to slip from environmental crisis to crisis. Maybe to really make the most of these events we need a smidgen of humility, an acknowledgement that we are not in control. If we could achieve this, then maybe we’d learn, adapt and prosper in the face of an increasingly uncertain future.

We’ve shown we do well when we pull together, when the chips are down. Let’s hope our recent experiences with fire and contagion will enable us to sustain that humility long into the future.

Image by Terri Sharp from Pixabay