The Keystone XL Illusion
The Scary Hidden Stressor - "The Arab Spring and Climate Change"
Jeremy Rifkin: Creating a New Economic Paradigm (Ceres Conference 2012)
Recently I had the pleasure of presenting a keynote lecture at the Ceres Conference in Boston, MA. Please see the link below to view my talk:
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Jeremy Rifkin: "The Third Industrial Revolution" - The Diane Rehm Show ; Paul Krugman
Supreme Court Skeptical About Climate Change Suit
The politics of climate change hit the U.S. Supreme Court Tuesday, illustrating the powerful and unpredictable role the court can play in protecting the health and safety of the nation.
Just four years ago, the justices repudiated the Bush administration and ruled 5-4 that the federal government has a duty to regulate carbon dioxide and other greenhouse gases under the Clean Air Act. But on Tuesday, the justices gave a chilly reception to state governments that are suing electric utilities over emissions that contribute to global warming.
Tuesday's case was first brought in 2004 by a coalition of states and environmental groups. They sued the nation's five largest public utilities — companies that together produce 10 percent of U.S. carbon emissions annually. The states were seeking a court order to cap emissions. But for a variety of reasons, the lawsuit languished for five years. In the meantime, the Supreme Court ruled in a different case that the federal Environmental Protection Agency is required to regulate such emissions.
What's more, President Obama took office, and under his lead, the EPA announced plans to regulate where the Bush-era EPA had not. The states' case, however, trudged on in the lower courts, and in 2009, a federal appeals court in New York ruled it could go forward to trial.
At the time, in light of the Obama administration's effort to regulate greenhouse gases, the lower court ruling seemed little more than a footnote. But the utilities appealed to the Supreme Court, where, joined by the Obama administration, they contended that the states have no right to bring a lawsuit like this to enforce public health and safety.
'Everything Has Changed Again'
By Tuesday, when the case was finally argued in the Supreme Court, the political situation had once again flip-flopped. Now, experts like Richard Lazarus, director of the Georgetown University Supreme Court Institute, say the case looks like it could be a good deal more than a footnote.
"Everything has changed again," Lazarus says. "You have a Congress which is trying to undo everything. They're trying to rewind back to 2004."
Indeed, the newly Republican House of Representatives voted this year to strip the EPA of its rule-making authority on greenhouse gases. And while the recent budget compromise did not include that provision, Republicans and some Democrats are widely expected to push again for its enactment.
For this reason, New York Solicitor General Barbara Underwood pleaded with the Supreme Court justices Tuesday not to "close the courthouse doors" to the states.
She acknowledged that the states' lawsuit has reached the court at a "peculiar moment in time." The administration says it has already proposed regulating the same power plant emissions at issue in this case by May 2012. But Underwood (states (P)) maintained that it would be wrong to throw out the states' case on the basis of a (federal) regulatory regime "that is said to be imminent, not something that actually exists."
Until the EPA actually enacts a set of federal regulations limiting greenhouse gas emissions, she said, the status quo is that the five utilities in this case are using old and dirty technology to emit 650 million tons of carbon dioxide into the atmosphere each year and that these emissions cause an increase in respiratory illness, a reduction in usable drinking water, a rise in sea levels, beach erosion and flooding.
The federal common law gives the states a remedy for pollution, she said, and it "cannot be" that the mere "promise" of a regulation from the federal government is enough to prevent the states from acting in court.
Justices Skeptical
Her argument met with deep skepticism from the justices across the ideological spectrum — from liberal to conservative.
Justice Ruth Bader Ginsburg told Underwood that "Congress set up the EPA to promulgate standards for emissions," and "the relief you're seeking seems to me to set up a district judge ... as a kind of super-EPA."
Chief Justice John Roberts sounded a similar note, wondering "what factors go into the cost-benefit analysis" for a court to determine appropriate emissions levels, and whether there are economically viable options to reduce carbon emissions without increasing the cost of electricity to customers.
Underwood answered that the states have "alleged that this can be done without increasing the cost to consumers," and that these are facts that "can be proven or not proven at trial."
But Justice Elena Kagan responded that determining the most cost-effective way to reduce emissions "sounds like the paradigmatic thing that administrative agencies do rather than courts."
Yes, Underwood replied, but if there were no agency regulation, and someone was "shooting poison into the air in a way that injured people in another state," the law should give states a remedy in federal court.
A decision in the case is expected by summer
Droughts, Floods And Food
We're in the midst of a global food crisis -- the second in three years. World food prices hit a record in January, driven by huge increases in the prices of wheat, corn, sugar and oils. These soaring prices have had only a modest effect on U.S. inflation, which is still low by historical standards, but they're having a brutal impact on the world's poor, who spend much if not most of their income on basic foodstuffs.
The consequences of this food crisis go far beyond economics. After all, the big question about uprisings against corrupt and oppressive regimes in the Middle East isn't so much why they're happening as why they're happening now. And there's little question that sky-high food prices have been an important trigger for popular rage.
So what's behind the price spike? American right-wingers (and the Chinese) blame easy-money policies at the Federal Reserve, with at least one commentator declaring that there is ''blood on Bernanke's hands.'' Meanwhile, President Nicolas Sarkozy of France blames speculators, accusing them of ''extortion and pillaging.''
But the evidence tells a different, much more ominous story. While several factors have contributed to soaring food prices, what really stands out is the extent to which severe weather events have disrupted agricultural production. And these severe weather events are exactly the kind of thing we'd expect to see as rising concentrations of greenhouse gases change our climate -- which means that the current food price surge may be just the beginning.
Now, to some extent soaring food prices are part of a general commodity boom: the prices of many raw materials, running the gamut from aluminum to zinc, have been rising rapidly since early 2009, mainly thanks to rapid industrial growth in emerging markets.
But the link between industrial growth and demand is a lot clearer for, say, copper than it is for food. Except in very poor countries, rising incomes don't have much effect on how much people eat.
It's true that growth in emerging nations like China leads to rising meat consumption, and hence rising demand for animal feed. It's also true that agricultural raw materials, especially cotton, compete for land and other resources with food crops -- as does the subsidized production of ethanol, which consumes a lot of corn. So both economic growth and bad energy policy have played some role in the food price surge.
Still, food prices lagged behind the prices of other commodities until last summer. Then the weather struck.
Consider the case of wheat, whose price has almost doubled since the summer. The immediate cause of the wheat price spike is obvious: world production is down sharply. The bulk of that production decline, according to U.S. Department of Agriculture data, reflects a sharp plunge in the former Soviet Union. And we know what that's about: a record heat wave and drought, which pushed Moscow temperatures above 100 degrees for the first time ever.
The Russian heat wave was only one of many recent extreme weather events, from dry weather in Brazil to biblical-proportion flooding in Australia, that have damaged world food production.
The question then becomes, what's behind all this extreme weather?
To some extent we're seeing the results of a natural phenomenon, La Nina -- a periodic event in which water in the equatorial Pacific becomes cooler than normal. And La Nina events have historically been associated with global food crises, including the crisis of 2007-8.
But that's not the whole story. Don't let the snow fool you: globally, 2010 was tied with 2005 for warmest year on record, even though we were at a solar minimum and La Nina was a cooling factor in the second half of the year. Temperature records were set not just in Russia but in no fewer than 19 countries, covering a fifth of the world's land area. And both droughts and floods are natural consequences of a warming world: droughts because it's hotter, floods because warm oceans release more water vapor.
As always, you can't attribute any one weather event to greenhouse gases. But the pattern we're seeing, with extreme highs and extreme weather in general becoming much more common, is just what you'd expect from climate change.
The usual suspects will, of course, go wild over suggestions that global warming has something to do with the food crisis; those who insist that Ben Bernanke has blood on his hands tend to be more or less the same people who insist that the scientific consensus on climate reflects a vast leftist conspiracy.
But the evidence does, in fact, suggest that what we're getting now is a first taste of the disruption, economic and political, that we'll face in a warming world. And given our failure to act on greenhouse gases, there will be much more, and much worse, to come.
LOAD-DATE: February 7, 2011
Winning & losing (mostly losing) in Cancun
First the good news.
The conference produced some important steps forward:
► With one lone dissent, by Bolivia, the other 193 participants overwhelmingly endorsed the final agreement, which formalized the status of the Copenhagen Accord. That accord, about which IntLawGrrls posted here and here, thus has been officially integrated into the United Nations process.
► There was an agreement on preserving tropical forests (REDD+) that provides for compensation payments to tropical countries that reduce deforestation.
► There was also an agreement setting up a Green Climate Fund to provide financial assistance to help developing countries restrain their emissions and cope with the impacts of climate change.
These are important steps.
Given last year's failed Copenhagen meeting, expectations were very low for the Cancun
meeting. So, the conference’s modest success was encouraging in that it restored faith in the possibilities of the multilateral United Nations process as a forum where climate progress can be made. Mexican Foreign Minister Patricia Espinosa (right) earned wide praise for her transparent and deft handling of the negotiations.Now for the bad news. . . .
The talks failed to produce any agreement ensuring reduced carbon emissions. Without drastic cuts in carbon emissions, the world will soon run out of time to avert catastrophic climate change.
The scientific evidence is clear — human activities linked to burning fossil fuel are increasing carbon dioxide levels in the atmosphere. The resultant buildup of carbon dioxide is likely to warm the planet by several degrees Centigrade in the next half-century. International efforts have identified keeping that warming below 2 degrees Celsius (about 3.6 degrees Fahrenheit) as the goal.
The effects of global warming are already clearly visible in the Arctic, wheredrastically reduced summer sea ice threatens the continued existence of ice-dependent animals like Pacific walrus and polar bears, whilemelting permafrost jeopardizes the safety and livelihoods of Arctic residents. Coral reefs are bleaching and dying at an alarming rate.
Extreme weather events around the world, including floods and droughts are a harbinger of things to come. As the planet warms
and the climate changes, we can expect disease, species extinction, water shortages, rising sea levels, and the disappearance of small island states.World leaders must significantly raise their game if we're to meet the challenge of climate change. Time is running out, and the atmosphere doesn't negotiate with politicians.