develop carbon-free energy, but rather to
develop unconventional fossil fuels! They anticipated finite reserves
of conventional fossil fuels. Via enormous investments the fossil fuel
industry successfully developed ‘fracking’. This choice forced E.E.
David to become a climate ‘denier’, which he remained throughout the
rest of his life.
Why do I think some CEOs today may be different? David’s talk was
almost four decades ago! His own scientists were telling him there were
many uncertainties about climate change. The situation is different
now. First, human-made climate change has emerged far enough from
weather ‘noise’ that even the public notices it. Second, the science
has become clearer and exposes an urgency for action that is not
convenient for political operatives, but is understandable to the
well-informed. This conclusion must be made clear to policymakers and
judges, and, as useful as a good elevator summary is, two minute
summaries are not sufficient for that purpose.
The United States government has possessed extensive knowledge about the
threat posed by fossil-fuel driven climate change for several decades,
as delineated in my Expert Report for the Juliana v. United States
case. Yet, as described in the ‘Nutshell’ summary, the United States
government allows, permits and subsidizes fossil fuel reserves, so that
the fossil fuels are processed, transported and burned with little or no
control on emissions. The government allows the atmosphere to be
treated as a free dumping ground for waste CO2. The government does this even while knowing the consequences thereof.
In ‘Nutshell’ I note that the deference to the fossil fuel industry,
violating rights of young people, is not a problem that can be solved at
the ballot box. Both political parties in the U.S. receive large sums
of money from the fossil fuel industry and have a sycophantic
relationship with the industry, albeit differing in degree.
The Obama Administration, e.g., in 2011 opened up hundreds of millions
of tons of coal on public lands to new lease sales. Moreover, the sales
were at prices far below market value, continuing a practice of federal
subsidy of coal titans amounting, through those sales alone, to tens of
billions of dollars.
The Trump Administration’s astounding recent efforts to accelerate
fossil fuel use are pressing the world rapidly toward the climate
precipice. The Administration blatantly misrepresents the facts about
climate change and specifically the U.S. contribution to climate
change. We must expose the facts rigorously so that the courts can
protect the rights and future of young people.
The 06 December ‘Nutshell’ draft was also criticized for failing to
mention the potential of advanced nuclear technology to contribute to
phasedown of carbon emissions power. The reasons for this omission
were: (1) discussion of the full range of promising carbon-free energy
sources is not essential here, because a court cannot tell a government
how to reduce fossil fuel emissions – it can only demand that there be a
plan that stops violation of young people’s rights, (2) discussion of
the varieties of nuclear power, including advanced nuclear technology,
would make this document even much longer.
That is the background, about why I believe that we must make the
climate story as clear as possible to an industry CEO as well as a Chief
Justice. Surely, there will be lawsuits against the fossil fuel
industry as well as against governments. I am not so much interested in
‘reparations’, the idea of extracting money from the industry for its
past sins, as in getting the industry’s cooperation on moving as rapidly
as practical toward clean carbon-free energy of the future. However,
at this juncture, the threat of lawsuits is probably necessary to get
them there.
Despite the recent turn toward increased global authoritarianism and
denial of scientific facts, we have also recently witnessed the
heart-warming sight of marching Australian children, defying their Prime
Minister’s instruction to stay in school. It may not be long until
there is another chance at a day of reckoning. This time it must be
clearer what young people and other life on our planet need to assure
their future. We must be sure that thoughtful people at high government
and industry levels have a good understanding of the climate change
situation.
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