2 October 2017, Think Progress, Courts back climate scientists, but right-wing attacks are disrupting research. Right-wing groups inappropriately using open records requests has had a chilling effect on scientific inquiry. People play dirty when they can’t win by playing fair. This is, more or less, the story of climate change denial in the United States. Scientists overwhelmingly agree that humans are altering the climate, reaping changes with potentially catastrophic consequences. Climate deniers can’t dispute the data. They can’t win on facts. Instead, they impugn the credibility of scientists, a tactic which has proved both ugly and effective. Right-wing groups are using open records laws to obtain scientists’ emails — and then misrepresenting the content of those emails to question the integrity of researchers and cast doubt on their findings, all of which has a chilling effect on scientific inquiry. But scientists have earned powerful allies in the fight to protect their research — including, by a strange set of circumstances, the Trump administration. Read More here
Tag Archives: Legal Action
5 September 2017, Reuters, ANALYSIS-Hurricane Harvey’s aftermath could see pioneering climate lawsuits. After disasters in the United States like Hurricane Harvey, lawyers get busy with lawsuits seeking to apportion blame and claim damages. This time, a new kind of litigation is likely to appear, they say – relating to climate change. That’s because rapid scientific advances are making it possible to precisely measure what portion of a disaster such as Harvey can be attributed to the planet’s changing climate. Such evidence could well feed negligence claims as some victims of the hurricane may seek to fault authorities or companies for failing to plan for such events, according to several lawyers interviewed by the Thomson Reuters Foundation. “As extreme weather events and related damages and other impacts increase in severity … courts will increasingly be called upon to seek redress for damages suffered,” said Lindene Patton, a risk-management lawyer with the Earth & Water Group, a Washington-based specialty law firm.Hurricane Harvey last week brought unprecedented destruction as incessant rain and winds of up to 130 miles per hour caused catastrophic damage, making large swathes of Texas and Louisiana uninhabitable for weeks or months. Images of soldiers and police in helicopters and special high-water trucks rescuing Texans stranded by floodwater brought back painful memories of the devastation wrought by Hurricane Katrina in Louisiana a decade ago. The U.S. Environmental Protection Agency has rejected a contention by scientists and the U.N.’s World Meteorological Organization that the historic rainfall from Harvey was linked to climate change. Still, the dramatic scenes rekindled questions about the extent to which climate change can be blamed for such a monster hurricane, beyond broad predictions that global warming will increase the frequency of freak weather events. This time around, scientists are increasingly confident they can come up with answers.Their tool is a new science, known as event attribution, which determines what proportion of a specific extreme weather event can be blamed on climate change. Read More here
31 August 2017, Bloomberg Business Week, Harvey Wasn’t Just Bad Weather. It Was Bad City Planning. Houston exulted in sprawling, hands-off growth. That’s no way to prepare for natural catastrophes. Houston has been wet since birth. In the 1840s, the German explorer Ferdinand von Roemer described the Brazos River prairie just outside the young town as an “endless swamp” that mired the wheels of his wagons. He reported that some people who’d intended to settle in Texas turned around and left after seeing the “sad picture.” But Houston never let itself be hampered by its hydrology. It spent billions patching together a mess of dams and drainage projects as it grew and grew. It’s the fourth-biggest city in the U.S., boasting one of the world’s largest medical centers, oil refineries, a stupendous livestock show and rodeo, highbrow culture, vibrant economic growth, and speakers of 145 languages. The consolidated metropolitan statistical area surrounding Houston and extending to Galveston is larger than the state of New Jersey. Read More here also here
29 August 2017, The Independent, A “wave of legal action” over climate change has already begun and cases will become more likely to succeed as the scientists get better at attributing extreme weather events to global warming, activists have warned. Writing in the journal Nature Geoscience, lawyers from ClientEarth in London and Earth & Water Law in Washington DC said events previously regarded as “acts of God” could increasingly land humans with a bill for damages. Companies and their directors, government agencies and others with a duty of care, who fail to disclose relevant information or to plan ahead, could all potentially be in legal trouble. Several legal cases are already underway in the US with a group of young people suing the US federal government for allegedly creating and enhancing the dangers of climate change; coastal communities in California suing fossil fuel companiesover sea-level rise; and the New York attorney general’s office investigating ExxonMobil amid claims the company may have misled shareholders about the financial risk posed by climate change. The Nature Geoscience article said: “The question is not whether there will be another wave of climate-related litigation — the wave is already in motion. “The question instead is whether it will be more successful than previous efforts. Read More here