Juliana v. United States: the battle heats up

My earlier post dated January 19th, outlined ‘Juliana v. United States’,  the youth climate lawsuit. The suit claims that the federal government, because of its ongoing failure to limit fossil fuel extraction and use, has violated the young people’s constitutional rights to life, liberty, and property, and failed to protect the country’s public-trust resources. The case is currently held up in the Ninth Circuit Court of Appeals following an appeal by the government, the latest of many attempts by the Trump administration to derail the action.

Photo: James R. Browning Courthouse, San Francisco CA
James R. Browning Courthouse, Ninth Circuit Court of Appeals, San Francisco CA. Image: Google

On February 4th., the court agreed to begin hearings on the government’s appeal next June, in Portland, Oregon. Also on February 4th., Donald Trump nominated David Bernhardt to head the U.S. Department of the Interior. Bernhardt had become acting head following the departure of scandal-plagued Ryan Zinke.

Photo of David Bernhardt
David Bernhardt. Photo credit: D. Zalubowski/AP

It’s expected that Mr. Bernhardt, a former fossil fuel industry lobbyist, will continue to work on advancing  the President’s “energy dominance” agenda for the country. According to the New York Times, this has already involved “some of the largest rollbacks of public-land protections in the nation’s history . . .  opening millions of acres of public land and water to oil, gas and coal companies.” The Guardian of Dec. 16, 2018 quotes Natural Resources Defense Council’s Bobby McEnaney: “It’s not so much who [Mr. Bernhardt] has helped, it’s who hasn’t he helped in industry so far. The notion that he could extricate himself from benefiting his former clients is impossible.”

Reduced to its essential meaning, the young people’s lawsuit is accusing the Trump administration of ecocide — the destruction of the natural world, including all the humans in it. Underlying that accusation is the fact that, while the plaintiffs are young, the people causing the destruction are old — like Trump. It follows that while the old people have only a few years left to live, the young people have their whole lives ahead of them, provided the old people can be prevented from killing them prematurely.

Despite the Juliana lawsuit, and perhaps in spiteful reaction to it, President Trump, with the help of Mr. Bernhardt and many others like him, has actively persisted in his objective, which is to open up every square foot of the country’s federal lands to fossil fuel extraction. His current push to open the Atlantic and Pacific Outer Continental Shelves to offshore drilling, has caused even some Republican legislators to become queasy.

Map of USA showing federal lands
U.S. federal lands. Map produced by Bureau of Land Management, Washington DC

On February 7th, reacting to the Trump administration’s nose-thumbing behaviour, the Juliana plaintiffs filed an “urgent motion” in the Ninth Circuit Court, asking it to grant an injunction preventing the government (pending the resolution of its appeal) from: mining coal on federal public lands; engaging in offshore oil and gas exploration on the Outer Continental Shelf; developing new fossil fuel infrastructure such as pipelines and fossil fuel export facilities.

Accompanying and following the motion were supporting briefs from more than 30 diverse groups and individuals, including one from Zero Hour (zerohour.org) on behalf of 32,340 children who responded to an online petition.

The government filed its opposition to the plaintiffs motion on February 19th.

 

Climate science bugs Trump — He reaches for the bug-off

Aerial photo of Portsmouth Naval Shipyard, Maine
Portsmouth Naval Shipyard in Maine, one of several large military bases at risk from Sea Level Rise. Image credit: U.S. Navy

President Trump is vexed. Despite his well publicized positions on global warming — it’s a hoax; it doesn’t exist; etc., — elements within his own administration continue to insist that the phenomenon poses a threat to national security. For example, Daniel Coats, Director of National Intelligence, recently submitted the agency’s Worldwide Threat Assessment to the Senate Intelligence Committee for its review. The report states that “Global environmental and ecological degradation, as well as climate change, are likely to fuel competition for resources, economic distress, and social discontent through 2019 and beyond.”

The problem for Mr. Trump is what to do about these public servants who contradict his position on climate change. His natural impulse is to fire them — learned behaviour from his entertainment days. But taking that approach with the military would likely backfire. He would have to sack  a slew of senior officers. The country’s largest military bases are built on the coast and under increasing threat from sea level rise, storm surge, and hurricanes. The top brass know that and have said so publicly.

The following YouTube video from Democracy Now, shows damage caused by Hurricane Michael to Tyndall Air Force Base, Florida, on October 10, 2018. It also gets New York Times journalist Dave Philipps’s take on the reaction of the Trump Administration. Hurricane Michael was the first ever on-record category-4 cyclone to hit the Florida panhandle .

If there is one thing Mr. Trump has learned during his time in office, it is that it’s not easy in a democracy to silence dissenters. Silencing them can’t be accomplished simply by decree. To succeed, even partially, directives need to be justified in some way. That’s what Mr. Trump has lacked — justification for gagging, or at least quieting, the climate change chatterers in his administration. Now he’s aiming to rectify that situation.

Photo of professor William Happer, Ph.D.
William Happer, Ph.D. Image: Heartland Inst. website

According to the Feb. 20 Washington Post, the White House is assembling a panel to assess whether climate change poses a threat to  national security. The man slated to head the panel is William Happer. Happer is an emeritus professor of physics at Princeton University. He’s also a climate change sceptic with a bee in his bonnet about carbon dioxide (CO2). While Happer agrees that CO2 is a greenhouse gas, he claims that most of the atmospheric warming that has occurred over the past century is due to natural causes, not to humans actions. He further claims that the release of CO2 from burning fossil fuels, far from being bad for the planet, is actually good for it and for the plants and humans who live on it. Happer believes that CO2 has been unfairly maligned by the scientific community. He now fancies himself as the gas’s defender in chief.

While Professor Happer’s opinions are popular among fossil fuel producers, they are music to the President’s ears. Why? Because such opinions appeal to his support base. According to David Smith reporting for the Guardian, Mr. Trump, during his address to the Conservative Political Action Conference (CPAC) in Washington on March 2, 2019, had this to say:

 “I think the  [Democrat’s] new green deal, or whatever the hell they call it. The Green New Deal, right? I encourage it. I think it’s really something that they should promote.” — laughter from the crowd — “No planes. No energy. When the wind stops blowing, that’s the end of your electric. ‘Let’s hurry up. Darling, darling, is the wind blowing today? I’d like to watch television, darling.”   —  cheers and applause from the crowd.

When the President’s climate change panel concludes its work — if it ever does — will its findings add to humanity’s sum of useful knowledge? What do you think?

 

 

 

Idaho: safe from Sea Level Rise but not from Drought and Fire

Crown fire in mixed conifer forest, southern Idaho, 2016
Crown fire in a mixed conifer forest, southern Idaho, 2016. Photo by Karl Greer, U.S. Forest Service

Idaho, an inland State, most of which lies above 2,000 feet in elevation, is safe from Sea Level Rise, but not from the warming atmosphere that’s causing it. Average summer temperature across the Pacific Northwest are predicted to rise by several degrees in the coming years. That will translate into serious trouble for the regions forests.  The Seattle Times of Sept. 11, 2017, quotes Amy Snover, director of the Climate Impacts Group at the University of Washington: “We expect to see more fires and bigger fires. People are just beginning to wake up to this, but public lands managers do think about this and the potential risks.”

The 2018 fire season validated that prediction. The  image below shows a satellite snapshot (as an overlay on a map of the U.S.) of dense smoke across the West Coast on the morning of August 20, 2018.  The smoke cover extends north into Canada, south to Texas, and east to the Great Lakes. Idaho is hidden.

Satellite snapshot of wildfire smoke across the U.S. Aug. 20, 2018
Satellite snapshot of wildfire smoke across the U.S. Aug. 20, 2018. Image: NOAA

According to the U.S. Forest Service budget report for 2015, climate change has extended the wildfire season by an average of 78 days per year since 1970. Funding for fire fighting has remained flat for years, and rising costs have repeatedly broken the Service’s annual budget. Last year, Congress passed a ‘fire funding fix’. The bill, which will become effective in 2020, provides $2.25 billion to cover fire fighting costs that exceed regular appropriations. In addition, the bill contained half a billion in emergency fire fighting funds for 2018.

Mike Crapo, U.S. Senator from Idaho, was the principal backer of the ‘fire funding fix’. Speaking about the new funding regime at the National Interagency Fire Center in Boise, Idaho, on May 3, 2018, he had this to say:

“It’s taken us . . . thirty years to get here in terms of what was not the adequate management we needed to be putting into place on the ground. We are not going to solve it all in one fire season. So it’s true, we’re still going to be dealing with some of the things that have been building up over time and are giving us the problems that we have now. That being said, we are now going to start managing properly, and, as Vickie Christiansen, the Acting Chief of the [U.S.] Forest Service said, we are now going to move toward that point — which will take us some years to achieve — but to that point where fire is the servant not the manager of our forests.”

Mike Crapo, U.S. Senator from Idaho
Mike Crapo, U.S. Senator from Idaho. Image: McClatchy Videos

Senator Crapo doesn’t believe (or refuses to admit) that Global Warming is real, or that it’s an unfolding catastrophe caused by the burning of fossil fuels. That’s why he doesn’t mention the impact of climate change. As far as Crapo is concerned, the increasing number of wildfire disasters are due to the cumulative effect over thirty years of improper forest management practices, and that the problems will be solved because now, the Forest Service will have enough money to do a better job. You’ll recall how the Service has already received tips from President Trump on ways to improve their forest management practices.

Will increased funding enable the Forest Service to put a stop to the uncontrollable burning up of the western forests? It can help. It can delay. It can mitigate. But It can’t succeed until the root cause of the problem — the increasing temperature of our planet’s atmosphere — is brought under control.

On June 3, 2017, President Trump announced his intention to pull the United States out of the Paris Climate Accord. A month earlier, 22 Republican Senators jointly sent a letter to the President urging him to dump the deal. Mike Crapo and his fellow Idaho Senator, Jim Risch, were among the signatories. According to The Guardian of June I, 2017, the 22 Senators had collectively received $10.7 million in campaign donations from fossil fuel industries, over the previous three election cycles (2012, 2014, 2016). Mike Crapo’s share was $110,250. Jim Risch received $123,850.

America currently remains a party to the Paris Accord. Three years must elapse before its withdrawal becomes official. Is there any possibility that Idaho will support efforts to reverse President Trump’s decision to withdraw? Considering Idaho’s current standing as a solid red State, and the apparent fealty of its Republican politicians to the fossil fuel industry, that seems unlikely. Every stick of Idaho’s forests will burn before some minds are changed.

There is, however, an indication that light has begun to penetrate Idaho’s Republican darkness.  Brad Little, a Republican, was sworn in as Idaho’s 33rd Governor on January 4th. According to High Country News, the Governor, while addressing the Idaho Environmental Forum on January 16th, told the crowd that “Climate Change is real.” His statement reportedly reduced the crowd to stunned silence. Responding to questions later, he said, “Climate is changing, there’s no question about it. We’ve just gotta figure out how to cope with it and we gotta slow it down. Now, reversing it is going to be a big darn job.” (quote from Idaho Press)

Map of the United States showing location of Idaho
The red State of Idaho. Image: Wikipedia

Climate Change threatens America; the U.S. Military responds; Trump feints

Cartoon. Trump with his finger in the climate dike
THE COMMANDER-IN-CHIEF STICKS HIS FINGER IN THE CLIMATE DIKE

The 2018 Federal Assessment for the U.S., was released on November 23rd. The report highlights likely impacts and risks from the changing climate.
An introductory statement says: “A team of more than 300 experts guided by a 60-member Federal Advisory Committee produced the report, which was extensively reviewed by the public and experts, including federal agencies and a panel of the National Academy of Sciences.” The report concludes that Climate Change threatens the “natural, built and social systems we rely on.” Disruptions expected to accompany Climate Change include: rising temperatures; extreme heat; drought; wildfire on rangelands; heavy downpours; transformed coastal regions; higher costs and lower property values from sea level rise; extreme weather events; changes to air quality; changes to the availability of food and water; and the spread of new diseases.

Here is President Trump’s initial response to the report:

During an interview with the Washington Post on November 27, the President was asked to explain his negative response to the climate report.
This is his verbatim response:

“One of the problems that a lot of people like myself — we have very high levels of intelligence, but we’re not necessarily such believers. You look at our air and our water, and it’s right now at a record clean. But when you look at China and you look at parts of Asia and when you look at South America, and when you look at many other places in this world, including Russia, including — just many other places — the air is incredibly dirty. And when you’re talking about an atmosphere, oceans are very small. And it blows over and it sails over. I mean, we take thousands of tons of garbage off our beaches all the time that comes over from Asia. It just flows right down the Pacific, it flows, and we say where does this come from. And it takes many people to start off with.”

“Number two, if you go back and if you look at articles, they talked about global freezing, they talked about at some point the planets could have freeze to death, then it’s going to die of heat exhaustion. There is movement in the atmosphere. There’s no question. As to whether or not it’s man-made and whether or not the effects that you’re talking about are there, I don’t see it — not nearly like it is.”

Despite Trump’s attempts to bury climate change, and his all-out support for fossil fuels, the U.S. Military is marching to a different tune. According to the Center for Climate & Security, since Trump assumed office in January 2017, eighteen senior officials at the U.S. Defense Department have recommended actions to address the security implications of climate change. These officials include: Secretary of Defense, James Mattis; Vice Chairman of the Joint Chiefs of Staff, General Paul J. Selva; and Secretary of the Navy, Richard Spenser.

James Mattis, a former United States Marine Corps general, has a history of supporting efforts to reduce troop dependence on petroleum. In 2003, he urged the military to develop ways to “Unleash us from the tether of fuel.” At his confirmation hearings in 2017, he said, “Climate Change can be a driver of instability and the Department of Defense must pay attention to potential adverse impacts generated by this phenomenon.” He also said, “I agree that the effects of a changing climate — such as increased maritime access to the Arctic, rising sea levels, desertification, among others — impact our security situation.”

Military War Room
Military War Room

The world is facing an existential threat. It appears the U.S. Military is ready and willing to engage the enemy. But to be truly effective, it needs a Commander-in-Chief willing or able to acknowledge the threat. The sooner it gets one, the better for all of us.