Ethics and Climate

Donald Brown

Equity Remains At The Center of Bonn Climate Change Talks

 

equity and climate change

 

In a recent article in Ethicsandclimate.org, we explained why there is an urgent need of nations to respond to climate change be reducing their greenhouse gas emissions to levels required of them by “equity” to give the world any hope of  limiting warming to tolerable amounts. On the Extraordinary Urgency of Nations Responding To Climate Change on the Basis of Equity

This article was written to explain in simple terms why national responses on the basis of equity are an indispensable ingredient in any global solution to climate change.  This article was also written because the media in the United States and other parts of the world are utterly failing to explain the importance of equity in national responses to climate change. This failure makes it easier for economic interests who perceive that they will be harmed if a nation reduces  its carbon emissions to manipulate the public with such arguments as the United States should not reduce its emissions because China is the largest polluter in the world. Citizens around the world need to understand that all nations have a duty to reduce their emissions to levels required of them by equity regardless of what other nations do to retain any reasonable hope of finding a global solution to climate change.

Since posting this article, nations have met under the United Nations Framework Convention on Climate Change (UNFCCC) in Bonn in early May, 2013 and in the first two weeks of June. In these meetings, equity continued to be a major focus of concern because of increasing scientific awareness of the urgent need of nations to increase their ambition in their greenhouse gas (ghg) emissions reduction commitments to have any hope of preventing dangerous climate change.

Equity was not the only important issue under consideration at the Bonn  new book description for website-1_01meetings. Other significant issues under discussion were loss and damages, REDD (reducing emissions from deforestation and forest degradation), market mechanisms under the UNFCCC, NAMAs (nationally appropriate mitigation actions for developing countries), and technology transfer, and completion of the architecture for the second commitment period under the Kyoto Protocol.

However, perhaps the most important issues in discussion in Bonn were those relating to structuring a new global climate change treaty that the world has agreed to complete by 2015 in Paris under the Ad Hoc Working Group on the Durban Platform referred to by acronym ADP. These discussions focused on finding agreement on pre-2020 ambition national emissions reductions commitments and a framework for post-2020 agreement, carried out in two different work streams.

Parities working under the ADP are working to get a comprehensive deal by the 2015 deadline. The Bonn meeting marked the beginning of that “road to Paris” where 2015 COP-21 that is expected to finalize a new climate change agreement with legal significance that will come into force in 2020 .

equity and ambitionParties at the May Bonn meeting stressed the need for nations to align their commitments on the basis of  equity as required by the UNFCCC.  During the May Bonn meeting some developing countries argued in behalf of a proposal by Brazil that developed countries must take the lead on emissions reductions that took into account historical responsibility.

Other equitable frameworks were also discussed in May including frameworks known as “contraction and convergence,” “greenhouse development rights,” the “Indian Proposal,” and others.

There was also discussion on a new framework that is based upon the idea that all people everywhere should have the same right to use global atmospheric space.

A number of Parties spoke of the urgent need to close the ambition gap, as well as the quantification of the amount of adaptation that will be required in the light of the current scientific assessment of adaptation needs should current commitments not be met.

At the just concluded Bonn meeting in June, there was very little progress made in getting nations to increase their ambition based upon equity or on agreement about what equity requires. Although the June Bonn meeting saw some modest  progress on a few issues including REDD, little progress was made on the substantive content of future national commitments under the new treaty to be negotiated by 2015.  These issues will be taken up again in Warsaw at the next conference of the parties under the UNFCCC in mid-November.

By:

Donald A. Brown

Scholar in Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

 

An Opportunity to Learn About Links Between Global Governance and Environmental Ethics

 

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Those who desire to achieve greater traction for ethical principles in guiding solutions to global sustainability problems including but not limited to climate change need to understand the barriers and opportunities presented by current global governance regimes. Although many, if not most sustainability problems, can be adequately dealt with at the national, regional, or local government level, some sustainability problems can not be solved without global cooperation that is mindful of the strengths and weaknesses of global institutions and the role of international law.

Professionals in law, environmental planning and science, policy makers, researchers and students of international law and governance with respect to sustainability and the natural environment require an understanding of the ethical questions at the center of international environmental and sustainability controversies in order to achieve greater traction for ethical principles in government decision-making.  Also a  comprehension of the strength and weaknesses of global governance systems is essential for those who seek to work on ethically based global solutions to the world challenging global sustainability issues.

Anyone interested in these issues has an opportunity to attend a program on International Law, Global Governance, And The Earth Charter Principles. The Earth Charter Center for Education for Sustainable Development’s program aims to empower participants who attend to become competent leaders for sustainability and help them enhance their knowledge at the intersection of international law, global governance, and the Earth Charter. This course will help deepen understanding of global governance systems, international environmental law instruments, and other legal  options to make global governance more responsive to ethical principles. The program will be held from July 3-7 in Costa Rica and applications are open. Please, find all the relevant information here: http://www.earthcharter.org/lawprogramme

By: 

Donald A. Brown

Scholar In Residence,

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

Responding To the Anti-Agenda 21 Disinformation Campaign: A Rigorous Look At The Campaign’s Untruthful Claims.

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Two new documents are available to help those interested in responding to  the anti-Agenda 21 campaign that has been the subject of the last two papers on Ethicsandclimate.org  that is undermining local and regional land use and sustainable development planning in the United States.

As we have explained in the last two articles, an anti-Agenda 21 campaign has been surprisingly successful in the United States in undermining land-use, transportation, and energy planning at the local and regional level. The Tea Party in the United States appears to have a new focus: they are fighting local and regional government land-use and sustainable development planning on the basis that it is part of a United Nations plot to undermine national sovereignty and impose a Marxist/socialist new world order.

The first article in this series on Ethicsandclimate.org described the rapid success of this phenomenon and critically looked at four claims frequently made by this campaign. The second article continued the critical examination of nine additional claims frequently made by anti-Agenda 21 activists. The second paper also reviewed the anti-Agenda campaign’s claims as a matter of ethics.

Although the claims that have been made by activists in the Anti-Agenda 21 campaign are so looney, absurd, and woefully ignorant of international law that some who have been aware of this recent development in US history have chosen to ignore it on the basis that it could never achieve traction in a modern democracy in the 21rst Century. Yet as we have explained in considerable detail in past articles in this series, the anti-Agenda 21 campaign has been remarkably successful in the last two years in preventing local communities from implementing plans necessary to achieve their democratically derived community aspirations concerning. among other things, protection of air and water quality, reducing traffic congestion, creating bike lanes, improving public transportation, reducing carbon emissions that are contributing to climate change, and land-use and energy planning.

As we have demonstrated in the past two articles, the claims made by the anti-Agenda 21 campaign are directly contradicted by the text of Agenda 21. They are also deeply misleading about what Agenda 21 is, its legal affect on the the United States, and staggeringly inconsistent with international law.

A new paper is now available that combines the previous two entries in Ethicsandclimate.org while expanding on them. This paper is designed to be a rigorous reference for those who want to respond to the claims of the anti-Agenda 21 campaign in detail.

This first paper is:

TheAnti-Agenda21 Disinformation Campaign in the United States: An Ethical Critique of an Attack on Sustainability

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2277882

Also available  is a one page paper that can be used more easily by those interested in responding to this campaign. This one page paper is a summary of the longer paper above. The paper is:

Responses to Claims Made By The Anti-Agenda 21 Campaign

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2279098

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

 

The Anti-Agenda 21 Disinformation Campaign, Part 2

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I. Introduction to Part 2

This article continues the analysis of the anti-Agenda 21 disinformation campaign begun in our last article.  In that article we looked at the four claims about Agenda 21 that appeared in a resolution passed by West Cornwall Township in Pennsylvania which are also very frequently being made by activists in the anti-Agenda 21 campaign across the United States.  We now continue our examination of specific claims made by the anti-Agenda 21 campaign by looking at claims made by John Anthony, a conservative businessman who frequently speaks on Agenda 21 issues around the United States and who has produced a You Tube in which he makes the specific claims considered here.  The claims that Mr. Anthony makes are also often being made by other anti-Agenda 21 activists.  We end with a claim made by the Republican National Platform.

After looking at eight additional claims in this article we examine the ethical issues raised by the anti-Agenda 21 campaign.

The last entry in this series will examine the organizations who are most responsible for the anti-Agenda 21 campaign.

II. Continuing Analysis of Claims of the anti-Agenda 21 Campaign

Claim 5. Agenda 21 attempts to erode the local control found in our communities across the nation and turns home and regional rule over to a global agenda set by  organizations authorized by the United Nations. (West Cornwall Township Resolution)

The fact that this claim is a complete and utter canard can be determined by looking at the actual language of Agenda 21.  Paragraph 3.5 (a) of Agenda 21, for instance,  calls for the empowerment of local and community groups under the principal of delegating authority, accountability, and resources to the most appropriate level to ensure that the program will be geographically and ecologically specific.

In addition paragraph 10.6 (e) of Agenda21,  as we’ve seen above, calls for delegating policy making to the lowest level of public authority consistent with effective action and a locally driven approach.

Absolutely nothing in Agenda 21 calls for the  divestment of local power and the substitution of the United Nations authority expressly provides that

Agenda 21 does acknowledge that some environmental and economic development problems cannot be solved by one community alone because some problems do not fit the boundaries of a single local community’s  jurisdiction. In these cases, governments need to cooperate to have any hope of solving the problem. For instance, upstream communities and nations can degrade the water supply of downstream nations and communities.  Three or more communities may degrade a common water supply. In such cases a regional solution is required to solve the problem and Agenda 21 implicitly calls for regional government cooperation in such cases.  In solving these regional problems, the United Nations is not called upon to play any role in the regional decision making. In these situations, the governments are encouraged, but not required, by Agenda 21 to consider the environmental and economic impacts in an integrated in decision-making.

Some environmental problems are global in scope such as ocean acidification, ozone layer depletion, and climate change. For these problems global cooperation is necessary and the United Nations has often played a convening role in bringing national governments together to solve these problems. However, even for global problems the United Nations has no power nor attempts to dictate the elements of global solutions. The United Nation’s role in global problems has been to call nations together in negotiations to arrive at treaties which have to be ratified by national governments.  In the United States treaty ratification requires a 2/3 vote of the US Senate. In global treaty negotiations, the United Nations plays no negotiating role except to facilitate negotiations among nations and sometimes to act in an administrative role in regard to the implementation of treaties. Yet even when it plays this role it reports to the nations who are parties to the treaties.

Thus Agenda 21 endorses a principle which is known legally as the “subsidarity” principle. The subsidiarity principle is an organizing principle of decentralization, stating that a matter ought to be handled by the smallest, lowest, or least centralized authority capable of addressing that matter effectively.

Not only is there no basis for the claim that Agenda 21 undermines regional control by replacing it with a global control, as we have seen, Agenda 21 by incorporating principle 2 of the Rio declaration acknowledges the sovereign right of nations to exploit their own resources pursuant to their own environmental and development policies.

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Claim 6. Agenda 21 calls for decisions affecting local property to be made in accordance with the Charter of the United Nations rather than local property law. (John Anthony tape)

This claim is simply a lie or reckless disregard for the truth. As we have seen, Agenda 21 calls for decisions to be made at the lowest practical level in accordance with the laws and policies of that level.

Furthermore, the Charter of the United Nations expressly provides in Article 2, Paragraph seven that:

Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state.

Since the planning issues under attack by the anti-Agenda 21 are matters within the jurisdiction of local, regional, state or national governments, the Charter of the United Nations actually prohibits the United Nations from usurping local or regional authority.

Thus, the claim that Agenda 21 calls for local decisions to be determined under the authority of the United Nations Charter is so loony and inconsistent with international law that it has obviously been made by someone who does not understand international law, yet who has been convinced by conspiracy theories that the United Nations is rapidly usurping national sovereignty.

Claim 7. Agenda 21 means that individual rights must take second place to the rights of the collective. (John Anthony tape) 

Not only does Agenda 21 nowhere say that individual rights must take second place to the rights of the collective as we have seen above, Agenda 21 is clear that governments at the appropriate scale should make decisions according to their own laws and policies, expressly reaffirms property rights, calls for judicial processes to protect rights, and is comprised of a set of recommendations for consideration by the appropriate government, not rules that must be adopted.  This claim, along with many others discussed in this series, must be understood as a lie or reckless disregard for the truth.

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Claim 8. Agenda 21 calls for free enterprise to be replaced with public/ private partnership. (John Anthony tape)

Nothing in Agenda 21 remotely comes close to saying that free enterprise should be replaced. As we have seen several times there is an entire chapter of Agenda 21, chapter 30, that calls for the strengthening of free enterprise in decision-making and Agenda 21 actually recommends greater use of market mechanisms.

Many businesses and business organizations have enthusiastically supported the ideas of Agenda 21. For instance the World Council of Sustainable Buisinness is an organization comprised of over 200 international corporations that have actively participated in UN meetings on sustainability. Thousands of businesses around the world have made commitments to sustainable development. As we saw above the United State government consistently met with US business interests before taking positions on sustainability issues at the UN. The claim that Agenda 21 calls for replacement of the private sector is not only inaccurate it is preposterous.

Claim 9. In decision-making at the local level, the job of the facilitator is to guide the local stakeholder groups to accept predetermined objectives consistent with Agenda 21.(John Anthony tape)

This claim apparently is made about multi-stakeholder meetings that are encouraged by Agenda 21 at the appropriate government level.  Multi-stakeholder meetings are usually organized by the government unit that is considering action relating to planning. The local governments usually select which facilitators will run meetings. It is very, very unlikely that facilitators of these meeting know anything about Agenda 21 or looked to it to find rules to apply to local solutions. There is no evidence at all that all or the majority of facilitators that have participated in local declension-making relevant to sustainability issues have forced the stakeholders to come up with recommendations consistent with Agenda 21.

Claim 10. Agenda 21 implementation will mean that people will only be able to live in the black areas in the following maps, living in rural areas will no longer be possible in the United States. (John Anthony tape)

AGENDA-21-BMP-1 where people live

 

This claim is obviously ludicrous and utterly disingenuous. There have been no proposals that have come close to limiting future domestic dwellings to the black spaces on the map nor to prohibiting people from locating their homes in rural areas. In the United States, land use decisions are made by state and local governments in accordance with state and local law. The United Nations has zero authority over the decisions of State and local governments on these issues. Agenda 21 makes no recommendations to prohibit living in rural communities.

From time to time in the past state and local governments have made land use decisions that restrict land uses to protect wild life and natural resources but they have not done this in response to Agenda 21. Some governments may also choose to restrict certain land uses for ecological preservation reasons in the future. Property owners of lands that might be identified to  be preserved for ecological reasons have strong property rights in the United States that prevent the government from taking their property without just compensation and due process of law. Agenda 21 not only does not undermine the rights of property owners, it reaffirms them as we have seen.

Claim 11. Agenda 21 requires that the same solutions be applied the same everywhere in the world. (John Anthony tape)

Once again, this claim is directly contradicted by the text of Agenda 21. Paragraph 8.2 of Agenda 21 says in relevant part:

National plans, goals and objectives, national rules, regulations and law, and the specific situations in which different countries are placed are the overall framework in which integration takes place. In this context, it must be borne in mind that environmental standards may pose severe economic and social costs if they are uniformly applied in developing countries.

As we have also explained above , Agenda 21 expressly recognizes the sovereignty and right of nations to exploit their own resources according to their own needs. Agenda 21 is simply a menu of options for consideration, not a set of rules to be applied.

Claim 12. Agenda 21 Erodes National Sovereignty. (Republican National Platform)

Agenda 21 not only does not erode American sovereignty in any way, as we have seen throughout this analysis it reaffirms national sovereignty.

First, we have seen from the quote above that Section 8.2 expressly provides that the law of nations is the basis for integrating environmental and economic issues in implementing Agenda 21.

Second, we have seen that Agenda 21 is simply a menu of options not a set of rules to be applied in nations.

Third, we have seen that the Charter of the United Nations says that the Charter does not give the United Nations the authority to interfere with matters rightly within the jurisdictions of nations.

Fourth, we saw that paragraph 10.6 (e) of Agenda 21 calls for delegating policy making to the lowest level of public authority consistent with effective action and a locally driven approach.

Fifth, we have seen that Agenda 21 expressly incorporates Principle two of the Rio Declaration which says that “Nations have in accordance with the Charter of the United Nations and the principles of international law the sovereign right to exploit their own resources pursuant to their own environmental and development policies.” (Rio Declaration, Principle 2)

Sixth, it is a well establish principle of international law that nations are not bound by international agreements unless they are treaties that have been ratifies or adopted according to national law.  In the United States, the US Senate must ratify a treaty by 2/3 vote of the United States Senate. The United States never ratified Agenda 21 nor even considered so doing because it was universally understood to be a non-binding document from its conception.

In summary, the United States retains full, undiluted sovereignty over matters discussed in Agenda 21.  Nothing in Agenda 21 remotely undermines the sovereignty of the United States.

 

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III. Ethical Analysis of Anti-Agenda 21

We now look at the anti-Agenda 21 campaign phenomenon through an ethical lens.  We  end this ethical analysis with a reflection on the ethics of sustainable development.

1. Tactics of anti-Agenda 21 Campaign

We have seen in this series of articles that the assumptions and claims of the anti-Agenda 21 campaign are very frequently based upon either lies or reckless disregard for the truth. Over and over again, claims of this campaign are made about the meaning or effect of Agenda 21 which are directly contradicted by the text of this document or are based upon a completely delusional understanding of the potential power of the United Nations over local or regional governments in the United States as a legal matter.

As we noted at the beginning of this series, citizens have clear rights to protect their interests by participating in and attempting to influence local and regional planning efforts. There is no doubt, some land-use decisions have occasionally    infringed upon property rights. In these cases existing US law provides legal protection for redress. Nothing in Agenda 21 can be construed to change this.

However those seeking to influence government processes have no rights to tell utter untruths about issues in contention. For this reason, the tactics of the anti-Agenda 21 campaign are ethically problematic particularly in light of the magnitude and scope of the misinformation the anti-Agenda 21 campaign has been inserting into discussions about local planning issues.

The tactics of the anti-Agenda 21 campaign include not only include large doses of misinformation about Agenda 21, they also appear to be designed to scare uninformed citizens that their rights are being taken over by the United Nations which is in the process of undermining national sovereignty in pursuit of imposing a Marxist/socialist one world government.

And so, the tactics of the anti-Agenda 21 campaign include the spreading a huge number of false claims that are being used to scare uninformed citizens. These tactics are clearly morally reprehensible.

2. The Ethics of Sustainability

As we explained, Agenda 21 is a document that encourages but does not require governments around the world to pursue integrated decision-making about environmental, economic, and social issues at the global, national, regional, and local scales. The idea is premised on the notion that if economic, environmental, or social policies are pursued by themselves they may prevent the achievement of legitimate environmental, economic, and social goals that may be achieved in integrated decision-making.

The idea of sustainable development does not give strong guidance on how to reconcile conflicts between environmental and economic goals.  As we noted in the first part of this series, the definition that is usually used to define the term is notoriously vague. Namely, sustainable development is development which meets the needs of present generations without  compromising the ability of future generations to meet their own needs. This definition could be understood to allow destruction of all natural resources if technology finds substitutes, makes human needs the measure of value for natural resources, fails to recognize duties to sentient animals, makes no distinctions on what human needs are, etc. As a result, many environmental ethicists have criticized the term the idea of sustainable development for its failure to be clearer about the value of nature and animals.

Similarly many environmental activists have criticized the concept of sustainable development on the basis that its implicit valorization of development will lead to environmental destruction.   

Yet it can be argued, that the idea of sustainable development is worthwhile pursuing practically and ethically despite its ethical vagueness because it calls for decisions relating to economic development to take into consideration potential adverse environmental impacts. It also encourages governments considering environmental protection policies to consider unwanted impacts on legitimate economic development objectives.  Because environmental and economic goals can have ethical significance, sustainable development is ethically supportable despite the lack of clarity about how to resolve conflicts between environmental and economic goals. For this reason, sustainable development is what philosophers call an “orienting” concept. It helps orient decision-making to consider the right thing to do, even if it is ethically incomplete in giving guidance on how to resolve environmental protection and economic development conflicts. Many other “orienting” concepts which contain no ethical rule but are helpful are frequently used in public life.  For instance, the very word “justice” is such an orienting concept.

The word “justice” in the abstract does not tell one what should be done when distributing societal benefits but it is useful in orienting thinking about what is a fair distribution of societal goods in human affairs 0r when procedures should be created to provide rights of participation in decisions for those who could be affected by government decisions.  For the same reason, a call for integrated decision-making is ethically positive even if it does not resolve all conflicts about environmental and economic issues.

This is so because many governments have pursued economic development objectives or environment protection goals without consideration of how policies in each of these areas might affect the legitimate aspirations of the other policy goals.  For instance, very frequently economic development projects that affected water quality have been approved before the project’s impacts on water quality were considered. Because people have a right to not have the water on which they depend degraded by others, it is ethically required that adverse impacts on water quality be considered in economic policy decisions that could affect water quality. There are also many examples particularly in developing countries where projects which proposed to restrict the use of natural resources have been approved without consideration of the adverse impacts that would follow by restricting natural resource on local indigenous people who depended on the resources for subsistence.  Ethics requires that environmental decisions consider how people’s subsistence needs may be affected by environmental policies.

And so the idea of sustainable development is ethically supportable despite its lack of clarity about how to resolve conflicts between environmental and economic goals. In cases of conflict between environmental and economic goals, governments need to look to other ethical principles contained in law or ethical theory to resolve conflicts. And so, sustainable development is an ethically supportable goal despite the fact that its it gives incomplete ethical guidance on how to resolve conflicts between environmental, economic, and other policy goals.

It would appear that the anti-Agenda 21 disinformation campaign is always  opposed to the idea of sustainable development that encourages integrated decision-making on environmental, economic, and social policies.

Such a position is itself ethically problematic precisely because people and governments have ethical duties to avoid certain kinds of adverse environmental, economic, and social impacts on others.

Therefore, we conclude that the anti-Agenda 21 campaign can be criticized on ethical grounds for many reasons including the fact that it appears to be opposed to integrated decision-making on projects that can have adverse environmental, economic, and social impacts.

IV. Conclusion

We have demonstrated that the claims of the anti-Agenda 21 campaign are built upon misleading and inaccurate claims about Agenda 21. We have also shown that the tactics of this campaign are ethically problematic.

The last entry in this series will look at the organizations that have been propagating the claims that we have examined in this series.

By:

Donald A. Brown

Scholar In Residence,

Sustainability Ethics and Law

Widener University School of Law

 

 

The Agenda 21 Disinformation Campaign in the United States: An Ethical Critique of an Attack on Sustainability

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I. Introduction

This the first in a series of five articles that will examine a disinformation campaign about the United Nations program on environment and development, Agenda 21. As we will see, this campaign has been surprisingly successful in the United States in undermining land use, transportation, and energy planning, and environmental regulation at the local and regional government levels.

Citizens may have many legitimate reasons to oppose elements of land use plans about which they have a right to contest. In fact, their involvement in local government decision-making may constitute an exercise of citizen virtue. Citizens may also need to participate in land use decision-making to protect rights of various types, including but not limited to, property rights. Yet, claims being made by the anti-Agenda 21 campaign are so demonstratively false, misleading, and deceitful that they fail to pass ethical scrutiny.

As we shall see, many of the claims being made by the anti-Agenda 21 campaign are not only without confirming evidence, they are directly contradicted by the text of Agenda 21 itself, woefully ignorant of the limited role of the United Nations in the world, and deeply misleading about what Agenda 21 is and its effect of on the United States.

The misleading claims of the anti-Agenda 21 campaign also have had consequences.  As we shall see, the anti-Agenda 21 campaign has been successful in preventing citizens at the local and regional level the United States from organizing their communities to protect open spaces, reduce traffic congestion, provide public transportation, protect water and air quality, construct bike lanes, and achieve other community benefits that can only be achieved by responsible land-use planning. The anti-Agenda 21 campaign has accomplished this by making preposterous claims including that local land-use planning is part of a plot to put United Nations in control of local and regional decision-making, rob individuals of their freedoms, and undermine property rights. As we shall see in the last entry in this series, the anti-Agenda 21 campaign that is making these claims has been funded, at least in part, by economic interests that profit from the absence of responsible land use planning and environmental regulation.

conspiracy2The assertions made by the anti-Agenda 21 campaign or not only false, they are so deeply inconsistent with the explicit language of Agenda 21 that they can only be understood as the paranoid constructions of somebody that has subscribed to conspiracy theories about the United Nations.  Because the text of Agenda 21 so dramatically contradicts the claims of the anti-Agenda 21 campaign, it would appear someone who believed that  the United Nations is an institution dedicated to undermining national sovereignty and the destruction of individual freedom around the world selectively looked for language in Agenda 21 that confirmed this conspiracy theory. They then quoted the confirming language and ignored the rest of the text of Agenda 21 that dramatically contradicts the conspiratorial conclusions, drew conclusions from the selected language without any confirming evidence, and made claims about the United Nations that are breathtakingly ignorant of the UN’s limited legal authority including its utter lack of power over national, regional, or local governments. (Only the UN Security Council has authority over governments but that authority is subject to the veto power of its permanent members, one of which is the United States, along with China, France, Great Britain, and Russia.)

As we shall see, one of the organizations connected to the anti-Agenda 21 campaign has been the John Birch Society whose website proclaims:

The global power elites view the UN as their main vehicle for establishing, step by step, a socialistic global government controlled by themselves. Now, more than ever, we need to get out of the UN and remove the UN from the United States. (John Birch Society)

And so it appears that the anti-Agenda 21 campaign has been fed by organizations who believe that the United Nations is taking over the world,  organizations that claimed in the past that the civil rights movement was a communist plot.

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The conclusions of the anti-Agenda 21 campaign are so obviously inconsistent with the facts about Agenda 21 that many who are familiar with Agenda 21 have ignored this phenomenon on the basis that is so loony, delusional, or wacky that it could not gain traction in any 21st-century democracy. Yet as we will see, the anti-Agenda 21 campaign has had growing success in thwarting the implementation of local communities preferred visions of the future that have been derived cooperatively in mufti-stakeholder and citizen discussions. agend 21 pin

In a recent article in EthicsandClimate.org Professor John Dernbach concluded that “a well organized campaign against Agenda 21, spread by the Tea Party, Glenn Beck, and the John Birch Society, exists” (See, Agenda 21: A Guide for the Perplexed) In this article Professor Dernbach explains : (a) how this campaign is becoming affective in the United States and is threatening to undermine US sustainability programs, the real target of this campaign; (b) what Agenda 21 is and is not, and (c) why many of the claims made by the the anti-Agenda 21 campaign are demonstratively false.

This article will critically examine four of the claims of the campaign and deduce from the campaign the tactics employed by the campaign. The next article in this series will  critically examine five other claims of the campaign deduce from the claims the tactics campaign. In the last entry, this series will examine the tactics of the campaign through an ethical lens after looking at the organizations and funding behind the campaign. Claims examined in this series include:

Claim 1. Agenda 21 is a United Nations Program that implements extreme environmentalism, social engineering, and global political control.

Claim 2 . The United Nations has covertly pushed Agenda 21 into local communities throughout United States of America through the international Council of Local Environmental Initiatives and through policies such as ” Smart Growth,”  “Wildlands Projects”, “Resilient Cities”,  “Regional Visioning Projects” and others with similar obscure names.

Claim 3. Agenda 21 and sustainable development views the American way of life of private property ownership, single-family homes, private automobile ownership, individual travel choices, privately owned farms, and human existence as all being destructive of the environment.

Claim 4. Under Agenda 21, social justice is described as the right and opportunity of the people around the world to benefit equally from the resources afforded us by society and the environment which would be accomplished by socialist/communist global redistribution of property and wealth. 

Claims examined in the second part of this series include:

Claim 5. Agenda 21 attempts to erode the local control found in our communities across the nation and turns home and regional rule over to a global agenda set by a body organization authorized by the United Nations.

Claim 6. Agenda 21 calls for decisions affecting local property to be made in accordance with the Charter of the United Nations rather than local property law.

Claim 7. Agenda 21 means that individual rights must take second place to the rights of the collective.

Claim 8. Agenda 21 calls for free enterprise to be replaced with public/ private partnership.

Claim 9. In decision-making at the local level, the job of the facilitator is to guide the local stakeholder groups to accept predetermined objectives consistent with Agenda 21.

Claim 10. Agenda 21 implementation will mean that people will only be able to live in the certain limited areas of the United States marked on a specific map, living in rural areas will no longer be possible in the United States.

Claim 11. Agenda 21 requires that the same solutions to be applied the same everywhere in the world.

Claim 12. Agenda 21 erodes American Sovereignty.

II. The Success of the Anti-21 Campaign

The anti-Agenda 21 campaign has rapidly grown in influence in local and regional government planning decision-making in the United States in the last few years.  Anti-Agenda 21 activists making arguments propagated by a few extreme right wing organizations have appeared in greater numbers at land use planning meetings of local and regional governments around the United States claiming that land use planning and sustainable development policies are manifestations of a covert United Nations plot to undermine national sovereignty, destroy property rights, implement a radical environmentalism, and destroy individual freedom.  Despite the obvious delusional character of many of the campaign’s claims, this  phenomenon has been remarkably successful in the last few years in defeating local land-use planning proposals around the United States, in passing anti-sustainability laws in several US states, and, as we shall see, convincing the Republican party to accept its paranoid assumptions.

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According to the Tampa Bay Times, the anti-Agenda 21 campaign was successful in getting the Republican National Committee to approve a resolution calling for a formal stance against Agenda 21 in the 2012 GOP platform and denouncing the U.N. accord as “a comprehensive plan of extreme environmentalism, social engineering, and global political control” that is being “covertly pushed into local communities.” (Jamison, 2012)

The Republican Party platform in 2012 stated that “We strongly reject the U.N. Agenda 21 as erosive of American sovereignty.”

And so if there is any question about the power of this campaign, it is remarkable that one of the two major American political parties has uncritically adopted the claims of the anti-Agenda 21 campaign despite the fact that, as we shall see, the edifice of this campaign has been constructed of delusional, inaccurate, and demonstratively falsifiable ideas about Agenda 21.

In addition, several state and local governments have considered or passed motions and legislation opposing Agenda 21. The New York Times recently reported:

Across the country, activists with ties to the Tea Party are railing against all sorts of local and state efforts to control sprawl and conserve energy. They brand government action for things like expanding public transportation routes and preserving open space as part of a United Nations led conspiracy to deny property rights and herd citizens toward cities.

They are showing up at planning meetings to denounce bike lanes on public streets and smart meters on home appliances — efforts they equate to a big-government blueprint against individual rights.

In Maine, the Tea Party-backed Republican governor canceled a project to ease congestion along the Route 1 corridor after protesters complained it was part of the United Nations plot. Similar opposition helped doom a high-speed train line in Florida. And more than a dozen cities, towns and counties, under new pressure, have cut off financing for a program that offers expertise on how to measure and cut carbon emissions.

Alabama became the first state to prohibit government participation in Agenda 21. The Alabama law bars the state or any of its subdivisions from adopting or implementing policy actions that “deliberately or inadvertently infringe or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to Agenda 21, adopted by the United Nations.”

 Although the Alabama law is pretty vague in that it bars action without “due process of law,” as one observer notes, no doubt every proposal for smart growth, high density housing, heritage preservation, wetlands or forest protection, shoreline preservation, or environmental protection will now be bogged down in Alabama. (Alter, 2012)

A bill passed both houses of the Missouri legislature recently and as of this writing was awaiting the Governor’s signature. The Missouri Bill provides:

Neither the state of Missouri nor any political subdivision shall adopt or implement policy recommendations that deliberately or inadvertently infringe or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to Agenda 21, adopted by the United Nations in 1992 at its Conference on Environment and Development.

 A bill has been introduced in Kansas that provides:

No public funds may be used, either directly or indirectly, to promote, support, mandate, require, order, incentivize, advocate, plan for, participate in or implement sustainable development. (Huffington Post)

This bill has potential remarkable future consequences, since every kind of land use plan, environmental regulation, or transportation plan could be understood to be “sustainable development.”

According to the Southern Poverty Law Center, Agenda 21 has become:

“a touchstone of a larger theme that equates environmentalism with totalitarianism and the loss of individual freedom. For a growing cast of far-right hardliners, Agenda 21 is a sort of Trojan horse, a totalitarian scheme with a green environmental mask, lying in wait to destroy America as we know it.’

In many places throughout the United States, the anti-Agenda 21 has been successful in thwarting local and regional land use planning. For instance, in February, 2013 the West Cornwall Township, Pennsylvania  supervisors passed a resolution opposing Cornwall-Lebanon Regional Comprehensive Plan, a joint effort of the townships of North Lebanon, South Lebanon, North Cornwall and West Cornwall as well as Cornwall Borough. (Lebanon Daily News)

The West Cornwall Township resolution is attached a Appendix A.

In December of 2012, North Londonderry Township withdrew from its regional comprehensive plan that it had created with partners South Londonderry Township and Palmyra Borough.

And so, Agenda 21 is being used by activists in the United States as the basis for opposing land use and economic development planning, environmental regulation, and transportation planning. Tea Party activists have recently changed their political focus from the federal government to a new perhaps more insidious target: local planning and zoning commissions, which activists claim are carrying out a global conspiracy to trample American liberties and force citizens into Orwellian high-density living zones.  Anti-Agenda 21 activists see Agenda 21 behind everything from a septic tank inspection law in Florida, a plan in Maine to reduce traffic on Route 1, and the creation of the bike sharing programs in Colorado and as a covert attempt to create United Nations dominated communities.

The activists frequently make the absurd claim that any land use plan that includes some environmental protection elements is a step in a stealth UN Agenda 21 plot even though most engaged in planning at the local level have never heard of Agenda 21, environmental goals have been included in land use planning long before Agenda 21 was created, and most citizens desire to protect local air, water, and natural resources, reduce traffic congestion, provide public transportation, and protect wetlands and fisheries to maintain the quality of life without any regard to what Agenda 21 says. The anti-Agenda 21 campaign argues that all of these local planning derived outcomes should be opposed because they are the manifestation of a UN plot.

We now look at specific claims made by the Anti-Agenda 21 campaign, evaluate them to determine their veracity, and identify the tactics of the Anti-Agenda 21 campaign that can be deduced from these claims.

III. Specific Claims

Claim 1. Agenda 21 is a United Nations Program that Implements Extreme Environmentalism, Social Engineering, and Global Political Control. (West Cornwall Township Resolution)

Agenda 21 is a non-binding, voluntarily action plan agreed to by the international community in 1992 to implement the concept of sustainable development. Although the term sustainable development has no precise definition, those who attempt to define it often quote the definition from the 1987 Brundtland Commission which said that sustainable development is “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs.”

Many observers have commented on the fact that this is a notoriously vague definition that gives no clear guidance on how to resolve conflicts between economic development and environmental protection goals.

Agenda 21 is comprised of 40 chapters that are divided into the following sections:

1. Program of Action for Sustainable Development

2. Social and Economic Dimensions

3. Conservation And Management of Resources For Development

4. Strengthening the Role of Major Groups, and.

5. Means of Implementation

Chapters relating to environmental protection are in section 3 and include separate chapters on the atmosphere, land use planning and land resources, deforestation, fragile ecosystems, sustainable agriculture and rural development, biological diversity, biotehnology, oceans and seas, freshwater, toxic chemicals, hazardous wastes, solid wastes and sewage, and radioactive wastes.

The contents of these chapters were for the most part developed by examining best practices on these issues that existed around the world in the early1990s. In fact, many of the policies in these chapters were based on existing law and policies in the United States. The chapter on the atmosphere is an exception to this because it called for control of atmospheric greenhouse gases to prevent climate change and the United States did not have laws and regulations on greenhouse gas emission when Agenda 21 was agreed to in 1992. However, the call for control of greenhouse gas  emissions in Agenda 21 is much less precise than the obligations to adopt policies and practices to prevent the threat of climate change that the George H.W. Bush administration had agreed to when it negotiated and Congress ratified the United Nations Framework Convention on Climate Change in 1992. And so Agenda 21 added nothing to US obligations on climate change.

The environmental policies listed in the above chapters were understood to constitute simply a menu of options to be considered by nations, not binding directives. In this regard William Reilly, US EPA administrator during the George H. W. Bush administration, said during the 1992 Rio conference which adopted Agenda 21 that:

Agenda 21 is not a binding agreement, it is an action plan. It is  more a menu of options than a directive. No country could simultaneously undertake all the programs set out in the document. Each country must set its own priorities among the many issues addressed in Agenda 21. (Reilly, 1992)

Because the environmental provisions of Agenda 21 contained in the above chapters were for the most part based on existing US law as of 1992 or promises that the United States had agreed to under ratified international treaties, it is absurd to conclude that Agenda 21 calls for the implementation of extreme environmentalism. Moreover these chapters are mere recommendations for consideration by governments around the world, not rules that governments must accept. The provisions in these chapters are neither binding on governments, nor has there ever been a review by the United Nations of US law to see if it is consistent with Agenda 21. Even more tellingly Agenda 21 expressly incorporates the Rio Declaration which says in relevant part:

Nations have in accordance with the Charter of the United Nations and the principles of international law the sovereign right to exploit their own resources pursuant to their own environmental and development policies. (Rio Declaration, Principle 2)

And so rather than undermining national sovereignty, Agenda 21 reaffirms it and acknowledges that nations should develop their own policies based upon their own interests to resolve potential conflicts between environmental protection and economic development goals.

keep out un

Agenda 21 is not binding on the United States in three ways. First, it is not a treaty, the only kind of legal document that can bind nations. Unlike a treaty, the United States has never attempted to ratify it because it was always understood to be a non-binding set of recommendations that nations should consider or reject according to their own visions of appropriate environmental protection and economic development needs.  Second, Agenda 21 was never intended to obligate nations to implement its recommendations comprehensively. Its contents were understood to be only a menu of options for consideration by governments, a fact that is clear from a reading of the entirety if the text. Third, Agenda 21 never created an enforcement mechanism or any process for the UN to review national laws and policies to compare what has been done at the national level in response to Agenda 21.

At yearly meetings on the Commission of Sustainable Development (CSD) at the United Nations, an organization created by Agenda 21, nations self-reported on what they were doing in regard to the general subject of specific Agenda 21 chapters, not on the specific provisions of Agenda 21. And so the United States usually reported on what already doing under US law on matters that were relevant to the subject matter of Agenda 21s chapters.  That is, the United States reported on programs and policies that the United States had independently without regard to Agenda 21 obligations.

From 1995 through 1998, I held the position of Program Manager for United Nations Organizations at the US EPA Office of International Environmental Policy. In this position I had the lead staff responsibility for the US EPA to compile reports on programs managed by EPA that were submitted to the UN CSD.  In my tenure,  no programs or policies were reported on that had been enacted by the United States to comply with Agenda 21. In fact, during my tenure at EPA there was no one in the US government that had any responsibility to review US law and policy in regard to the specific provisions of Agenda 21 to determine how US law or policy needed to be upgraded to conform to Agenda 21.

The US simply never took Agenda 21 seriously, a fact that was a disappointment to many environmental NGOs that attended meetings of the UN  CSD. After the adoption of Agenda 21 in 1992, the European Union frequently tried to strengthen Agenda 21′s vague language by amending several chapters to include numerical targets and timetables. The US always fought these proposals and succeeded in preventing Agenda 21 from including quantitative goals. (Even if quantitative goals had been injected into Agenda 21, they would still not be binding on the United States.)

The United States understood that it had no binding obligations under Agenda 21 to develop any new programs and that the body of US law was for the most part equal to or more demanding than recommendations in the Agenda 21′s environmental chapters. The Clinton administration, as the Bush administration before it, saw Agenda 21 as only a menu of best practices, not a list of obligations. The chief value of Agenda 21 for the Clinton administration was that it provided guidance for developing countries on how to upgrade clearly inadequate laws and policies relating to environmental protection and economic development controversies. In fact many mainstream US environmental NGOs were uninterested in Agenda 21 because they saw it as document mostly of importance to developing countries. As a result the large US environmental groups did not even participate in most discussions about Agenda 21 at the UN CSD, they believed that they had more important environmental issues to work on.  Of course, some US environmental NGOs were greatly disappointed that the Clinton administration took no interest in upgrading US law and policy on the subject matter of Agenda 21 chapters. To do this the US government would need to work with Congress, and the Clinton administration had no appetite for this. The Clinton administration was engaged attempting to upgrade US law and policy on climate change but they never saw Agenda 21 relevant to this effort. As we have seen, the first Bush administration had agreed to and had ratified the United Nations Framework Convention on Climate Change under which international negotiations on climate change would proceed.

Since most of the environmental provisions in Agenda 21 were based upon preexisting United States law and policy, the United States consistently reported to the United Nations on matters under existing US law that preceded Agenda 21.

Opponents  of land-use planning in the United States that are connected to the anti-Agenda 21 campaign frequently claim that because United States law and policy now contain provisions similar to provisions in Agenda 21,  this proves the claim that the United States has been implementing Agenda 21. Such an argument completely ignores the fact that the United States and other developed countries have been adopting environmental law and regulations since the late 1960s, decades before Agenda 21 existed and the fact that the US has adopted environmental law is absolutely no evidence of the influence of Agenda 21 .

There is absolutely no factual basis for the claim that United States environmental policy was created in response to provisions of Agenda 21 and such a claim is demonstratively false.

lack of evidence

The claim that nations have a duty to comply with the provisions of Agenda 21 is flatly contradicted by the language of  the 1992 Rio Declaration which is expressly incorporated into Agenda 21 and which says:

States shall enact effective environmental legislation. Environmental standards, management objectives, and priorities should reflect the environmental and development context to which they apply. Standards applied by some countries may be inappropriate and of unwarranted economic cost to other countries, particularly in developing countries. (Rio Declaration, Principle 11)

And so, so all nations understood that they were not bound to change their laws in accordance with the provisions of Agenda 21.

What was arguably new about Agenda 21 for most governments was the call that environmental and economic development decision-making be integrated. Agenda 21 was premised on the notion that some economic development policies that fail to take into consideration impacts on the environment will harm legitimate environmental protection objectives and environmental policies that fail to consider legitimate economic development needs will frustrate the attainment of legitimate economic aspirations.  It is simply not true that Agenda 21 calls for environmental considerations to take precedence over economic development needs. In fact, a large motivating factor for the adoption of Agenda 21 was the fear of developing countries whose most important priority was getting their people out of grinding poverty that environmental laws of most interest to rich developed nations would limit their ability to proceed with economic development. Because Agenda 21 valued economic development on the same plane as environmental protection, many developing nations saw Agenda 21 as protecting their right to pursue economic development. Conversely in the United States, many environmental activists were suspicious of Agenda 21 for putting economic development on the same level as environmental protection.  They were afraid that Agenda 21 put too much value in economic development.

Yet Agenda 21 does encourage decision-makers at all governmental scales to consider at the same time environmental protection and economic development needs in decision-making. Because integrated decision-making allows nations to pursue both economic development aspirations and environmental protection goals, it is a way of preventing governments from unknowingly undermining these goals by focusing on only one of them.  Most policy makers agree this is a good thing. If, for instance, a project is proposed to limit the use of forest resources, governments should take into consideration the legitimate economic needs of those who rely upon the forest resources for subsistence.  Also, of course, economic development projects could adversely affect legitimate environmental protection goals. Therefore economic development projects should consider environmental protection impacts. And so, sustainable development is understood to be a call for the integration of environmental, economic, and social considerations into government decision making. It is simply untruthful to claim the Agenda 21 elevates environmental protection goals over economic development needs.

The following diagram captures the idea well:

 

sustain 2

 

Where the scope of proposed environmental, economic, or social policies conflict with legitimate environmental, economic, or social goals, the concept of sustainable development encourages decision-makers to identify these potential conflicts and work democratically with citizen groups to find solutions that achieve environmental, economic and social goals to the maximum extent possible. As this chart depicts, only when there is a potential conflict among environmental, economic, or social goals is integrated decision-making necessary. And so for the vast number of economic policies, integrated decision-making has no effect. As we shall see when we examine ethical issues raised by these matters, this idea of integrated decision-making provides no clear guidance about how to resolve conflicts among environmental, economic, and social goals. Under Agenda 21, this is left to governments to resolve working ideally with multi-stakeholder groups democratically.

The claim that Agenda 21 is a call for international control of local government decision-making is directly contradicted by the text of Agenda 21.  Section 10.6 (e) of Agenda 21 expressly calls for policy making to be accomplished at the lowest level of public authority consistent with the effective action and a locally driven approach. In addition, many other provisions of Agenda 21 specifically call for governments to make decisions at the appropriate level. (see, for example,  Agenda 21 section 10.6).  And so, rather than Agenda 21 establishing a “top-down”United Nations driven set of rules for imposition of radical environmental policies on nations and local governments, Agenda 21 is actually a call for a “bottom-up” stakeholder driven process that integrates environmental and  economic development concerns into decision-making which should take place at the lowest possible scale consistent with the scale of the problem.  Most environmental problems can be solved at the local level, others require cooperation at the regional or global level. For instance, wetlands protection can usually be dealt with at the local level, protection of water basins require cooperation among all communities sharing the basin, and problems like protection of the ozone layer, acidification of oceans, and climate change require cooperation at the global scale. Agenda 21 calls for solutions at the lowest level consistent with the scale of the problem.

Rather than being opposed to economic development, Agenda 21 actually calls for the strengthening the business sector’s participation in integrated environmental and economic development decisions. In fact there is an entire chapter in Agenda 21, chapter 30, which calls for the strengthening of the business sectors participation in decision-making.

In light of the above, assertions that Agenda 21 implements Marxist/socialist theories that would abolish private ownership of property is both absurd and flatly contradicted throughout the text of Agenda 21. In fact, Agenda 21 also expressly calls for greater use of “more effective and widespread use of economic and market-oriented tools.” (Agenda 21, Sec. 8.30)

Thus it is simply either a lie or reckless disregard for the truth to claim that Agenda 21 entails a “top-down” Marxist plan to abolish private sector involvement in the economy. In fact, in many places, as we have seen Agenda 21 recognizes the crucial importance  of the private sector in economic development. Furthermore business organizations were regularly consulted by the United States when it responded to Agenda 21 issues and the American business community consistently agreed with positions taken by the United States on Agenda 21 issues, at least in this writer’s experience. In fact the US government often agreed with positions of the US businesses on matters about which environmental NGOs disagreed.  One example was when US environmental NGOs and European countries proposed that  a code of conduct  for international corporations be adopted by the UN CSD. This idea was strongly opposed by American corporations and the US government on the Clinton Administration successfully prevented the UN from pursuing this idea.  his greatly disappointed US environment NGOs. Similarly in 1997 the US government supported the views of the US business community while refusing to support the positions of  environmental NGOs and European countries when  the European Union proposed that the UN CSD adopt targets to reduce unsustainable consumption by specific percentages. The United States strongly opposed this idea at the urging of the US business community and successfully prevented this idea from going forward in the UN despite strong pleas to the US government from the US NGO community to agree to consumption targets.

The anti-Agenda 21 campaign continues to make the false claim that because President Clinton established the Presidents Council On Sustainable Development (PCSD), an organization which met from June of 1993 to June of 1999, the United States has implemented Agenda 21 throughout the United States.  (For an in depth review of the purpose, accomplishments, and failures of the PCSD, see Dernbach, Learning from the President;s Council on Sustainable Development: The Need for Real National Strategy) The PCSD was created by Executive Order of President Clinton to give advice to the US government about how to move toward sustainability.

The membership of the PCSD was made up of roughly equal numbers of individuals from industry, government, and NGOs and was chaired by Ray Anderson, Chairman and CEO of Interface, Inc., a carpet manufacturer, and Jonathan Lash, President of the World Resources Institute. Included among the PCSD members of were Enron, BP Oil, Dow Chemical, and General Motors.

From 1993 to 1999, the PCSD delivered three reports to President Clinton. These reports included a broad array of policy recommendations intended to promote US domestic sustainability. Although the PCSD produced guidance on steps for achieving sustainable development at both domestic and international levels, the Clinton administration chose not to move to implement the PCSD’s recommendations. (McFarlane, Development Policy in the First Two Years of the Bush Administration)

Included in PCSD’s  recommendations was a visions statement which included the following goal:

To achieve our vision of sustainable development, some things
must grow—jobs, productivity, wages, capital and savings,
profits, information, knowledge, and education—and others—
pollution, waste, and poverty—must not.

This is hardly the vision of a radical socialist agenda. In addition, the PCSD’s  recommendations are replete with many express acknowledgements of respect for the power the market and private decision-making. It is simply not a reasonable interpretation of the work of the PCSD to conclude that it recommended the transformation of American society to a socialist future. Furthermore the PCSD was established as an advisory committee. It did not have any statutory authority of its own, nor was it located within an agency that had any statutory authority. If the US government choose to ignore its recommendations, nothing would come of them. In fact, that is what happened to the PCSD.

The last major event in the PCSD’s life was a national town meeting in Detroit in May of 1999. After the Detroit meeting, the PCSD shut down and as we have noted the Clinton administration took no steps to implement the PCSD’s recommendations. The George W. Bush administration completely ignored the recommendations of the PCSD.

And so nothing meaningful came out of the PCSD. Therefore, there is simply no basis for concluding that the PCSD led to the implementation of a radical environmental agenda in the United States. The claim that the PCSD’s work is evidence of the continuing UN’s covert implementation of Agenda 21 is not just misleading and false, it is a staggering example of reckless disregard for the truth given the unwillingness of both the Clinton and George W. Bush administration to take any steps to implement the PCSD recommendations.  The evidence proffered by the anti-Agenda 21 campaign in support of the fact that the PCSDs recommendations have been implemented is the existence of environmental law and regulation at the federal, state and local level throughout United States. However there is no evidence that existing US law and regulation on environmental matters  had anything to do either with Agenda 21 or the work of the PCSD.

Claim 2 . The United Nations has covertly pushed Agenda 21 into local communities throughout United States of America through the international Council of Local Environmental Initiatives and through policies such as ” Smart Growth,”  “Wildlands Projects”, “Resilient Cities”,  “Regional Visioning Projects” and others with similar obscure names. (West Cornwall Township Resolution)

The anti-Agenda 21 campaign frequently claims that Agenda 21 is being covertly implemented through organizations that have been created to implement Agenda 21 while disguising their intentions by changing their names to organizations with the names such as the  “International Council on Local Environmental Initiatives (ICLEI),” ” Smart Growth,” “Wildlands Projects,” “Resilient Cities,”  and “Regional Visioning Projects.”  In making these claims the anti-Agenda 21 campaign is explicitly arguing that those engaged in  these programs are doing so to implement Agenda 21.  That is  these organizations are pursuing their goals because of the Agenda 21,  not because they independently see benefits from sound growth, responsible land-use or transportation planning, or the creation of bike lanes for reasons other than Agenda 21.

The chapter in Agenda 21 on local authorities, Chapter 28, is only slightly longer than one page. It contains no prescriptions in regard to the content of local sustainability programs. This chapter simply says that each local authority should enter into a dialogue with its citizens, local organizations, and private enterprises and adopt a local Agenda 21. There are simply no minimum conditions for what constitutes a local Agenda 21. The clear objective of this chapter is that communities determine the content of local Agenda 21s through collaborative examination of their own needs for appropriate environmental, economic, and social policies.  Given this it is absurd to conclude that the contents of any local sustainability program were formed by Agenda 21.

Those engaged in the anti-Agenda 21 campaign are unable to identify a  link between these organizations and Agenda 21 or the United Nations other than claiming that these organizations are working on subject matter which is also covered in Agenda 21. No one in the United Nations reviews local sustainability plans to determine if they are minimally consistent with Agenda 21. There is simply no formal institutional connection between the United Nations and local governments except for the fact that the UN keeps some track of local sustainability programs  and occasionally convenes meetings to allow local communities to learn from each other about how to construct local sustainability programs.  The United Nations does not review or pass on the acceptability of these programs. Moreover, much of the land use, transportation, and energy planning that is under attack by the anti-Agenda 21 program has not been conducted by these organizations, they simply are the product of local government planning processes led by staff that often never heard of Agenda 21 nor ever worked with organizations such as ICLEI. Yet, even in the cases where local land use plans have been produced by local planning organizations working with local stakeholder groups rather than the named organizations, the anti-Agenda 21 argues that these plans are part of a United Nations plot.

The only evidence that these named organizations are covertly pursuing the implementation of Agenda 21 proffered by the anti-Agenda 21 campaign is that these organizations are doing work similar in content to the focus of several Agenda 21 chapters. Yet such an argument completely ignores the possibility that those working for these organizations are pursuing the organization’s goals because they believe that responsible planning is worthy of pursuit on its own terms because of the ability of communities to implement a vision of the future derived in planning processes. The anti-Agenda 21 campaign offers no proof that people working for these organizations have been motivated by the desire to implement Agenda 21. Given that, as we have seen, that most of the environmental provisions of Agenda 21 were based upon environmental laws and policies that existed before Agenda 21 came into existence it is preposterous to assume the people working for these organizations have been motivated primarily by the provisions of Agenda 21.

There is simply no evidence that people engaged in these organizations are taking orders from, report to, or are responding to wishes of United Nations. Even if they were, given that Agenda 21 is a menu of options, not a set of rules, local governments are completely free under Agenda 21 to determine which environmental and economic issues will be taken into consideration in their local planning.

However, this does not stop the anti-Agenda 21 campaign from attacking local planning on the basis that it is part of an UN Marxist plot to destroy private property.

Claim 3. Agenda 21 and sustainable development views the American way of life of private property ownership, single-family homes, private automobile ownership, individual travel choices, privately owned farms, and human existence as all being destructive of the environment. (West Cornwall Township Resolution)

Embedded in this claim are two assertions about Agenda 21 that are directly contradicted  by the text of Agenda 21.  One is the claim that Agenda 21 encourages the destruction of property rights. The second is the claim that Agenda 21 elevates environment protection goals over the interests of people. These two claims are very frequently made by the anti-Agenda 21 campaign yet directly contradicted by Agenda 21.

Section 8.18 of Agenda 21  provides that governments and legislators should  establish judicial and administrative procedures for legal redress and remedy of actions affecting environment and development that may affect rights. Agenda 21 section 10.5 expressly says that property rights should be taken into account in land use decisions. And so, not only is there no support for the claim that Agenda 21 encourages the elimination of property rights, as we have seen Agenda 21 says the exact opposite.

Rather than elevating environmental protection over human interests, Agenda 21 expressly incorporates principal one of the Rio Declaration that says that human beings are at the center concern for sustainable development. And so, the idea that Agenda 21 makes human interests subservient to environment protection goals is directly contradicted by the text of Agenda 21. Although it is true that Agenda 21 encourages people to live in harmony with nature, Agenda 21 does not discourage the use of natural resources to meet human needs except to the extent that it encourages decision-makers to consider how the overuse of natural resources will undermine the quality of life for present and future generations. Even in this case, human interests are the basis for concern about the environment. Also, local governments are completely free to decide which issues it will consider in land use planning.

And as we have seen above, Agenda 21 also incorporates principle two of the Rio Declaration that expressly says that nations have the sovereign right to exploit their own resources pursuant to their own environmental and development policies. This provisions make nations sovereign over natural resources, not the Unite Nations while reaffirming national sovereignty. Once again, the anti-Agenda 21 campaign is making claims that are demonstratively false.

Claim 4. Under Agenda 21, social justice is described as the right and opportunity of the people around the world to benefit equally from the resources afforded us by society and the environment which would be accomplished by socialist/communist global redistribution of property and wealth. (West Cornwall Township Resolution).

As we have seen, Agenda 21 expressly encourages property rights to be honored and for governments to establish civil procedures to redress the unlawful taking of property rights. The absurd notion that agenda 21 calls for the redistribution of wealth according to socialist/communist goals is nowhere be found in Agenda 21 and as we have seen Agenda 21 expressly calls for the strengthening of the private sector participation in decision-making in many places including an entire chapter of Agenda 21, Chapter 30.

Agenda 21 does call for more foreign aid from developed countries to assist poor developing countries with poverty alleviation. This however is simply a call for more foreign aid, not a request for redistribution of wealth pursuant to some socialist/communist theory. Chapter 33 of Agenda 21 calls for developed nations to provide 0.7% of GDP for foreign aid to poor developing countries. The United States, however, made it clear when it signed Agenda 21 in 1992 by making a special statement on the issue that it did not agree with this goal and was not in any way bound by it. This disclaimer was originally made by the George H.W Bush administration and was strongly and frequently repeated in the Clinton administration during meetings of the United Nations Commission on Sustainable Development.  In fact, when I was on the US delegation in 1997, when several developing nations criticized the United States for being in last place among developed countries in percentage of GDP devoted to foreign aid, with only 0. 1 % of US GDP devoted to foreign aid compared to 10 times as much in some European countries, the Clinton not administration strongly repeated its position that the US rejected the 0.7% of GDP goal. It further said that the principle way to help developing nations economically was to help them  them to attract private sector investment.

And so, the claim that Agenda 21 will lead to a Marxist/communist redistribution of private resources is another staggering delusional claim made by the anti-Agenda 21 campaign.

III. Conclusion to this First in a Series on the anti-Agenda 21 Campaign.

So far we have seen that four claims repeatedly made by the anti-Agenda 21 campaign are so demonstratively false, misleading, inaccurate about Agenda 21 that they can only be explained as the result of paranoid conspiracy theory about the United Nations or by a reckless disregard for the truth. Yet, we have seen that this delusional phenomenon has been successful in undermining local and regional planning and amazingly convincing the Republican party to accept and adopt in their party platform claims that are contradicted by the very document on which the claims are based.

Later entries in this series will continue the examination of specific claims made by the anti-Agenda 21 campaign, deduce from all these claims the tactics that have been deployed by the anti-Agenda 21 campaign and subject these tactics  to an ethical analysis. In a later blog we will also examine who appears to be behind this disturbing development in US affairs.

References:

Reilly, William, 1992, Questions and Answers on UNCED Issues, March 29, 1992 (Copy of this in possession of author)

By:

Donald A. Brown

Scholar In Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

 

                Appendix A

cornwall 1

 

Ethical Issues with Relying on Natural Gas as a Solution to Climate Change

natural gas

 

Is Natural Gas Electricity Combustion A Solution to

 

 

 

 

 

 

 

 

 

I. Introduction

Interest in tackling climate change in the United States has increased somewhat recently in response to global CO2 atmospheric concentrations reaching 400 ppm, although there is almost no hope of new federal legislation soon.  Many claims have been made recently that increased use of natural gas is an important element in any US response to climate change. In this regard, the natural gas industry has made a considerable effort to convince citizens that natural gas from hydraulic fracking is part of the solution to climate change. As an example, the following is from a gas industry website.

Because carbon dioxide makes up such a high proportion of U.S. greenhouse gas emissions, reducing carbon dioxide emissions can play a pivotal role in combating the greenhouse effect and global warming. The combustion of natural gas emits almost 30 % less carbon dioxide than oil, and just under 45 % less carbon dioxide than coal.

One issue that has arisen with respect to natural gas and the greenhouse effect is the fact that methane, the principle component of natural gas, is itself a potent greenhouse gas. Methane has an ability to trap heat almost 21 times more effectively than carbon dioxide. According to the Energy Information Administration, although methane emissions account for only 1.1 % of total U.S. greenhouse gas emissions, they account for 8.5 % of the greenhouse gas emissions based on global warming potential. Sources of methane emissions in the U.S. include the waste management and operations industry, the agricultural industry, as well as leaks and emissions from the oil and gas industry itself. A major study performed by the Environmental Protection Agency (EPA) and the Gas Research Institute (GRI), now Gas Technology Institute, in 1997 sought to discover whether the reduction in carbon dioxide emissions from increased natural gas use would be offset by a possible increased level of methane emissions. The study concluded that the reduction in emissions from increased natural gas use strongly outweighs the detrimental effects of increased methane emissions.  More recently in 2011, researchers at the Carnegie Mellon University released “Life cycle greenhouse gas emissions of Marcellus shale gas”, a report comparing greenhouse gas emissions from the Marcellus Shale region with emissions from coal used for electricity generation.  The authors found that wells in the Marcellus region emit 20 percent to 50 percent less greenhouse gases than coal used to produce electricity.

(Naturalgas. org, 2013)

The interest in natural gas combustion as a potential solution to climate change has been gaining because US ghg emissions have fallen somewhat as natural gas from hydraulic fracturing technologies has been rapidly replacing coal in electricity sector generation.  In this regard, for instance, Reuters recently reported in regard to recent drops in US ghg emissions that:

Carbon dioxide (CO2) emissions from energy use in the first quarter of this year fell to their lowest level in the U.S. in 20 years, as demand shifted to natural gas-fired generation from coal-fired electricity due to record low gas prices, the energy department said.

 (Reuters, 2012)

The US  natural gas industry has often argued that a switch to natural gas will significantly reduce ghg emissions from the electricity sector because natural gas emits almost 50 % less COper unit of energy produced than  coal combustion.  For this reason, natural gas is often referred to as a “bridge fuel.” (See, e.g, Kirkland)

The following chart shows the amount of pollutants including CO2 from natural  gas, oil, and coal combustion.

coalandnaturalgas

As we can see from this chart, natural gas combustion as a source of electricity generation produces about 70 % of the CO2 as oil and 56 % of the CO2 compared to coal without including methane leakage amounts, a matter discussed below. Yet controversies remain about whether natural gas should be understood as a solution to climate change and if so to what extent. This article first identifies the controversies and then reviews these issues through an ethical lens.

II. The Controversies

Two controversies about the efficacy of switching from coal to natural gas combustion in the production of electricity need to be resolved before conclusions on the beneficial effects of natural gas in reducing ghg emissions can be made. These controversies are: (a) Lingering issues about methane leakage rates, and (b) The inability of current natural gas combustion technology to achieve the magnitude of ghg emissions required to prevent dangerous climate change particularly in the medium- to long-term.

A. Unresolved Methane Leakage Rates

Natural gas is mostly methane, a potent ghg. Natural gas production from hydraulic fracturing is known to leak methane. It is usually assumed that replacing coal with gas would reduce greenhouse gas emissions as long as the leakage of methane into the air from gas production does not exceed 3.6%. (Reuters, 2012)  Yet significant controversies remain about actual methane leakage rates. In this regard recently there has been a flurry of conflicting papers about methane leakage rates from natural gas production. For instance, US EPA concluded that methane leakage was 2.4% of total natural-gas production in 2009. Other recent studies have found leakage rates of 4%  and 9% from hydraulic fracturing operations in Colorado and Utah. (Tollefson, 2013)  As a result, no rational climate change action plan or ghg inventory should ignore controversies about methane leakage from hydraulic fracking operations. Until methane leakage rates are scientifically determined, any ghg inventory or projection of future emissions should identify the range of leakage rates that appear in the extant literature.  In addition to leakage rates from natural gas production facilities, methane leakage is also known to occur in natural gas transmission lines as well as from vehicles powered by natural gas and other end uses of natural gas. Therefore, actual methane leakage rates into the atmosphere from natural gas need to be based on the sum of leakage from all of these sources that include production, transmission, and end use.

Because methane leakage rate controversies are not yet resolved, any climate change action plan must be transparent about the limitations of predicting ghg emissions from natural gas consumption and fully identify all uncertainties about leakage rates.

(b) The Need To Move Aggressively To Non-Fossil Renewable Energy Even If Natural Gas Proves to Be A Short-Term Bridge Fuel

To understand why natural gas combustion in the electricity sector is not likely be an adequate solution to climate change in the  long-term, it is necessary to understand the scale of the problem facing the world. The international community agreed in climate change negotiations under the United Nations Framework Convention on Climate Change in Copenhagen in 2009 that the international community should limit warming to 2°C to prevent dangerous climate change. In fact, countries agreed to further assess whether the 2°C warming limit needs to be replaced by a more stringent 1.5°C warming limit to avoid dangerous climate change impacts. This conclusion was confirmed in climate negotiations in Cancun in 2010, in Durban in 2011, and in Doha in 2012. A 2°C warming limit was chosen because there is substantial scientific evidence that warming above 2°C could trigger rapid, non-linear climate change threatening hundreds of millions of people around the world and the ecological systems on which life depends. Even if rapid climate change is not triggered if the 2°C warming is exceeded, this amount of warming will create huge harms to some people and nations around the world. Stabilizing CO2 equivalent concentrations at 450 ppm would only result in a 50% likelihood of limiting global warming to 2°C, and that it would be necessary to achieve stabilisation below 400 ppm to give a relatively high certainty of not exceeding 2°C.  (Report of the Scientific Steering Committee of the International Symposium on the Stabilization of Greenhouse Gases)

Limiting warming to 2°C or less will require reductions in global ghg emissions below current emissions by as much as 80 percent by mid-century for the entire world and as we explained in the a recent article on “equity” at even greater reduction levels for most developed countries. (see On the Extraordinary Urgency of Nations Responding To Climate Change on the Basis of Equity.) 

And so, the challenge facing the world to limit future warming to tolerable levels is extraordinarily daunting and will likely require a level of global cooperation far beyond any other previous  human problem.

Stabilizing atmospheric concentrations at levels that will avoid dangerous climate change requires immediate action. The entire world will need to peak its ghg emissions as soon as possible followed by emissions reductions at extraordinarily ambitious rates over the next 30 years. The longer it takes for world ghg emissions to peak and the higher ghg emissions levels are when peaking is achieved, the steeper global emissions reductions need to be to prevent dangerous levels of warming. The following chart shows the emissions reduction pathways that are needed in this century to give the world any reasonable hope of limiting warming to 2°C, assuming global emissions continue to rise at current levels during the next few years.

three reductions pathways

(Anderson, 2012)

And so it is clear that the later the peaking of total global emissions, the steeper the reduction pathways that are needed.

Further scientific analysis may reveal that methane leakage rates may be small enough to provide climate change emissions reduction benefits when coal combustion of electricity production is replaced by natural gas combustion. As we have seen this is an ongoing controversy about which further scientific analysis is needed.  Still, as explained below, given the enormity of global reductions of ghg emissions that are necessary to prevent dangerous climate change, natural gas is likely only to be a short-term bridge fuel. (IEA, 2012)

This is so because according to a recent International Energy Agency (IEA) report, natural gas can play at best a limited, very temporary role “if climate objectives are to be met.” That is, greater ghg emissions reductions are needed to prevent 2°C warming than those that can be achieved by switching from coal to natural gas combustion. And so mos observers argue that the only viable response to the threat of catastrophic climate change is rapid deployment of existing carbon-free technology. (IEA, 2012) Even if natural gas combustion creates a 50 percent less CO2 per unit of energy produced, an amount which is beyond best case on ghg emission reductions,  it will not produce the greater emissions reductions necessary in the next 30 years necessary to give any hope of restricting warming to potentially catastrophic levels.  In short, natural gas combustion cant get us where we need to be just a few decades out. It might help in the short term, but we need massive investment in non-fossil technology as soon as possible.

In addition if coal combustion were to be replaced now by non-fossil fuel energy, it would help immediately much more than conversion of coal to natural gas combustion does with putting the world on an urgently needed ghg emissions reduction pathway that gives more hope of preventing catastrophic warming.

There  are also other significant benefits of moving quickly to non-fossil fuels. For instance, according to IEA report, fuel savings from investment in non-fossil fuel technologies will pay for the investments. (IEA, 2012)  Even if natural gas is a short-term bridge fuel, delay in investing in non-fossil fuel technologies may make it impossible to meet the emissions reductions targets needed to prevent dangerous climate change. For this reason, any climate action strategy must look at emissions reductions pathways beyond 2020 necessary to limit warming to 2oC and consider what amounts of non-fossil energy are needed through 2050. Because huge amounts of non-fossil energy will very likely be required to allow the United States and other developed nations reduce their  carbon foot-print to levels required to meet their fair share of safe global emissions, the more rapid the ramp up of non-fossil energy the easier it will be to reach acceptable ghg emissions levels in the years ahead.

Furthermore, the IEA report makes it clear that abundant cheap natural gas could push renewables out of the market unless there is a price on carbon or aggressive economic support for non-fossil renewable energy.  It is  also possible that cheaper natural gas prices may lead to higher rates of consumption of electricity creating higher CO2 emissions. For this reason, any reliance on natural gas combustion as a method of reducing CO emissions must provide for ramped up commitments to non-fossil fuel sources of energy at levels needed to prevent dangerous climate change. Reliance on natural gas alone will not achieve the 80%-95%  reductions required of developed nations to prevent dangerous climate change.

Barriers to much more aggressive use of non-fossil combustion appear to be a lack of political will coupled and arguments about prohibitively high costs of non-fossil energy. We will now examine these issues through an ethical lens.

III. Ethical Analysis of the Natural Gas and Climate Change Controversies

Natural gas hydraulic fracturing technologies have created issues about social and environmental impacts that are beyond the scope of this article. Here we more narrowly examine ethical questions raised by reliance on natural gas as a solution to climate change.

Depending on how the methane leakage controversy is resolved, switching from coal combustion to natural gas combustion could help lower ghg emissions from the electricity sector in the short term.  Given that the United States has strong ethical responsibilities to rapidly reduce its carbon footprint, a matter examined extensively in Ethicsandclimate.org, one might initially conclude that as a matter of ethics switching to natural gas from coal combustion is ethically justifiable as a short-term strategy. Yet, undeniably replacement of coal combustion with non-fossil energy would create a much greater reduction in the long run in the US carbon footprint than a shift to natural gas from coal combustion would alone.  As we noted above, objections to moving immediately to non-fossil energy are lack of political will and cost arguments. We  now look at these political and cost arguments through an ethical lens.

A. The United States and Other High-Emitting Nations Have A Duty to Reduce Their Carbon Footprint As Rapidly and Dramatically As Reasonably Possible

No reasonable ethical theory could justify current US projected ghg emissions, including projected reductions that are expected to come from increased substitution of coal with natural gas at least in the medium to long term. This is so for many reasons including, first, as we have explained in considerable detail in the recent article on climate change equity, US emissions far exceed global averages in per capita emissions, the US is by far the largest contributor to historical emission which have raised atmospheric concentrations of CO2 from approximately 280 ppm to 400 ppm, and the world is now running out of time to limit warming to non-dangerous levels. Because, as we have demonstrated in the recent article on “equity” and climate change, there are approximately 50 ppm of CO2 equivalent atmospheric space that remain to be allocated among all nations to give the world approximately a 50% chance of avoiding a 2oC warming and developing nations that have done little to elevate atmospheric CO2 to current levels need a significant portion of the remaining atmospheric space , high emitting developed nations need to reduce their emissions as fast as possible to levels that represent their fair share of the remaining acceptable global budget. (See On the Extraordinary Urgency of Nations Responding To Climate Change on the Basis of Equity.) For this reason, high-emitting nations have strong ethical duties to reduce their ghg emissions as fast as possible to their fair share of safe global emissions.  Without doubt, this means that the United States has an ethical duty to reduce emissions both in the short and long run faster than switching to natural gas combustion from coal sector will allow by itself.

As we have previously explained in EthicsandClimate.org there is now a scientific consensus that developed countries must limit their ghg emissions by as much as 25% to 40 % below 1990 emissions levels by 2020 and between 80% and 95% below1990 levels by 2050 to have any reasonable chance of avoiding dangerous climate change which would require atmospheric ghg concentrations to be stabilized at 450 ppm. (IPCC, 2007: 776)   (Also see, What You Need To Know to Understand the Scale of the Climate Change Problem and The Continuing US Press Failure to Report on the Urgency of this Civilization Challenging Threat) 

The actual amount of emissions reductions that are needed between now and 2020 is somewhat of a moving target depending on the level of uncertainty that society is willing to accept that a dangerous warming limit will be exceeded, the most recent increases in ghg emissions rates, and assumptions about when global ghg emissions peak before beginning rapid reduction rates.

One new study shows that we have to reduce emissions even more than scientists initially thought in order to avoid climate change’s worst impacts. A paper published in Energy Policy on February 20, 2013 by Michel den Elzen and colleagues examines new information on likely future emissions trajectories in developing countries.  (Ezden, 2013) As a result, the report finds that developed countries must reduce their emissions by 50% below 1990 levels by 2020 if we are to have a medium chance of limiting warming to 2°C, thus preventing some of climate change’s worst impacts.

As we have seen above, to stabilize atmospheric concentrations at levels that will avoid dangerous climate change the entire world will need to peak its emissions in the next few years followed by emissions reductions at hard to imagine rates over the next 30 years.

As we have also explained in EthicsandClimate. org, US reductions need to be much greater than average reduction levels required of the entire world as a matter of equity because the United States emissions are among the world’s highest in terms of per capita and historical emissions and there is precious little atmospheric space remaining for additional ghg emissions if the world is serious about avoiding dangerous climate change.  (See, What You Need To Know to Understand the Scale of the Climate Change Problem and The Continuing US Press Failure to Report on the Urgency of this Civilization Challenging Threat)

No matter what reasonable assumptions are made about carbon budgets that need to guide the world’s response to avoid dangerous climate change, as a matter of ethics, the US has a duty to reduce its ghg emissions both in the short and long run to levels much greater than switching to natural gas combustion from coal will accomplish by iteslf.

Even if switching to natural gas in the short term reduces the US carbon footprint somewhat, it is still not sufficient by itself to put the US on an emissions reduction pathway consistent with its ethical obligations without other policy interventions including putting a price on carbon or rapid ramp up of renewable energy. Given that the natural gas is likely to reduce costs of electricity production, there is also some risk that with lower costs demand for electricity will increase which will undermine both incentives for finding increases in efficiency while raising ghg emissions levels. For this reason, the United States needs to create an emissions reduction target consistent with its obligations to the world. (See,  On the Extraordinary Urgency of Nations Responding To Climate Change on the Basis of Equity.)

Although ethical reflection on benefits of short term switching to natural gas reveals the above ethical questions, long-term reliance on natural gas as a climate change solution raises greater issues of ethical concern. This is so because although switching to natural  gas combustion from coal can reduce temporarily the US carbon footprint when coupled with the right policy measures, there is no hope that natural gas combustion alone can achieve the huge emissions reductions necessary to put the United States on an emissions reduction pathway that matches the US ethical obligations to prevent dangerous climate change. The United States urgently needs to adopt policies that will ramp up its use of non-fossil energy immediately. Investment in natural gas combustion could delay investment in non-fossil energy. Moreover the amount of non-fossil energy needed to put the US on an emissions reduction pathway consistent with its ethical obligations requires the United States to begin immediately as a matter of ethics. The longer the United States waits to move more aggressively to increase the share of non-fossil energy, the more difficult, if not impossible, it will be to meet non-fossil energy needs a few decades from now. And so as a matter of ethics a strong case can be made that the United States needs immediately to adopt policies designed to aggressively increase levels of  non-fossil energy.

And so if political will is a barrier to greater use of non-fossil energy, politicians resisting greater commitment to non-fossil energy are most likely supporting positions that fail to pass minimum ethical scrutiny.

The fact that much greater US commitments to renewable energy are feasible is demonstrated by looking at achievements of other nations.  Germany, for instance, has set a goal of 100% renewable energy in its electricity sector by 2050. (The Gaurdian, 2010) Germany’s Environment Agency’s study found that switching to 100 % green electricity by 2050 would have economic advantages, especially for the vital export-oriented manufacturing industry (The Gaurdian, 2010) It would also create tens of thousands of jobs.

B. Ethical Analysis of Cost Arguments In Opposition to Non-Fossil Electricity Generation

There are many factual issues that could be contested in regard to any argument that switching to a non-fossil  fuel future is cost-prohibitive. As we have seen, for instance, Germany claimd that an aggressive move to a non-fossil future has economic benefits. (For a good discussion of economic arguments for aggressive policies in support of renewable energy see, Germany Energy Transition, Henric Boll, 2012)

Cost arguments made in opposition to aggressive policies in support of a non-fossil future many not only be challenged on a factual basis but also on an ethical basis.  There are several ethical issues raised by such cost arguments that have been extensively looked at in prior articles in EthicsandClimate.org. These ethical issues include

  •  Cost arguments are often deeply ethically problematic because they ignore duties, responsibilities, and obligations to others to reduce ghg emissions. That is, cost arguments usually appeal to matters of self-interest and ignore responsibilities to others including the tens of millions of poor people around the world that are already suffering from climate change impacts or who are much more vulnerable to much harsher climate change impacts in the future than the United States is.
  •  Cost arguments are ethically problematic if they fail to examine the costs of non-action and only consider the costs to high emitters of reducing ghg emissions. Given that most economists now believe that costs of non-action far exceed costs of reducing the threat of climate change, costs considerations that only consider costs to polluters are both deeply ethically troublesome and radically incomplete.
  • Costs arguments may not be made against climate change policies if greenhouse gas emissions lead to serious human rights violations of victims who have not consented to be put at risk.
  • Cost arguments often translate all values to economic values measured in markets and thereby transform some things that victims hold have sacred value into commodity value.
  • Cost arguments usually ignore questions of distributive justice while arguing that government policy should be based upon maximizing economic efficiency or utility.  Distributive justice issues that are frequently ignored by the use of cost arguments to oppose climate policy include the fact that costs would be imposed on those who are causing the problem yet the victims of climate change that would benefit from taking action are some of the poorest people around the world that have done little to cause the problem
  • Cost arguments usually ignore issues of procedural justice including the right of victims to consent to being put at risk to climate change impacts.
  • Cost arguments alone usually ignore well settled norms of international law including the “polluter pays” and “no harm” principles that the United States and almost all other nations have agreed to in ratifying the United Nations Framework Convention on Climate Change.

In conclusion, we have identified strong ethical arguments that support the need to ramp up non-fossil fuel combustion in the United States and other developed countries while implicitly acknowledging that there could be some short-term benefit if coal combustion is replaced by natural gas, a conclusion that only can be reached with better understanding of the methane leakage issues. Yet even if there is some short-term benefit from substituting natural gas for coal combustion, there is no ethical basis for doing this without simultaneously aggressively ramping up non-fossil fuel electricity combustion.  We note that some in the natural gas industry and their political  supporters continue to oppose policies designed to ramp up non-fossil fuel combustion at the same time claiming that natural gas is a solution to climate change. Because the failure to ramp up non-fossil fuel combustion Under the circumstances discussed in this article,  such opposition is ethically problematic.

By:

Donald A Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

 

 

Why US States Have A Duty To Reduce Their Emissions to Their Fair Share of Safe Global Emissions: The Case of Pennsylvania.

A new report that looks at Pennsylvania examines why US states must reduce their greenhouse gas (ghg) emissions to their fair share of safe global emissions. Although this report focuses on Pennsylvania, the conclusions in this report could be applied to other US states as well as sub-national and regional governments around the world.

temperture pa image 2

The report concludes that Pennsylvania needs to act to reduce the threat of climate change. The report explains how the latest science on climate change that is being articulated by the most prestigious scientific institutions including the National Academy of Sciences leads to the conclusion that there is an urgent need of governments at all scales to act to reduce the threat of climate change to maintain any hope of avoiding dangerous climate change. The report also explains how climate change will likely affect Pennsylvania and hundreds of millions of poor, vulnerable people around the world.  Given this, the report explains why Pennsylvania needs to also plan to adapt to climate change impacts that are now very likely even if governments respond more aggressively to climate change than they have in the past. The report also compares Pennsylvania’s response to climate change to other US states.

The report calls Pennsylvania to adopt an enforceable greenhouse gas target consistent with Pennsylvania’s fair share of safe global emissions because Pennsylvania ghg emissions are contributing to global emissions and there is an urgent need to dramatically reduce global ghg emissions to prevent dangerous warming. Because ghg emissions from Pennsylvania are contributing both to enormous threats to the world and will likely have adverse impacts on human health and ecological systems in Pennsylvania (a matter discussed below), the state should reduce its emissions to Pennsylvania’s fair share of safe global emissions. Pennsylvania must also act to reduce ghg emissions because Pennsylvania controls human activities that produce ghg emissions that are not regulated at the federal level for such activities as some transportation decisions, regulation of electricity generation, building codes, land use, waste disposal, and some aspects of forest protection.

Although a description of Pennsylvania’s exact fair share of safe global emissions was beyond the scope of this report, nonetheless, the report concluded that a strong case can be made that Pennsylvania should limit its emissions to achieve greater percentage of ghg reductions than required of the entire world to avoid dangerous climate change. This is so because like all US states and most of the developed world nations, ghg emissions levels from Pennsylvania far exceed most of the world in per capita ghg emissions.  In other words, if it is determined that the entire world should reduce its emissions by 80 % below 1990 levels to prevent dangerous climate change, high-emitting nations or sub-national governments around the world, including US states, will need to reduce their emissions to even greater levels on the basis of equity and fairness.  To require each nation or government to reduce emissions by the same percentage amount would freeze into place unjust emission levels for high-emitting governments.  For this reason, almost all the nations of the world, including the United States in 1992 when it ratified the United Nations Framework Convention on Climate Change, agreed that each nation must reduce its emissions on the basis of “equity” to prevent dangerous climate change. (UNFCCC, 1992: Art 3, Para 1) If all nations need only reduce their emissions by equal percentage amounts, then a high emitting nation like the United States that emits ghg at rate of 17.3 tons per capita would be allowed to emit at a level 10 times more per capita than a country like Vietnam that emits 1.7 tons of ghg per capita. (World Bank, 2012b) As a result, all nations have agreed that national targets must be based upon fairness or equity although reasonable differences exist about what fairness requires.

An issue brief for New York State recently recognized the need of New York to set ghg emission targets on the basis of equity:

Determining how much individual states or nations should reduce emissions through mid-century requires consideration of allocation equity and reduction effectiveness. The UNFCCC approach to apportioning ghg emission reduction requirements between developed and developing nations considers a broad spectrum of parameters, including population, gross domestic product (GDP), GDP growth, and global emission pathways that lead to climate stabilization.Applying these parameters, the UNFCCC concludes that, to reach the 450 ppm CO2e stabilization target, developed countries need to reduce ghg emissions by 80 to 95 percent from 1990 levels by 2050. (New York State, 2009)

And so like New York, Pennsylvania should  recognize that its emissions reduction target must be based upon fairness. However, because reasonable differences exist about what equity requires of nations and states in setting emissions reductions targets, this report makes no specific final recommendations on what an enforceable ghg cap should be except to claim it should be fair.  At the very minimum, however, any State cap should be at least as stringent as emissions reductions levels needed by the entire world to provide reasonable confidence that dangerous climate change will be avoided.  It should also be based on recognition that fairness likely requires Pennsylvania to be more aggressive in reducing its ghg emissions than most of the rest of the world. As the above quoted New York report recognizes, a state like Pennsylvania might set a target to reduce ghg emissions by 80 to 95 percent from 1990 levels by 2050.

Furthermore, any action plan and interim emissions reductions target should put Pennsylvania on an emissions reductions pathway consistent with the need to limit global emissions to levels that will stabilize atmospheric greenhouse concentrations at levels that provide reasonable confidence of preventing dangerous climate change. This requirement entails the need of any Pennsylvania action plan to consider not only what action steps are necessary to achieve a target at a specific year such as 2020, the target year recognized in an unimplemented 2009 Pennsylvania  action plan, but also to consider actions that will put Pennsylvania on a reduction pathway capable of reducing ghg emissions from Pennsylvania necessary to prevent dangerous climate change in the years ahead. More specifically this means that Pennsylvania’s action plan should consider how it will achieve emissions reductions to achieve any long-term goals such the potential goal of reducing ghg emissions by 80 to 95 percent below 1990 levels by 2050.

Given all of this the report calls for Pennsylvania to:

  1.  Adopt a legally-binding GHG emissions reduction target consistent with Pennsylvania’s fair share of safe global emissions.
  2.  Work with the Climate Change Advisory Committee  identified in the 2008 Pennsylvania Climate Act supplemented by vigorous public participation to identify strategies to reduce Pennsylvania GHG necessary to achieve the legally-binding GHG emissions reduction target
  3. Adopt any laws or regulations necessary to implement the action plan and achieve the target.
  4. Greatly ramp up Pennsylvania’s commitment to non-fossil energy.
  5. Develop and periodically update a climate change adaptation plan.
  6. Encourage, support, and recognize actions and programs to reduce the threat of climate change by Pennsylvania sub-state level governments, businesses, organizations, and educational and religious institutions.

The full report can be downloaded at http://www.pagreencolleges.org/CapitolEvent

Reference:

New York State, (2009). Climate Change Issue Brief, New York Energy Plan 2009, www.nysenergyplan.com/final/Climate_Change_IB.pdf

By:

Donald A. Brown

Scholar In Residence,

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

 

 

On the Extraordinary Urgency of Nations Responding To Climate Change on the Basis of Equity.

400ppm

This  article seeks to explain in understandable terms why nations must not only aggressively respond to climate change but respond at levels required of them by equity if the world is going to have any hope of avoiding dangerous climate change. And so, this article seeks to help citizens around the world understand why their nations must create climate change policies consistent with their equitable obligations and that if their nations fail to respond on the basis of equity, there is vey little hope of an adequate global solution emerging that has any potential of avoiding catastrophic climate change.

Once again there has been some renewed interest in responding to climate change this week in response to the announcement by the National Oceanic and Atmospheric Administration (NOAA) that carbon dioxide (CO2) atmospheric concentrations have reached 400 ppm (parts per million). This concentration of CO2 is not only higher than experienced in the last 3 million years of Earth’s history  (Kunzig, 2013), it is additional evidence that the world is rapidly running out of time to prevent dangerous climate change.  NOAA posted on its website Wednesday night, May 9, that the daily average for CO2 was 400.03 ppm. (Kunzig, 2013)   The last time the concentration of the CO2 reached this mark, horses and camels lived in the high Arctic and seas were at least 30 feet higher. (Kunzig, 2013) This sea level  rise would  inundate major cities around the world and cause harm to hundreds of millions around the world when temperatures finally responded to these elevated greenhouse gas (ghg) atmospheric concentrations.

Although this story made it to the front page of the New York Times, (see Schuetze 2013), the US press continues to fail to educate American citizens fully about the seriousness of the problem that the world is facing particularly in regard to the urgent need of nations to take immediate steps to reduce their emissions to their fair share of safe global ghg emissions.  Ethicsandclimate.org has previously examined the failure of the US press to communicate to American people the importance of the equity issue in formulating US policy. (See, The US Media’s Grave Failure To Communicate The Significance of Understanding Climate Change as A Civilization Challenging Ethical Issue.Yet, as we will explain, in light of the rapidly decreasing amount of time remaining for the world to prevent dangerous climate change, there is now more than ever a need to increase political support at the national level around the world for the adoption of policies on climate change that reflect each nation’s fair share of safe global emissions.

rich countriesWhen almost all nations around the world agreed to the 1992 United Nations Framework Convention on Climate Change (UNFCCC), they promised  to adopt policies and measures to limit warming based upon “equity” to prevent dangerous anthropogenic interference with the climate system. (UNFCCC, Art. 3) Up until very recently it was possible for nations to ignore that they had a responsibility to reduce their ghg emissions to levels based upon “equity.” And so many, if not most, nations have been entering international climate negotiations as if they need only look to their national economic interest to determine what ghg emissions reductions commitments they need to make under the UNFCCC. However, now that the world is running out of time to prevent dangerous climate change, the urgent need of nations to reduce their emissions to levels required of them on the basis of equity and basic fairness is now obvious and undeniable. This was not the case only a few years ago.  For instance, just three years ago it was possible for the United States to ignore what was required of it as a matter of basic fairness because nations were happy when the United States made any commitment to reduce its ghg emissions having refused to do so from the early 1990s through 2010. Any US commitment was viewed as a positive step. And so, when President Obama made a voluntary commitment in 2010 in Copenhagen to reduce US emissions by 17% below 2005 levels by 2020, it was widely celebrated throughout the international community even though most observers knew this commitment was far short of what justice required of the United States. Yet just two years later in Qatar, the same US commitment was almost universally condemned on justice grounds. (See: Qatar: Bumping Up Against Climate Change Limitations On Human Activities Makes Ethical and Justice Issues Unavoidable) 

The importance of each government entity’s responsibility to limit their emissions to their fair share of safe global emissions has become undeniably obvious to most observers of international climate negotiations now that it has become clear to all that there is precious little time for the global community to avoid dangerous climate change. The central importance of the need to get nations to respond to climate change on the basis of “equity” becomes very obvious once a number of scientific aspects of climate change are fully understood. However, too few people understand these scientific aspects of climate change and the press is failing to educate citizens about these issues.

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To fully understand the importance of national responses on the basis of “equity” it is necessary to understand some features of climate change that make it unlike any other environmental problem facing the world. The atmosphere is like a bathtub, it has limited volume. Nations have been filling up the atmospheric bathtub since the beginning of the industrial revolution in the late 1790s. Because CO2 is long-lived in the atmosphere, the bathtub continues to fill up with CO2 even if rates of CO2 emissions slow down somewhat unless all ghg emissions are reduced to the rate at which the Earth’s natural carbon cycle can remove CO2, an amount which is less than 20% of existing emissions levels. Decreasing ghg emissions does not prevent global atmospheric concentrations from increasing unless they are cut back globally by huge amounts. And so to prevent dangerous climate change nations have to do much more than cut back on the ghg emissions levels that they are entering the atmosphere, they have to cooperate to prevent the level in the bath tub from reaching levels that will cause dangerous climate change. As we shall see, this is a level that the world is fast approaching. Furthermore because CO2 is well mixed in the atmosphere it makes no difference where on Earth the ghgs come from, the atmospheric concentrations of ghg continue to rise without regard to location of the source of emissions.

What makes the current climate change threat so ominous is that the levels of CO2 that have been building up for over 200 years are quickly approaching levels that could trigger dangerous climate change as emissions are increasing in many parts of the world.

In our experience, most Americans don’t understand the scale of the climate change facing the world. In Copenhagen in 2010 the international community agreed to set as a goal warming limit of 2°C not withstanding there are some scientific evidence to believe that the warming limit should be lower at 1.5 °C. The 2°C warming limit was chosen because there is strong scientific evidence that warming above 2°C could trigger rapid nonlinear climate change thereby threatening hundreds of millions of people around the world and the ecological systems on which they depend. Even if 2°C warming doesn’t trigger nonlinear warming, this amount of warming will cause great harm around the world to people and places that have done little to cause climate change.

The following graph describes the staggering challenge facing the world if the international community desires to limit warming to 2°C.  The graph depicts three different emissions reductions pathways where the steepness of ghg emissions reductions needed to limit 2°C depend upon when global emissions levels peak, that is in 2015, 2020, or 2025. Despite over twenty years since the international community agreed in 1992 to adopt policies and measures based upon equity to prevent dangerous climate change, global ghg emissions levels continue to rise despite a global economic turn down in 2008. Global CO2 emissions grew 3 percent in 2011 and were estimated to rise 2.6 in 2012. (Morello, 2012).  Since the international community began to negotiate a climate change solution, rather then emissions levels diminishing they have  grown to 58 percent above the 1990 emissions level in 2012 (Morello, 2012). And so, the world is facing the urgent need to reduce ghg emissions at hard to imagine rates as seen in the following graph where the different colored lines on this chart represent different assumptions about climate sensitivity. This graph shows that if the world waits to act together to prevent ghg emissions from rising until 2020 or 2025, the world will need to reduce ghg emissions at staggering reduction levels after the peak years.

three reductions pathways

 

 

 

 

(Anderson, K.. 2012)

On the basis of the magnitude of the ghg emissions reductions challenge facing the world, mainstream scientists around the world are now emphatically trying to get the world’s attention about the urgency of the need to act dramatically to prevent dangerous climate change. Yet there has been little discussion in the media about the importance of equity in national responses to this global emergency coupled with the fact that one needs to understand other aspects of the climate change problem to fully understand the importance of requiring nations to reduce their emissions based upon “equity.”

Once one identifies an atmosphere ghg concentration level that will serve as a goal for preventing dangerous warming it is a relatively straightforward calculation to identify the remaining amounts of ghg emissions that can be emitted worldwide to prevent atmospheric ghg concentrations from exceeding the maximum concentration goal. This calculation is the basis for determining an emissions budget. Because there is some uncertainty about climate sensitivity, that is how much warming the Earth will experience at different atmospheric ghg concentrations, different atmospheric ghg concentration goals create different levels of probability of limiting warming to 2°C.  The following chart identifies the quantity of ghg emissions in gigatons of CO2 equivalent that the world may emit to achieve different levels of probability that the 2° C warming limit will not be exceeded. Therefore we see from this chart that if the entire world is assumed to be allowed to emit no more than 886 gigatons (Gt) of CO2 equivalent, this budgetary limit creates between a 8% and 37%, with a best estimate of 20%, probability that temperatures will exceed the warming limit of  2°C.   At the upper end of this chart, a 1437 Gt CO2 budgetary limit creates a probability of between 29 to 70 probability, with a best estimate of 50%, that the  2°C warming limit will be exceeded.

The chart also shows that if the world emits ghgs at levels projected at 56 Gt per year, then, assuming that the world chooses to live with a budget of 886 Gt CO2 which gives the world an 80% probability that future warming will be limited to 2°C, then after12 years there will be zero emissions left in the budget.  The chart also demonstrates that even if the world chooses to run the risk of accepting a 50% probability that the 2°C warming will be exceeded then world can only emit greenhouse gases at projected levels for 22 years.
budget

As gloomy as this picture in regard to the remaining global ghg emissions budget, we have not yet explained why getting nations to commit to reduce their emissions to levels required of them by equity is so important and indispensable for thinking clearly about how the world must respond to the threat of climate change. And so, now, for the first time, we can explain the importance of “equity” in guiding international responses to climate change.

 

Slide3

 

 

 

 

 

 

 

 

 

 

 

 

Returning to the use of a bathtub as a metaphor for the atmosphere, we note that there is already elevated levels of ghg (metaphorically water) in the bathtub that have risen to current levels from over 200 years of human activities. That is CO2 has increased in the atmosphere from 280 ppm to 400 ppm since the beginning of the industrial revolution. If we assume that atmospheric concentrations of CO2 equivalent should be limited to 450 ppm to give the world a 50% chance of keeping warming from exceeding the 2°C warming limit, atmospheric concentrations have increased already by120 ppm from pre-industrial levels and only 50 ppm of atmospheric space are  left to allocate to the entire world.  The 120 ppm increase in atmospheric CO2 concentrations that has already been put into the bathtub by human activities has overwhelmingly been caused by activities in some rich, developed countries much more than poor developing countries.  The following chart shows which countries have contributed the most elevated concentrations of CO2 in the atmosphere.
cummualative over time

(EPA, 2002)

And so some countries more than others have contributed far more than others to elevated ghg concentrations. Given that there’s only 50 ppm of atmospheric space left to allocate (assuming and atmospheric goal of 450ppm giving approximately a 50 % chance of exceeding  the 2°C) and some developing countries desperately need to use the remaining atmospheric space to escape grinding poverty, it is obviously unfair or inequitable to require all countries to reduce emissions by the same amount.

Percapita nationaFurthermore, the above chart demonstrates that some countries including the United States, Canada,  and Australia, for instance, far exceed others in per capita levels of emissions from their citizens compared to other countries such as India.

If it is determined that the entire world must reduce its emissions by 80% below 1990 levels to prevent dangerous climate change, high-emitting nations or governments around the world, including the US, Canada, and Australia, will need to reduce their emissions to even greater levels on the basis of equity and fairness. To require each nation or government to reduce emissions by the same percentage amount would freeze into place unjust emission levels for high-emitting governments and very low emissions rates for poor developing countries.  For this reason, almost all the nations of the world, including the United States in 1992 when it ratified the UNFCCC, agreed that each nation must reduce its emissions on the basis of “equity” to prevent dangerous climate change. (UNFCCC, 1992: Art 3, Para 1) If all nations need only reduce their emissions by equal percentage amounts, then a high-emitting nation like the United States that emits ghg at rate of 17.3 tons per capita would be allowed to emit at a level 10 times more per capita than a country like Vietnam that emits 1.7 tons of ghg per capita. (World Bank, 2012b) As a result, all nations have agreed that national targets must be based upon fairness or equity.

Given that the entire world has only 50 ppm of atmospheric space left to allocate to give the world a reasonable expectation of preventing dangerous climate change, the equitable and fairness dimensions of national ghg emissions reductions commitments become obvious and crucial to increasing the ambition of nations to reduce their ghg emissions. Yet most citizens seem completely unaware of the equity issues entailed by climate change and many high-emitting nations are ignoring their equitable responsibilities.

However, the ability of nations to ignore what equity requires of them will become more and more difficult as the world wakes up to the hard-to-imagine stringent carbon budget that the world must face to avoid catastrophe warming. In addition the longer nations wait to respond to climate change on the basis of equity, the more difficult it will be in the future to do so because the steepness of their emissions reductions pathways needed to comply with what equity requires increases the longer nations wait to respond appropriately.

References:

Anderson, Ken, (2012) , Climate Change Going Beyond Dangerous, Brutal Numbers, Tenous Hope,  http://whatnext.org/resources/Publications/Volume-III/Single-articles/wnv3_andersson_144.pdf

EPA, (2002), CO2 emissions by country (http://www.epa.gov/climatechange/emissions/)

Kunzig, Robert, (2013) National Geographic News,  Climate Milestone: CO2 Level Passes 400 ppm,  National Geographic, http://news.nationalgeographic.com/news/energy/2013/05/130510-earth-co2-milestone-400-ppm/

Morello, (2012), Global CO2 Emissions from Fossil-Fuel Burning Rise into High-Risk Zone, Scientific American, http://www.scientificamerican.com/article.cfm?id=global-co2-emissions-from

Open Source, (2013) http://ossfoundation.us/projects/environment/global-warming/what-we-dont-know

 World Bank, (2012), CO2 Emissions (Metric Tons Per Capita), http://data.worldbank.org/indicator/EN.ATM.CO2E.PC

United Nations Framework Convention on Climate Change  (UNFCCC), (1992), http://unfccc.int/essential_background/convention/background/items/1349.php

 

By:

Donald A. Brown

Scholar In Residence,

Sustainable Development Ethics and Law

Widener University School of Law

dabrown57@gmail. com

Agenda 21: A Guide for the Perplexed: Disinformation Campaign About Sustainable Development Emerges In the United States

Editor’s note: The following guest entry by Professor John Dernbach of Widener University School of Law is being reproduced here because it is a response to an emerging disinformation campaign about sustainable development that appears to be  growing in the United States recently. This attack on sustainability and reasonable land use planning raises many of the same ethical issues discussed frequently on Ethicsandclimate under the topic of “climate change disinformation campaign.” Future posts on this web site will further develop the ethical issues entailed by this kind of attack on sustainable development because such attacks raise ethical issues for climate change policy formation as climate change policies should consider environmental, economic, and social goals of policies, the essential idea of sustainable development. In the following post, Professor Dernbach explains the emerging disinformation campaign which untruthfully characterizes Agenda 21, the international agreement on sustainable development which was finalized at the 1992 Earth Summit in Rio de Janeiro. The attacks attempt to convince citizens and local and regional governments that reasonable land use planning is the implementation of a United Nations scheme that will decrease individual liberty and diminish property rights.  This post was originally posted on the website of the American College of Environmental Lawyers at http://www.acoel.org/post/2013/03/27/AGENDA-21-A-GUIDE-FOR-THE-PERPLEXED-.aspx

Agenda 21: A Guide for the Perplexed

At a local government meeting on a land use plan, officials hear opposition based on the claim that it is tainted by Agenda 21.  A state public utility commission considering smart meters hears similar claims.  They are confused: what is Agenda 21 and why does it matter?

A well organized campaign against Agenda 21, spread by the Tea Party, Glenn Beck, and the John Birch Society, exists well outside the realm of ordinary environmental law work.  But it is beginning to affect that work.  The real target of this campaign, moreover, is not Agenda 21 but sustainable development—a common sense approach to reconciling environment and development that provides the basis for our environmental and land use laws.  Environmental lawyers thus need a basic understanding of what Agenda 21 is and what it is not.

Agenda 21 is a comprehensive public strategy for achieving sustainable development. It was endorsed by the U.S. (under the presidency of George H.W. Bush) and other countries at the U.N. Conference on Environment and Development in 1992.  Agenda 21 stands for two broad propositions: 1) environmental goals and considerations need to be integrated into all development decisions, and 2) governments and their many stakeholders should work out the best way to integrate environment and development decisions in an open and democratic way.

Agenda 21 contains an almost encyclopedic description of the best ideas for achieving sustainable development that existed in 1992.  On land use, it specifically counsels respect for private property.    It contains a detailed description of the role that many nongovernmental entities, including business and industry, farmers, unions, and others, should play in achieving sustainability.

Agenda 21 endorses, and to a great degree is based upon, ideas that were already expressed in U.S. environmental and natural resources laws.  Its core premise is espoused in the National Environmental Policy Act of 1969.  Long before Agenda 21, NEPA set out “the continuing policy of the Federal government” to “create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans” (42 U.S.C. § 4331).

Ironically, Agenda 21 was never taken seriously as such in the United States; there has never been much enthusiasm here for following international agreements.  It is not a legally binding treaty; it contains no provisions for ratification, for example.  Agenda 21 also says nothing about new ideas like green building, smart growth, and smart meters.  But sustainable development as an idea—achieving economic development, job creation, human wellbeing, and environmental protection and restoration at the same time—is gaining traction.

In response, opponents are attacking sustainability by making false statements about Agenda 21.  They say that Agenda 21 is opposed to democracy, freedom, private property, and development, and would foster environmental extremism.  For many opponents, the absence of a textual basis in Agenda 21 for such claims (in fact, the text explicitly contradicts all of these claims) is not a problem.  First, they are attacking a document that is not well known, and so they count on not being contradicted.  Second, the false version of Agenda 21 fits a well known narrative that is based on fear of global governance and a perceived threat of totalitarianism, and on distrust of the United Nations.  Indeed, the absence of information to support such fears only deepens their perception of a conspiracy.  According to this view, moreover, people who talk about sustainable development without mentioning Agenda 21 are simply masking their true intentions.

Far-fetched, you say?  Well, consider this: in 2012, Alabama adopted legislation that prohibits the state or political subdivisions from adopting or implementing policies “that infringe or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to ‘Agenda 21’” (Ala. Code § 35-1-6).  This, of course, could chill a variety of otherwise ordinary state and local decisions.  Similar bills are pending in state legislatures across the country.

In a variety of other places, elected officials and professional staff who have worked with stakeholders for years to produce specific land use and energy proposals find their work mischaracterized as the product of Agenda 21, even though they have never heard of it.   Agenda 21’s lack of direct relevance to the specific proposals should, but does not always, provide an answer to such claims.

The campaign against Agenda 21 has no serious empirical or textual foundation.  But it can work against sustainability and good decisions—and cost time and money—when clients and their lawyers don’t recognize it for what it is.

By:

Professor John Dernbach

Distinguished Professor

Widener University School of Law.

On The Practical Need To Examine Climate Change Policy Issues Through An Ethical Lens

 

2-17 DC rally 9.jpg

Although infrequently,  one occasionally hears acknowledgement in US public discussions about climate change that human-induced warming is a moral issue.  US President Obama, for instance, recently acknowledged that the US Congress should act for the purpose of protecting future generations in his State Of the Union Address.

41wN6rzkX4LHardly ever, however, does the public debate about climate change policy acknowledge the significance for policy formation if climate change is a moral issue. In a new book, Climate Change Ethics: Navigating the Perfect Moral Storm, this writer examines the thirty year climate change policy debate in the United States in significant detail and concludes that climate change policy arguments for and against action on climate change have been exclusively argued in the languages of science and economics, technical languages that often pretend to be “value-neutral.” Ethical examination of policy options have been almost completely absent from the public debate and the US press has completely failed to cover the obvious ethical and justice issues raised by climate change despite the fact that some vulnerable nations have been raising justice issues in international negotiations for over twenty years.

In addition, even those who acknowledge that climate change is a moral problem often argue that the only way to get US citizens to respond to climate change is to appeal to their self-interest.  Thus, these people often advise those trying to get US citizens to support climate change policies to talk about the adverse impacts to the US that are predicted to motivate support for climate change policies. That is, frequently one hears some claim that US citizens will not respond to ethical arguments about duties of the United States to not harm people in Africa or Asia.  For this reason, when potential adverse harms from climate change are discussed in the United States the examples given are most frequently climatic events in the United States such as hurricanes Katrina and Sandy or droughts in the US Midwest. Very rarely are links between US greenhouse gas emissions and killer droughts, floods, storms and sea rise around the world discussed during US climate change debates   Even rarer are  ethical issues identified when specific proposals for climate change legislation or policies are under discussion in the public media.

It would appear that, to the extent that climate change is understood to be a moral issue in the United States, it is understood solely as a potential motivating consideration for taking any action on climate change.  For many there is no practical value in making moral arguments because appeals to self-interest are deemed to be stronger motivating influences.  And so, even those that see climate change as an ethical and moral concern often ignore the moral dimensions of climate change when arguing on behalf of climate policies.

new book description for website-1_01Given this reality, one might ask why is it practically important to see climate change policy issues as raising important ethical issues.

 

As we have explained frequently on Ethicsandclimate.org, climate change is a problem with features that particularly require that it be seen as an ethical problem even more than other environmental problems. Those features include that it is a problem that is being caused by some people in one part of the world who are putting others in another part of the world who have often done little to cause the problem at great risk.  Secondly the harms to those at most risk are not mere inconveniences but catastrophic harms to life and natural resources on which life depends.  Finally climate change is a problem of about which the victims can do little to protect themselves by petitioning their governments. The victims’ best hope is that the those high-emitters causing the problem will see that they have duties to the victims to avoid harming them. And so, the ethical dimensions of climate change are important to understand because unless those nations and individuals that are emitting greenhouse gases at high levels reduce their emissions in accordance with their ethical obligations, climate change will exacerbate the injustice in the world and cause great harm to hundreds of millions that have done little to cause the problem.

And so, people around the world should respond to climate change in accordance with their ethical obligations because it is the right thing to do.  Yet in addition to the moral reason for acting ethically, there are numerous practical reasons for framing climate change policy issues through an ethical lens because these policy questions cannot be thought about clearly without an ethical framing.

Ethicsandclimate.org has sought to identify and examine ethical issues that must be faced in climate change policy formation. This site now includes over 100 articles and 11 videos that look at ethical issues that have arisen in the discussions about climate change policies over the last six years.

As we have demonstrated in Ethicsandclimate.org, the following controversies entailed by the need to develop policy on climate change cannot be thought about critically and clearly without considering the ethical dimensions of these issues:

  1. Setting an atmospheric greenhouse gas stabilization target. (Ethical issues in setting an a ghg atmospheric stabilization level include the need to protect the most vulnerable around the world in the face of scientific uncertainty about climate sensitivity.)
  2. The selection of a warming limit for implementation of the  United Nations Framework Convention on Climate Change. (Ethical issues that must be  faced include the need to protect the most vulnerable given that any increases in global temperatures will harm some people in some places and scientific uncertainty about where thresholds that will trigger rapid non-linear climate system responses are not known precisely. These question raise clear ethical issues.)
  3. Allocating responsibility among nations, sub-national governments, organizations, businesses, and individuals to reduce the threat of climate change. (This issue entails numerous ethical issues that cannot be avoided in policy formation in regard to how to allocate responsibility for greenhouse gas emissions reductions given differences among nations, sub-national governments, organizations, businesses, and individuals  in emissions on a per capita basis, historical responsibility, and financial ability to take action among other ethical considerations.)
  4. Economic arguments in opposition to or in support of climate change policies. (There are numerous ethical problems with economic arguments that are frequently made against climate change policies on economic grounds including the implicit denial of obligations, responsibilities, and duties to not harm others, the implicit rejection of the well established international law norm that polluters should pay for the harms of pollution, the inapplicability of cost arguments if the harms are violating human rights, numerous  ethical problems with “cost-benefit” analysis that are used to justify non-action on climate change including the frequent failure to disaggregate harms and benefits, issues with the discounting future benefits and numerous other ethical problems with some costarguments made in opposition to climate change policies.)
  5. Scientific uncertainty arguments in opposition to or in support of climate change policies. (Decision-making in the face of scientific uncertainty raises numerous ethical issues including who should have the burden of proof, what quantity of proof should satisfy the burden of proof, and do potential victims of climate change impacts about which there is some uncertainty have rights to participate in decisions that could adversely affect them, and many others.)
  6. The climate change disinformation campaign compared to responsible climate change scientific skepticism. (The well-documented climate change disinformation campaign that has flourished in the United States and several other countries for the last 20 years raises numerous ethical questions including ethical problems with telling untruths about climate change science, ethical questions about norms that should be followed by responsible skepticism, whether the disinformation campaign is some kind of new assault against humanity and many others.)
  7. Who should be responsible for needed adaptation to climate change? (The need for adaptation particularly in poor vulnerable countries raises numerous ethical questions about who should be responsible for adaptation costs, how to prioritize adaptation needs, and who gets to decide how funding will distributed among adaptation needs among others.)  
  8. Who should be responsible for loss and damages from climate change? (Because  damages and losses from climate change are being experienced by some people around the world that have been caused by the activity of others, determining  criteria for who should pay for damages and losses are ethical matters.)
  9. Whether politicians can ethically rely on their uninformed opinion of climate change science to justify their position on climate change policies. (Politicians who have the power to prevent their constituents from harming others through the release of greenhouse gases have ethical duties not to rely upon their own uninformed opinion about climate change science.) 
  10. The justifiability of commercials and advertising designed to influence citizens about the need to adopt climate change policies. (Fossil fuel companies and others with economic interests in preventing climate change policies from being enacted may not ethically mislead the general public on the science of climate change in advertising campaigns.)
  11. The extent to which high-emitting entities may rely on self-interest as justification for reducing the threat of climate change. (No high emitters of greenhouse gases may justify their emissions on self-interest based arguments alone, something they frequently do, but must acknowledge that they have duties, responsibilities, and obligations to reduce the threat of climate change.)
  12. Issues raised by technical solutions to climate change such as geological carbon sequestration, nuclear power, geo-engineering, wind power, and solar power. (All technical solutions to climate change including biofuels, geo-engineering, nuclear, wind, solar, and other renewables have some negative impacts that need to be ethically evaluated in the context of the enormous adverse impacts caused by climate change.)
  13. Whether nations may wait to take action on climate change on the basis that new less costly technologies to reduce the threat of climate change. (Whether a nation may wait to reduce greenhouse gas emissions that exceed its fair share of safe global emissions on the basis that new less costly technologies will be invented latter is an ethical matter.)
  14. Whether a nation may justify its refusal to take action to reduce the threat of climate change on the basis that other nations have not acted. (This justification for not taking action is deeply ethically problematic.)
  15. Issues raised by cap and trade systems for managing greenhouse gas emissions. (Cap and trade regimes raise numerous ethical issues including questions of distributive justice about how allowances are allocated, issues about the environmental sufficiency of the cap and trade regime, and how to resolve conflicts between environmental sufficiency and minimizing transaction costs among other issues.)
  16. The positions of individual politicians about climate change. (Politicians supporting or opposing specific climate change policies frequently raise issues that can only be critically evaluated through an ethical lens.)
  17. The role and responsibility of the media in reporting on climate change issues. (Given the enormous amount of potential harm from human-induced warming and a well-organized and well-funded  disinformation campaign to undermine climate change science, ethical issues about journalistic norms for reporting on climate change science have arisen.)
  18. The appropriateness of attributing certain potential climate change impacts to human causation such as tornadoes and hurricanes. (Some potential climate change impacts such as the frequency and intensity of hurricanes and tropical storms are not yet fully understood, however, once it is established by the scientific community that these impacts are plausible but not yet proven, ethical questions arise about whether these potential impacts should be identified in discussions about policy formation.)
  19. Procedural rights of victims of climate change to participate in climate change decisions. (Occasionally nations have chosen not to reduce greenhouse gas emissions on the basis of scientific uncertainty or cost to their economy without consulting the potential victims of climate change in ways that raise questions of procedural justice.)
  20. The positions nations have taken in international climate change negotiations. (Many nations have entered international climate negotiations taking positions based upon national economic self-interest and thus have ignored duties and responsibilities to others. An ethical analysis of these positions is needed to identify ethical problems with these positions.)
  21. The evaluation of outcomes of Conferences of the Parities under the United Nations Framework Convention on Climate Change. (The evaluation of whether any outcome of any international negotiating session under the UNFCCC is acceptable is, at least in part, a matter of whether the parties have made commitments consistent with their ethical obligations.)
  22. The application of international legal norms to climate change policies. (The development of an international climate regime on climate change should be informed by numerous international norms that have ethical significance including the “no harm,” “precautionary,” and “polluter pays” principles, and numerous soft-law principles on human rights and duties of sovereign states. The application of these principles to any climate proposed change regime raises ethical questions)
  23. Human rights and climate change. (If climate change prevents human rights from being enjoyed by sone people around the world, ethical analysis is necessary to evaluate what justifications for national positions on climate change are acceptable.)
  24. The creation of climate change law. (Nations around the world are considering new laws on climate change. Although there are differences between legal and moral obligations, laws should be consistent with ethical obligations.)

And so, an ethical framing of climate change issues is practically necessary to evaluate numerous policy issues that arise in climate change policy formation.

By:

Donald A. Brown

Scholar In Residence,

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com