Ethics and Climate

Donald Brown

Ethics and Climate - Donald Brown

Why the US Academy of Science and the Royal Academy’s Easy To Understand Report On Climate Change Science Has Ethical Significance

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The National Academy of Sciences and its British counterpart, the Royal Society, have published  Climate Change: Evidence and Causes, a very easy to understand primer on the science of greenhouse-driven global warming. Although there is not a lot new in this report as a matter of science, it makes the strong scientific consensus on human-induced climate change that has existed for some time clearer and more accessible for non-scientists particularly on the major issues that need to be understood by policy-makers and interested citizens.  The report is written in simple language and filled with pictures and graphs which illustrate why almost all mainstream scientists actually engaged in climate change science are virtually certain that human activity is causing very dangerous climate change.

This report is ethically significant because:

a. It is a report of two of the most prestigious scientific institutions in the world, namely US National Academy of Sciences and the British Royal Society. Because of the prestige of both of the institutions writing this report, those opposing actual climate change have an ethical duty to acknowledge that the scientific basis supporting action on climate change is entitled to respect. They cannot reasonably claim that there is no strong scientific basis for policy action on climate change or even worse that climate change science is a “hoax.”  Which institutions have made claims that humans are engaged in dangerous behavior has ethical significance. If, for instance, someone is told by an expert in toxicology that chemicals he or she is discharging into a water supply will kill people, he or she has more of an ethical duty to stop discharging the chemicals until the issue of toxicology issues are resolved than they would if the claim about poisoning came from a religious leader or a tax accountant. When claims about danger are made by world-class scientific experts, as a matter of ethics, the burden of proof shifts to those potentially harming others to show that their behavior is not dangerous.

Skepticism in climate science should still be encouraged, but skeptics must play by the rules of science including: (a)  subjecting all claims contradicting the mainstream scientific view on climate change to peer-review, (b) subjecting claims that humans are not causing dangerous climate impacts to review by scientific institutions that have sufficient broad interdisciplinary expertise among its members to review such claims against all the contrary evidence from all relevant scientific disciplines, and (c) acknowledging all the contradictory evidence. Given the enormity of harms to citizens around the world and future generations predicted by mainstream scientists, those who seek to undermine proposed climate change policies on scientific certainty grounds should be understood to have the burden of proof to show by high levels of proof that human-induced climate change is not dangerous.

b. The report includes clear explanations of the scientific evidence in regard to specific justifications for not taking action on climate change very frequently made by those who oppose climate change policies. These justifications and responses to them include, for instance:

Justification 1

Scientists don’t know that recent climate change is largely caused by human activities?

Report says:

Scientists know that recent climate change is largely caused by human activities from an understanding of basic physics, comparing observations with models, and fingerprinting the detailed patterns of climate change caused by different human and natural influences.

Direct measurements of CO₂ in the atmosphere and in air trapped in ice show that atmospheric CO₂ increased by about 40 percent from 1800 to 2012. Measurements of different forms of carbon reveal that this increase is because of human activities.

Justification 2

The recent slowdown of warming means that climate change is no longer happening?

Report says:

No, recent weather is not evidence that warming is not happening. Since the very warm year 1998 that followed the strong 1997-1998 El Niño, the increase in average surface temperature has slowed relative to the previous decade of rapid temperature increases. Despite the slower rate of warming, the 2000s were warmer than the 1990s. A short-term slowdown in the warming of Earth’s surface does not invalidate our understanding of long-term changes in global temperature.

Justification 3

CO₂ is already in the atmosphere naturally, and so human emissions are not significant.

Report says:

Human activities have significantly disturbed the natural carbon cycle by extracting long-buried fossil fuels and burning them for energy, thus releasing CO₂ into the atmosphere.

 Justification 4

Variations in output from the sun have caused the changes in the Earth’s climate in recent decades.

Report says:

The sun provides the primary source of energy driving Earth’s climate system, but its variations have played very little role in the climate-changes observed in recent decades. Direct satellite measurements since the late 1970s show no net increase in the sun’s output while, at the same time, global surface temperatures have increased.

Justification 5

If the world is actually warming, some recent winters and summers would not have been so  cold?

Report says:

Global warming is a long-term trend, but that does not mean that every year will be warmer than the previous one. Day-to-day and year-to-year changes in weather patterns will continue to produce some unusually cold days and nights, and winters and summers, even as the climate warms.

Justification 6

A few degrees of warming is not cause for concern.

Report says:

Even though an increase of a few degrees in global average temperature does not sound like much, global average temperature during the last ice age was only about 4°C to 5°C (7 °F to 9 °F) colder than now. Global warming of just a few degrees will be associated with widespread changes in regional and local temperature and precipitation, as well as with increases in some types of extreme weather events.

These are only a few of the justifications that have been made by those denying responsibility to reduce the threat of climate change that are directly and clearly refuted in the report.

c. The report also has ethical significance because its so clear that policy makers cannot reasonably claim that there is no scientific evidence about the major issues of concern to the climate change scientific community. As we have explained on this website, policy-makers may not, as a matter of ethics, rely on their own uninformed opinion about climate change  science once they are informed by respectable scientific organizations that people and organizations  within their jurisdiction are likely harming others around the world. This responsibility to not rely upon their own uninformed opinions increases when there are easy to understand explanations from respected scientific institutions of the scientific basis for concluding that people within their jurisdiction are harming others. The new report from the US Academy of Sciences and the Royal Society is such a clear explanation.  And so government officials have a strong duty to go beyond their own uninformed opinion about whether humans are causing dangerous climate change. They must justify their refusal to act on strong, peer-reviewed scientific evidence that is accepted by mainstream scientific institutions that have the breadth of expertise to consider the interdisciplinary scientific issues that make up climate change science.

nw book advd.  Because politicians have an affirmative duty to rely upon mainstream scientific views in regard to human activities that could cause great harm until peer-reviewed science establishes that the mainstream view is erroneous, the press has a journalistic duty to help citizens understand the limitations of any politician’s views that opposes action on climate change on scientific grounds particularly when there are  easy to understand explanations of climate change science such as that in the new US National Academy and Royal Academy report. The new report will enable the press to fulfill its journalistic responsibilities by asking more precise and clearer questions of those who deny the mainstream scientific view.

For these reasons, the new report is ethically significant.

By:

Donald A. Brown

Scholar in Residence and Professor

Sustainability Ethics and Law, Widener University School of Law,

dabrown57@gmail.com

New Study Concludes That Tracking Funding Of The Ethically Abhorrent Climate Disinformation Campaign Is Now Impossible.

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A new peer-reviewed study by Dr. Robert Brulle from Drexel University documents how the funding of the climate change disinformation campaign has shifted in the last few years from corporations and some politically conservative foundations to pass-through 501(c) (3) foundations like Donors Trust and Donors Capital, whose funders cannot be traced.

Ethics and Climate Change has explained in great detail in 13 separate articles available in the Start Here and Index tab on this site under “Disinformation Campaign and Climate Ethics” why the climate change disinformation campaign is ethically abhorrent, and, in fact, is some new kind of crime or assault against humanity, gross human rights violation, or other kind of villainy. This is so, as explained in these articles, because although skepticism in science should be encouraged, the climate change disinformation campaign has engaged in tactics which can’t be understood as responsible skepticism. These tactics have included: (1) lying or reckless disregard for the truth about mainstream climate change science, (2) cherry-picking climate science, (3) making specious claims about “bad” science, (4) focusing on what is unknown while ignoring what is not in dispute about climate change science, (5) using think tanks, front groups, and AstroTurf organizations to hide the real parties in interest, (6) manufacturing bogus science in conferences or publishing  in non peer-reviewed journals, (7) hiring public relations firms to convince citizens that there is no basis for mainstream scientific conclusions about climate change, and (8) cyber-bullying climate scientists and journalists. These tactics are not responsible skepticism but morally abhorrent misinformation.

The new study reviews the sociological literature on the climate change disinformation campaign while examining what is known about funding for this phenomenon.  Major conclusions of the study include:

  • Conservative foundations have bank-rolled denial. The largest and most consistent funders of organizations orchestrating climate change denial are a number of well-known conservative foundations, such as the Searle Freedom Trust, the John William Pope Foundation, the Howard Charitable Foundation and the Sarah Scaife Foundation. These foundations promote ultra-free-market ideas in many realms.
  • Koch and ExxonMobil have recently pulled back from publicly visible funding. From 2003 to 2007, the Koch Affiliated Foundations and the ExxonMobil Foundation were heavily involved in funding climate-change denial organizations. But since 2008, they are no longer making publicly traceable contributions.
  • Funding has shifted to pass through untraceable sources. Coinciding with the decline in traceable funding, the amount of funding given to denial organizations by the Donors Trust has risen dramatically. Donors Trust is a donor-directed foundation whose funders cannot be traced. This one foundation now provides about 25% of all traceable foundation funding used by organizations engaged in promoting systematic denial of climate change.
  • Most funding for denial efforts is untraceable. Despite extensive data compilation and analyses, only a fraction of the hundreds of millions in contributions to climate change denying organizations can be specifically accounted for from public records. Approximately 75% of the income of these organizations comes from unidentifiable sources..

The new study also concludes that the climate change disinformation campaign is what is known in the sociological literature as a “counter-movement.” Social movements such as that which has arisen to reduce the threat of climate change are often opposed by a “counter-movement” which seeks to undermine the goals of the social movement. Social movements usually seek to frame public policy issues as matters requiring government action while counter-movements work to frame the issue in the mind of the public to undermine the case for government action. This creates cultural contests over the appropriate frame for the public advocated by social movements and counter-movements.

new book description for website-1_01Counter-movements are “networks of individuals and organizations that share many of the same objects of concern as the social movements that they oppose. They make competing claims on the state on matters of policy and politics and vie for attention from the mass media and the broader public. Counter-movements seek to maintain the currently dominant frame and thus maintain the status quo by opposing, or countering, the efforts of movements seeking change. Significantly, counter-movements typically originate as the social change movement starts to show signs of success in influencing public policy, and threatening established interests.  These counter-movements typically represent economic interests directly challenged by the emergent social movement.”

According to Brulle, the climate change disinformation campaign is a well-funded and organized counter-movement effort to undermine public faith in climate science and block action by the U.S. government to regulate emissions. This counter-movement involves a large number of organizations, including conservative think tanks, advocacy groups, trade associations and conservative foundations, with strong links to sympathetic media outlets and conservative politicians. 

The new study also identifies the level of funding to the major organizations engaged in the climate change disinformation campaign and the amount of funding being provided to these organizations. The study ranks these organizations as follows with funding amounts in millions:

  • American Enterprise Institute for Public Policy Research, $86.7, 16%
  • Heritage Foundation, $76.4, 14%
  • Hoover Institution on War, Revolution and Peace, $45.4, 8%
  • Manhattan Institute Policy Research, $33.1, 6%
  • Cato Institute, $30.6, 5%
  • Hudson Institute, $25.5, 5%
  • Altas Economic Research Foundation, $24.5, 4%
  • Americans for Prosperity Foundation, $22.7, 4%
  • John Locke Foundation, $18.0, 3%
  • Heartland Institute, $16.7, 3%
  • Reason Foundation, $15.0, 3%
  • Media Research Center, $14.5, 3%
  • Mercatus Center, $14.3, 3%
  • National Center for Policy Analysis, $13.9, 3%
  • Competitive Enterprise Institute, $12.5, 2%
  • State Policy Network, $12.0, 2%
  • Pacific Research Institute for Public Policy, $11.4, 2%
  • Independent Womens Forum, $7.4, 1%
  • Landmark Legal Foundation, $7.0, 1%
  • FreedomWorks Foundation, $5.3, 1%
  • 49 Other Organizations < 1%, $63.7, 11%

The new report also identifies foundation funding source of these organizations and ranks them as follows in millions:

  • Donor Trust/Donors Capital Fund, $78.8, 14%
  • Scaife Affiliated Foundations, $39.6, 7%
  • The Lynde and Harry Bradley Foundation, $29.6, 5%
  • Koch Affiliated Foundations, $26.3, 5%
  • Howard Charitable Foundation, $24.8, 4%
  • John William Pope Foundation, $21.9, 4%
  • Searle Freedom Trust, $21.7, 4%
  • John Templeton Foundation, $20.2, 4%
  • Dunn’s Foundation for the Advancement of Right Thinking, $13.7, 2%
  • Smith Richarson Foundation, Inc., $13.5, 2%
  • Vanguard Charitable Endowment Program, $13.1, 2%
  • The Kovner Foundation, $12.8, 2%
  • Annenberg Foundation, $11.3, 2%
  • Lily Endowment Inc., $10.3, 2%
  • The Richard and Helen DeVos Foundation, $10.0, 2%
  • ExxonMobil Foundation, $7.2, 1%
  • Brady Education Foundation, $6.8, 1%
  • The Samuel Roberts Foundation, Inc., $6.7, 1%
  • Coors Affiliated Foundations, $6.2, 1%
  • Lakeside Foundation, $5.8, 1%
  • Herrick Foundation, $5.7, 1%
  • 118 Others < 1%, $170.4, 31%

Because much of the funding for the climate change disinformation campaign has shifted to organizations that prevent tracing the actual donors who are  receiving a tax deduction for their contributions, a case can be made that tax payers are paying for the disinformation campaign.  The new funding scheme also prevents citizens from knowing where the funding is coming from, facts which are necessary to understand who the parties in interest are behind the counter-movement. Because the tactics of the disinformation are so ethically reprehensible, the new funding scheme most likely shields large funders from public scrutiny that would reveal ethically abhorrent behavior.

By:

Donald A. Brown

Scholar In Residence and Professor, Sustainability Ethics and Law

Widener University School Of Law

Part-time Professor, Nanjing University School of Information Science and Technology, Nanjing, China

dabrown57@gmail.com

 

 

 

 

 

 

The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part Two: Is The Disinformation Campaign a Human Rights Violation Or A Special Kind of Malfeasance, Transgression, Villainy, Or Wrongdoing ?

This is the second in a series looking at how to classify the climate change disinformation campaign given that it is some new kind of assault on humanity,  yet not easily classifiable into existing categories of behaviors that cause great harm.  Part One of this series identified four prior articles and three videos that Ethicsandclimate.org has previously produced on this subject as well as looking at whether this effort to undermine the mainstream scientific view about climate change can be classified as a crime against humanity or a tort under common law.  These previous articles distinguished the tactics of the disinformation campaign from responsible skepticism and the acceptable exercise of free speech after explaining what is meant by the “climate change disinformation campaign” and how it operated.

I. Is The Climate Change Disinformation Campaign A Human Rights Violation?

A. Introduction

A very strong case can be made that human-induced climate change triggers human rights violations because of the destructive nature of climate change damages. If human rights are to be understood to be recognition of those norms that are necessary to protect human dignity, inadequate climate change policies must be understood to trigger human rights violations because climate change will not only make human dignity impossible for millions of people around the world, including countless members of future generations but also directly threaten life itself and resources necessary to sustain life. And so, as we shall see,  climate change causing activities create human rights violations because of the enormity of harm to life, health, food, property, and inviolability of the right of all people to enjoy the places where they live.

Yet finding legal remedies under human rights legal theories for the the destructive role that the disinformation campaign has played in preventing or delaying solutions to climate change will require finding at a minimum: (a) a specific human right under and an existing human rights regime that has been violated by climate change, (b)  a human rights regime that has the jurisdiction and legal authority  to grant the requested remedy in the specific human rights controversy before it, (c)  a legal theory supporting the claim that non-state actors, not just governments, responsible for the violations of human rights have duties to prevent human rights, and (d) a legal justification to link the duties of non-state actors to prevent human rights violations to the activities of the disinformation campaign.

B. Which human rights are violated by climate change and do human rights fora have the authority to adjudicate claims based upon the tactics of the disinformation campaign? 

The 1948 Universal Declaration of Human Rights (UDHR) is usually viewed to be the foundational document in modern international human rights law. (UN, 1948). The UDHR is a non-binding ‘soft-law’ agreement among nations that over time has been complemented by a series of legally binding international treaties while retaining its status as customary international law. Because it is customary international law it could be relevant to damage claims made in civil litigation requesting damages in cases before international courts such as the International Court of Justice.

The two most important global human rights treaties in addition to the UDHR often stated to be the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).

The Universal Declaration on Human Rights identifies the following as entitled to rights protections that are relevant to climate change:

 (a) Life, liberty, and security of person. (Article 1)

(b) Right to an effective remedy by national tribunals for violations of fundamental or constitutionals rights. (Article 8)

(c) Full equality to a fair public hearing by an independent and impartial tribunal, in the determination of a person’s rights and obligations. (Article 10)

(d) Freedom from arbitrary interference with privacy, family, home or correspondence. (Article 12)

(e) Freedom from being arbitrarily deprived of property. (Article 17)

(f) Right to a standard of living adequate for the health and well being of himself and his family, including food,  clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (Article 25)

(g) Rights to a social and international order in which the rights and freedoms can be fully recognized. (Article 28) (UN1948)

 The International Covenant on Economic, Social, and Cultural Rights (ICESCR) identifies the following as entitled to rights protections relevant to climate change protections:

 (a) The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. (Article 11)

(b) The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:

a. To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

b. Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

(c) The right of everyone to the enjoyment of the highest attainable standard of physical and mental health… The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:… (c) prevention, treatment  and control of epidemic, endemic, and occupational and other diseases. (Article 12)

The International Covenant on Civil and Political Rights (ICCPR) identifies the following as entitled to rights protections that are relevant to climate change protections:

(a) Inherent Right to Life. This right shall be protected by law. (Article 5)

(b) Right to be protected from arbitrary and unlawful interference with his privacy, family, home…. (Article 15)

A strong case can be made that climate change prevents people all around the world from enjoying the above rights.

These three documents i.e. the UDHR, the ICESCR, and the ICCPR are often considered to be the foundational documents that comprise an international bill of rights. Yet not all nations have adopted all three documents. Although the UDHR has been accepted by most nations of the world, the ICPCR and ICCPR have been less widely so.  In fact the ICESCR has not been ratified by the United States and therefore may be inapplicable to climate change caused human rights violations in the United States. To date, these two treaties have been ratified by about 75 percent of the world’s countries.  The UDHR is a “soft-law” document which has normative,  but not legal force in the international system. The ICESCR and ICCCPR  were the first of many treaties that have been enacted to give the protections identified in the UDHR the force of law.

A country ratifying a UN human rights treaty agrees to respect and implement within domestic law the rights the treaty covers. It also agrees to accept and respond to international scrutiny and criticism of its compliance. It does not necessarily agree to make the human rights norm directly enforceable in domestic courts. That usually requires implementing legislation.

Treaty enforcement is accomplished within the UN often with the creation of a body to monitor states’ performance, and to which member states are required to submit periodic reports on compliance.   For instance, the ICCPR is implemented through the Human Rights Committee (HRC) which was created to promote compliance with its provisions. The HRC frequently expresses its views as to whether a particular practice is a human rights violation, but it is not authorized to issue legally binding decisions.   Other treaties and bodies exist within the UN system with varying enforcement and implementation powers and duties to implement human rights goals.  For the most part, these enforcement powers are weak and  improvements in human rights violations are best achieved through holding offending nations to the court of international opinion rather than law.

In addition, several regional human rights regimes have been enacted that promote human rights in particular parts of the world. These regions include Europe, the Americas, and Africa which have their own declarations and conventions for enforcement of human rights on a regional basis.

Thus far no one has successfully brought a human rights claim for climate change caused damages although the Inuit Peoples filed such a claim in the Inter-American Commission on Human Rights. Before a successful human rights claim can be brought in an existing legal forum in regard to climate change, several potential legal hurdles need to be overcome that have little to do with whether a nation or an individual  has committed a human rights violation. These hurdles include jurisdictional, issues, questions of proof, and authority of the relevant forum.  For this reason, the failure to successfully bring legally recognized human rights claims may have little to do with whether the offending behavior has created a violation of the protected right but more with the limitation of the existing legal regime. And so, the failure to bring a successful action against the climate change disinformation campaign in an existing human rights forum does not mean the disinformation campaign is not responsible for human rights violations.

Examining climate change through a human rights lens has the benefit of providing potential access to legal fora that have been created to adjudicate aspects of human rights violations. Given that there are no obvious legal fora to bring civil actions against those who have participated in the climate change disinformation campaign, pursuing remedies for human rights violations caused by climate change has the advantage of being able to file legal claims in existing judicial fora.

Potential fora include, at the global level, the Human Rights Committee established by the International Covenant on Civil and Political Rights and the Committee on Economic, Social and Cultural Rights established by the International Covenant on Economic, Social and Cultural Rights. Regional tribunals include the Inter-American Commission and Court of Human Rights and the European Court of Human Rights. In addition, claims could potentially be pursued in national courts–for example, in the United States under the Alien Tort Statute.

Yet each of these fora have different jurisdictional limits on bringing legal actions on human rights basis. In this regard, a case brought on behalf of the Inuit Peoples in the Inter-American Commission on Human Rights sought to find that the United States was responsible for international human rights violations is illustrative of potential road blocks to bringing successful cases for human rights violations in existing legal rights fora.

The petition detailed the effects of rising Arctic temperatures on the ability of the Inuit to enjoy a wide variety of human rights, including the rights to life (melting ice and permafrost make travel more dangerous), property (as permafrost melts, houses collapse and residents are forced to leave their traditional homes) and health (nutrition worsens as the animals on which the Inuit depend for  sustenance decline in number). The petition connected the rising temperatures to increasing levels of greenhouse gases, and in particular, to the failure by the United States to take effective steps to reduce its emissions.

In November 2006, the Commission informed the petitioners
that it had determined that “it will not be possible to process your
petition at present.” The IACHR did not explain its reasoning, stating only that “the information provided does not enable us to determine whether the alleged facts would tend to characterize a violation of [protected human] rights.” The Commission did hold a hearing on the connection between climate change and human rights in March 2007, but it has taken no further action.

It would appear that IACHR did not believe it had the legal authority to order the specific relief requested by the petitioners, namely to issue an order to the United States to reduce its greenhouse gas emissions. And so the IACHR did not decide the case on the merits of the underlying claim that the United States had contributed to human rights violations of the Inuit people, it appeared to decline to act on the basis of legal issues about its own authority.

(B) Do the duties to prevent human rights violations bind  non-state actors including corporations?

It is not clear as of yet the extent to which human rights regimes create duties for individuals and corporations, that is non-state actors. Bodansky summarizes the current state of this legal question.

[A] crucial question is whether the duties to respect, protect and fulfill apply to private actors as well as states. International criminal law demonstrates that international law can in some case impose duties directly on individuals, and some have proposed that corporations have duties to respect human rights. So, at least in theory, human rights law could impose a duty on private actors to respect human rights by limiting their emissions of greenhouse gases. But generally, human rights law – like international environmental law – imposes duties on states rather than on corporations. If this is true of climate change,then human rights law limits the activities of non-state actors only to the extent that states have a duty to protect against climate change by regulating private activities.

And so, it is not clear whether the corporations that have participated in the disinformation campaign can be sued in the various human rights tribunals, yet nations may have a duty to regulate emissions from those corporations participating in the climate change disinformation campaign under human rights theories.

(C) Are  the participants in the disinformation campaign liable for contributing to human rights violations? 

A final issue that needs to be overcome to successfully bring a legal action against the participants in the disinformation campaign for violating civil rights of people around the world is identifying a legal basis for concluding that the disinformation campaign unlawfully caused the violation of civil rights. Because most of the participants in the disinformation campaign are corporations that are also emitters of greenhouse gases, these corporations like all greenhouse gas emitters arguably have duties to reduce their greenhouse gas emissions to levels that in combination with other emitters do not deprive people around the world from enjoying legally protected rights. Yet it is not clear, that the tactics of the disinformation campaign alone make the participants in the disinformation campaign responsible for human rights violations by themselves.

However, most governments make it a crime for individuals to conspire to deprive people of their human rights. For instance, under US law it is a crime for persons to conspire to deprive another of the  rights of an individual that has been secured by the individual through the United States Constitution or through any other laws of the United States. Although this specific law has not been tested in regard to climate change, it is generally viewed to be a breach of civil and sometimes criminal law to conspire to deprive people of their rights. As we saw in Part One of this series, the Plaintiffs in the case of Kivalina versus ExxonMobil et al asserted that the fossil fuel companies that have been part of the disinformation campaign conspired to harm the residents of Kavalina. And so there may be sufficient facts about the disinformation campaign that could form the basis of a claim that if proven could be the basis for finding responsibility for individuals participating in the climate change disinformation campaign yet only an actual case will test this possibility.

(D) Conclusions in regard to classifying the disinformation campaign as a violation of human rights.

There is little question that the more than 20 year delay in taking action on climate change in the United States for which the disinformation campaign is at least partially responsible for has prevented people around the world from enjoying a host of human rights that are now recognized in a variety of human rights regimes around the world. Yet, as was the case in categorizing the disinformation as a crime against humanity or a common law tort, there may be no existing legal remedy under existing human rights law that can be deployed to deal with the harms created by those  participating in the disinformation campaign. And so once again, there may be serious deprivations of human rights caused by the disinformation campaign without legal remedies. Only time will tell whether those who have been harmed by climate change will be able to successfully bring a legal action against those engaged in the disinformation campaign for damages.

II. What Kind of Malfeasance, Transgression, Villainy, Or Wrongdoing is The Behavior of the Disinformation Campaign?

We have seen thus far from the previous analysis in this two part series that there may be no legal remedy under existing law relating to crimes against humanity, civil tort, or human rights law for the harms caused by the climate change disinformation campaign. Yet the harms attributable to the disinformation campaign are so potentially catastrophic to hundreds of millions of people around the world that laws relating to crimes against humanity, civil tort, and human rights should be amended to provide legal sanctions under these legal theories for at least for the more egregious tactics that have sometimes been deployed by some participants in this campaign.

Yet there is no doubt that some of the tactics deployed by the disinformation campaign, to be distinguished from responsible skepticism that should be encouraged, constitute some kind of malfeasance, transgression, villainy, or wrongdoing. To understand the full moral abhorrence of the disinformation campaign, a complete description of the tactics employed by the disinformation campaign is necessary and how the moral abhorrence of these tactics can be distinguished from the reasonable exercise of free speech, the right of individuals to express opinions, and the benefits to society from skeptical inquiry.  Ethicsandclimate.org reviewed these issues in four articles and three videos. These prior articles explained what is meant by the disinformation campaign, distinguished the tactics of the campaign from responsible scientific skepticism which should be encouraged, and described how the disinformation campaign was funded and organized.

The four part written series can be found at:

1. Ethical Analysis of the Climate Change Disinformation Campaign: Introduction to a Series.

2.Ethical Analysis of the Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups.

3.Ethical Analysis of Disinformation Campaign’s Tactics: (1) Think Tanks, (2) PR Campaigns, (3) Astroturf Groups, and (4) Cyber-Bullying Attacks.

4. Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign.

The three part video series can be found at:

Why The Climate Change Disinformation Campaign Is So Ethically Abhorrent.

The Ethical Abhorrence of The Climate Change Disinformation Campaign, Part 2.

The Ethical Abhorrence of the Climate Change Disinformation Campaign, Part 3.

We particularly recommend the first video for an overview of why the disinformation campaign is so morally abhorrent. Here it is:

httpv://www.youtube.com/watch?v=qPdMFYMJ8dc

 

This video explains how destructive the disinformation campaign has been in preventing or delaying government action to reduce the threat of climate change.

In summary, at least some of the tactics of the climate change disinformation campaign are some new kind of assault on humanity which could be dealt with under expanded legal theories about crimes against humanity, civil tort, or human rights.

The philosopher Hans Jonas argued that the potential of new technologies to create great good and great harm creates the need to establish new social norms about how to deal with scientific uncertainty. Following Jonas’ logic, the enormity of potential harms from a problem like climate change creates the need to establish new norms about the need to be extraordinarily careful about claims that there is no danger threatened by certain human activities.  We have examined in the last of the four articles above, what these new norms might look like given the need to encourage responsible skepticism yet assure that assertions that there is no danger are made responsibly. Because the climate change disinformation campaign deployed tactics that were designed to undermine the scientific basis that supported taking policy action to reduce the threat of climate change and in so doing used tactics that are ethically abhorrent, the climate change disinformation campaign should be used to develop new legal and moral norms about the need to be responsible when discussing very dangerous human activities. Just as it would be morally abhorrent for someone to tell a girl who is lying on a railroad track that she can continue to lie there because no train is coming when that person did not have reliable knowledge that no train was coming while having an economic interest in the girl staying on the track,  so it is deeply ethically troublesome for those engaged in the disinformation campaign to tell the US people that there is no evidence that fossil fuels are causing climate change without subjecting their claims to the rigor of peer-review.

By:

Donald A. Brown

Scholar In Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

Will Hurricane Sandy Remedy The US Media’s Grave Failures To Adequately Cover Climate Change?

 

 

(CBS News, 2012)

 

 

Hurricane Sandy is clearly responsible for a renewed interest in the American press about climate change.  For a  good sample of how the US media has, at least for the short-term, woken up to climate change see an excellent summary of  press coverage of links between Sandy and climate change on the website Residence on Earth at www.anothergreenblogg.wordpress.com,

Will this new interest in human-induced global warming lead to a cure of the grave US media failures to  communicate adequately to the American people the urgency and magnitude of the threat to the world entailed by climate change?

Some of the press coverage of climate change after Sandy is likely to improve. For instance, there is some hope after Sandy that the press will no longer ignore the monumental scale of the potential damages  to the United States as our planet continues to heat up.  As the Los Angeles Times recently reported:

Perhaps the most important message from Sandy is that it underscores the enormous price of underestimating the threat of climate change. Damage increases exponentially even if preparations are only slightly wrong. (Linden 2012)

And so Sandy may convince Americans that the threat of climate change is real and the damages of inaction are immense. However, there is very little evidence in the most recent reporting in the US press on Sandy and climate change that other grave failures of the American media to cover climate change will be remedied.  In fact US media reporting on climate change in the last few weeks has focused primarily on whether Sandy demonstrates that the threat of climate change is real.  Still missing  from mainstream media coverage of climate change are the 5 features on climate change that US citizens must understand to fully comprehend the urgent need of United States government to enact strong policies to reduce US emissions of greenhouse gases. As we have  explained in the last six articles on EthicsandClimate.org missing from US media coverage of climate change are:

  • the nature of the strong scientific consensus on climate change,
  •  a clear understanding of the magnitude and the urgency of total greenhouse gas emissions reductions necessary to prevent catastrophic warming,
  • a recognition a of the practical significance for policy that follows from an understanding that climate change is a civilization challenging ethical issue, 
  • acknowledgments  that the United States has been a significant barrier to finding a global solution to climate change for over 2 decades, and
  • an understanding of the nature of the well-organized, well-financed disinformation campaign that has been operating in the United States for over 20 years and that has been funded largely by fossil fuel interests and free market fundamentalist foundations.

EthicsandClimate.org has developed a video that summarizes these failures: Five Grave Communication Failures of the US Media on Climate Change that can be found at: http://blogs.law.widener.edu/climate/2012/10/15/five-grave-communications-failures-of-the-us-media-on-climate-change/

In previous entries, Ethicsandclimate.org examined the failure of the US media to communicate about: (a) the nature of the strong scientific consensus about human-induced climate change, (b) the magnitude of greenhouse gas emissions reductions necessary to prevent catastrophic climate change,(c) the practical significance for policy that follows from understanding climate change as essentially an ethical problem, (e) the consistent barrier that the United States has been to finding a global solution to climate change in international climate negotiations, and (f)  the failure of the US media to help educate US citizens about the well-financed, well-organized climate change disinformation campaign.

Unless these other features of climate change are understood, there is a huge risk that Americans will not support strong climate change policy measures of the scale needed in the United States.

References:

Linden, E. (2012) Sandy and The Winds of Change, Los Angeles Times, http://www.latimes.com/news/opinion/commentary/la-oe-linden-sandy-climate-change-20121102,0,2994914.story

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

The Grave US Media Failure to Report On The Climate Change Disinformation Campaign

I. Introduction

This is the sixth in a series of articles that examines tragic communications failures of the US media about climate change. In this series we examine how the American media has utterly failed to communicate to US citizens about five essential aspects of climate change that need to be understood to know why climate change is a civilization-challenging problem that requires dramatic, aggressive, and urgent policy action to avoid harsh impacts to hundreds of millions of people around the world.  EthicsandClimate.org has developed a video that summarizes these failures: Five Grave Communication Failures of US Media on Climate Change that can be found at: http://blogs.law.widener.edu/climate/2012/10/15/five-grave-communications-failures-of-the-us-media-on-climate-change/

This is the fifth paper that examines in more detail the issues briefly examined in the video. In previous entries we examined the failure of the US media to communicate about: (a) the nature of the strong scientific consensus about human-induced climate change, (b) the magnitude of greenhouse gas emissions reductions necessary to prevent catastrophic climate change,(c) the practical significance for policy that follows from understanding climate change as essentially an ethical problem, and (e) the consistent barrier that the United States has been to finding a global solution to climate change in international climate negotiations.  In this paper we look at the failure of the US media to help educate US citizens about the well-financed, well-organized climate change disinformation campaign.

II. The US Media Failure to Educate American Citizens About The Climate Change Disinformation Campaign

For over 30 years, there has been a debate about climate change that most Americans are at least dimly aware of.  In this debate, sometimes those opposed to action on climate change are characterized as climate “skeptics.” Skepticism is the oxygen and catalyst of science and should be encouraged. Yet most Americans are completely unaware that a well-financed, well-organized climate change disinformation campaign has been operating for over two decades that has used tactics which cannot be classified as responsible skepticism. In fact, this campaign has been engaged in tactics that are deeply ethically abhorrent. To the extent that the US mainstream press has covered this controversy, it has reported on disputes between mainstream climate scientists and scientific skeptics and in so doing ignoring the ethically abhorrent tactics of the disinformation campaign discussed in this article and at the same time giving opposition to climate change policy legitimacy that the disinformation campaign does not deserve because its tactics cannot be understood as responsible skepticism. Also, as we have described in considerable detail in a prior entry, the mainstream press has utterly failed to cover the strength of the climate change scientific consensus position on climate change.

This disinformation campaign has largely been responsible that the United States failure to enact comprehensive climate change policies. Given the enormity, harshness, and destructiveness of climate change impacts, the duties that high-emitting countries like the United States have to not harm hundreds of millions of people around the world who are vulnerable to climate change, and the fact that the world has now lost several decades in finding a solution to climate change at a time when the world may be running out of time to prevent dangerous climate change, the failure of the US media to report on the nature of this campaign to the American people is a grave, tragic, and profound failure.

There is a growing peer-reviewed sociological literature on the disinformation campaign which describes this phenomenon as a counter-movement. (See, for example, McCright and Dunlap 2000: 559) A counter-movement is a social movement that has formed in reaction to another movement. (McCright and Dunlap 2000: 504.) The climate change disinformation campaign can be understood to be a continuation of the counter-movements that arose among US political conservatives in reaction to the environmental, civil rights, women’s rights, and anti-war movements that arose in the 1960′s in the United States. And so, the climate change disinformation campaign’s methods and processes can be understood to be an extension of strategies that had already been developed among some, although not all, conservatives to counter the environmental movement that had developed in the late 1960s and 1970s around other environmental issues such as air and water pollution, safe disposal of waste and toxic substances, and protection of wetlands and endangered species.

Yet the emergence of global warming as an issue in the 1980s with its potential for large-scale social change needed to ameliorate its threat was seen as more threatening to conservatives in regard to industry, prosperity, life-style, and the entire American-way of life, than were traditional pollution problems. (McCright and Dunlap 2000: 503) In other words, climate change directly threatened the central values of the US conservative movement even more than other environmental problems. (McCright and Dunlap 2000: 505) As a result climate change has become the key environmental focus of the US conservative movement.

In addition there have been some American industries whose welfare depends upon fossil fuel use have also participated in the disinformation campaign by funding this effort. The climate change disinformation movement can be understood to be comprised of many organizations and participants including conservative think tanks, front groups, Astroturf groups, conservative media, and individuals. This disinformation campaign frequently has used certain tactics to convince people and politicians that the science supporting climate change policies is flawed. The central claims of the climate change disinformation movement have been:

• There is no warming.
• Its not caused by humans.
• Reducing greenhouse gas emissions will cause more harm than good.
(McCright and Dunlap 2010: 111)

To support these claims, the climate denial machine frequently has made claims that: (a) mainstream climate scientists are corrupt or liars, (b) descriptions of adverse climate change impacts are made by “alarmists,” (c) scientific journals that publish climate related research are biased against skeptics, and (d)  mainstream climate science is “junk” science. The climate change disinformation machine also has made frequent ad hominem attacks on those who produce climate change science and sometimes has cyber-bullied both climate scientists and journalists.  In summary, the climate change disinformation campaign has engaged in these tactics and others identified in this paper that may not be classified as responsible skepticism, yet the US media has covered this campaign as if it was the output of reasonable scientific  skepticism.

The climate change disinformation campaign began in the 1980s when some of the same scientists and organizations that fought government regulation of tobacco began to apply the tactics perfected in their war on the regulation of tobacco to climate change. (Oreskes and Conway 2010:169-215). According to Pooley the disinformation campaign began “spinning around 1988 in response to the increasingly outspoken scientific community…” (Pooley 2010: 39) For almost 25 years this campaign has been waged to undermine support for regulation of greenhouse gases.

To say that the campaign has been “waged” is not to claim that it has been a tightly organized, completely coordinated effort by a few groups or individuals or that all participants have the same motives. In fact different participants may have radically different motives including the fact that some may be sincere, some appear to be motivated by protecting free markets without government intervention, and many appear to believe that no restriction on fossil fuel use can be justified without very high levels of proof of harms. Yet, these different participants, according to Newsweek, since the 1990s for the most part have acted in a well-coordinated campaign among contrarian scientists, free-market think tanks, and industry to create a fog of doubt around climate change. (Begley 2007) They have accomplished this through the production of advertisements, op-eds, lobbying, books, media attention, and quotations from skeptical scientists often associated with conservative think tanks. They have argued first that the world is not warming, measurements that indicate otherwise are flawed, any warming is natural, that is not caused by human activities, and if warming does occur it will be miniscule and harmless. (Begley 2007)

Different groups created this counter-movement often acting independently of each other, yet connected through the internet to create a denial machine that has effectively responded to any public pronouncement by scientists or journalists that have asserted that human-induced climate change is a serious problem. (Begley 2007) Conservative activists wrote hundreds of documents (including policy briefs, books, press releases, and op-eds), held numerous policy forums and press conferences, appeared regularly on television and radio programs, and testified at congressional hearings on global warming. (Dunlap and McCright 2008)

As a result of the internet communication between participants in this campaign, charges by one of the participants have been quickly transmitted to others creating an echo chamber of counter-claims made in opposition to the mainstream scientific view of climate change.

The disinformation campaign’s most important participants have been conservative think tanks according to the sociological literature. (Jaques et al 2008) As we shall see, these think tanks developed the ideas, communications and media strategies, literature and press releases that have been widely deployed in rhetorical strategies to defend conservative interests by creating doubt about mainstream climate change scientific claims.

Initially most of the funding for this disinformation campaign came from fossil fuel interests and corporations whose products produce high levels of greenhouse gas emissions. On October 21, 2010, John Broder of the New York Times reported that:

“the fossil fuel industries have for decades waged a concerted campaign to raise doubts about the science of global warming and to undermine policies devised to address it.” (Broder 2010)

According to Broder, the fossil fuel industry has:

“created and lavishly financed institutes to produce anti-global-warming studies, paid for rallies and Web sites to question the science, and generated scores of economic analyses that purport to show that policies to reduce emissions of climate-altering gases will have a devastating effect on jobs and the overall economy.” (Broder 2010)

Not surprisingly, the fossil fuel industry funded many of the initial efforts to prevent adoption of climate change policies. Both individual corporations such as ExxonMobil and Peabody Coal, as well as industry associations such as American Petroleum Institute, Western Fuels Associations, and Edison Electric Institute provided funding for individual contrarian scientists, conservative think tanks active in climate change denial, and a host of front groups that we will discuss below. (Dunlap and McCright 2011:148)

Although the initial funding in the campaign may have come from certain corporations, McCright and Dunlap argue that recently conservative, free-market, and anti-regulatory ideology and organizations have been the main forces fueling the denial machine first and foremost. (Dunlap and McCright 2011:144)

According to Dunlap and McCright the glue that holds the elements of the climate disinformation campaign together is a shared hatred for government regulation of private industry. (Dunlap and McCright 2011:144) And so, a staunch commitment to free markets and a disdain for government regulation are the ideas that most unite the climate denial community. (Dunlap and McCright 2011:144)

The mainstream conservative movement, embodied in conservative foundations and think tanks, quickly joined forces with the fossil fuel industry (which recognized very early the threat posed by recognition of global warming and the role of carbon emissions) and wider sectors of corporate America to oppose the threat of global warming, not as an ecological problem, but as a problem for unbridled economic growth. (Dunlap and McCright 2011:144) And so the disinformation campaign has been a movement that has been waged both by conservative organizations and some corporations.

To use the word “campaign” is not meant to connote an organized conspiracy led by one or a few entities who coordinate all actors, but rather a social movement that creates widespread, predictable, and strong opposition to climate change policy and that consistently uses scientific uncertainty arguments as the basis of its opposition. This movement is a campaign in the sense that it is a systematic response of aggressive actions to defeat proposals to limit greenhouse gas emissions even though no one organization is coordinating all other organizations or individuals that participate in responses. And although some of the actors may be sincere, the tactics discussed in this article are, as we shall see, ethically reprehensible.

Those engaged in this disinformation campaign can be distinguished from responsible climate skeptics because the climate change denial campaign is a collective social movement run by professional advocacy working to discredit climate change.” (Hoffman 2011: 5) As such, this movement is not engaged in reasonable scientific skepticism but advocacy that stresses scientific uncertainty. In fact McCright and Dunlap summarize the disinformation machine as having been engaged on misrepresenting, manipulating, and suppressing climate change research results. (McCright and Dunlap 2010: 111)

Although almost all of the disinformation campaign led opposition to climate change policies has been on the basis of inadequate scientific grounding for action, scientific arguments are usually coupled with economic arguments such as claims that climate change policies will destroy jobs, hurt specific industries, lower GDP, or are not justified by cost-benefit analysis.
Although these economic arguments often have their own ethical problems, a series on Ethicsandclimate.org has examined in considerable detail the ethical problems with tactics used by the disinformation campaign that rely on scientific uncertainty arguments.

The original organizations that sought to undermine public support on climate policies by exaggerating scientific uncertainty have expanded to include ideological think tanks, front groups, Astroturf groups (i.e. groups organized by industry that pretend to be a legitimate grassroots organization), and PR firm-led campaigns. (Oreskes and Conway 2010:169-215)
The tactics deployed by this campaign are now all well documented in the books and peer-reviewed sociological literature identified in the Appendix to this article. The tactics used by the climate change disinformation campaign have included the following ethically abhorrent tactics:

  • Lying or reckless disregard for the truth
  • Cherry picking the science
  • Cyber-bullying and ad hominem attacks on scientists and journalists
  • Manufacturing bogus, non-peer-reviewed science in fake conferences and publications
  • The use of ideological think tanks
  • The use of front groups that hide the real parties in interest
  • The use of fake grass-roots organizations known as Astroturf groups
  • Specious claims about “bad science” that are based upon the dubious assumption that no conclusions in science can be made until everything is proven with high levels of certainty.

EthicsandClimate.org has described this in a four part paper series and a three part video series that has demonstrated that these tactics are ethically abhorrent.

The four part written series can be found at:

1. Ethical Analysis of the Climate Change Disinformation Campaign: Introduction to a Series.

2.Ethical Analysis of the Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups.

3.Ethical Analysis of Disinformation Campaign’s Tactics: (1) Think Tanks, (2) PR Campaigns, (3) Astroturf Groups, and (4) Cyber-Bullying Attacks.

4. Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign

 The three part video series can be found at:

Why The Climate Change Disinformation Campaign Is So Ethically Abhorrent

The Ethical Abhorrence of The Climate Change Disinformation Campaign, Part 2

The Ethical Abhorrence of the Climate Change Disinformation Campaign, Part 3

Although the mainstream US media has sometimes but infrequently covered the disinformation campaign, missing from their coverage has been:

(a) A stronger sense of the strength of the consensus view on climate change, (every academy of science in the world supports the consensus view, over a hundred scientific organizations whose members have relevant scientific expertise support the consensus view, much of the science that should have been the basis for US action on climate change was settled 150 years ago, and there are clear qualitative differences between peer-reviewed science and the manufactured, non-peer reviewed science usually relied upon by the disinformation campaign),

(b)  A description of the tactics of the disinformation campaign which cannot be understood as responsible skepticism, such as: (1)  making claims that not only have not been peer-reviewed but are at odds with well-settled science, (2) cherry picking the science, (3) treating one study as undermining the entire body of climate science even though the issue in contention is not consequential in regard to the major mainstream scientific conclusions, (4) cyber-bullying scientists and journalists that publish statements that climate change is a significant threat, (5) making completely false claims that are either lies or reckless disregard for the truth such as the claim that the entire scientific basis for action is a hoax when every academy of science supports the consensus view, and (6) the use of front groups and Astroturf groups that hide the real parties in interest behind the disinformation campaign, namely fossil fuel companies and free-market fundamentalist foundations.

(c) The fact that it already too late to prevent climate-change caused grave suffering for some people in some parts of the world and that the world has lost over twenty years during which action could have been taken to reduce the now enormous threat,

(d) The fact that hundreds of millions of people around the world who are most vulnerable to climate change’s worst threats have never consented to be put at risk while the United States waits for absolute certainty.

(e) The fact that for each year the United States has waited to take action, the problem has become worse.

Given what is at stake from climate change, the failure of the US media to cover the disinformation campaign is a tragic, profound, and grave error.  The mainstream US media has not only failed to cover this campaign, it has treated it as if it was reasonable scientific skepticism giving it a legitimacy that has increased its influence.

References:

Begley, S. (2007) Global Warming Deniers: A Well-Funded Machine, Newsweek, http://msl1.mit.edu/furdlog/docs/2007-08-13_newsweek_global_warming_denyers.pdf (visited Jan. 13, 2011)

Boycoff, J. and M. Boycoff (2004) Journalistic Balance as Global Warming Bias
Creating Controversy Where Science Finds Consensus Fair,
Fairness and Accuracy in Reporting, http://www.fair.org/index.php?page=1978

Broder, John, (2010) Climate Change Doubt Is Tea Party Article of Faith, New York Times, October 21, 2009, http://community.nytimes.com/comments/www.nytimes.com/2010/10/21/us/politics/21climate.html?sort=newest&offset=2

 

Dunlap, Riley E. and Aaron M. McCright (2008) A Widening Gap: Republican and Democratic Views on Climate Change. Environment 50 (September/October):26-35.

Dunlap, Riley E. and Aaron M. McCright (2010) Climate Change Denial: Sources, Actors and Strategies Pp. 240-259 in Constance Lever-Tracy (ed.), Routledge Handbook of Climate Change and Society London: Routledge.

Hoffman, Andrew J. (2011) Talking Past Each Other? Cultural Framing of Skeptical and Convinced Logics in the Climate Change Debate, Organization & Environment 24:3-33.

Jacques, Peter, Riley E. Dunlap, and Mark Freeman (2008) The Organization of Denial: Conservative Think Tanks and Environmental Skepticism, Environmental Politics 17:349-385.

McCright, Aaron M. and Riley E. Dunlap (2000) Challenging Global Warming as a Social Problem: An Analysis of the Conservative Movement’s Counter-Claims, Social Problems 47:499-522.

McCright, Aaron M. and Riley E. Dunlap (2010) Anti-Reflexivity: The American Conservative Movement’s Success in Undermining Climate Science and Policy, Theory, Culture and Society 26:100-133.

Oreskes, Naiomi and Erik Conway (2010) Merchants of Doubt, How a Handful of Scientists Obscured the Truth On Issues From Tobacco Smoke to Global Warming, Bloosmbury Press, New York.

Pooley, E. (2010) Climate Wars, True Believers, Power Broakers and The Fight to Save the Earth, Hyperion, New York

 

By:

Donald A. Brown

Scholar In Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

The Grave US Media Failure to Communicate About The Consistent Barrier That The United States Has Been To Finding A Global Solution to Climate Change.

I. Introduction

This is the fifth in a series of articles that examines grave communications failures of the US media about climate change. In this series we examine how the American media has utterly failed to communicate to US citizens about five essential aspects of climate change that need to be understood to know why climate change is a civilization challenging problem that requires dramatic, aggressive, and urgent policy action to avoid harsh impacts to hundreds of millions of people around the world.  EthicsandClimate.org has developed a video that summarizes these failures: Five Grave Communication Failures of US Media on Climate Change that can be found at: http://blogs.law.widener.edu/climate/2012/10/15/five-grave-communications-failures-of-the-us-media-on-climate-change/

This is the fourth paper that examines in more detail the issues briefly examined in the video. In previous entries we examined the failure of the US media to communicate about: (a) the nature of the strong scientific consensus about human-induced climate change, (b) the magnitude of greenhouse gas emissions reductions necessary to prevent catastrophic climate change, and (c) the practical significance for policy that follows from understanding climate change as essentially an ethical problem.  In this paper we look at the failure of the US media help educate US citizens about the consistent barrier that the US has been in international climate negotiations that have sought for over twenty years to find a global solution to prevent harsh climate change impacts.

The last paper in the series will examine the failure of the US media to help Americans understand the well-organized, well-financed climate change disinformation campaign.

II. The World Waits In Vain For US Leadership On Climate Change.

Most Americans are completely unaware that the United States has consistently been a barrier to achieving a global solution to climate change despite the fact that the United States is an indispensable party to a global climate change solution. To understand the importance of the US solving the global climate change problem, one must keep in mind that: (a) the United States is by far the largest historical emitter of global greenhouse gases that have caused the existing problem, (b) the United States is near the top of national greenhouse gas emitters on a per capita basis, (c) the United States is second only to China in total tons of greenhouse gases emitted, and (d) the United States has the worst record among developed countries in making commitments to a global climate change solution.

Although the United States is an indispensable participant in solving climate change because of the size of the US contribution to the global problem, the United States has a dismal record in over twenty years of international efforts to achieve a global solution to this civilization-challenging global problem. In American Heat, Ethical Problems With the United States Response To Global Warming, (Brown, 2002), this writer documented in detail the negative role in achieving a global approach to climate change that the United States played in the first decade of climate change negotiations from the late 1980s through the year 2000. Among other things during the negotiations of the United Nations Framework Convention on Climate Change (UNFCCC) between 1990 and 1992, the United States, virtually standing alone, successfully prevented the UNFCCC from including enforceable national emissions reductions targets for developed nations.

In a book to be published this month, Navigating the Perfect Moral Storm, Climate Ethics, this writer documents in detail the failure of the United States to be a leader since the conclusions of the UNFCCC negotiations in 1992, (Brown 2012).

Among other things, since the UNFCCC negotiations:

  • The United States has been the only developed country in the world to fail to ratify to the Kyoto Protocol and thereby commit itself to a binding interim emissions reduction target.
  • George W. Bush announced that the United States was not only unwilling to ratify the Kyoto Protocol, it was withdrawing the United States from the Kyoto Treaty all together.
  • When President Obama was elected, there was wide-spread hope the United States would change course on climate change. Yet, the United States under President Obama has approached climate negotiations in Copenhagen in 2009, Cancun in 2010, and South Africa making only a voluntary commitment to reduce its greenhouse gas emissions by 17% below 2005 emissions levels by 2020 thereby making the US promise: (a) the weakest of all of the developed country commitments, and (b) far short of what is required of global greenhouse gas emissions reductions necessary to prevent dangerous climate change.
  • Although there is evidence that President Obama hope to make the United States, for the first time, a responsible participant in an adequate global approach to climate change, since the Republicans took over the US House of Representatives in November of 2010, the United States hast been unable to make meaningful national commitments on climate change and will not likely to be able to do so until well into 2013 at the very earliest.
  • There is no evidence that the United States is willing to make commitments to reduce its greenhouse gas emissions to  levels consistent with what the world needs to do to prevent dangerous climate change, a matter discussed in the second paper in this series.

Although there are several countries that have frequently failed to respond to what justice would require of them to reduce the threat of climate change, the United States, more than any other country, has consistently failed to respond to its ethical duties to reduce its emissions to the its fair share of safe global emissions during the over two decades that the world has been seeking a global agreement on how to respond to climate change.

Because the United States is such a vital player in any global solution to climate change, the United States response to its obligations to reduce the global threat of climate change has been an immense impediment to an urgently needed global climate change solution. And so the world continues to wait for ethical leadership from the United States on climate change as significant damages are becoming more visible around the world. As the world is running out of time to prevent significant climate change, the United States continues to ignore its global obligations. Yet coverage of climate change debates in the US media rarely mention the negative role the United States has been playing in developing a global solution.

The world awaits US leadership on climate change at a time when human-induced climate change harms are becoming more obvious. Yet there is little evidence that US citizens understand their obligations to poor people around the world for climate change damages and the United States has been significantly responsible for delays in reaching a global solution to climate change.  This is both a tragic failure of  domestic leadership and a failure of the US press to help educate Americans about the negative role the US has played in finding a global solution to climate change.

References:

Brown, D. (2002) American Heat: Ethical Problems With the United States Response to Global Warming, Roman and Littlefield.

Brown, D.  (2012) Navigating the Perfect Moral Storm, Climate Change Ethics, Routledge/Earthscan.

By:

Donald A. Brown

Scholar In Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

In Praise and Criticism of the PBS Frontline Program, Climate of Doubt

On October 23, 2012,  the PBS program Frontline aired a program called Climate of Doubt.  available on the PBS website at www.pbs.org/frontline/  This program describes the success of right-wing organizations and some corporations in both undermining the public’s understanding of the mainstream scientific view about human-induced climate change and in preventing legislative action to reduce US greenhouse gas emissions. Climate of Doubt explains that the disinformation campaign has succeeded despite the fact that the vast majority of climate scientists that actually engage in climate change scientific research strongly support the consensus scientific view that humans are causing dangerous warming.

In a very introductory manner, the Frontline program explains how the climate change disinformation campaign has managed to weaken support for doing something about climate change and for this reason the program is a welcome addition to the otherwise largely non-existent US media coverage of who is behind the climate change disinformation campaign.

Although the Frontline program should be welcomed for bringing much needed attention to this tragic manipulation of a democracy,  at the same time the program can be criticized for missing important elements of the story necessary to get a full understanding  of the outrageousness,  if not criminality, of the climate change disinformation campaign.

Missing from the Frontline description of the disinformation campaign are:

(a) A stronger sense of the strength of the consensus view, (every academy of science in the world supports the consensus view, over a hundred scientific organizations whose members have relevant scientific expertise support the consensus view, much of the science that should have been the basis for US action on climate change was settled 150 years ago, and there are clear qualitative differences between peer-reviewed science and the manufactured, non-peer reviewed science usually relied upon by the disinformation campaign),

(b) A sense of the urgency for the need to make greenhouse gas emissions reductions as soon as possible to avoid dangerous climate change.

(c) The civilization challenging magnitude of the reductions that will be necessary to prevent dangerous climate change,

(d) The tactics of the disinformation campaign which cannot be understood as responsible skepticism, such as: (1)  making claims that not only have not been peer-reviewed but are at odds with well-settled  science, (2) cherry picking the science, (3) treating one study as undermining the entire body of climate science even though the issue in contention is not consequential in regard to the major mainstream scientific conclusions, (4) cyber-bullying scientists and journalists that publish statements that climate change is a significant threat, (5) making completely false claims that are either lies or reckless disregard for the truth such as the claim that the  entire scientific basis for action is a hoax when every academy of science supports the consensus view, and (6) the use of front groups and Astroturf groups that hide the real parties in interest behind the disinformation campaign, namely fossil fuel companies and free-market fundamentalist foundations.

(d) The fact that high-emitting nations and individuals are putting hundreds of millions of world’s poorest people at risk who have done nothing to cause the problem,

(e) The fact that the United States has been a major barrier to a global solution in climate negotiations for over two decades due to the disinformation campaign,

(f) The fact that even the Obama administration is unwilling to make commitments for emissions reductions consistent with any reasonable interpretation of the US fair share of safe global emissions,

(g) The fact that climate change must be understood as a moral and ethical issue, an understanding that undermines the purely US self-interested economic arguments made by those who oppose action on climate change,

(h) The fact that it already too late to prevent climate-change  caused  grave suffering for some people in some parts of the world and that the world has lost over twenty years during which action could have been taken to reduce the now enormous threat,

(i) The fact that hundreds of millions of people around the world who are most vulnerable to climate change’s worst threats have never consented to be put at risk while the United States waits for absolute certainty. and

(j) The fact that each year the United States has waited  to take action, the problem has become worse.

In summary, the Frontline program, although a welcome overdue US media analysis of the climate change disinformation campaign, fails to adequately explain why the disinformation campaign should be considered as some new kind of crime against humanity. The Frontline program give far to much attention to some of the climate deniers while failing to communicate adequately the strength of the consensus position.

Given what is at stake from climate change, ethics requires that those who want to discuss the uncertainties of climate change science must proceed with extreme care including limiting their claims to peer-reviewed science and not overstating the significance of individual studies.   Skepticism in science is the oxygen of science and therefor is a good thing, but many of the tactics of the disinformation campaign are clearly not responsible skepticism.  They are often deeply deceitful, ethically abhorrent disinformation.

Ethicsandclimate.org has  looked at the disinformation campaign in considerable more detail than the issues covered in the Frontline program in a four part series:

1. Ethical Analysis of the Climate Change Disinformation Campaign: Introduction to A Series Series.

2.Ethical Analysis of Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups.

3.Ethical Analysis of Disinformation Campaign’s Tactics: (1) Think Tanks, (2) PR Campaigns, (3) Astroturf Groups, and (4) Cyber-Bullying Attacks.

4. Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign

Ethicsandclimate has also produced a video on why the climate change disinformation campaign is so ethically abhorrent. See. Why the Climate Change Is So Ethically Abhorrent.

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of  Law

dabrown57@gmail.com

Five Grave Communications Failures of the US Media On Climate Change-The Failure To Communicate The Strength of The Scientific Consensus

I. Introduction

The US media has utterly failed to communicate to the American people about five essential aspects of climate change that they need to understand to know why climate change is a civilization challenging problem that requires dramatic, aggressive, and urgent policy action to avoid harsh impacts to hundreds of millions of people around the world.  EthicsandClimate.org has recently developed a video on these failures entitled: Five Grave Communication  Failures of US Media On Climate Change 

We now provide a more detailed written description of these failures in this and subsequent posts. In this post we look at the first of these communications failures, namely the failure  to communicate to US citizens the strength and nature of the current scientific consensus position on climate change.

Subsequent posts will examine the following additional communication failures of the US media:

  • The magnitude of greenhouse gas emissions reductions that are necessary to prevent dangerous climate change.
  • The consistent barrier that the United States has been in finding a global solution on climate change for over 20 years.
  • The fact that climate change must be understood as a civilization challenging ethical problem, an understanding that is of profound significance for climate change policy formation.
  • The nature of the climate change disinformation campaign in the United States.

II. The Strength And Nature Of The Current Scientific Consensus Position On Climate Change.

Most US citizens are aware that there has been an ongoing debate about the science of climate change, yet most American are completely unaware of the strength of the “consensus” position on climate change.

The consensus position is understood to be that which has been articulated by the Intergovernmental Panel on Climate Change (IPCC). The IPCC was established by the World Meteorological Organization (WMO) and the United Nations Environment Program (UNEP) in 1988 to assess for governments the scientific, technical and socio-economic information relevant for the understanding of climate change, and to identify its potential impacts and options for adaptation and mitigation. (IPCC, 2010) The IPCC does not do original research but synthesizes and summarizes the extant peer-reviewed climate change science to make recommendations for governments and policy makers. (IPCC, 2010a) The consensus position is not the consensus on all scientific issues entailed by climate change. Yet, the consensus position has the following elements:

  • The planet is warming
  • The observable warming is very likely mostly caused by human activities
  • Under business as unusual human-induced warming will likely range from 2 to 5 degrees C (although it could be greater). This warming will harm some people more than others from rising seas, increased droughts and floods, increased storms, increased vector-borne disease, deaths from heat waves, reducing food productivity, and diminished availability to water.
  • To stabilize GHG in the atmosphere will require huge reductions from business as usual.

There are several strong reasons why the “consensus” view is  entitled to respect including the following:

One, recent reports have concluded that the vast majority of scientists actually doing research in the field support the consensus scientific view.

For example, a 2009 study–published in the Proceedings of the National Academy of Sciences of the United States–polled 1,372 climate researchers and resulted in the following two conclusions.

(i) 97-98% of the climate researchers most actively publishing in the field support the tenets of ACC (Anthropogenic Climate Change) outlined by the Intergovernmental Panel on Climate Change, and


(ii) The relative climate expertise and scientific prominence of the researchers unconvinced of ACC are substantially below that of the convinced researchers.


(Anderegga et. al 2010)

Another poll performed in 2009 of 3,146 of the known 10,257 Earth scientists concluded that 76 out of 79 climatologists who “listed climate science as their area of expertise and who also have published more than 50% of their recent peer-reviewed papers on the subject of climate change” believe that mean global temperatures have risen compared to pre-1800s levels, and 75 out of 77 believe that human activity is a significant factor in changing mean global temperatures. (Doran and Zimmerman, 2009)

Two, in response to arguments from some climate change skeptics, many scientific organizations with expertise relevant to climate change have endorsed the consensus position that “most of the global warming in recent decades can be attributed to human activities” including the following:
• American Association for the Advancement of Science
• American Astronomical Society
• American Chemical Society
• American Geophysical Union
• American Institute of Physics
• American Meteorological Society
• American Physical Society
• Australian Coral Reef Society
• Australian Meteorological and Oceanographic Society
• Australian Bureau of Meteorology and the CSIRO
• British Antarctic Survey
• Canadian Foundation for Climate and Atmospheric Sciences
• Canadian Meteorological and Oceanographic Society
• Environmental Protection Agency
• European Federation of Geologists
• European Geosciences Union
• European Physical Society
• Federation of American Scientists
• Federation of Australian Scientific and Technological Societies
• Geological Society of America
• Geological Society of Australia
• International Union for Quaternary Research (INQUA)
• International Union of Geodesy and Geophysics
• National Center for Atmospheric Research
• National Oceanic and Atmospheric Administration
• Royal Meteorological Society
• Royal Society of the UK

(Skeptical Science, 2010)

Three, the Academies of Science from nineteen different countries all endorse the consensus view. Eleven countries have signed a joint statement endorsing the consensus position.
They are:
• Academia Brasiliera de Ciencias (Brazil)
• Royal Society of Canada
• Chinese Academy of Sciences
• Academie des Sciences (France)
• Deutsche Akademie der Naturforscher Leopoldina (Germany)
• Indian National Science Academy
• Accademia dei Lincei (Italy)
• Science Council of Japan
• Russian Academy of Sciences
• Royal Society (United Kingdom)
• National Academy of Sciences (USA)

(Skeptical Science, 2010):

Among the academies of sciences around the world that have issued reports supporting the consensus view is the United States Academy of Sciences that has issued four reports.

From this it can be seen that the consensus view articulated by the IPCC is strongly supported by: (1) the vast majority of climate change scientists that actually do research on human-induced climate change (2) the most prestigious scientific organizations comprised of scientists with relevant climate change expertise, and (3) academies of sciences around the world, the very institutions that have been created to advise governments on complex scientific issues. For this reason, the IPCC consensus position is entitled to strong respect that, at the very minimum, climate change poses a legitimate significant threat to human well-being and the natural resources on which life depends.

In fact, some critics have contended that the IPCC reports tend to underestimate climate change dangers and risks because the process that leads to the IPCC conclusions give representatives from countries that have consistently opposed the adoption of international climate regimes power to pressure the IPCC scientists to report only the lowest common denominator. (For a discussion of the limits of IPCC, see, Brown, 2008) In fact observations of actual greenhouse gas atmospheric concentrations, temperatures, and sea level rise are near or exceeding the IPCC worst-case predictions. One recent comparison of greenhouse gas concentrations, temperatures, and sea-level rise observations versus predictions concluded:

Overall, these observational data underscore the concerns about global climate change. Previous projections, as summarized by the IPCC, have not exaggerated but may in some respects even have underestimated the climate changes that have been observed. 
(Rahmstorf et al., 2007)

It is important as a mater of ethics to remember that if the consensus view is wrong, it could be wrong in two directions. That is, not only could IPCC be overstating the magnitude and timing of climate change in the future, they may be understating the harshness of climate change harms.

And so, the most prestigious scientific organizations in the world support the consensus view on climate change.  Yet. the United States media has almost always failed to communicate this fact when discussing controversies about climate change science. Although the US media has from time to time acknowledged that most climate scientists support the consensus view, they have almost always failed to describe strength of the consensus view that becomes apparent when one understands the magnitude of support for the consensus view by the most prestigious scientific organizations end researchers described above.

Given the enormity and harshness of impacts to hundreds of millions of people around the world from climate change coupled with the fact that United States has a special responsibility for the civilization challenging problem because of the comparatively large levels of the emissions coming from America, the failure of the US media to describe strength the scientific consensus on change is a grave and tragic error.

References:

Agrarwala, Shardul and Stiener Anderson, 1999, Indispensability and Indefensibility?:
The United States In Climate Treaty Negotiations. ” 2w Governance 5, December 1999).

Brown, Donald, 2008, Ethical Issues Raised by the Work of the Intergovernmental Panel on Climate Change (IPCC): Report On The Bali Workshop (COP-13). Climate Ethics. http://rockblogs.psu.edu/climate/2008/02/report-on-the-workshop-at-the-13th-conference-of-the-parties-of-the-united-nations-framework-convention-on-climate-change.html

Doran, Peter T.; Maggie Kendall Zimmerman, 2009. Examining the Scientific Consensus on Climate Change, EOS 90 (3): 22-23

Intergovernmental Panel On Climate Change (IPCC), 2010a, History, http://www.ipcc.ch/organization/organization_history.htm

 Rahmstorf, Stepen, Anny Cazenave, John A. Church, James E. Hansen,
Ralph F. Keeling, David E. Parker, Richard C. J. Somervilles, 2007, Recent Climate Observations Compared to Projections, Science, Vol 316 , May 2007

Skeptical Science, 2010, What the Science Says: shttp://www.skepticalscience.com/global-warming-scientific-consensus-intermediate.htm (retrieved, Jan 3, 2011)

 

By:

Donald A. Brown

Scholar In Residence,

Sustainability Ethics and Law

Widener University School of Law

Dabrown57@gmail.com

 

 

 

Five Grave Communications Failures of The US Media On Climate Change

This video examines 5 grave tragic communications failures of the US media on climate change.

These include the failure to communicate;

  1. The strength of the scientific consensus
  2. The civilization challenging nature of the magnitude of greenhouse gas emissions reductions needed to prevent dangerous climate change
  3. The barrier that the United States has been in international climate negotiations that have been ongoing since 1990 to achieve a global solution to climate change
  4. The essential ethical and moral nature of the climate change problem, a fact that has profound significance for policy formation
  5. The nature of the climate change disinformation campaign.

 

By: 

Donald A. Brown

Scholar In Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

The Ethical Abhorrence of the Climate Change Disinformation Campaign, Part 3

This is the third in a three part video series that looks at the ethical obnoxiousness of the climate change disinformation campaign. All three of these are available on http://ethicsandclimate.org. The first in the series introduced the concept of the disinformation campaign that has been described in a rich sociological literature while explaining why this movement has been so ethically abhorrent. The second entry looked at some of the specific tactics of this campaign while distinguishing this phenomenon from responsible skepticism. This entry continues the examination of specific tactics and concludes with lessons learned about this disinformation campaign.

 

 

To view the other two videos in this series see the two proceeding entries on this website.

 

A much more detailed four part written analysis of the disinformation campaign is available on this website under the category of “climate disinformation.”

The series is:

1. Ethical Analysis of the Climate Change Disinformation Campaign: Introduction to A Series Series.

2.Ethical Analysis of Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups.

3. Ethical Analysis of Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups

4. Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign

 

B y:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com