Ethics and Climate

Donald Brown

Category Archives: scientific disinformation

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:

 

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

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

I. Introduction. The French philosopher Diderot said that skepticism in all things is the first step on the road to the truth.  Although responsible scientific skepticism about climate change science is a good thing that should be encouraged, as we have written about frequently on Ethicsandclimate.org, there has been a well-organized, well-funded disinformation campaign about the science of climate change that has used tactics that are deeply ethically reprehensible.  In this entry we continue to explore how society should classify this very harmful development.

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 ideological organized conferences and publications that don’t subject conclusions to peer-review
  • The use of ideological think tanks to promote the views of ideological skeptics
  • The use of front groups and fake grass-roots organizations known as Astroturf groups that hide the real parties in interests
  • 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

These tactics obviously do not constitute responsible scientific skepticism but disinformation, misinformation, propaganda, and even intimidation in the case of cyber-bullying.

EthicsandClimate.org has described this disinformation campaign in a four part paper series and a three part video series that has examined these ethically abhorrent tactics in considerable detail.

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.

In this entry we continue to examine how we should classify this kind of disinformation, an important question because the disinformation campaign is, we believe, a new kind of assault on humanity which raises questions about how we should classify it and how society should sanction disinformation about potentially very harmful human behavior. We first examine the basis for claiming that the disinformation campaign is a crime against humanity.

II. Crime Against Humanity

Because the international community has lost over twenty years in developing an adequate solution to climate change, a matter discussed in considerable detail in this writer’s recent book Climate Change Ethics, Navigating the Perfect Moral Storm, in no small measure due to the climate change disinformation campaign and given that the international community is now running out of time because of this delay to prevent dangerous climate change, the  disinformation campaign is likely responsible for huge quantities of human suffering.  That is this delay is causing or increasing the severity of droughts, floods, adverse human health impacts, intense storm damage, and heat related deaths among others adverse impacts.  Without doubt the failure to act in the last twenty years is putting hundreds of millions of people at great risk including some the world’s poorest people and the ecological systems on which their lives depend.

Given the scale of these impacts, what sense can be made of a claim that  the tactics of the disinformation campaign (to be distinguished from responsible scientific skepticism) is some new kind of crime against humanity.

Crimes against humanity are understood to be grave offenses that are part of a widespread or systematic attack against a civilian population.

In 2002, the International Criminal Court (ICC) was established in The Hague (Netherlands) and the Rome Statute provides for the ICC to have jurisdiction over genocide, crimes against humanity, and war crimes. The definition of what is a “crime against humanity” are contained in Article 7 of the Rome Statute which says that:

For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;  (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, or gender, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Thus far only these very odious acts have been recognized as crimes against humanity. Furthermore only crimes that have been committed in nations that have consented to the jurisdiction of the International Criminal Court (ICC) may be prosecuted in the ICC. Because the United States has not consented to the ICC and many of the activities of the disinformation campaign have taken place in the United States, it is not likely that fossil fuel companies who have participated in in the disinformation campaign could be prosecuted for a crime against humanity even if the court construes the tactics of the disinformation campaign as “inhumane acts of a similar character intentionally causing great suffering.” Furthermore it is not clear that the disinformation campaign constitutes a “systematic attack against a civilian population” as defined in the ICC statute. Therefor although the  disinformation campaign can be understood as a new kind of assault on humanity, it does not obviously fit the definition of crime against humanity under the ICC.

And so, although a strong case can be made that the intentional acts of those participating in  the disinformation campaign are metaphorically some kind of new crime against humanity, it is not likely that these acts would be construed to be legally prosecutable as crimes against humanity under existing international law.

Before accusing someone of a crime, it is also necessary to be able to prove that they knew or should have known that that they were misleading people in ways that could cause damage or harm. One might ask whether anyone engaging in the tactics discussed in this series on the disinformation campaign is ethically blameworthy. Some skeptics, for instance, who engage in the ethically dubious practice of stressing unknowns while ignoring the large body of well-settled science are simply expressing their opinions or their interpretations of what they know about the science. If people have a right to free speech, it follows that people should be able to express their views on climate science freely, even if their views are based upon incomplete knowledge of the peer-reviewed science on which the consensus view has been based.

Yet there is abundant evidence that some of those participating in climate change disinformation campaign were being advised by scientists advising them that the mainstream scientific view was entitled to strong scientific respect, yet they persisted in spreading claims that there was no scientific basis for concern about human-induced climate change.

Furthermore, those funding the disinformation campaign consistently funded organizations and individuals that were regularly making demonstratively false claims about the state of climate change science or claims made in reckless disregard for the truth.

And so, some of the activities of those engaged in the disinformation campaign could likely be prosecuted on criminal grounds provided a court had jurisdiction to make criminal determinations in such matters under a law that criminalized known false claims about very dangerous behavior.  Given the immensity of the harm from the climate change disinformation campaign, a case can be made that new laws criminalizing disinformation on matters as dangerous as climate change are warranted where the disinformation is transmitted to protect economic interests.

III. Civil Liability Under Common Law for Disinformation

A tort is a violation of civil duties, that is a tort, in common law jurisdictions, is a civil wrong. Tort law deals with situations where a person’s behavior has unfairly caused someone else to suffer loss or harm. A tort is not necessarily an illegal act but an act that causes harm. The law allows anyone who is harmed to recover their loss.

We begin with a specific case,  Kivalina vrs ExxonMobil Corporation, because although this case has now been dismissed, the plaintiffs in this case set out in the complaint assertions they claimed they could prove about the actions of the defendants actions, the majority of which were fossil fuel companies,  that are are relevant to to the disinformation campaign.

Kivalina v. ExxonMobil Corporation, et al. is a lawsuit filed on February 26, 2008 in a US district court asking for climate change damages from flooding to the Alaskan village of Kavalina. This case has subsequently been dismissed by the US Court of Appeals for the Ninth Circuit in October of 2012 on the basis that climate change raises political issues that need to be decided by legislative action rather than by  a court.

Nevertheless, the allegations made by the plaintiff, an Alaskan village,  asserted that some of the defendants including ExxonMobil Corporation, BP America, Inc., Chevron Corporation, ConocoPhillips Company,  Peabody Energy Corporation, American Electric Power Company, Inc, Duke Energy Corporation, and The Southern Company, conspired to misinform the public on the science of climate change either individually or through their various front groups or  industry trade associations. The complaint in this case further asserted that the object of the conspiracy was to create unwarranted doubts about the existence of global warming and its causes among the public and that the defendants did this to protect their economic interests.

The plaintiffs also claimed that some of the  defendants have conspired to mislead the public about the science of global warming creating flooding harms to the Village of Kivalina.

The plaintiffs alleged that the defendants  also funded “front groups,” including ƒƒphony citizens’ organizations and bogus scientific bodies, to regularly publish views expressing doubts about global warming in mainstream publications such as the Wall Street Journal. The plaintiffs also alleged that the defendants funded and circulated misleading advertising which questioned the “science” of global warming and human causation. The plaintiffs also alleged that defendants coordinated a “skeptics campaign” that include funding for energy industry groups and other public policy organizations which voiced skepticism regarding global warming, creating the appearance of numerous independent voices speaking out against global warming.

The plaintiffs further claimed that the defendants engaged in a civil conspiracy by ƒƒand through agreements to participate in the intentional creation, contribution to and/or maintenance of a public nuisance through global warming by undermining the public’s understanding of climate change science.

The plaintiffs also alleged that the fossil fuel companies were being told by scientists that were advising them that climate change was a serious threat, yet they continued to fund projects which sought to undermine the science.

The court finally dismissed the case on the ground that the “the solution to Kivalina’s dire circumstances must rest in the hands of the legislative and executive branches of our government, not the federal common law.” Kivalina may be the last blow for parties that are seeking to address climate change via the federal common law. Kivalina was the last in a series of cases seeking to recover damages from climate change under  theories of liability for a public nuisance. These other cases also have been dismissed on the grounds that climate change liability is a matter that must be resolved by legislatures not courts.  The opinion in the Kivalina case makes it clear that both abatement actions and monetary damage actions pertaining to greenhouse gas emissions have been displaced by the Clean Air Act. Most observers have concluded that  public nuisance litigation in the future will likely be litigated in the states, where common law public nuisance actions are still viable although efforts to address climate change via state common law have been unsuccessful (at least so far).

The apparent reasoning followed by the court in this case is that there is no right to damages from climate change under the theory of public nuisance in federal courts because climate change emissions now must be regulated under the federal Clean Air Act. In other words, federal statutory law has preempted the way in which greenhouse gas emissions will be regulated and the penalties that will be allowed for excess emissions. Such a decision is not understood to conclude that the defendants have not been harmed by the conspiracy of the defendants to mislead the public, only that there is no right to recover damages from this harmful behavior in US federal courts using common law tort theories.

And so the tactics employed by fossil fuel companies to undermine the public’s understanding of mainstream scientific conclusions about climate change may be a wrong without a civil remedy for damages under common law, at least in the United States. It is not clear, however, that civil liability for disinformation may not be adjudicated in courts outside the United States. Only time will tell.

Because climate change damages are likely to be so catastrophic for some people in some places, a case can be made that governments should create statutes that would impose severe financial penalties on parties that spread false information about very harmful behavior such as spreading misinformation about climate change.

Part II in this series will look at other legal theories for responding to the disinformation including human rights theories.

IV Conclusion

Thus far we have shown that although the climate change disinformation campaign is equal in destructive power to many human activities that are classified as crimes against humanity, yet the current international legal regime for prosecuting crimes against humanity does not provide an adequate remedy for climate change caused damages that have been caused by those participating in the disinformation campaign. This is so despite the fact that there is strong evidence that at least some of those participating in the disinformation campaign knew or should have known that they were spreading false information about the enormous threat of climate change and did so to protect economic interests.

We have also seen, there appears to be no civil law remedy for damages that tens of millions will experience at least in part because of tactics of the disinformation campaign. Yet a strong case can be made that there should be some civil legal remedy for those who have been harmed by the those responsible for the disinformation campaign.

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

Appendix

Anderegg, William R. L., James W. Prall, Jacob Harold and Stephen H. Schneider. 2010. “Expert Credibility in Climate Change.” Proceedings of the National Academy of Sciences 107 (27):12107-12109.

Beder, Sharon. 1999. “Corporate Hijacking of the Greenhouse Debate.” The Ecologist 29 (March/April):119-122.

Bedford, Daniel. 2010. “Agnotology as a Teaching Tool: Learning Climate Science by Studying Misinformation.” Journal of Geography 109:159-165.

Bradley, R. 2011, “Global Warming and Political Intimidation, How Politicians Cracked Down On Scientists as the Earth Heated Up”, University of Massachusetts Press, 2011,

Dieltham, Pascal and Martin McKee. 2009. “Denialism: What Is It and How Should Scientists Respond?” European Journal of Public Health 19 (1):2-4.

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.

Dunlap, Riley E. and Aaron M. McCright. 2011. “Organized Climate Change Denial.” Pp. 144-160 in J. S. Dryzek, R. B. Norgaard and D. Schlosberg (eds.), The Oxford Handbook of Climate Change. London: Oxford.

Edwards , P., 2010, “A Vast Machine, Computer Models, Climate Data, and the Politics of Global Warming,” MIT Press, Cambridge, Mass.

Freudenburg, William R., Robert Gramling, and Debra J. Davidson. 2008. “Scientific Certainty Argumentation Methods (SCAMs): Science and the Politics of Doubt.” Sociological Inquiry 78:2-38

Hoggan, J, 2009, “Climate Cover Up, The Crusade To Deny Global Warming”, , Greystone Books, 2009

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.

Lahsen, Myanna. 1999. “The Detection and Attribution of Conspiracies: The Controversy over Chapter 8.” Pp. 111-136 in G.E. Marcus (ed.), Paranoia Within Reason: A Casebook on Conspiracy as Explanation. Chicago: University of Chicago Press.

Lahsen, Myanna. 2005. “Technocracy, Democracy, and U. S. Climate Politics: The Need for Demarcations.” Science, Technology & Human Values 30:137-169.

Lahsen, Myanna. 2007. “Experiences of Modernity in the Greenhouse: A Cultural Analysis of a Physicist “Trio” Supporting the Backlash Against Global Warming.” Global Environmental Change 18:204-219.

Lynch, Michael J., Ronald G. Burns and Paul B. Stretsky. 2010. “Global Warming and State-Corporate Crime: The Politicization of Global Warming under the Bush Administration.” Crime, Law and Social Change 50:213-239.

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. 2003. “Defeating Kyoto: The Conservative Movement’s Impact on U.S. Climate Change Policy.” Social Problems 50:348-373.

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.

McCright, Aaron M. and Riley E. Dunlap. 2011. “The Politicization of Climate Change and Polarization in the American Public’s Views of Global Warming, 2001-2010.” Sociological Quarterly 52:155194.

McCright, Aaron M. and Riley E. Dunlap. “Cool Dudes: The Denial of Climate Change among Conservative White Males.” Global Environmental Change 21: In press. doi:10.1016/j.gloenvcha.2011.06.003

Mooney, C., 2005, “The Republican War On Science,” Chris Mooney, Basic Books. 2005

Oreskes, Naomi and Erik M. Conway. 2008. “Challenging Knowledge: How Climate Science Became a Victim of the Cold War.” Pp. 55-89 in R. N. Proctor and L. Schiebinger (eds.), Agnotology: The Making and Unmaking of Ignorance. Stanford, CA: Stanford University Press.

Oreskes, Naomi, Erik M. Conway, and Matthew Shindell. 2008. “From Chicken Little to Dr. Pangloss: William Nierenberg, Global Warming, and the Social Deconstruction of Scientific Knowledge.” Historical Studies in the Natural Sciences 38: 109-52.

Oreskes, Naomi, and Erik M. Conway. 2010. “Merchants of Doubt: How a Handful of Scientists Obscured the Truth on Issues from Tobacco Smoke to Global Warming” New York: Bloomsbury Press.

Pooley, E., 2010, “Climate War, True Believers, Power Broakers and The Fight to Save the Earth,” Hyperion,

Powell, James Lawrence. 2011. “The Inquisition of Climate Science”. New York: Columbia University Press.
Washington, Haydn and John Cook. 2011. “Climate Change Denial: Heads in the Sand”. London: Earthscan.

Weart, Spencer. 2011. “Global Warming: How Skepticism Became Denial.” Bulletin of the Atomic Scientists 67 (1):41-50.

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

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

This is the second in a three part video series on why the climate change disinformation campaign is so utterly ethically offensive. The fist video in this series looked at the how the campaign was responsible for allowing greenhouse gas atmospheric concentrations to rise from 320 ppm when warnings of the harsh impacts of climate change were articulated in the scientific community in the 1960s to 395 ppm now. This series distinguishes between scientific skepticism which is good and should be encouraged from the tactics of the disinformation campaign which are shown to be ethically odious.

 

This  second video  in the series looks at several of the tactics of the disinformation campaign in more depth and contrasts them with responsible skepticism.

 

 

A third video in the series will be posted soon that continues the examination of disinformation campaign tactics and then examines these tactics through an ethical lens. A detailed four part written series on the disinformation campaign can be found on EthicsandClimate.org under the category “climate disinformation.”

By:

 

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail. com

Why The Climate Change Disinformation Campaign Is So Ethically Abhorrent

This video explains why the climate change disinformation campaign is so utterly ethically abhorrent. It briefly identifies the  morally indefensible tactics used by a campaign designed to undermine mainstream climate science in ways that utterly fail to acheive minimum norms of responsible scientific skepticism while at the same time greatly endangering many of the world’s poorest people The video distinguishes responsible skepticism, something that should be encouraged,  from morally abhorrent disinformation.

 

 

This 14 minute video is only an introduction to many ethical issues raised by the disinformation campaign. Those interested in a more in depth analysis of the disinformation campaign should consult the four part series on the ethics of the disinformation campaign the last in the series can be found at

Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign at

http://blogs.law.widener.edu/climate/2012/02/17/responsible_skepticism_lessons_learned_from_the_climate_disinformation_campaign/

 

By Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law, Widener University School of Law

Introduction to Climate Ethics, Video- Part Two

Why is it practically important to identify the ethical questions that need to be faced in making climate change policy? A new video, 14 minutes long, is the second in a two part introduction on the basics of climate change ethics that answers this question. Part two identifies a number of specific civilization challenging ethical issues, looks at these issues briefly, and makes the case for the urgent practical need to turn up the volume on the ethical dimensions of these issues. Part one in this series explained why climate change must be understood essentially as an ethical problem and why this understanding has profound practical consequences foe policy. Par one is found on this web site and is 11 minutes long. This second part takes up the issues introduced in part one in the context of several specific climate change ethical issues.

By:

Donald A. Brown

Scholar in Residence, Sustainability Ethics and Law

Widener University School of Law

dabrown@widener.mail.edu

 

The Ethics Of “Clean Coal” Propaganda.

For over a decade the coal industry has funded campaigns designed to convince Americans that coal can be burned without adverse environmental impacts. These campaigns raise troubling ethical issues. In fact, as we shall see, these campaigns have often been misleading and deceptive in several different ways.

This deception is classic propaganda because propaganda presents facts selectively to encourage a particular synthesis, or uses loaded messages to produce an emotional rather than a rational response to the information presented. Although many entities on both sides of an issue who are trying to persuade the general public to think a certain way will frequently resort to the use of propaganda, as we shall see, deceptive propaganda is particularly morally odious when it engages in lying or lying by omission. A lie by omission occurs when an important fact is left out in order to foster a misconception. The clean coal propaganda has frequently engaged in propaganda that must be understood as lying by omission, if not outright lying. It is also lying by omission about something which is potentially very harmful, making the lies even more morally abhorrent

Given that academies of science around the world have concluded that climate change is a huge threat to millions of people around the world, that coal is the dirtiest of fossil fuels currently used for electricity generation in regard to climate change, that there are no commercial scale coal-fired power plants in the United States now nor likely to be in wide-spread commercial operation for decades capable of actually removing heat trapping gases, a fact not revealed in TV commercials funded by the clean coal campaign, this campaign which implies that coal is “clean” is deeply misleading about likely harmful and dangerous human activities. In other words, this is deception with huge potential adverse consequences.for life on earth and ecological systems on which life depends.

Some TV commercials funded through clean coal campaigns visually or verbally reference clean coal without acknowledgment that coal combustion could be considered clean only if new unproven technologies for reducing greenhouse gas emissions from coal combustion are widely deployed. Other commercials contain often vague references to clean coal technologies that could in theory reduce greenhouse gas emissions if commercial scale of these technologies is determined through future research to be environmentally benign and economically feasible. None of these commercials, however, reveal that there are serious open questions about whether geologic carbon sequestration or other unproven greenhouse gas emission reduction technologies for use with coal combustion will be proven to be environmentally acceptable and economically viable at commercial scale. The New York Times reported this month that there is new evidence that carbon capture and storage, the technology most frequently considered to be the best hope for reducing greenhouse gases from coal combustion, may not be economically viable because of cheaper and abundant amounts of natural gas. (Wald, 2012)

Claiming that coal is clean because it could be clean if a new technically unproven and economically dubious technology might be adopted is like someone claiming that belladonna is not poisonous because there is a new unproven safe pill under development that sometime in the future might be economically affordable and that may be taken with belladonna to neutralize belladonna’s toxic effects.

Who has been behind this campaign? According to Source Watch, these campaigns were initially created by the Center for Energy and Economic Development (CEED) in 2000. CEED also created Americans for Balanced Energy Choices (ABEC), a multimillion-dollar public relations campaign aimed at emphasizing the importance and downplaying the environmental impacts of coal-fired power production. CEED was founded by Peabody Energy, Arch Coal, Southern Company, and DTE Energy (Source Watch, 2012a). ABEC’s members also have included mining companies, electric utilities, and railroad companies. The CEED was merged with Americans for Balanced Energy Choices (ABEC) to form a new coal industry front group, American Coalition for Clean Coal Electricity, on April 17, 2008 (Source Watch, 2012a).

In addition to funding misleading TV commercials, on May 25 Think Progress reported that the coal industry has also recently funded AstroTurf efforts, that is fake grass roots campaigns, to give the false impression at public hearings that ordinary citizens oppose proposed EPA regulations that would regulate CO2 from coal-fired power plants. (ThinkProgress, 2012). According to ThinkProgress:

“Apparently unable to find real activists, the coal industry paid AstroTurfers $50 to wear pro-coal t-shirts at an Environmental Protection Agency hearing focused on the agency’s first-ever carbon standards for new power plants.”

The creation of AstroTurf groups around carbon energy issues has been a known tactic of the climate change disinformation campaign that began in the 1990s and a tactic which is itself ethically problematic because an AstroTurf group’s very purpose is to hide from the general public the real parties in interest.

The practice of using AstroTurf groups is expressly prohibited by the code of ethics of the Public Relations Society of America (PRSA, 2012) This code requires that PR professionals expressly identify real sponsors of PR activities (PRSA, 2012). Because front groups and AstroTurf organizations usually are designed to hide the real parties in interest, an ethics advisory of the Public Relations Society on these practices proclaims that it is unethical for PR professionals to represent front groups and/or other deceptive or misleading descriptions of goals, tactics, sponsors, or participants. (PRSA advisory, 2012) This advisory specifically includes AstroTurf groups as an unethical front group activity covered by the ethics advisory. (PRSA advisory, 2012)

Defenders of the clean coal campaign will sometimes argue that the clean coal campaign is simply an exercise of the coal industry’s right to free speech. Although free speech is to be strongly protected, speech which tells untruths about very harmful behavior is morally odious. This is the moral basis for the understanding that people are not free to yell fire in a crowded theater. In fact, the clean coal campaign is more like someone in a theater shouting that there is no fire who has no factual basis for claiming that no fire exists when smoke first appears in the theater.

And so, the clean coal campaigns cannot be understood as a responsible exercise of free speech but as deeply deceptive disinformation. It is deceptive for two reasons as we have seen.
First, the implied claim that coal combustion is environmentally clean is not true. It is also not true that new technologies capable of sequestering CO2 from coal fired power plants will likely be in widespread operation in the near future according to a recent article in the New York Times that explained that coal combustion that relies upon carbon sequestration may not be economically viable given competition from other fuel sources and additional costs of geologic carbon sequestration (Wald, 2012) .

Second, the failure to disclose who the real parties in interest are behind front groups, AstroTurf campaigns, and those who show up at public events claiming that coal is clean are tactics meant to deceive.
Given what is at stake with climate change, these are deceptions about potentially very, very harmful human activities.

There would be no problem with coal industry calls for public support for research that could make coal combustion environmentally acceptable, yet even such campaigns should reveal that there are open questions about whether these technologies if developed can economically compete with other fuel options.

From the standpoint of climate change, new technologies that would allow coal combustion without greenhouse gas emissions would be an important positive step to achieve urgently needed greenhouse gas emissions reductions. However, as we have seen, there are very open questions about whether these technologies will be technically and economically feasible at commercial scale. There are no doubt places in the world that geologic carbon sequestration that traps heat-trapping gases will work, yet there are serious questions about whether these technologies are technically feasible in many places of the world that do not have the right geology needed to seal in the CO2 and prevent if from escaping into the atmosphere nor the large spaces needed to bury the huge volumes of CO2 that are created in coal combustion. However, probably a bigger barrier to widespread deployment of this technology is whether these technologies can be deployed at acceptable cost.

References:

Public Relations Society of America (PRSA) (2012) Member Code of Ethics, http://www.prsa.org/AboutPRSA/Ethics/CodeEnglish/

Public Relations Society of America (PRSA advisory) (2012) Professional Advisory-07, Engaging in Deceptive Tactics While Representing Front Groups. http://www.prsa.org/AboutPRSA/Ethics/ProfessionalStandardsAdvisories/PSA-07.pdf

Source Watch (2012a) Clean Coal Marketing Campaign, http://www.sourcewatch.org/index.php?title=Clean_Coal_Marketing_Campaign,

Source Watch (2012b) CEED, http://www.sourcewatch.org/index.php?title=Center_for_Energy_and_Economic_Development

Think Progress (2012) Coal Industry Pays Fake Activists $50 To Wear Pro-Coal Shirts At Public Hearing, http://thinkprogress.org/climate/2012/05/25/490340/coal-astroturfing-epa-hearing/

Wald, M. (2012) With Natural Gas Plentiful and Cheap, Carbon Capture Projects Stumble, http://www.nytimes.com/2012/05/19/business/energy-environment/low-natural-gas-prices-threaten-carbon-capture-projects.html

By:
Donald A. Brown
dab57@psu.edu

Is Higher Education Failing to Adequately Educate Civil Society About the Climate Change Disinformation Campaign?

Is higher education failing to adequately educate citizens about a movement referred to in the sociological literature as the “climate change disinformation campaign?” An event at Penn State University will examine this topic on April 30th.

A well-educated citizen should know how science works including the indispensable role of skepticism in moving science forward. Yet throughout human history, ideologically motivated movements have made claims inconsistent with well-established scientific conclusions. These, for instance, have included claims that the Earth is the center of the universe, the holocaust did not happen, and evolution can’t explain life on Earth. Particularly when these ideologically motivated but demonstratively false claims encourage citizens to behave in ways that are harmful to others, a strong argument can be made that higher education has a strong duty to educate their students and civil society about problems with these claims.

A growing substantial sociological peer-reviewed literature has arisen that describes an ideological movement usually referred to as the “climate change disinformation campaign.” ClimateEthics has recently completed a four part series that summarizes this literature, explains what is meant by the term “disinformation campaign,” describes the tactics of this campaign, subjects these tactics to ethical analyses, distinguishes these tactics from responsible skepticism, and makes recommendations about scientific norms that should be followed in light of the fact that skepticism in science should be encouraged while disinformation should be condemned. (See the last entry in this series, Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign )

On April 30th at 7 pm in room 101 Thomas Building at Penn State’s University Park, a panel will examine the climate change denial machine while calling for greater involvement by higher education in educating citizens about these matters. Presenters will include Dr. (Juris) Donald Brown from Science, Technology, and Society and Program Manager for United Nations Organizations at the United States Environmental Protection Agency Office of International Environmental Policy, Peter Buckland, A.B.D. in Educational Theory and Policy, Dr. Janet Swim from Psychology and chair of the 2009 American Psychological Associations task force on the psychology of climate change, Dr. Rick Shuhmann of Mechanical Engineering and the Engineering Leadership program, and Dr. Michael Mann, director of Penn State’s Earth System Science Center and author of the recent book, The Hockey Stick and the Climate Wars: Dispatches from the Front Lines.

Sponsors of this event include Penn State’s Center for Sustainability, The Rock Ethics Institute At Penn State University, The Penn State Program on Science, Technology, and Society, Citizens for Pennsylvania’s Future, Elk County C.A.R.E.S., Juniata Valley Audubon Society, National Wildlife Federation, Pennsylvanians for Clean Air and Water, PennEnvironment, Sierra Club Pennsylvania, Sierra Club Moshannon, Sustainability Now Radio,Voices of Central Pennsylvania, The Interfaith Coalition on the Environment, and the Pennsylvania Environmental Resource Consortium.

By:
Donald A Brown,
dab57@psu.edu.