The Guardian: Dutch Supreme Court Upholds Landmark Ruling Demanding #ClimateAction

Photo above courtesy of Greenpeace Netherlands; taken at the #Protestival held on 14-15 December 2019 at Schiphol International Airport

Article originally published here by Isabella Kaminski in The Guardian, 20 December 2019 at 8.08 EST

The Supreme Court of The Netherlands has upheld a ruling ordering the country’s government to do much more to cut carbon emissions, after a six-year fight for climate justice.

Climate protesters at Amsterdam’s Schiphol airport last weekend. Photograph: Piroschka van de Wouw/Reuters

The court ruled that the Dutch government had explicit duties to protect its citizens’ human rights in the face of climate change and must reduce emissions by at least 25% compared with 1990 levels by the end of 2020.

The non-profit Urgenda Foundation, which brought the case, welcomed the “groundbreaking” judgment. The original judgment in 2015 was seen as a landmark in the then nascent field of climate litigation, and inspired similar cases across the world, from Pakistan to New Zealand.

David Boyd, the UN special rapporteur on human rights and the environment, said it was:

“the most important climate change court decision in the world so far, confirming that human rights are jeopardised by the climate emergency and that wealthy nations are legally obligated to achieve rapid and substantial emission reductions.”

The Dutch government had previously said it would comply with the substance of the ruling, but it repeatedly appealed over the legal basis for the decision. The latest national statistics show the Netherlands is very unlikely to meet the 2020 emissions target. 

The Netherlands passed its first piece of national climate legislation in 2018, it has published a more ambitious carbon plan for 2030, and it is closing its first coal plant next year.

According to the Supreme Court, individual nations have direct obligations under Articles 2 and 8 of the European Convention on Human Rights, covering the right to life and the right to private and family life.

Dennis van Berkel, a member of the legal counsel for Urgenda, said:

“The enormous importance of this case is not just that the Netherlands is obliged to act but that these principles are universal. No court outside the Netherlands is bound by this decision but the influence that this court has and the inspiration that it will give to others are really big.”

Denis van Berkel, litigation attorney for Urgenda

Van Berkel said that if the government did not comply with the ruling, Urgenda could start separate legal proceedings against it.

The Dutch climate minister, Eric Wiebes, said the government had “taken note” of decision and would issue a full response in January. He said the Netherlands had announced an “ambitious” set of measures this year to implement the judgment, although campaigners think it could go much further.

As well as inspiring cases against other national governments, Urgenda’s success has encouraged campaigners to take up legal arms against corporations. In April a group of social and environmental justice groups led by Friends of the Earth Netherlands began the process of suing the oil firm Shell, arguing that its business model threatens international climate goals and endangers human rights.

In a formal reply in November, Shell has denied it was liable. A month earlier the company’s CEO said it had “no choice” but to invest in oil and claimed it was “entirely legitimate” to do so.

“The Supreme Court’s decision has set an important precedent for the Shell case because they used similar legal arguments. It is a huge decision for all current climate litigation cases.”

Nine de Pater, a climate and energy campaigner at Friends of the Earth Netherlands

Link to Friends of the Earth Netherlands, to join their petition against Shell Oil Company.

Link to the English version of Urgenda to learn more about their legal initiative.

TIME Magazine: Litigation is a Powerful Tool for Holding Those Responsible for the Climate Crisis to Account

Original article published here 25 September 2019; author Tessa Khan: Ms. Khan is an international human rights lawyer working on climate litigation and co-director of the Climate Litigation Network.

There couldn’t be a greater contrast between the roaring climate strikes all over the world ahead of the U.N. Climate Summit last week and the austere discipline of a courtroom. But these days the same demand is ringing out in streets and in courts: those responsible for the climate crisis must be held accountable.

At key moments in our history, notably in fights for racial and gender equality, courts have helped to accelerate social change. Litigation that is driven by those most affected has personalized abstract injustices, put facts on the public record, and exposed misinformation and political spin. It has also given the imprimatur of a formal hearing to the righteous demands of social movements. For the global movement for climate justice, these cases also help to drive a clear narrative of responsibility: as much as we have been made to grapple with our individual guilt, the truth is that governments and the fossil fuel industry bear the real responsibility for this crisis. Moreover, they know—and have known for decades—what they need to do to get us out of it.

The power of litigation to throw a wrench into the dangerous business-as-usual machinery of governments was first made clear in 2015. Less than two years after environmental group, the Urgenda Foundation and 886 Dutch citizens filed a lawsuit against the government of the Netherlands for its inaction on climate change, a Dutch District Court issued a groundbreaking decision. It found that the government’s failure to take reasonable steps to avoid dangerous levels of climate change was unlawful and ordered it to significantly reduce the Netherlands’ emissions by 2020.

Although the Dutch government appealed the decision, it agreed to implement the court’s order in response to the intense public spotlight that the lawsuit trained on its climate policy. Since 2015, the Dutch parliament has taken a range of measures to reduce emissions, including closing at least one coal-fired power plant, and has enacted some of the most ambitious climate policies in Europe. In 2018, a Court of Appeal emphatically upheld the original decision, citing the human rights obligations of the government. A final appeal by the government will be decided by the Dutch Supreme Court at the end of the year. At this point, the transformative political impact of the litigation is beyond dispute.

Urgenda’s case proved that governments cannot escape legal responsibility for the decades of promises that they have made to address climate change. Those promises date back to at least 1992, when the first international treaty on climate change committed governments to ‘stabilizing’ the concentration of greenhouse gases in the atmosphere, with rich countries taking the lead. In the 37 years since, we have moved at a terrifying pace in the opposite direction. The concentration of carbon dioxide in our atmosphere is higher now than it has been for millions of years and climate change has destabilized and devastated communities all over the world, punishing those who have contributed the least to our planet over-heating. 

At the same time, the fossil fuel industry has continued to extract and sell products that its own scientists warned decades ago will have catastrophic consequences for humanity. A recent study confirmed that 71% of all greenhouse gas emissions since 1988 can be traced to just 100 fossil fuel producers. It should therefore come as no surprise that people around the world, from typhoon-devastated communities in the Philippines, to a Peruvian farmer watching local glaciers disappear, to coastal cities in the US at risk of sea level rise, are taking oil and gas companies to court as well.

For more, full article link here.

@UDAPT representative Letty Fajardo at the 2019 Global Climate Strike in Amsterdam

Vox: Restoring forests may be one of our most powerful weapons in fighting climate change

Adding 2.2 billion acres of tree cover would capture two-thirds of man-made carbon emissions, a new study found.

10 July 2019; Originally published by the digital website Vox.com, author Umair Irfan  and updated Jul 5, 2019, 12:04pm EDT; re-published under the Creative Commons license.

Allowing the earth’s forests to recover could soak up a significant amount of humanity’s greenhouse gas emissions, according to new research. 

The worldwide assessment of current and potential forestation using satellite imagery appeared Thursday in the journal Science. It estimates that letting saplings regrow on land where forests have been cleared would increase global forested area by one-third and remove 205 billion metric tons of carbon from the atmosphere. That’s two-thirds of the roughly 300 billion metric tons of carbon humans have put up there since the dawn of the Industrial Revolution. 

“The point is that [reforestation is] so much more vastly powerful than anyone ever expected,” said Thomas Crowther, a professor of environmental systems science at ETH Zurich and a co-author of the paper. “By far, it’s the top climate change solution in terms of carbon storage potential.”

Some climate scientists who were not involved with the study disagree with its calculations and are warning against its “silver bullet” message. Still, supporting natural systems that can soak up carbon is widely accepted as a major component of any climate change mitigation strategy — in addition to deploying clean energy, switching to electric vehicles, and curbing consumption overall. 

The challenges of such a massive reforestation effort are immense, however: Deforestation is still rampant and is accelerating in some parts of the world. Rather than building up forests as a resource to offset greenhouse gas emissions, we’re currently losing them, and emitting more carbon in the process. 

Restoring forests like the Amazon rainforest has the potential to offset huge amounts of greenhouse gas emissions, according to new research. Credit: Mauro Pimentel/AFP/Getty Images

If the goal is to fight climate change, countries have to reverse course on how they use forests. Another paper out this week in Science Advances offers clear advice on where to focus: places where forest restoration would be most viable and beneficial. But as average temperatures keep climbing, forests may lose their effectiveness in soaking up emissions, so time is running out. 

There’s a huge potential for forest restoration, but we’re still moving in the wrong direction

Let’s take a moment to recall why plants are so critical to the global carbon cycle.

All plants use sunlight, water, soil nutrients, and carbon dioxide to generate energy and to grow. These plants then die and decay. This returns some of the carbon back to the sky and leaves some carbon in the ground. Over time, this leads to a net reduction of carbon in the atmosphere. Plants also move moisture into the air and release aerosols that can contribute to precipitation.

So plants in general and trees in particular play important roles in regulating weather and the climate around the world. 

Humans have disrupted many of these patterns. Since the dawn of civilization, humans have cut down 46 percent of all trees. Just since 1990, the world has lost 1.3 million square kilometers of forested area. The situation is even more dire in the tropics, where less than half of forests remain standing today. 

The modern world’s insatiable appetite for wood, land, agriculture, and mineral extraction continues to drive deforestation. In the Amazon rainforest, one soccer field-size area is clear-cut every minute. 

This chemically deforested area of the Amazon jungle was caused by illegal mining activities in the river basin of the Madre de Dios region in southeast Peru. Illegal mining has destroyed more than 11,000 hectares of Amazon rainforest.
This chemically deforested area of the Amazon jungle was caused by illegal mining activities in the river basin of the Madre de Dios region in southeast Peru. Illegal mining has destroyed more than 11,000 hectares of Amazon rainforest. 

At the same time, we’re pumping a record volume of heat-trapping carbon dioxide into the atmosphere — 2.6 million pounds per second — from myriad sources, warming the planet as a whole. While some forests may benefit from more carbon dioxide in the air, others dry out, increasing risks of wildfires. Higher temperatures can also change rainfall patterns, leaving some trees vulnerable to drought or pests like bark beetles. In other words, climate change is a mixed bag for forests. 

The world’s forests have the potential to be carbon-sucking machines

It’s important to remember that forests are not just trees. They are whole self-regulating ecosystems, from the soil bacteria that fix nitrogen to fertilize roots to the rodents and birds that spread seeds to the fungi that rot away carcasses and break down tree trunks. 

All these organisms working together allow forests to push moisture into the air and pull carbon into the ground. Nonetheless, trees are a useful proxy for the work that forests do, particularly with respect to climate change. 

Trees are usually 50 percent carbon by weight, and the vast majority of that comes from carbon dioxide absorbed from the air. A silver maple sapling, for example, would sequester 400 pounds of carbon dioxide over 25 years. That absorption can change based on the species of tree, its size, its age, its location, the soil it’s growing in, and the climate around it. Multiply that by the millions of trees across the world’s woodlands and you can get a sense of just how hard forests are working to keep our greenhouse gases in check. 

Forests may also have other effects that can offset some of their carbon absorption. Dark leaves on trees can cause local temperatures to rise. Forests also emit aerosols, some of which have heat-trapping impacts, so reforestation does not necessarily lead to a straightforward reduction in global warming.

But Crowther and his colleagues also wanted to figure out how much carbon-sucking potential we’ve lost due to deforestation and how much we could get back by allowing forests spring back up — and planting them — in the places they once were.

There is a distinction here between restoration, also known as reforestation, and afforestation. The latter refers to planting new trees where there were none before. The former refers to bringing trees back to areas that were previously forested, whether that’s through planting trees or allowing the woodlands to regrow on their own. 

Crowther and his colleagues used global satellite images to assess tree canopies, figuring out where forests are and where they could reemerge. They found that there are 2.2 billion acres, or 0.9 billion hectares, worth of forest restoration potential. That’s an area almost as big as the United States. Crowther hinted at these findings earlier this year and noted that this would amount to growing 1.2 trillion new trees across the planet.

A map of the potential for forest restoration around the world.
A map of the potential for forest restoration around the world. 

From there, the scientists calculated the carbon removal potential of the newly restored forests. They concluded that the new forested areas would soak up an astounding two-thirds of humanity’s emissions in the atmosphere since the 19th century. 

However, Laura Duncanson, an assistant professor and a forest researcher at the University of Maryland who was not involved in the study, said this estimate is simplistic and doesn’t take into account much of the regional variation that can influence a forest’s capacity to absorb carbon. “I would take that as a very broad brush, back-of-the-envelope-type potential carbon sink [calculation],” she said. “It’s highlighting the potential of forests, but there’s so much more research to do.”

Other researchers, writing in The Conversation, also suggested that Crowther’s carbon storage estimate is too high, and ignores the amount of carbon already in the soil and the fact that forests can take centuries to mature. The researchers, University College London professors Mark Maslin and Simon Lewis, noted that the Intergovernmental Panel on Climate Change reported that restored forests could capture 57 billion metric tons of carbon by the end of the century, just one-sixth of the carbon in the atmosphere. 

And still others call it flat-out wrong: 

Forests are facing intense competition from industry and agriculture. That’s why researchers are so keen to show their services to humanity. 

Another study out this week tries to offer more specific guidance on where we should be focusing reforestation efforts. 

Robin Chazdon, a forest ecologist and an emeritus professor at the University of Connecticut, wanted to figure out which restored forests would deliver the most net benefits to humanity. Beyond mitigating climate change, trees help purify water, clean air, and provide homes to wildlife, so there’s a lot to take into account.

In a paper published on Wednesday in the journal Science Advances, Chazdon and her collaborators came up with a scoring system for the world’s forests to figure out where restoration would yield the greatest benefits. 

They found that tropical rainforests — in countries like Brazil, Indonesia, India, Colombia, and Madagascar — in particular stood out. That’s because these regions are home to a huge amount of biodiversity and play a major role in the planet’s air and water cycle. Without these forests, these regions would see big changes in rainfall patterns, reductions in air quality, and the loss of some of the most unique species in the world. 

Chazdon and her team then identified restoration hot spots, regions that scored in the top 10 percent in their evaluation. Put together, these hot spots span an area totaling 101 million hectares, about the size of Spain and Sweden put together, scattered around the world. What it shows, according to Chazdon, is that every part of the world has regions that would yield huge dividends from reforestation. 

Most of the highest areas with the highest scores for restoration potential are in tropical rainforests.
Most of the highest areas with the highest scores for restoration potential are in tropical rainforests.

“Our sense is that these really good bets for restoration are found all over the world and many countries can participate in these activities,” Chazdon said. “We did find some concentrations of these highest scores were distributed all over the tropics.” 

In particular, the highest average scores were in African countries like Rwanda, Burundi, and Uganda. “These countries, even though they might not have really large areas of tropical rainforest, the areas that they do have are very important restoration opportunities,” she said. 

However, many of these hot spots are already being used in other ways, like for farming and livestock grazing. Local demand for materials, land, and agriculture is often why these forests were cleared in the first place. That means a restoration program in these regions has to show that it delivers benefits that exceed the current uses of the land. 

Looking at the carbon sequestration potential alone may not be enough to make that case, particularly since most countries don’t have a mechanism that rewards taking in carbon dioxide emissions. 

Forests’ other valuable functions, like purifying water, mitigating air pollution, and drawing tourists, also help make a strong policy case for restoring forests while creating pressure to deter further deforestation.

But Chazdon noted that it’s hard to attach a price tag to every benefit we get from restoring forests, like increasing habitats for endangered species. A purely monetary calculation can backfire if the value of cutting down the forest suddenly increases. And many people who live on cleared forests subsist on their farming, so they need to be compensated and given alternative livelihoods if that land is going to be repurposed. So the biggest hurdle may be coming up with an economic system that benefits the environment while protecting the most vulnerable.

“To really make this work economically kind of requires a frameshift in the way we generate economies,” Chazdon said. “The business as usual approach is what got us into this problem, so to get out, it is going to require some innovative mechanisms.” 

We need to prioritize forest restoration as a means to fight climate change, but we may be running out of time to do it

The Intergovernmental Panel on Climate Change warned last year that the world may have as little as 12 years left to limit warming this century to 1.5 degrees Celsius above preindustrial levels. Keeping global emissions in line with that goal demands a full-court press across all sectors of society, from changing how we produce food to generating all of our power from clean sources. 

But climate change isn’t simply a function of how much greenhouse gases we emit; it depends on how we damage the things that take up carbon. That’s why restoring forests stands to be a massive global opportunity to combat warming. The IPCC is now planning to release a special report this year focusing on land use, which will include forest management. 

Greenpeace environmental activists take part during Save the Amazon in Brazil demonstration in front of the Brazilian embassy on April 24, 2019 in The Hague,Netherlands
Greenpeace environmental activists take part during Save the Amazon in Brazil demonstration in front of the Brazilian Embassy on April 24, 2019, in the Hague, Netherlands.

Climate change in turn is starting to affect forests and their ability to store carbon. Crowther noted that warming is making some of the most carbon-absorbing forest areas less hospitable to their native species. Climate change-exacerbated weather extremes like torrential downpours can also damage forests. That means restoration efforts will have more climate benefits the sooner they are implemented and yield diminishing returns over time.

Duncanson, however, said that it’s not clear what direction carbon absorption will go under climate change. While some regions may become less hospitable to trees, others may benefit from increasing carbon dioxide in the atmosphere, so extrapolating forest behavior from the present into the future may not make sense. 

“We have a lot more certainty with how forests will respond to current growing conditions than in the future,” Duncanson said. “They might be more robust than we think. They might be even better carbon sinkers in the future. We don’t know.”

Also, not every bit of land that can be reforested will be because there are other constraints. Even if a government were inclined to restore a forest, there is a finite amount of money, resources, and political capital to do so. So despite the theoretical potential of countering two-thirds of human-made emissions, it will be breathtakingly hard.

Duncanson said that Chazdon’s and Crowther’s papers both stand out for getting specific in identifying regions where trees could regrow. “It’s nice to see that we have gone to the point of actually having maps of areas to restore forests,” she said. 

She is working on a project, known as the Global Ecosystem Dynamics Investigation (GEDI), that uses LIDAR aboard the International Space Station to create a three-dimensional map of the world’s forests. From there, researchers hope to get a far more accurate estimate of how trees take in carbon dioxide and what that means for the global climate. “I think that will be a nice extension of this work,” Duncanson said. 


Correction: Due to an editing error, an earlier version of this story misstated the area with forest restoration potential. It is 2.2 billion acres.