Bushfire survivors just won a crucial case against the NSW environmental watchdog, putting other states on notice

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Laura Schuijers, The University of MelbourneThis week was another big one in the land of climate litigation.

On Thursday, a New South Wales court compelled the state Environment Protection Authority (EPA) to take stronger action to reduce greenhouse gas emissions. It’s the first time an Australian court has ordered a government organisation to take more meaningful action on climate change.

The case challenging the EPA’s current failures was brought by a group of bushfire-affected Australians. The group’s president said the ruling means those impacted by bushfires can rebuild their homes, lives, and communities, with the confidence the EPA will also work to do its part by addressing emissions.

The group’s courtroom success shows citizens can play an important role in bringing about change. And it continues a recent trend of successful climate cases that have held government and private sector actors to account for their responsibility to help prevent climate-related harms.

Who are the bushfire survivors?

Members of the group, the Bushfire Survivors for Climate Action, identify as survivors, firefighters and local councillors impacted by bushfires and the continued threat of bushfire posed by climate change.

Their stories paint a picture of devastating loss, and fear of what might be to come. One member, who lost her home, tells of harrowing hours looking for friends and family amid a dark, alien moonscape. Another, a volunteer firefighter, describes the smell of charred and burnt flesh and the silence of the incinerated forests that haunted him.

Fiona Lee, a member of the Bushfire Survivors group, stands in the ruins of her home after a bushfire swept through.
Bushfire Survivors for Climate Action

The group argues that because the NSW EPA is required, by law, to protect the environment through quality objectives, guidelines and policies, these instruments also need to cover greenhouse gas emissions.

Their reasoning is hard to fault: climate change is one of the environment’s most significant threats. In today’s world, you can’t protect the environment without addressing climate change.

To establish this point, the bushfire survivors presented the latest report from the Intergovernmental Panel on Climate Change, which was released while the trial was being heard. The report describes how the temperature rise in Australia could exceed the global average, and predicts increasingly hotter and drier conditions.

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An unperformed duty

The EPA’s statutory duty to protect the environment was already known before the litigation began. That’s because the duty is contained within the EPA’s own legislation.

The Bushfire Survivors brought their case to the NSW Land and Environment Court.
Bushfire Survivors for Climate Action

The EPA protects the environment from other types of pollutants by issuing environment protection licences, monitoring compliance, and imposing fines and clean-up orders. The bushfire survivors were seeking to force the EPA to address greenhouse gas emissions as well.

The EPA unsuccessfully tried to establish it is not required to address any specific environmental problem — i.e. climate change. And it argued that even if it is, it has already done enough.

But the court agreed with the bushfire survivors that the EPA’s instruments already in place aren’t sufficient, leaving the duty “unperformed”.

The court didn’t specify exactly how the EPA should remedy the fact it isn’t adequately addressing climate change, meaning the EPA can decide how it develops its own quality objectives, guidelines and policies, in a way that leads to fewer emissions. It is not the court’s job to make policy.

The EPA might, for example, target the highest-emitting industries and activities, via controls or caps on greenhouse gases.

Importantly, however, the court said the EPA doesn’t have to match its actions with a particular climate scenario, such as a global temperature rise of 1.5℃.

Other states on notice

Although this ruling is specific to NSW, other state environment protection authorities also have legal objectives to protect the environment.

This case may cause other Australian environmental authorities to consider whether their regulatory approaches match what the law requires them to do. This might include a responsibility to protect the environment from climate change.

Another thing we know from the NSW case is that simply having policies and strategies isn’t enough.

The court made it clear aspirational and descriptive plans won’t cut the mustard if there’s nothing to “set any objectives or standards, impose any requirements, or prescribe any action to be taken to ensure the protection of the environment”.

The EPA tried to point to NSW’s Climate Change Framework and Net Zero Plan as a way of showing climate change action. But neither of these was developed by the EPA.

The EPA also presented documents it did develop, including a document about landfill guidelines, a fact sheet on methane, and a regulatory strategy highlighting climate change as a challenge for the EPA.

The court found these weren’t enough to address the threat of climate change and discharge the EPA’s duty, calling the regulatory strategy’s description of climate change “general and trite”.

An Australian first, but not an anomaly

Globally, climate litigation is playing a role in filling gaps in domestic climate governance. Cases in Europe, North and South America, and elsewhere have led to courts pushing governments to do more.

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One of the world’s first major successful climate change cases, Massachusetts v EPA, was similar to the bushfire survivors’ case. Back in 2007, the state of Massachusetts, along with other US states, sued the federal US EPA. They were seeking to force regulatory action on greenhouse gas emissions, and a recognition of carbon dioxide as a pollutant under the Clean Air Act.

While the NSW case comes 14 years after the US case, there has been plenty of courtroom action in Australia in the meantime, with cases against the financial sector, government actors, and corporations.

The Australasian Centre for Corporate Responsibility just filed a lawsuit against Santos.
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In fact, on the same morning as the bushfire survivors’ case, a lawsuit was filed against oil and gas giant Santos in the Federal Court.

The Australasian Centre for Corporate Responsibility will argue statements made in Santos’s annual report are misleading and deceptive. These statements include that natural gas is a “clean fuel” and that it has a “clear and credible” plan to achieve net-zero emissions by 2040.

Climate change is an inevitable problem, and one that will be costly. Lawsuits seeking to force action now aim to limit how great the costs will be down the track. By targeting those most responsible, they are a means of seeking justice.

Laura Schuijers, Research Fellow in Environmental Law, The University of Melbourne

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Environmental activism goes digital in lockdown – but could it change the movement for good?

Greta Thunberg talks with Professor Johan Rockström about the coronavirus and the environment at the Nobel Museum in Stockholm, Sweden, April 21 2020.
EPA-EFE/Jessica Gow

William Finnegan, University of Oxford

The environmental movement’s past recently collided with its future. April 22 marked the 50th anniversary of the first Earth Day, a milestone for environmentalism. A few days later, a global school strike was organised by Fridays for Future, the international coalition of young people inspired by Greta Thunberg’s protests against climate change. But after months of careful planning, both occasions were upended by the COVID-19 pandemic – and went online instead.

So when social distancing measures are eased, will protests return to the streets, or do these events mark a turning point?

In 1970, an estimated 20 million Americans (10% of the US population at the time) participated in the first Earth Day. Back then, US senator Gaylord Nelson conceived of a national “teach-in” to raise environmental awareness and recruited Harvard law student Denis Hayes to organise the event.

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Teach-ins had emerged in the mid-1960s as a hybrid of student sit-ins and informal lectures in opposition to the Vietnam War. Rather than going on strike, teachers and students occupied classrooms instead. According to environmental historian Adam Rome, 1,500 universities and 10,000 schools held Earth Day teach-ins in April 1970, “nurturing a generation of activists.”

A postage stamp issued to commemorate the first Earth Day, April 1970.
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In the decades that followed, the environmental movement grew into a political and cultural force. Yet subsequent Earth Days failed to capture the urgency and grassroots passion of the original.

The 50th anniversary Earth Day sought to address this by going back to its roots. Teach-ins were planned for classrooms and campuses across the world, but COVID-19 closed schools. The day of action evolved into a 12-hour live-stream during which actors, athletes, musicians, politicians, and even Pope Francis shared messages of environmental stewardship and climate action.

The school climate strikes originated in August 2018, when 15-year-old Greta Thunberg skipped school to protest inaction on climate change outside the Swedish parliament.

Within little more than a year, seven million students and their supporters were joining school strikes around the world and Thunberg was making headlines for her scathing speeches at the UN climate conference in Poland and [World Economic Forum in Davos]. Another global strike was scheduled for April 2020, but COVID-19 again pushed the event online.

The school strikes and annual Earth Day celebrations reflect different generations of environmental activism and different philosophies of protest. Yet both have been guided by the environmental slogan “think globally, act locally”. During the pandemic, environmental activists are now thinking globally and acting digitally.

‘Clicktivism’ and digital natives

I’m researching climate change education and youth climate activism in the UK. Like the protesters, I’ve been forced to adapt my plans and have been exploring the digital side of climate activism.

Online activism has been called “clicktivism”, or, disparagingly, “slacktivism”. It’s been characterised as impulsive, noncommittal and easily replicated, emphasising the lower risks and costs of political expression on social media versus protest and political engagement in the real world. But the relationship between digital technology and social movements is more complicated.

Researchers are split on the precise role of digital activism. From one perspective, campaigners can use social media to “supersize” their public engagement. This helps them to reach more people and bypass traditional media channels. Other researchers emphasise the power of the internet to help activists self-organise. Without the structure or hierarchy of traditional organisations, digital platforms can allow completely new forms of activism to flourish.

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A recent study found that climate advocacy groups that started on the internet, such as 350.org, have different online strategies, tactics and theories of change compared to older environmental groups such as Greenpeace. Founded in 2008, 350.org (which is both a URL and reference to the safe level of 350 parts per million carbon dioxide in the atmosphere) led the first wave of internet-savvy, youth-driven environmental organisations.

Successful digital campaigns at 350.org have been described as a virtuous cycle where online tools spur offline action – the results of which can be documented and shared online to inspire further action.

Modern activists can film demonstrations using smartphones and share them online, reaching a much wider audience.
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It’s too early to say how the school climate strikes of 2019 have influenced the broader movement, but current research is exploring how climate strikers are using Instagram and how collective identities on social media may drive collective action. As “digital natives”, these young climate activists grew up with the internet, smartphones and social media. Their movement uses memes and hashtags across YouTube, Instagram and Twitter, where Thunberg has more than four million followers.

While COVID-19 prevents offline action, thousands of #ClimateStrikeOnline social media posts show solitary protesters around the world armed with handmade signs, a virtual echo of where the movement started. When it comes to climate activism, digital natives are now leading the way. The revolution will be live-streamed.

William Finnegan, PhD Candidate in Climate Education and Activism, University of Oxford

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Climate explained: the environmental footprint of electric versus fossil cars

The best way to compare emissions from electric cars is to assess all phases of a life cycle analysis.
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Md Arif Hasan, Victoria University of Wellington and Ralph Brougham Chapman, Victoria University of Wellington

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Climate Explained is a collaboration between The Conversation, Stuff and the New Zealand Science Media Centre to answer your questions about climate change.

If you have a question you’d like an expert to answer, please send it to climate.change@stuff.co.nz

There is a lot of discussion on the benefits of electric cars versus fossil fuel cars in the context of lithium mining. Please can you tell me which one weighs in better on the environmental impact in terms of global warming and why?

Electric vehicles (EVs) seem very attractive at first sight. But when we look more closely, it becomes clear that they have a substantial carbon footprint and some downsides in terms of the extraction of lithium, cobalt and other metals. And they don’t relieve congestion in crowded cities.

In this response to the question, we touch briefly on the lithium issue, but focus mainly on the carbon footprint of electric cars.

The increasing use of lithium-ion batteries as a major power source in electronic devices, including mobile phones, laptops and electric cars has contributed to a 58% increase in lithium mining in the past decade worldwide. There seems little near-term risk of lithium being mined out, but there is an environmental downside.

The mining process requires extensive amounts of water, which can cause aquifer depletion and adversely affect ecosystems in the Atacama Salt Flat, in Chile, the world’s largest lithium extraction site. But researchers have developed methods to recover lithium from water.

Turning to climate change, it matters whether electric cars emit less carbon than conventional vehicles, and how much less.

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Emissions reduction potential of EVs

The best comparison is based on a life cycle analysis which tries to consider all the emissions of carbon dioxide during vehicle manufacturing, use and recycling. Life cycle estimates are never entirely comprehensive, and emission estimates vary by country, as circumstances differ.

In New Zealand, 82% of energy for electricity generation came from renewable sources in 2017. With these high renewable electricity levels for electric car recharging, compared with say Australia or China, EVs are better suited to New Zealand. But this is only one part of the story. One should not assume that, overall, electric cars in New Zealand have a close-to-zero carbon footprint or are wholly sustainable.

A life cycle analysis of emissions considers three phases: the manufacturing phase (also known as cradle-to-gate), the use phase (well-to-wheel) and the recycling phase (grave-to-cradle).

The manufacturing phase

In this phase, the main processes are ore mining, material transformation, manufacturing of vehicle components and vehicle assembly. A recent study of car emissions in China estimates emissions for cars with internal combustion engines in this phase to be about 10.5 tonnes of carbon dioxide (tCO₂) per car, compared to emissions for an electric car of about 13 tonnes (including the electric car battery manufacturing).

Emissions from the manufacturing of a lithium-nickel-manganese-cobalt-oxide battery alone were estimated to be 3.2 tonnes. If the vehicle life is assumed to be 150,000 kilometres, emissions from the manufacturing phase of an electric car are higher than for fossil-fuelled cars. But for complete life cycle emissions, the study shows that EV emissions are 18% lower than fossil-fuelled cars.

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The use phase

In the use phase, emissions from an electric car are solely due to its upstream emissions, which depend on how much of the electricity comes from fossil or renewable sources. The emissions from a fossil-fuelled car are due to both upstream emissions and tailpipe emissions.

Upstream emissions of EVs essentially depend on the share of zero or low-carbon sources in the country’s electricity generation mix. To understand how the emissions of electric cars vary with a country’s renewable electricity share, consider Australia and New Zealand.

In 2018, Australia’s share of renewables in electricity generation was about 21% (similar to Greece’s at 22%). In contrast, the share of renewables in New Zealand’s electricity generation mix was about 84% (less than France’s at 90%). Using these data and estimates from a 2018 assessment, electric car upstream emissions (for a battery electric vehicle) in Australia can be estimated to be about 170g of CO₂ per km while upstream emissions in New Zealand are estimated at about 25g of CO₂ per km on average. This shows that using an electric car in New Zealand is likely to be about seven times better in terms of upstream carbon emissions than in Australia.

The above studies show that emissions during the use phase from a fossil-fuelled compact sedan car were about 251g of CO₂ per km. Therefore, the use phase emissions from such a car were about 81g of CO₂ per km higher than those from a grid-recharged EV in Australia, and much worse than the emissions from an electric car in New Zealand.

The recycling phase

The key processes in the recycling phase are vehicle dismantling, vehicle recycling, battery recycling and material recovery. The estimated emissions in this phase, based on a study in China, are about 1.8 tonnes for a fossil-fuelled car and 2.4 tonnes for an electric car (including battery recycling). This difference is mostly due to the emissions from battery recycling which is 0.7 tonnes.

This illustrates that electric cars are responsible for more emissions than their petrol counterparts in the recycling phase. But it’s important to note the recycled vehicle components can be used in the manufacturing of future vehicles, and batteries recycled through direct cathode recycling can be used in subsequent batteries. This could have significant emissions reduction benefits in the future.

So on the basis of recent studies, fossil-fuelled cars generally emit more than electric cars in all phases of a life cycle. The total life cycle emissions from a fossil-fuelled car and an electric car in Australia were 333g of CO₂ per km and 273g of CO₂ per km, respectively. That is, using average grid electricity, EVs come out about 18% better in terms of their carbon footprint.

Likewise, electric cars in New Zealand work out a lot better than fossil-fuelled cars in terms of emissions, with life-cycle emissions at about 333 g of CO₂ per km for fossil-fuelled cars and 128g of CO₂ per km for electric cars. In New Zealand, EVs perform about 62% better than fossil cars in carbon footprint terms.

Md Arif Hasan, PhD candidate, Victoria University of Wellington and Ralph Brougham Chapman, Associate Professor , Director Environmental Studies, Victoria University of Wellington

This article is republished from The Conversation under a Creative Commons license. Read the original article.

More than 1,700 activists have been killed this century defending the environment

Nathalie Butt, The University of Queensland and Mary Menton, University of Sussex

According to records compiled by the campaign group Global Witness, 1,738 people described as environmental defenders were killed between 2002 and 2018, across 50 countries.

Their latest report for 2018, released last week, identified 164 killings

Although the figure is slightly down on that for 2017, the group says the number of reported deaths has been increasing over time with about three people killed each week on average.

Yet the campaign group says only about 10% of these killings from 2002-2013 resulted in a conviction, compared with about 43% on average for global homicide convictions in 2013.

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In a study of the group’s data from 2002-2017, published today in Nature Sustainability, we found many of the deaths related to conflict over natural resources, including fossil fuels, timber and water. All but three of the countries where deaths were recorded are classed as highly corrupt, according to their Corruption Perceptions Index score.

What’s an environmental defender?

The term environmental defenders can include anyone involved in protecting land, forests, water and other natural resources.

Environmental defenders can be community activists, Indigenous peoples, lawyers, journalists or non-governmental organisation (NGO) staff. They are defined not by job title or political identity, but by their struggles to protect the environment or land rights. Many are part of collective struggles: they do not act alone.

One of the most well-known murdered defenders is Chico Mendes, a Brazilian rubber tapper, union leader and environmentalist. He was killed in 1988 for his work protecting the Amazon and advocating for the rights of local people.

More recently, in another corner of the Brazilian Amazon, José Claudio Ribeiro and Maria do Espirito Santo were killed in 2011 for defending their forests against illegal loggers.

In Cambodia, Chut Wutty, director of the Natural Resource Protection Group and a critic of military and government corruption in illegal logging, was shot and killed in 2012.

Berta Cáceres was murdered in 2016 for her fight against a dam that encroached on the water and land rights of the Lenca people of Honduras. Her death led to international movements calling for justice.

While some of the killings have sparked international outcry, others led to much more localised repercussions. Still others remain unreported and are not accounted for in the Global Witness database.

A conflict of interest

Conflicts over natural resources are often the underlying cause of the violence against environmental defenders. They are linked to different resources and sectors, such as fossil fuels, minerals, agriculture, aquaculture, timber and to the land or water from where these resources can be extracted.

We can see these conflicts as the continuation of historical colonial land use and appropriation. Today, the environmental footprint arising from the resource consumption of high-income countries is effectively outsourced to less wealthy nations and regions.

This is where raw materials are sourced in a country separate to where the resulting product or service is consumed.

Resource extraction is often carried out by companies or groups without legitimate rights to that resource. Examples include illegal logging in community forests. There is also the consumption of water from rivers that traditionally supplied villages or towns, for example, foreign mining companies in Bolivia.

While some of these natural resource drivers are local or national, in many cases it is multinational companies that are directly outsourcing their resource needs that play a role in violence against environmental defenders.

But who is actually doing the killing?

Violence against defenders may be carried out by those representing their own interests, such as illegal loggers or miners, or on behalf of government interests.

In one case, it’s alleged it was police in Pau D’Arco, Brazil who killed ten land defenders in May 2017, and in Chut Wutty’s case it’s alleged it was the military police who carried out the killing.

In our study we found weak rule of law and corruption in a country is closely correlated with environmental defender deaths.

We also found that indigenous people represent a disproportionate percentage of the defenders who are killed. About 40% of deaths recorded in 2015 and 2016, and about 30% in 2017, were indigenous people.

Indigenous people manage or have tenure over about a quarter of the world’s surface (about 38 million square kilometres. Conflict over natural resources is often related to a lack of recognition or acknowledgement of these rights.

A well-known recent example in the United States,Standing Rock involved resistance of the Sioux tribe, and allies, to the North Dakota Access Pipe Line. The aggressive response of the authorities, lead to the hospitalisation of many demonstrators.

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We believe companies that profit from natural resources extracted under conditions that disregard the rights of environmental defenders are complicit in driving violence through their supply chains. They have a responsibility to act ethically.

There is an urgent need for a global perspective on natural resource conflicts. What is currently happening, in terms of the displacement of environmental and social damage, is a result of globalisation, and is increasing with trade and consumption.

The voices of those trying to defend the environment are being silenced. Low conviction rates show few people are being held accountable for these killings. This cycle of violence and impunity affects entire communities, creating a climate of fear. Despite their fear, many continue to fight for social and environmental justice.

Nathalie Butt, Postdoctoral Fellow, The University of Queensland and Mary Menton, Research Fellow in Environmental Justice, University of Sussex

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Labor promises a comprehensive overhaul of federal environmental framework

Michelle Grattan, University of Canberra

Australia will get the biggest overhaul of its federal environment laws in two decades if a Labor government is elected next year.

Labor would establish a new Australian Environment Act and create a federal Environmental Protection Agency in its first term.

The commitments were flagged by Bill Shorten and approved by delegates at the ALP national conference, which is meeting in Adelaide.

The new legislation would replace the present Environment Protection and Biodiversity Conservation Act which was passed under the Howard government’s environment minister Robert Hill in 1999.

The new agency would oversee and enforce the revised act, conduct inquiries and advise the minister on environmental approval decisions.

Environment shadow minister Tony Burke said the current act was now twenty years old and had not been significantly reformed.

“It is time to bring it into the twenty-first century. In 2018, it is bizarre that the national environmental law does not properly factor in climate change”, Burke said.

He said the new EPA would have “the mission to protect Australia’s natural environment”.

“It will be informed by the best available scientific advice and ensure compliance with environmental law.”

It would “have the ability to conduct public inquiries on important environmental matters”.

“The new legal framework will compel the Australian government to actively protect our unique natural environment and demonstrate national leadership”

The decisions are a victory for the Labor Environment Action Network (LEAN), a group within the ALP membership that lobbies on environmental matters. LEAN got about 480 branches to sign up to its push for extensive reforms.

While LEAN did not obtain its whole agenda, it won extensive elements of what it was pressing for.

The changes were promoted by the left of the ALP.

It was reported that there was resistance from Burke to some of the LEAN demands.

Burke said Labor would establish a working group of experts including scientists, environmental lawyers and public policy thinkers to refine the detail of the changes. Stakeholders, including states and territories, Indigenous representatives, affected industries, business groups, unions and civil society would also be involved.“

“The Australian Environment Act will aim to tackle problems identified by industry, which has identified inefficiencies, delays and hurdles. The new law will protect the environment while aiming to give business more certainty”, Burke said.

The Greens said the environmental protections endorsed by Labor would “fail without proper investment and a commitment to no new coal, oil and gas”.

The Places You Love alliance of 54 environment groups said: “The ALP’s commitment to stronger laws that will help end the decline of nature and our extinction epidemic, and an independent national watchdog to enforce those laws, represents a step by a major political party towards rectifying decades of neglect of Australia’s environment”.

Labor’s reform agenda was attacked by the Minerals Council of Australia which said it would “add another layer of green bureaucracy, which will cost jobs, discourage investment and make it easier for activists to disrupt and delay projects”.

Michelle Grattan, Professorial Fellow, University of Canberra

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Giving environmental water to drought-stricken farmers sounds straightforward, but it’s a bad idea

Erin O’Donnell, University of Melbourne and Avril Horne, University of Melbourne

Deputy Prime Minister Michael McCormack last week suggested the government would look at changing the law to allow water to be taken from the environment and given to farmers struggling with the drought.

This is a bad idea for several reasons. First, the environment needs water in dry years as well as wet ones. Second, unilaterally intervening in the way water is distributed between users undermines the water market, which is now worth billions of dollars. And, third, in dry years the environment gets a smaller allocation too, so there simply isn’t enough water to make this worthwhile.

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In fact, the growing political pressure being put on environmental water holders to sell their water to farmers is exactly the kind of interference that bodies such as the Commonwealth Environmental Water Holder were established to avoid.

The environment always needs water

The ongoing sustainable use of rivers is based on key ecosystem functions being maintained, and this means that environmental water is needed in both wet and dry years. The objectives of environmental watering change from providing larger wetland inundation events in wet years, to maintaining critical refuges and basic ecosystem functions in dry years.

Prolonged dry periods cause severe stress to ecosystems, such as during the Millennium Drought when many Murray River red gums were sickened by salinity and lack of water. Environmental water is essential for ecosystem survival during these periods.

Under existing rules, environmental water holders can sell and buy water so as to deliver maximum benefits at the places and times it is most needed.

But during dry years the environmental water holders receive the same water allocations as other users. So it’s very unlikely there will be any “spare” water during drought. During a dry period, the environment is in urgent need of water to protect endangered species and maintain basic ecosystem functions.

We should be cautious when environmental water is sold during drought, as this compromises the ability of environmental water holders to meet their objectives of safeguarding river health. When the funds from the sale are not used to mitigate the loss of the available water to the environment, this is even more risky.

Secure water rights support all water users

In response to McCormack’s suggestion, the National Irrigators’ Council argued that compulsorily acquiring water from the environment can actually hurt farmers who depend on the water market as a source of income or water during drought.

Water markets are underpinned by clear legal rights to water. In other words, the entitlements the environment holds are the same as those held by irrigators. If the government starts treating environmental water rights as barely worth the paper they’re printed on, farmers would have every reason to fear that their own water rights might similarly be stripped away in the future.

Maintaining the integrity of the water market is important for all participants who have chosen to sell water, based on reasonable expectations of how prices will hold up.

Can taking environmental water actually help farmers?

As federal Water Resources Minister David Littleproud noted this week, environmental water is only about 8% of total water allocations in storage throughout the Murray Darling Basin. In the southern basin, it is still only about 14%. This means that between 86% and 92% of water currently sitting in storage is already allocated to human use, including farming.

There are calls for the Commonwealth government to treat the drought as an emergency and to take (or “borrow”) water from environmental water holders. But the Murray-Darling Basin Plan already has specific arrangements in place for emergencies in which critical human water needs are threatened.

The current situation in New South Wales is not an emergency under the plan. Water resources across the northern Murray-Darling Basin are indeed low, but storages in the southern basin are still 50-75% full. Although many licence holders in NSW received zero water in July’s round of allocations, high-security water licences are at 95-100%. In northern Victoria, most high-reliability water shares on the Murray are at 71% allocation.

The situation can therefore be managed using existing tools, such as providing direct financial support to farming communities and buying water on the water market.

Environmental water is an investment, not a luxury

As Australia’s First Nations have known for millennia, a healthy environment is not an optional extra. It underpins the sustainability and security of the water we depend on. When river flows decline, the water becomes too toxic to use.

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Water has been allocated to the environment throughout the Murray-Darling Basin to prevent the catastrophic blue-green algal blooms and salinity problems we have experienced in the past. If we want safe, secure water supplies for people, livestock and crops, we need to keep these key river ecosystems alive and well during the drought.

In the past decade alone, Australia has spent A$13 billion of taxpayers’ money to bring water use in the Murray-Darling Basin back to sustainable levels. If we let our governments treat the environment like a “water bank” to spend when times get tough, this huge investment will have been wasted.

Erin O’Donnell, Senior Fellow, Centre for Resources, Energy and Environment Law, University of Melbourne and Avril Horne, Research fellow, Department of Infrastructure Engineering, University of Melbourne

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Latest twist in the Adani saga reveals shortcomings in environmental approvals

Adani faces court over allegations of concealing the amount of coal water released in Caley Valley Wetlands last year.
Ian Sutton/flickr, CC BY-NC-SA

Samantha Hepburn, Deakin University

It was reported this week that the federal Environment Department declined to prosecute Adani for failing to disclose that its Australian chief executive, Jeyakumar Janakaraj, was formerly the director of operations at a Zambian copper mine when it discharged toxic pollutants into a major river. Under the federal Environmental Protection Biodiversity Conservation Act, Adani is required to reveal the environmental history of its chief executive officers, and the federal report found Adani “may have been negligent”.

The revelations come as Adani faces down the Queensland government in the planning and environment court, over allegations the company concealed the full amount of coal-laden water discharged into the fragile Caley Valley Wetlands last year.

These concerns highlight some fundamental problems with the existing regulatory framework surrounding the long term utility and effectiveness of environmental conditions in upholding environmental protections for land impacted by mining projects.

How effective are environmental conditions?

In 2016, the federal government granted Adani a 60-year mining licence, as well as unlimited access to groundwater for that period.

These licences were contingent on Adani creating an environmental management plan, monitoring the ongoing impact of its mining activities on the environment, and actively minimising environmental degradation.

But are these safeguards working?

In 2015 Advocacy group Environmental Justice Australia reported several non-compliance issues with the Abbott Point Storm Water Dam, such as pest monitoring, weed eradication, establishing a register of flammable liquids, and implementation of the water monitoring plan.

More recently, in late 2017, significant amounts of black coal water were discovered in the fragile Caley Valley Wetlands next to the mine. Adani stands accused of withholding the full extent of the spill, redacting a laboratory report showing higher levels of contamination.

Adani seems to have released coalwater into the wetland despite it being a condition of its environmental approval that it takes sufficient care to avoid contamination. Its A$12,000 penalty for non-compliance is relatively small compared with the company’s operating costs.

In this instance, the environmental conditions have provided no substantive protection or utility. They have simply functioned as a convenient fig leaf for both Adani and the government.

Who is responsible for monitoring Adani?

Adani’s proposed mine falls under both state and federal legislation. Queensland’s Environmental Protection Act requires the holder of a mining lease to plan and conduct activities on site to prevent any potential or actual release of a hazardous contaminant.

Furthermore, the relevant environmental authority must make sure that hazardous spills are cleaned up as quickly as possible.

But as a project of “national environmental significance” (given its potential impact on water resources, threatened species, ecological communities, migratory species, world heritage areas and national heritage places), the mine also comes under the federal Environmental Protection Biodiversity Conservation Act.

Federal legislation obliges Adani to create an environmental management plan outlining exactly how it plans to promote environmental protection, and to manage and rehabilitate all areas affected by the mine.

Consequently, assessment of the environmental impact of the mine was conducted under a bilateral agreement between the both the federal and state regulatory frameworks. This means that the project has approval under both state and federal frameworks.

The aim is to reinforce environmental protection however in many instances there are significant problems with a lack of clear delineation with respect to management, monitoring and enforcement.

Does the system work?

Theoretically, these interlocking frameworks should work together to provide reinforced protection for the environment. The legislation operates on the core assumption that imposing environmental conditions minimises the environmental degradation from mining. However, the bilateral arrangement can often mean that the responsibility for monitoring matters of national environmental significance devolves to the state and the environmental conditions imposed at this level are ineffectively monitored and enforced and there is no public accountability.

Arguably, some environmental conditions hide deeper monitoring and enforcement problems and in so doing, actually exacerbate environmental impacts.

For example, it has been alleged that Adani altered a laboratory report while appealing its fine for the contamination of the Caley Valley Wetlands, with the original document reportedly showing much higher levels of contamination. The allowable level of coal water in the wetlands was 100 milligrams. The original report indicated that Adani may have released up to 834 milligrams. This was subsequently modified in a follow-up report and the matter is currently under investigation.

If established, this amounts to a disturbing breach with potentially devastating impacts. It highlights not only the failure of the environmental condition to incentivise behavioural change, but also a fundamental failure in oversight and management.

If environmental conditions are not supported by sufficient monitoring processes and sanctions, they have little effect.

Environmental conditions are imposed with the aim of managing the risk of environmental degradation by mining projects. However, their enforcement is too often mired by inadequate andopaque enforcement and oversight procedures, a lack of transparency and insufficient public accountability  

While the Queensland Labor government considers whether to increase the regulatory pressures on Adani, by subjecting them to further EPBC Act triggers such as the water resource trigger or the implementation of a new climate change trigger, perhaps the more fundamental question is whether these changes will ultimately improve environmental protection in the absence of stronger transparency and accountability and more robust management and enforcement processes for environmental conditions attached to mining projects.

Samantha Hepburn, Director of the Centre for Energy and Natural Resources Law, Deakin Law School, Deakin University

This article was originally published on The Conversation. Read the original article.

Australia doesn’t ‘get’ the environmental challenges faced by Pacific Islanders

Environmental threats in the Pacific Islands can be cultural as well as physical.
Christopher Johnson/Wikimedia Commons, CC BY-SA

Steven Cork, Australian National University and Kate Auty, University of Melbourne

What actions are required to implement nature-based solutions to Oceania’s most pressing sustainability challenges? That’s the question addressed by the recently released Brisbane Declaration on ecosystem services and sustainability in Oceania.

Compiled following a forum earlier this year in Brisbane, featuring researchers, politicians and community leaders, the declaration suggests that Australia can help Pacific Island communities in a much wider range of ways than simply responding to disasters such as tropical cyclones.

Many of the insights offered at the forum were shocking, especially for Australians. Over the past few years, many articles, including several on The Conversation, have highlighted the losses of beaches, villages and whole islands in the region, including in the Solomons, Catarets, Takuu Atoll and Torres Strait, as sea level has risen. But the forum in Brisbane highlighted how little many Australians understand about the implications of these events.

Over the past decade, Australia has experienced a range of extreme weather events, including Tropical Cyclone Debbie, which hit Queensland in the very week that the forum was in progress. People who have been directly affected by these events can understand the deep emotional trauma that accompanies damage to life and property.

At the forum, people from several Pacific nations spoke personally about how the tragedy of sea-level rise is impacting life, culture and nature for Pacific Islanders.

One story, which has become the focus of the play Mama’s Bones, told of the deep emotional suffering that results when islanders are forced to move from the land that holds their ancestors’ remains.

The forum also featured a screening of the film There Once Was an Island, which documents people living on the remote Takuu Atoll as they attempt to deal with the impact of rising seas on their 600-strong island community. Released in 2011, it shows how Pacific Islanders are already struggling with the pressure to relocate, the perils of moving to new homes far away, and the potentially painful fragmentation of families and community that will result.

There Once Was an Island.

Their culture is demonstrably under threat, yet many of the people featured in the film said they receive little government or international help in facing these upheavals. Australia’s foreign aid budgets have since shrunk even further.

As Stella Miria-Robinson, representing the Pacific Islands Council of Queensland, reminded participants at the forum, the losses faced by Pacific Islanders are at least partly due to the emissions-intensive lifestyles enjoyed by people in developed countries.

Australia’s role

What can Australians do to help? Obviously, encouraging informed debate about aid and immigration policies is an important first step. As public policy researchers Susan Nicholls and Leanne Glenny have noted,
in relation to the 2003 Canberra bushfires, Australians understand so-called “hard hat” responses to crises (such as fixing the electricity, phones, water, roads and other infrastructure) much better than “soft hat” responses such as supporting the psychological recovery of those affected.

Similarly, participants in the Brisbane forum noted that Australian aid to Pacific nations is typically tied to hard-hat advice from consultants based in Australia. This means that soft-hat issues – like providing islanders with education and culturally appropriate psychological services – are under-supported.

The Brisbane Declaration calls on governments, aid agencies, academics and international development organisations to do better. Among a series of recommendations aimed at preserving Pacific Island communities and ecosystems, it calls for the agencies to “actively incorporate indigenous and local knowledge” in their plans.

At the heart of the recommendations is the need to establish mechanisms for ongoing conversations among Oceanic nations, to improve not only understanding of each others’ cultures but of people’s relationships with the environment. Key to these conversations is the development of a common language about the social and cultural, as well as economic, meaning of the natural environment to people, and the building of capacity among all nations to engage in productive dialogue (that is, both speaking and listening).

This capacity involves not only training in relevant skills, but also establishing relevant networks, collecting and sharing appropriate information, and acknowledging the importance of indigenous and local knowledge.

Apart from the recognition that Australians have some way to go to put themselves in the shoes of our Pacific neighbours, it is very clear that these neighbours, through the challenges they have already faced, have many valuable insights that can help Australia develop policies, governance arrangements and management approaches in our quest to meet the United Nations Sustainable Development Goals.

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This article was co-written by Simone Maynard, Forum Coordinator and Ecosystem Services Thematic Group Lead, IUCN Commission on Ecosystem Management.

Steven Cork, Adjunct Associate Professor, Crawford School of Public Policy, Australian National University and Kate Auty, Vice Chancellor’s Fellow, University of Melbourne

This article was originally published on The Conversation. Read the original article.

Is the Murray-Darling Basin Plan broken?

Ross M Thompson, University of Canberra

A recent expose by the ABC’s Four Corners has alleged significant illegal extraction of water from the Barwon-Darling river system, one of the major tributaries of the Murray River. The revelations have triggered widespread condemnation of irrigators, the New South Wales government and its officials, the Murray-Darling Basin Authority and the Basin Plan itself.

If the allegations are true that billions of litres of water worth millions of dollars were illegally extracted, this would represent one of the largest thefts in Australian history. It would have social and economic consequences for communities along the entire length of the Murray-Darling river system, and for the river itself, after years of trying to restore its health.

Water is big business, big politics and a big player in our environment. Taxpayers have spent A$13 billion on water reform in the Murray-Darling Basin in the past decade, hundreds of millions of which have gone directly to state governments. Governments have an obligation to ensure that this money is well spent.

The revelations cast doubt on the states’ willingness to do this, and even on their commitment to the entire Murray-Darling Basin Plan. This commitment needs to be reaffirmed urgently.

Basic principles

To work out where to go from here, it helps to understand the principles on which the Basin Plan was conceived. At its foundation, Australian water reform is based on four pillars.

1. Environmental water and fair consumption

The initial driver of water reform in the late 1990s was a widespread recognition that too much water had been allocated from the Murray-Darling system, and that it had suffered ecological damage as a result.

State and Commonwealth governments made a bipartisan commitment to reset the balance between water consumption and environmental water, to help restore the basin’s health and also to ensure that water-dependent industries and communities can be strong and sustainable.

Key to this was the idea that water users along the river would have fair access to water. Upstream users could not take water to the detriment of people downstream. The Four Corners investigation casts doubt on the NSW’s commitment to this principle.

2. Water markets and buybacks

The creation of a water market under the Basin Plan had two purposes: to allow water to be purchased on behalf of the environment, and to allow water permits to be traded between irrigators depending on relative need.

This involved calculating how much water could be taken from the river while ensuring a healthy ecosystem (the Sustainable Diversion Limit). Based on these calculations, state governments developed a water recovery program, which aimed to recover 2,750 gigalitres of water per year from consumptive use, through a A$3 billion water entitlement buyback and a A$9 billion irrigation modernisation program.

This program hinged on the development of water accounting tools that could measure both water availability and consumption. Only through trust in this process can downstream users be confident that they are receiving their fair share.

3. States retain control of water

Control of water was a major stumbling block in negotiating the Murray-Darling Basin Plan, because of a clash between states’ water-management responsibilities and the Commonwealth’s obligations to the environment.

As a result, the Murray-Darling Basin Authority sits outside of both state and Commonwealth governments, and states have to draw up water management plans that are subject to approval by the authority.

The states are responsible for enforcing these plans and ensuring that allocations are not exceeded. The Murray-Darling Basin Authority cannot easily enforce action on the ground – a situation that generates potential for state-level political interference, as alleged by the Four Corners investigation.

4. Trust and transparency

The Murray-Darling Basin Plan was built on a foundation of trust and transparency. The buyback scheme has transformed water into a tradeable commodity worth A$2 billion a year, a sizeable chunk of which is held by the Commonwealth Environmental Water Office.

Water trading has also helped to make water use more flexible. In a dry year, farmers with annual crops (such as cotton) can choose not to plant and instead to sell their water to farmers such as horticulturists who must irrigate to keep their trees alive. This flexibility is valuable in Australia’s highly variable climate.

Yet it is also true that water trading has created some big winners. Those with pre-existing water rights have been able to capitalise on that asset and invest heavily in buying further water rights, an outcome highlighted in the Four Corners story.

More than A$20 million in research investment has been devoted to ensuring that the ecological benefits of water are optimised – most notably through the Environmental Water Knowledge and Research and Long Term Intervention Monitoring programs. What is not clear is whether water extractions and their policing have been subjected to a similar degree of review and rigour.

What next for the Murray-Darling Basin?

The public needs to be able to trust that all parties are working honestly and accountably. This is particularly true for the downstream partners, who are the most likely victims of management failures upstream. Without trust in the upstream states, the Murray-Darling Basin Plan will unravel.

State governments urgently need to reaffirm their commitment to the four pillars that underpin the Murray-Darling Basin Plan, and to reassure the public that in retaining control of water they are operating in good faith.

Finally, rigour and transparency are needed in assessing the Basin Plan’s methods and environmental benefits, and the operation of the water market. The Productivity Commission’s review of national water policy, and its specific review of the Murray-Darling Basin Plan next year, will offer a clear opportunity to reassure everyone that the A$13 billion of public money that has gone into water reform in the past decade has been money well spent.

Only then will the fragile trust that underlies the water reform process be maintained and built.

Ross M Thompson, Chair of Water Science and Director, University of Canberra

This article was originally published on The Conversation. Read the original article.

Around the world, environmental laws are under attack in all sorts of ways

In Montana and Idaho, endangered gray wolves are no longer safe outside national parks.
Ronnie Howard/Shutterstock.com

Bill Laurance, James Cook University

As President Donald Trump mulls over whether to pull out of the Paris climate agreement, it is hard to imagine that he’s listening to the experts. US climate researchers are being so stifled, ignored or blackballed that France has now offered sanctuary to these misunderstood souls.

One might prefer to think of Trump as an outlier in an otherwise environmentally sane world. But alarmingly, there’s just too much evidence to the contrary.

A recent analysis, led by Guillaume Chapron of Sweden’s Agricultural University, reveals a rising tide of assaults on environmental safeguards worldwide. If nothing else, it illustrates the sheer range and creativity of tactics used by those who seek to profit at the expense of nature.

The assaults on environmental protections are so diverse that Chapron and his colleagues had to devise a new “taxonomy” to categorise them all. They have even set up a public database to track these efforts, giving us a laundry list of environmental rollbacks from around the world.

Nick Kim / http://www.lab-initio.com

One might perhaps hope that species staring extinction in the face would be afforded special protection. Not in the western US states of Idaho and Montana, where endangered gray wolves have been taken off the endangered species list, meaning they can be shot if they stray outside designated wilderness or management areas.

In Western Australia, an endangered species can be legally driven to extinction if the state’s environment minister orders it and parliament approves.

Think diverse ecosystems are important? In Canada, not so much. There, native fish species with no economic, recreational or indigenous value don’t get any legal protection from harm.

And in France – a crucial flyway for Eurasian and African birds – killing migratory birds is technically illegal. But migrating birds could be shot out of the sky anyway because the environment minister ordered a delay in the law’s enforcement.

In South Africa, the environment minister formerly had authority to limit environmental damage and oversee ecological restoration at the nation’s many mining sites. But that power has now been handed over to the mining minister, raising fears of conflict between industry and environmental interests.

In Brazil, the famous Forest Code that has helped to reduce deforestation rates in the Amazon has been seriously watered down. Safeguards for forests along waterways and on hillsides have been weakened, and landowners who illegally fell forests no longer need to replant them.

In the Indian Ocean island nation of Mauritius, endangered species are protected by law, unless it is deemed to be in the “national interest” not to do so. Although an endangered species, the endemic Mauritius flying fox was annoying commercial fruit farmers, so the government has allowed more than 40,000 flying foxes to be culled.

And in Indonesia, it’s illegal to carry out destructive open-pit mining in protected forest areas. But aggressive mining firms are forcing the government to let them break the law anyway, or else face spending public money on legal battles.

Shoot the messengers

Campaigners should also beware. Under new legislation proposed in the UK, conservation groups that lose lawsuits will be hit with heavy financial penalties.

In many parts of the world, those who criticise environmentally destructive corporations are getting hit with so-called “strategic lawsuits against public participation”, or SLAPP suits.

In Peru, for instance, a corporation that was mowing down native rainforest to grow “sustainable” cacao for chocolate routinely used lawsuits and legal threats to intimidate critics.

That’s before we’ve even discussed climate change, which you might not be allowed to do in the US anyway. Proposed legislation would prohibit the government from considering climate change as a threat to any species. No wonder researchers want to move overseas.

Nick Kim / http://www.lab-initio.com

As the above examples show, essential environmental safeguards are being conveniently downsized, diminished, ignored or swept under the carpet all over the world.

Viewed in isolation, each of these actions might be rationalised or defended – a small compromise made in the name of progress, jobs or the economy. But in a natural world threatened with “death by a thousand cuts”, no single wound can be judged in isolation.

Without our hard-won environmental protections, we would all already be breathing polluted air, drinking befouled water, and living in a world with much less wildlife.

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This article is an edited version of a blog post that originally appeared here.

Bill Laurance, Distinguished Research Professor and Australian Laureate, James Cook University

This article was originally published on The Conversation. Read the original article.