3 reasons local climate activism is more powerful than people realize

Greta Thunberg (weißes T-Shirt und Megaphon mitte-rechts) und Luisa Neubauer (daneben in Grün) im Demonstrationszug von Fridays For Future, Berlin, 24.09.21
Greta Thunberg (weißes T-Shirt und Megaphon mitte-rechts) und Luisa Neubauer (daneben in Grün) im Demonstrationszug von Fridays For Future, Berlin, 24.09.21

By Adam Aron, The Conversation

Global warming has increased the number of extreme weather events around the world by 400% since the 1980s. Countries know how to stop the damage from worsening: stop burning fossil fuels and shift to renewable energy, electrify transportation and industry, and reduce the carbon intensity of agriculture.

But none of this is happening fast enough to avoid warming on a catastrophic scale.

In my new book, “The Climate Crisis,” I lay out the mechanisms and impacts of the climate crisis and the reasons behind the lack of serious effort to combat it. One powerful reason is the influence that the fossil fuel industry, electric utilities and others with a vested interest in fossil fuels have over policymakers.

But there’s another reason for this inaction that everyone has the ability to change: response skepticism – the public doesn’t believe in its own political power enough or use it.

When people speak up and work together, they can spur powerful changes. You can see this in university students demanding that their chancellor retire the campus fossil fuel power plant and switch to renewable electricity. You can also see it in ranchers in Colorado pushing their governor to enact a clean electricity standard so that they can benefit from having wind turbines on their lands.

Protesters marching. Photo by Kelly on Pexels.

Yet, while 70% of American adults describe climate change as an important concern, only 10% say they volunteered for an activity focused on addressing climate change or contacted an elected official about it in the previous year, according to a 2021 Pew Research Center poll.

Why do so few adults participate in actions to encourage governments and decision-makers to do more about climate change, even though surveys show they support doing so, and how can they overcome the skepticism holding them back?

What prevents people from speaking out

Polls show some people see how money from wealthy industries and individuals influences politicians and don’t believe politicians listen to the public.

Others are distracted by arguments that can tamp down engagement, such as campaigns that urge people to focus on individual recycling, or ask why the U.S. should do more if other countries aren’t, or argue that that there’s no need to rush because future technology will save humanity. Some believe that corporate and university promises to reach carbon neutrality in the future – often far in the future – are enough.

These narratives can be seductive. The focus on recycling, for example, offers a sense of satisfaction that one accomplished something. The arguments that China emits more greenhouse gases and that future technology will fix everything appear to exonerate people from having to take any steps now.

American adults' views vs. actions on climate change.

Studies have found that participating in local climate actions may require a constellation of values, attitudes and beliefs, including believing in one’s own ability, and the group’s, to get things done. Some of these beliefs can be developed through practice in organizing together, which is often downright fun, and has other psychological benefits that flow from increased solidarity in an often alienating society.

What I believe is particularly important is having a local theory of change – believing that, while human-caused climate change is a global problem, it is worthwhile taking local action.

3 reasons local activism matters

Research and history suggest that local action is more powerful than many people realize. Here are three key reasons:

First, much of the policy change that can affect climate change is local rather than national.

For example, replacing fossil fuel power plants with renewable energy technology can help lower greenhouse gas emissions. Much of this is under the control of state governments, which delegate the authority to public utility commissions. The public can pay attention to what utilities and public utility commissions do, and let their governors know that they are watching by writing letters and joining local groups that make their voices heard.

ECO NOT EGO. Global climate change strike - No Planet B - 09-20-2019. Photo by Markus Spiske on Unsplash.
ECO NOT EGO. Global climate change strike – No Planet B – 09-20-2019. Photo by Markus Spiske on Unsplash

Cities can set policies to replace natural gas with electric appliances in homes and buildings, encourage homeowners to install efficient electric heat pumps and determine whether investments are made in public transit instead of freeways. When pressured, city officials do enact these policies.

Second, local wins can become contagious. In 1997, a handful of advocates in Massachusetts won their battle for a local policy under which a portion of electricity bill payments went to a not-for-profit agency that funneled money toward renewables. By 2022, this policy, known as community choice aggregation, was adopted by over 1,800 local governments across six states, affecting millions of people. Local action can also create learning curves for technology – pushing for more solar and wind turbines leads to increased manufacture and price drops.

Third, local action can trigger national policy, spread to other countries and ultimately trigger global agreements.

There are many historical examples, from the suffragette movement that won U.S. women the right to vote, to the fight for a 40-hour work week. Local action in the Southern U.S. catalyzed 1960s civil rights laws. Local action for same-sex marriage, starting in San Francisco, led to state laws and ultimately to federal legislation signed in December 2022 that prohibits states from refusing to recognize out-of-state marriages based on sex, race or ethnicity.

Fridays for Future climate march. Photo by Mika Baumeister on Unsplash.
Fridays for Future climate march. Photo by Mika Baumeister on Unsplash.

Environmental regulation in the 1970s is a striking case. It started with public alarm about cities clouded in smog, rivers catching fire from industrial waste and beaches fouled by oil spills. Citizens organized thousands of protest actions, and municipalities responded by implementing environmental enforcement.

The lawsuits that followed were very costly for corporate interests, which then supported federal intervention as a way to have predictable rules. It was President Richard Nixon who signed some of the furthest reaching legislation ever.

Youth successes in changing climate policy

In 2022, Congress passed the Inflation Reduction Act, which authorizes nearly $400 billion of climate-related spending over 10 years. I believe the youth-led Sunrise Movement can claim a major role in its success.

The group has relentlessly organized marches and demonstrations in dozens of cities since 2019 and pressured Democrats in Congress. While the result fell short of the group’s vision for a Green New Deal, it went further than any previous climate-related law.

The Conversation

Does Supreme Court decision doom power plant rulemakings?

‘Seismic decision’ in landmark climate ruling, CNN says in reporting on decision written by Chief Justice Roberts

By Bud Ward, Yale Climate Connections (CC BY-NC-ND 2.5)

Devastating.” “Hamstrings …” “… a major blow …” “destructive …” a cataclysm …”

And more.

Those are a few of the early terms used by proponents of greenhouse gas emission regulation to describe the U.S. Supreme Court’s June 30 decision in the most significant environmental case of its session … and perhaps since the Court’s ruling in 2007 finding carbon dioxide a public health pollutant subject to regulation under the Clean Air Act.

In its final decision of this consequential term, the court’s now-familiar six-to-three conservative majority ruled EPA had gone beyond its legal authority by attempting to regulate greenhouse gases through the Obama-era Clean Power Plan. The decision was written by Chief Justice John Roberts, with the three progressive justices dissenting.

But the decision did leave the door slightly ajar to Congress’s outright authorization of such regulations somewhere down the highly uncertain road ahead. Critics of the court’s ruling in West Virginia v. EPA found that option highly unlikely politically and, in any event, nothing to celebrate.

Private sector, market forces, big business left to take climate leadership roles? (to be determined)

“Devastating” is the term the Biden White House used in its initial take on the decision.

Carol Browner, EPA Administrator during the Clinton administration, not surprisingly, used the same term in an interview with CNN, which labeled the ruling a “big blow” to Biden administration climate change ambitions. The decision is expected by many to have implications extending far beyond EPA and climate, affecting rule making by diverse Executive branch agencies (the “administrative state”) on a wide swath of issues.

Upcoming posts coming soon at this site will provide detailed coverage on the court’s ruling; on reactions to the ruling from legal and policy experts; and on what options the federal government, and perhaps some states, might next consider in attempting to reduce greenhouse gas pollutant emissions and atmospheric concentrations.

Forecast ahead: Lots of uncertainty, lots more case-by-case litigation, further doubts over U.S. global role, let alone “leadership,” on climate change.

A law unto themselves

Image by David Mark from Pixabay
Image by David Mark from Pixabay

Why don’t we have any proper system of environmental law?

By David RentonThe Ecologist  (CC BY-NC-ND 4.0).

A series of legal rights has emerged in recent years as if from nothing, and each has become thickened with all sorts of rules and exceptions.

It used to be that the only employment law was, in practice, the law relating to strikes. Half a century later, we have a generalised system of individual employment law.

The main book collecting employment law regulations runs to a tightly-printed 3,000 pages and weighs over two kilogrammes.

Extinction

We did not use to have any information law: now we have the Data Protection Act, the Freedom of Information Act, a specialist enforcement body and an appeals tribunal.

Immigration law has grown from a tiny area, the reserve of a few dozen specialists to provisions so complicated that even the judges complain.  

“Immigration law is a total nightmare,” said immigration judge Nicholas Easterman in 2017. “I don’t suppose the judges know any more about it than the appellants who come before them.”

But while these areas have grown, environmental law has seen no similar expansion.

In Britain there is still no system of environmental law despite half a century of growing public awareness of environmental degradations, of species extinction and the poisoning of the rivers and seas.

Regulating

We have hints of it: in the criminal law for example, when lawyers defend protesters.

When central or local government makes a decision which has an environmental impact that decision can be judicially reviewed in the High Court.

The First-Tier Tribunal contains an Environmental Chamber which hears appeals by business after they have been fined under regulations dealing with eco-design, single user carrier bags, waste, etc.

But these hints fall short of constituting a proper system of environmental justice, in which the people who pollute and poison our world can, for example, have their property removed from them.

Often the problem is said to be one of “standing”. In other words, that unless and until trees and mountains can sue in their own name, then no-one will be able to restrict the decisions made by government in planning and regulating industry.

Interference

And it is true that this absence hampers lawyers: destroy a creature’s habitat and the harm to them will aways be greater than the second-hand suffering done to the people who care for nature.

Yet, standing is only a part of the problem. Over the past 25 years, the group of charities who have been empowered to bring judicial review cases has widened. But it remains true that most such claims are brought, fought hard, and lost.

Until we can sue and expropriate the worst of the polluters, it is hard to see how business will feel any pressure to change.

The answer is not a cadre of judges willing to be bolder in their application of judicial review. For that is a remedy against government.

And most damage to the environment is done by businesses rather than the state, and if a company pollutes the air or the water or contributes to global warming, the citizen has almost no meaningful redress against them.

More than a century ago, Victorian judges developed the idea of a private nuisance, a harm which happens when one person causes an unreasonable interference to the use and enjoyment of a person’s property.

Neoliberalism

Yet a claim in nuisance cannot only be brough by a landowner. Imagine, the owner of a commercial forest which has been damaged by acid rain. Who would the owner sue?

The time between an act of environmental destruction and its consequences may be protracted. The distance between the release of a pollutant and the harm it causes may be hundreds of miles. What, if the polluter is outside the United Kingdom? Nuisance assumes that pollution is incapable of crossing borders.

After fifty years of growing public consciousness we should have – but no court has actually recognised – a system of economic wrongs – “torts” – done against nature, and a series of remedies including both compensation and confiscation.

Only then would there be the intellectual infrastructure so that claims brought in the name of trees or mountains would have effect. But that would only be the first step. And its creation now would be too late.

The irony is that for the last forty years, we have lived through a political moment  – “neoliberalism” – which has been open to the creation of new laws.

Right

Under neoliberalism, the whole of existence is understood as an opportunity for the creation of markets – in water, in housing, in utilities – which require rules and people to enforce them.

No mechanism has been accepted for changing how business behave, except through market creation, and business regulation and reward. The vast majority of people are left out of these dynamics.

Think of the European Union Emissions Trading System (EEUTS), the main policy mechanism of the EU for resisting climate change which was set up in 2005 to use market solutions to prevent global warming.

Although this is “European law”, UK politicians enthusiastically supported these proposals. On Britain’s departure from the European Union, a UK Emissions Trading Scheme was drawn up, closely modelled on it.

The idea was that 10,000 or so factories, power stations, and similar companies responsible for around half the EU’s CO2 emissions would each be permitted a certain maximum volume of greenhouses gases which they could release. If they wanted to produce more than their cap, they would have to buy the right to produce extra carbon.

Punishment

States give companies a carbon budget which they are entitled to trade. The scheme has therefore worked via a series of subsidies to business – like so much supposed regulation in recent years.

Companies have been provided with an asset – a hypothetical entitlement to produce greenhouse gases – which they can sell on the market.

So, between 2008 and 2015, cement producers were gifted between over 5 billion euros of windfall profits; and this to the European representatives of a commercial sector which produces one in twelve of all carbon emissions worldwide.

The point was not to prevent emissions but to enrich those who held property. An OECD report found in 2018, that the firms within the scheme had on average 16 percent more fixed revenues than they would have had they never been regulated.

The scheme has been widely criticised: initially for oversupplying emissions allowance, causing the price of carbon so low that there was no punishment for polluters.

Cement

It has incentivised false accounting: by rewarding companies which make promises to plant trees – even if there is no prospect of them being planted, or to invest in technology to suck carbon out of the atmosphere, even where that technology does not exist; or by buying up the nominal credits arising from the legacy of old industrial technologies and washing them through the system repeatedly, in order to allow business to keep on expanding.

The verdict on the EEUTS appears to be that it caused a one-off reduction of around ten percent in European carbon emissions but that, despite repeated attempts to tighten it, the scheme has diminishing effect every year.

A fall of ten percent in carbon emissions is not to be dismissed; but the EU’s carbon reduction goal is to reach 40 percent within eight years.

The problem with the EEUTS, and with its British counterpart, is that there is no mechanism for the citizen to complain, say, if a cement company misses its carbon targets.

Polluters

It is left to the same governments to enforce which ignore commercial fraud and money laundering, which prosecute people who are overpaid welfare benefits but refuse to prosecute businesses when they have taken millions in grants to which they were not entitled.

Under the EEUTS and under all the Regulations made over the past 40 years, mere voters are not parties to the litigation; we cannot demand that a business be fined or have its property taken away because of its reckless stewardship of its environmental resources.

Perhaps there is a debate to be a had about whether we as a society truly want to make citizens enforcers. There are things to be learned from the way in which employment law has grown at just the same time that trade union have been weakened, a balance is needed between the law and social movements.

But until we can sue and expropriate the worst of the polluters, it is hard to see how business will feel any pressure to change.