Bridging the generational gap on #ClimateChange, July 9, 2020

From Emily Atkin:

Tomorrow evening, I’m moderating a conversation about climate change between Republican former Ohio Governor John Kasich and 18-year-old climate justice organizer Jamie Margolin. We’ll be talking about the gaps between young and old, progressive and non-progressive when it comes to climate change—and whether it’s possible to bridge them.

I intend for this conversation to be frank, honest, and challenging—but also respectful. I’d love for you to tune in. It will be streamed on World War Zero’s Facebook Live tomorrow, July 9, at 6pm EST/3pm PST.

Economic Benefits of Protecting 30% of Planet’s Land and Ocean Outweigh the Costs at Least 5-to-1 — Campaign for Nature

Photo credit: Greg Hobbs

Here’s the release from the Campaign for Nature:

First-of-its-kind report shows the global economy is better off with more nature protected

In the most comprehensive report to date on the economic implications of protecting nature, over 100 economists and scientists find that the global economy would benefit from the establishment of far more protected areas on land and at sea than exist today. The report considers various scenarios of protecting at least 30% of the world’s land and ocean to find that the benefits outweigh the costs by a ratio of at least 5-to-1. The report offers new evidence that the nature conservation sector drives economic growth, delivers key non-monetary benefits and is a net contributor to a resilient global economy.

The findings follow growing scientific evidence that at least 30% of the planet’s land and ocean must be protected to address the alarming collapse of the natural world, which now threatens up to one million species with extinction. With such clear economic and scientific data, momentum continues to build for a landmark global agreement that would include the 30% protection target. The United Nations Convention on Biological Diversity has included this 30% protected area goal in its draft 10-year strategy, which is expected to be finalized and approved by the Convention’s 196 parties next year in Kunming, China.

This new independent report, “Protecting 30% of the planet for nature: costs, benefits and economic implications,” is the first ever analysis of protected area impacts across multiple economic sectors, including agriculture, fisheries, and forestry in addition to the nature conservation sector. The report measures the financial impacts of protected areas on the global economy and non-monetary benefits like ecosystem services, including climate change mitigation, flood protection, clean water provision and soil conservation. Across all measures, the experts find that the benefits are greater when more nature is protected as opposed to maintaining the status quo.

The nature conservation sector has been one of the fastest growing sectors in recent years and, according to the report, is projected to grow 4-6% per year compared to less than 1% for agriculture, fisheries, and forestry, after the world recovers from the COVID-19 pandemic. Protecting natural areas also provides significant mental and physical health benefits and reduces the risk of new zoonotic disease outbreaks such as COVID-19, a value that has not yet been quantified despite the extraordinarily high economic costs of the pandemic. A recent study estimated the economic value of protected areas based on the improved mental health of visitors to be $6 trillion annually.

“Our report shows that protection in today’s economy brings in more revenue than the alternatives and likely adds revenue to agriculture and forestry, while helping prevent climate change, water crises, biodiversity loss and disease. Increasing nature protection is sound policy for governments juggling multiple interests. You cannot put a price tag on nature — but the economic numbers point to its protection,” said Anthony Waldron, the lead author of the report and researcher focused on conservation finance, global species loss and sustainable agriculture.

The report’s authors find that obtaining the substantial benefits of protecting 30% of the planet’s land and ocean, requires an average annual investment of roughly $140 billion by 2030. The world currently invests just over $24 billion per year in protected areas.

“This investment pales in comparison to the economic benefits that additional protected areas would deliver and to the far larger financial support currently given to other sectors,” said Enric Sala, co-author of this report, explorer-in-residence at the National Geographic Society and the author of the forthcoming book The Nature of Nature: Why We Need the Wild (August 2020). “Investing to protect nature would represent less than one-third of the amount that governments spend on subsidies to activities that destroy nature. It would represent 0.16% of global GDP and require less investment than the world spends on video games every year.”

The Campaign for Nature (CFN), which commissioned this report, is working with a growing coalition of over 100 conservation organizations, and scientists around the world in support of the 30%+ target, and increased financial support for conservation. CFN is also working with Indigenous leaders to ensure full respect for Indigenous rights and free, prior, and informed consent. CFN recommends that funding comes from all sources, including official development assistance, governments’ domestic budgets, climate financing directed to nature-based solutions, philanthropies, corporations, and new sources of revenue or savings through regulatory and subsidy changes. As 70-90% of the cost would be focused on low and middle income countries because of the location of the world’s most threatened biodiversity, these countries will require financial assistance from multiple sources.

Legal and Environmental Setbacks Stymie Pipelines Nationwide — The New York Times #ActOnClimate #KeepItInTheGround

A sign along U.S. Highway 20 in Stuart, Nebraska, in May 2012. Stuart is on the edge of the Sand Hills, a few miles from Newport. Photo/Allen Best – See more at: http://mountaintownnews.net/2015/11/15/rural-nebraska-keystone-and-the-paris-climate-talks/#sthash.Hm4HePDb.dpuf

From The New York Times (Hiroko Tabuchi and Brad Plumer):

They are among the nation’s most significant infrastructure projects: More than 9,000 miles of oil and gas pipelines in the United States are currently being built or expanded, and another 12,500 miles have been approved or announced — together, almost enough to circle the Earth.

Now, however, pipeline projects like these are being challenged as never before as protests spread, economics shift, environmentalists mount increasingly sophisticated legal attacks and more states seek to reduce their use of fossil fuels to address climate change.

On Monday, a federal judge ruled that the Dakota Access Pipeline, an oil route from North Dakota to Illinois that has triggered intense protests from Native American groups, must shut down pending a new environmental review. That same day, the Supreme Court rejected a request by the Trump administration to allow construction of the long-delayed Keystone XL oil pipeline, which would carry crude from Canada to Nebraska and has faced challenges by environmentalists for nearly a decade.

The day before, two of the nation’s largest utilities announced they had canceled the Atlantic Coast Pipeline, which would have transported natural gas across the Appalachian Trail and into Virginia and North Carolina, after environmental lawsuits and delays had increased the estimated price tag of the project to $8 billion from $5 billion. And earlier this year, New York State, which is aiming to drastically reduce its greenhouse gas emissions, blocked two different proposed natural gas lines into the state by withholding water permits.

The roughly 3,000 miles of affected pipelines represent just a fraction of the planned build-out nationwide. Still, the setbacks underscore the increasing obstacles that pipeline construction faces, particularly in regions like the Northeast where local governments have pushed for a quicker transition to renewable energy. Many of the biggest remaining pipeline projects are in fossil-fuel-friendly states along the Gulf Coast, and even a few there — like the Permian Highway Pipeline in Texas — are now facing backlash.

“You cannot build anything big in energy infrastructure in the United States outside of specific areas like Texas and Louisiana, and you’re not even safe in those jurisdictions,” said Brandon Barnes, a senior litigation analyst with Bloomberg Intelligence…

In recent years…environmental groups have grown increasingly sophisticated at mounting legal challenges to the federal and state permits that these pipelines need for approval, raising objections over a wide variety of issues, such as the pipelines’ effects on waterways or on the endangered species that live in their path…

Strong grass roots coalitions, including many Indigenous groups, that understand both the legal landscape and the intricacies of the pipeline projects have led the pushback. And the Trump administration has moved some of the projects forward on shaky legal ground, making challenging them slightly easier, said Jared M. Margolis, a staff attorney for the Center for Biological Diversity.

For the Dakota and Keystone XL pipelines in particular, Mr. Margolis said, the federal government approved projects and permits without the complete analyses required under environmental laws. “The lack of compliance from this administration is just so stark, and the violations so clear cut, that courts have no choice but to rule in favor of opponents,” he said…

Between 2009 and 2018, the average amount of time it took for a gas pipeline crossing interstate lines to receive federal approval to begin construction went up sharply, from around 386 days at the beginning of the period to 587 days toward the end. And lengthy delays, Mr. Barnes said, can add hundreds of millions of dollars to the cost of such projects…

A slump in American exports of liquefied natural gas — natural gas cooled to a liquid state for easier transport — has also weighed heavily on pipeline projects. L.N.G. exports from the United States had boomed in recent years, more than doubling in 2019 and fast making the country the third largest exporter of the fuel in the world, trailing only Qatar and Australia. But the coronavirus health crisis and collapse in demand has cut L.N.G. exports by as much as half, according to data by IHS Markit, a data firm.

Erin M. Blanton, who leads natural gas research at Columbia University’s Center on Global Energy Policy, said the slump would have a long-term effect on investment in export infrastructure. The trade war with China, one of the largest growth markets for L.N.G. exports, has also sapped demand, she said…

Last year in Virginia, a coalition of technology companies including Microsoft and Apple wrote a letter to Dominion, one of the utilities backing the Atlantic Coast pipeline, questioning its plans to build new natural gas power plants in the state, arguing that sources like solar power and battery storage were becoming a viable alternative as their prices fell. And earlier this year, Virginia’s legislature passed a law requiring Dominion to significantly expand its investments in renewable energy.

“As states are pushing to get greener, they’re starting to question whether they really need all this pipeline infrastructure,” said Christine Tezak, managing director at ClearView Energy Partners…

Climate will also play a larger role in future legal challenges, environmental groups said. “The era of multibillion dollar investment in fossil fuel infrastructure is over,” said Jan Hasselman, an attorney at the environmental group Earthjustice. “Again and again, we see these projects failing to pass muster legally and economically in light of local opposition.”

City of Boulder recognized nationally for using data to effectively respond to challenges

Boulder. By Gtj82 at English Wikipedia – Transferred from en.wikipedia to Commons by Patriot8790., Public Domain, https://commons.wikimedia.org/w/index.php?curid=11297782

Here’s the release from the City of Boulder (Bill Skerpan, Shelby Condit):

Boulder is one of 16 cities across the nation and the first in Colorado recognized this year for well-managed, data-driven local government by achieving What Works Cities silver level certification.

This certification evaluates how effectively cities are managed by measuring the extent to which city leaders incorporate data and evidence in their decision-making against a national standard of excellence.

“I am proud to be part of such an incredible organization,” said City Manager Jane Brautigam. “The What Works Cities certification is yet another testament to the dedication of city staff in ensuring our community receives the best service possible. We will continue to work together to develop evidence-based solutions as we respond to and recover from the public health crisis caused by the coronavirus.”

To gain this certification out of hundreds of other city applicants, Boulder has proven it has the right people, processes, and policies in place to put data and evidence at the center of decision-making. Over the past year, the city has demonstrated measurable progress on foundational data practices, representing its commitment to advancing how data is used to better serve community members.

“We set the goal of achieving WWC certification in 2020, and in less than two years we’ve done it,” said Bill Skerpan, the city’s innovation and analytics manager. “It’s an important milestone for the city, achieved through dedication from departments across the city. But we still have more work to do on this innovation path and are excited to create more effective, efficient, and equitable services for the Boulder community.”

Some examples of Boulder’s use of data that helped the city achieve certification include:

  • The city has a goal to reduce its organizational emissions 80% below 2008 levels by 2030, and as of 2019 has achieved a 38% reduction through energy efficiency, renewables and other efforts.
  • The city’s wastewater treatment team optimized a machine learning model for processing city water that will save costs and minimize environmental impacts. The team’s efforts have already reduced energy consumption by an estimated 500,000 kWh, valued around $15,000.
  • Boulder Fire-Rescue developed a live dashboard using 911 call data to give firefighters real-time insights into emergency trends around the city, among other data-driven efforts to support improved service delivery.
  • During COVID-19 response and recovery, the city has incorporated new data practices to evaluate whether efforts were reducing racial inequities, reviewing demographic data alongside COVID-19 infection and hospitalization rates, employment, basic needs assistance programs, evictions and foreclosures, and more.
    The city’s Open Data Catalog has expanded to include 110 datasets, many updated daily and coming from city departments. This also led to innovative community partnerships such as the 2018-2019 Art of Data exhibit in the Boulder Main Library.
  • Nearly 200 U.S. cities have completed a What Works Cities Assessment to date, while only 24 cities have now met the national standard in achieving certification.
  • About What Works Cities

    What Work Cities, launched by Bloomberg Philanthropies in April 2015, is a national initiative that helps cities use data and evidence more effectively to tackle their most pressing challenges and improve residents’ lives. Through the initiative’s expert partners, cities around the country are receiving technical assistance, guidance and resources to succeed in making more informed decisions, tackling local challenges, and delivering more effective services and programs for their residents. Cities in the What Works Cities network also gain access to a collaborative network of peers in cities across the country. For more information, visit http://whatworkscities.org.

    Already? Conflicting Rulings on 2020 WOTUS Rule — Lexology #DirtyWaterRule

    Fen photo via the USFS

    From Lexology (Nexsen Pruet):

    The silence you are hearing is no one being surprised.

    The limits of the phrase “waters of the United States” within the Clean Water Act (CWA) have been the subject of conflicting, confusing, and often divergent case law for decades, and the efforts of the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) to issue new rulemakings beginning in the Obama administration have only led to a deeper legal quagmire. The most recent effort to redefine the term, the Navigable Waters Protection Rule (2020 WOTUS Rule) is already subject to conflicting court decisions, and split implementation.

    The contrary decisions were both handed down on June 19, 2020 in the United States District Court for the District of Colorado and in the United States District Court for the Northern District of California. The Colorado decision granted the state’s request for a preliminary injunction preventing the implementation of the 2020 WOTUS Rule in Colorado. The California decision considered and rejected a similar request for nationwide injunction by seventeen states.

    Colorado’s decision turned on an analysis of the U.S. Supreme Court Decision in Rapanos v. United States, 547 U.S. 715 (2006). Noting that is difficult to ascertain what the 4-1-4 Rapanos decision actually stands for, the Colorado district court looked at what it stands against. Five justices in Rapanos were expressly opposed to the categorical exclusion of intermittent and ephemeral streams from Clean Water Act protection that was proposed by the plurality opinion of Justice Scalia. Because the 2020 WOTUS Rule attempts to codify what the Supreme Court has already rejected as “inconsistent with the [CWA’s] text, structure, and purpose” (see Rapanos at 776), the judge concluded that Colorado is likely to succeed on the merits, and granted the requested injunction.

    The California decision came to the opposite conclusion, relying heavily on the inherent ambiguity of the term “navigable waters” within the CWA. Citing Chevron U.S.A. v. NRDC, Inc. 467 U.S. 837 (1984), the court believed deference was due to the agencies when implementing ambiguous terms in a statute. The district court also noted that under National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967 (2005), an agency reversing itself regarding the interpretation of an ambiguous term is not automatically cause for denying Chevron deference. Moreover, the district court noted that a “court’s prior judicial construction of a statute [read: Rapanos] trumps an agency construction otherwise entitled to Chevron deference only if the prior court decision holds that its construction follows from the unambiguous terms of the statute and thus leaves no room for agency discretion.” Brand X at 982. The court could not construe any proposition from the fractured Rapanos opinions as following unambiguously from the terms of the CWA, and thus concluded that the plaintiffs had not carried their burden of showing a likelihood of success on the merits. The broader injunction requested by the plaintiffs was denied.

    Colorado Rivers. Credit: Geology.com