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11,000 scientists say that the ‘climate emergency’ is here

More than 11,000 scientists declared a climate emergency today in — where else — an article published in a scientific journal.

“Scientists have a moral obligation to clearly warn humanity of any great existential threat and to ‘tell it like it is,’” begins the “World Scientists’ Warning of a Climate Emergency,” published in BioScience. It continues, “On the basis of this obligation … we declare … clearly and unequivocally, that planet Earth is facing a climate emergency.”

The declaration was co-written by William Ripple, a professor of ecology at Oregon State University and the founder of the environmental advocacy group Alliance of World Scientists, and undersigned by more than 11,000 scientists and climate experts.

These signatories aren’t the first to describe the present state of the climate as a crisis. Hundreds of governments of various sizes around the world, including New York City and the United Kingdom, have passed resolutions saying the same. This summer, some members of Congress proposed a resolution for the U.S. government to join the climate-emergency chorus.

This particular declaration is a little different, though — for one thing, it’s peer reviewed. It’s also the first time so many scientists have directly told the public that the current state of the climate constitutes a crisis, rather than letting their data speak for itself.

“Phrases like ‘climate change’ sound a little bit mild, in terms of how severe the problem is,” Ripple told Grist. “So, we wanted to publish language that is consistent with the data and the trends that we’re seeing.”

Ripple organized a similar initiative back in 2017, when he and 15,000 other scientists issued a “warning to humanity” about climate change (which was itself an homage to a climate warning written by a different group of scientists in 1992). But Ripple decided it was time to upgrade the warning to a declaration of emergency after talking to Representative Earl Blumenauer from Oregon, who introduced the resolution for Congress to declare a national climate emergency back in July.

“In my view, declaring a climate emergency should mostly be based on the data,” said Ripple. “These governmental bodies, they’ll look to the science to see if they are on solid ground before they pass these resolutions.”

Even though outright climate denialism is increasingly illegitimate in mainstream news, the debate over whether to use words like “catastrophe,” “emergency,” or “crisis” continues. So Ripple wanted politicians, activists, and the general public to know that the science supports urgency. He wrote the letter, which details the basic facts of climate change — how human impacts, like CO2 emissions and deforestation, have environmental consequences, like the concentration of greenhouse gases in the atmosphere and global temperature rise — and sent it around to other scientists, who added their names to the message by the thousands.

But what exactly does it mean to declare a climate emergency? Sure, the first step to solving a problem is admitting you have one, and advocates of climate emergency resolutions point out that acknowledging the severity of the problem posed by our warming planet is a prerequisite for action.

It’s easy to look skeptically at climate emergency resolutions, though, since they’re largely symbolic measures at a time when there are so many tangible actions that need to be taken — transitioning the energy sector from fossil fuels to renewable sources, say. Resolutions also usually (although not always) call for vague, nonbinding measures without legal mechanisms to hold governments accountable for meeting them.

Whether or not you think climate emergency resolutions are an effective tactic for inspiring more concrete actions, it’s a pretty big deal that so many scientists have decided it’s necessary to step out of their labs and into the political arena. If you didn’t believe our warming planet is in a state of emergency, just know that several thousand scientists want you to know otherwise.

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11,000 scientists say that the ‘climate emergency’ is here

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New study pinpoints the places most at risk on a warming planet

As many as five billion people will face hunger and a lack of clean water by 2050 as the warming climate disrupts pollination, freshwater, and coastal habitats, according to new research published last week in Science. People living in South Asia and Africa will bear the worst of it.

Climate activists have been telling us for a while now that global warming isn’t just about the polar bears, so it’s hardly breaking news that humans are going to suffer because nature is suffering. But what is new about this model is the degree of geographic specificity. It pinpoints the places where projected environmental losses overlap with human populations who depend on those resources and maps them with a nifty interactive viewer.

This model identifies not just the general ways climate change harms the environment and how people will feel those changes, but also where these changes will likely occur, and how significant they’ll be. It’s an unprecedented degree of detail for a global biodiversity model.

Patricia Balvanera, a professor of biodiversity at National University of Mexico who wasn’t involved in the study, said the new model “provides an extremely important tool to inform policy decisions and shape responses.”

The model looks at three specific natural systems that humans benefit from: pollination (which enables crops to grow), freshwater systems (which provide drinking water), and coastal ecosystems (which provide a buffer from storm surges and prevent erosion). Using fine-scale satellite imagery, the team of scientists mapped predicted losses to these natural systems onto human population maps. The resulting map allows you to see how many people could be impacted by environmental changes, and where.

“We were specifically trying to look at how nature is changing in delivering [a] benefit, and then where it overlaps with people’s needs,” said Rebecca Chaplin-Kramer, the lead scientist at the Natural Capital Project, a Stanford University-based research group that produced the study.

To understand why the Natural Capital Project’s model is groundbreaking, you need to understand a little bit about past attempts to gauge how the environmental effects of climate change will impact people. It’s a pretty hard thing to do — natural processes are interconnected systems, and many of the ways that humans benefit from these natural processes (what scientists call “ecosystem services” or “nature’s contributions to humanity”) aren’t obvious.

“The real challenge, with nature’s contributions to people, is that it benefits us in so many ways that it’s sort of mind-boggling,” Chaplin-Kramer said. “It’s just so abstract that it tends to be disregarded.”

The Natural Capital Project’s model was initially intended to support the massive U.N. biodiversity report released this spring. That report coalesced 15,000 scientific studies into the most comprehensive survey ever done of how climate change threatens global biodiversity — science-speak for “every living thing.” Even if you didn’t read the whole thing, you probably saw headlines like “One million species at risk of extinction, UN report warns.” The IPBES report included a 200-odd page chapter that laid out how all the different things we could see happen to nature will affect people — depending on how humanity reacts in the next few decades to the climate crisis.

But the IPBES report bumped up against one of the biggest challenges when it comes to quantifying nature’s contributions to humankind: Most occur on a local scale. “Spatial context really matters,” said Chaplin-Kramer. “It’s not just the total amount of nature we have, but where we have it, and if it’s in the place where it can deliver the most benefits to people.”

Bee pollinator habitats, for example, only provide benefits to people if they’re within a few miles of the farms that grow our food. Plants that filter nitrogen out of a stream are only “useful” for humans if they’re downstream of the pollution source and upstream of the population. So while the IPBES was able to offer lots of predictions about the aggregate consequences of biodiversity loss — e.g., food supplies will suffer as we lose habitats for bees — they weren’t able to say specifically where they’d occur.

The new model does more than illustrate a problem with great detail — the framework behind it also has the potential to be a powerful tool for avoiding the worst effects of climate change. It could help people prepare for the catastrophes it forecasts.

Unai Pascual, a lead author of the IPBES report and co-author of the Science article, sees this model as taking the IPBES report’s findings a step further, translating a conceptual framework “into something that really can be applied.”

Scientists and non-scientists alike are interested in understanding how to maximize the benefits provided by nature. Just this week a study published in Science Advances found that biologically diverse fields yielded more crops than farms practicing monoculture. Iowan farmers are finding that planting strips of land that mimic native prairies has a range of benefits. In China, a national “Ecological Redline Policy” takes ecosystem services into account in zoning decisions.

These sorts of programs will be more necessary as climate change continues to threaten ecosystems around the world, and policymakers and businesses are increasingly looking to scientists for information about how to protect the natural resources humans need most.

Chaplin-Kramer’s team is working with the World Bank to develop a “Natural Capital” index so that countries can track the condition of their natural resources. They’re also working on an optimization framework to figure out which interventions will have the greatest impact. That will help policymakers use this information to implement conservation policies in the places where, as Chaplin-Kramer put it, “you can get the most bang for your buck.”

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New study pinpoints the places most at risk on a warming planet

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If facts don’t make you prepare for a hurricane, what does?

North Carolina is a magnet for hurricanes. Hurricanes Matthew and Florence both paid a visit in recent years, inundating towns and causing billions in damage. So if anyone in the United States knew firsthand that climate change was here, it would be the residents of New Hanover County, home to Wilmington and one of most vulnerable places in the country to hurricanes and sea-level rise.

A new study published in the journal Climatic Change looked at whether homeowners in this coastal county accepted climate science, and whether that made a difference in how they safeguarded their house against a future storm. The short answer: It didn’t.

The conventional wisdom is that if people knew the threat they faced and believed measures to protect their home would work (and had the money to act) they’d do the logical thing and try to keep their family safe. But the new research, which surveyed more than 600 homeowners in New Hanover County in 2017, found that none of these factors made a difference. “That was the biggest sobering takeaway,” said Tracy Kijewski-Correa, an author of the study and an associate professor of civil and environmental engineering and earth sciences at Notre Dame University.

Although the study found a few “bright spots” — some people who connected the dots and tried to protect themselves — the correlation wasn’t strong enough to make a statistically significant difference, Kijewski-Correa said. The new research is in line with previous studies that suggest that giving information alone is not enough to change behavior, according to Susan Clayton, a professor of psychology at the College of Wooster in Ohio who wasn’t involved in the study.

Why didn’t homeowners who knew they were at risk do a better job of preparing? It comes down to the complexities of human behavior. People do things all the time that they know are risky, like smoking cigarettes and driving cars. And when it comes to hurricanes, insurance and assistance from the Federal Emergency Management Agency might have lulled people into complacency, Kijewski-Correa said.

“Even if people think they could be at risk, they assume that they’ll be taken care of if that bad day should ever happen,” Kijewski-Correa said. That’s often not how things turn out. FEMA just last week denied a funding request for residents of several North Carolina counties that suffered property damage from Hurricane Dorian in September. That includes some 400 people on Ocracoke Island who lost their homes.

So how do you convince people living in vulnerable places to spend time and money preparing for a catastrophe that’ll strike who knows when?

Clayton, the psychologist, recommends using social norms to apply pressure. One problem with installing hurricane-proof windows is that nobody can really see the difference, she explained. “A community could give people little signs to put in their lawns: ‘I’ve hurricane-proofed my house,’” Clayton said. “That would let people know that other people were taking action.”

Relying on people to do the smart thing voluntarily can only go so far. For a more far-reaching solution, governments could mandate enhanced building codes or use other policies to motivate homeowners to protect themselves. But the new study found that the North Carolinians surveyed “were very much opposed to the government intervening,” Kijewski-Correa said.

Money might prove the most effective way to get through to people. Kijewski-Correa suggested that the influence of real-estate markets might work better than government regulation. “One way we can change this is to change what we value in home buying and selling,” she said. So, safety measures trump granite countertops.

“Think about how many times [real-estate agents] show off the kitchen and the brand-new bathrooms,” Kijewski-Correa said. “How many times do they the show off the roof that will actually keep your family alive in a hurricane?”

One silver lining: The study suggests that denying the scientific consensus on climate change isn’t that much of an obstacle to keeping people safe.

The “leave climate out of it” approach is already having some success in towns in North Carolina. Some local governments have adopted ordinances pushing new construction to higher ground, mentioning “flood damage” but not rising seas.

Kijewski-Correa said that bringing up climate change in discussions about preventing disasters might backfire with some people who live in flood-prone areas, and recommended talking about how hurricanes are getting stronger and flooding is getting worse.

“They’re at risk,” she said, “and that’s what keeps me up at night, more than the partisan bickering around the issue.”

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If facts don’t make you prepare for a hurricane, what does?

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Killing California car pollution rules could kill speed limits

If you want to upend a half-century of legal tradition, you better have a damn-solid argument to justify your move. Especially if it’s a legal move so broad that it could nullify local speed limits.

President Donald Trump is attempting a tectonic upheaval of precedent by telling California it can’t set its own rules for the greenhouse gases coming out of cars. The administration’s rationale is so broad, according to one law professor, that it would wipe out a lot more than the state’s ability to set its own standards. It could also outlaw state gas taxes, city speed limits, and various other local rules. If courts agree, the Trump administration’s case would lead to a tremendous shift of power from state and local governments to Washington.

“Their interpretation is just so broad, and so lacking in any limiting principles, that I couldn’t determine why even the most silly example wouldn’t apply,” said Greg Dotson, an assistant professor at the University of Oregon School of Law, who wrote a paper examining the administration’s argument.

Since the late 1960s, California has been setting car-pollution rules that go beyond the federal standards, and, until recently, the federal government has endorsed that as a reasonable way for state governments to deal with their own unique situations. It all started because California had more cars and more smog than other states.

But now the Trump Administration is trying to change all that, basing its argument on a line from the Energy Policy and Conservation Act of 1975, which covers federal fuel economy standards. The relevant part:

“no State or political subdivision of a State shall have authority to adopt or enforce any law or regulation relating to fuel economy standards or average fuel economy standards applicable to automobiles covered by such Federal standard.”

On its face, that seems pretty cut and dry. If there’s a federal gas mileage standard, states and cities can’t mess with it. But if that’s the right interpretation, Dotson notes, there’s a ton of laws “relating to fuel economy standards” that would be in deep trouble. Gas taxes and speed limits affect vehicles’ fuel economy more than California’s greenhouse gas rules, as do local laws like bans on idling cars (which exist in nine states and many cities), and rules on the speed you can go when towing a trailer.

“Would anyone expect or want some 50-year-old law to pre-empt every state gas tax?” Dotson asked. “It’s goofy.”

There’s a lot more legalese to the administration’s argument, but that line from the Energy Policy and Conservation Act is the foundation, said Caitlin McCoy a fellow at Harvard Law School’s Environmental and Energy Law Program.

“It’s everything,” McCoy said. “And it’s indicative of the strategy that the Trump administration has employed on environmental issues, looking for limiting principles in the underlying statutes so they can achieve the biggest cuts to authority.”

And it’s not like the Trump White House is strictly interested in slashing state authority. It argued on the side of state’s rights when fighting the Clean Power Plan, McCoy said.

California and 22 other states have already sued the Trump administration in federal court to stop the move. That means the courts will decide whether there’s any good reason to let states keep the power to set their own rules. If you want a preview of how this might play out in court, it’s worth looking at the last attempt to take away the rights of states to regulate car emissions. In 2007, President George W. Bush’s administration tried to strip California’s authority to regulate greenhouse gas pollution from cars. But the Bush administration wasn’t exactly enthusiastic about pursuing the case. As Dotson wrote, a lawyer from the EPA explained that “After review of the docket and precedent, we don’t believe there are any good arguments against granting the waiver [allowing California to regulate greenhouse gases]. All of the arguments . . . are likely to lose in court if we are sued.”

But we never saw that put to the test. When President Barack Obama came into office in 2009, he granted California’s authority to make its own rules, putting off the fight until now.

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Killing California car pollution rules could kill speed limits

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‘The next Flint,’ and America’s problem with lead in its water

Tell me if you’ve heard this one before: A U.S. city is facing a public health crisis, after years of denying that it had a problem with lead in its drinking water supply. In 2016, that would have been a reference to Flint, Michigan. This week, it’s Newark, New Jersey, where city officials on Sunday resorted to handing out bottled water to affected residents.

Lead has long been recognized as a potent neurotoxin. The health effects of lead exposure in children include lowered IQ and increased risk of behavioral disorders. Exposed adults are more likely to develop a slew of health problems including nerve, kidney, and cardiovascular issues. Pregnant women and babies are especially vulnerable, as even low levels are associated with serious, irreversible damage to developing brains and nervous systems.

No amount of lead is considered “safe,” but the federal government has set a limit of 15 parts per billion in drinking water. At one point, tests in Flint revealed lead levels at over 100 ppb. In July, a test showed Newark water lead levels at 55 ppb. In both cases residents say the city’s denials and delays came at a cost to their wellbeing.

“The mayor keeps saying that this isn’t like Flint,” Newark resident Shakima Thomas told Grist way back in November. “It is the same as Flint in the way that they tried to cover it up. We were victimized by this administration. They gamble with our health. They put politics first before justice.”

And that pattern appears to be continuing. Some experts say they already have a good idea of where the “next, next Flint” might be.

How Newark became “the next Flint”

The warning signs have been in Newark since 2016 — the same year Flint’s crisis hit the front pages. City officials have long denied it has a major lead problem with its drinking water, insisting the issue was limited to buildings with aging infrastructure — though they did shut water fountains down in more than 30 schools, providing bottled water instead. A city-wide water testing plan was set up in 2017 – and over the following 18 months, multiple tests showed more than 10 percent of homes in the city had lead levels exceeding the 15-parts-per-billion federal limit.

Last fall, the city began giving out water filters to some 40,000 residents. But residents complained that they were not told how necessary the filters were, or were unclear on how to properly install them. Then last week, the Environmental Protection Agency sent the city a letter citing serious concerns about drinking water safety, saying the filters Newark residents were given may never have worked properly. The EPA tested water filtered through the city-provided filters and lead levels still came out above the federal limit.

“We are unable at this time to assure Newark residents that their health is fully protected when drinking tap water filtered through these devices,” the EPA’s letter read.

When the city began handing out bottled water this weekend, some residents waited in line for water for hours, only to find out it was only being passed out to people who live in certain areas. (The National Resource Defense Council brought a federal lawsuit against the city to force Newark to deliver bottled water to expand its bottled water giveaway to residents who are pregnant or have children age 6 or younger in the eastern part of the city.) Efforts hit another snag when officials realized the bottled water had expired and had to temporarily stop the handouts.

New Jersey Governor Phil Murphy and Newark Mayor Ras Baraka issued a joint statement Monday, calling on federal officials to help. “We take this very seriously,” they said. “We want to be out ahead of this.”

The next “next Flint”

While Newark currently holds the dubious moniker of “the next Flint,” advocates say another city is in the running for the title: Pittsburgh. Lead concerns in the Steel City have been bubbling up for years now, culminating with a major lawsuit brought against the city by Pittsburgh United and the NRDC that was settled earlier this year.

In 2014, the Pittsburgh Water and Sewer Authority changed which chemicals they use in the public water pipes. (Chemicals can interact with the lead pipes in different ways, and in some cases, cause corrosion of lead pipes.) By 2016, the number of resident requests for water testing had risen significantly, according to local media. The problem wasn’t publicly acknowledged until 2017, when the city made a plan to distribute water filters to some residents. (That part took through 2018.)

In February 2019, the NRDC and Pittsburgh United settled their lawsuit against the city. The terms? The city agreed to replace thousands of lead pipes, provide all low-income residents with free water filters, and to prioritize action for homes where children live. Lead levels still exceed the federal standard but have been falling over this past year.

“The time lag is extremely serious — and it has a real impact on not only the health of families, but also a huge psychological impact once they find out,” said Dimple Chaudhary, an NRDC attorney and lead counsel in cases against both Flint and Pittsburgh. “I’ve spoken to mothers who are absolutely devastated when they find out they may have fed their baby lead-tainted formula.”

A familiar pattern

So why do these lead problems take so long for cities to acknowledge?

Chaudhary, who is advising on the NRDC and Newark Education Workers Caucus’ lawsuit against Newark (filed in early 2019), says she sees a pattern with lead contamination crises. First, community members suspect there is a problem, but may not have access to all the related information due to a lack of transparency by public officials. As residents advocate their case to city officials, weak regulations, poorly presented data, and low political will can lead to belated city acknowledgment of the problem. And even when both residents and city officials agree that something must be done, finding and implementing a solution can be chaotic.

“You have confusion about the state of the water, you have mixed messages about what people should do, and then, if things go well, you may have a court or part of the government step in and try to fix it,” she said. “But you’ll see in a lot of cases that the damage has already been done, both to people’s health and the public trust.”

Experts agree that issues with collecting and accessing data are a big part of the problem. It starts with weak regulations: The EPA’s Lead and Copper Rule, part of the Safe Drinking Water Act, only requires cities to test for the two metals every three years. And officials are only required to sample about 10 percent of residences. And even that limited data can be hard to access.

“There are technical limitations in place that seem designed to frustrate access to the data,” said Laura Pangallozzi, a visiting professor of geography at Binghamton University. She explained that the publically available data sets on the EPA website are hard to use without programming skills. This can prevent people (even scientists) from being able to look at lead levels in drinking water nationally to identify outliers. And, according to Pangallozzi, some states don’t report their data at all.

Even assuming a city becomes aware of a lead contamination issue, officials do not always let the public know in a timely or efficient manner. Cities are not required to report lead levels to the public until lead levels hit 15 parts per billion — the threshold at which cities must begin corrosion control measures, like adding chlorine to the water to prevent lead seeping in through the pipes, or, if the state requires it, replace lead pipes in the city water infrastructure.

“How officials roll out the public education requirement will have a big impact on how many people know about it,” Pangallozzi said. “Officials have choices in these matters, and it is such a negative for the reputation of a place, there is going to be natural reluctance to publicize.”

Given the proper incentive though, she said, change can happen fast — like when Washington, D.C. discovered it had a lead problem back in 2004. “They got that taken care of very quickly, by comparison,” she said, “because there were members of Congress drinking the water.”

As for a future “next Flint,” Newark and Pittsburgh may only be the tip of the lead pipe. According to an investigative report commissioned by Congress, about 2 percent of public water systems across the country exceeded the federal limit on lead between 2014 and 2016 — and that was with less than half of states reporting back.

“Even Flint’s highest levels were not atypical for water systems that have problems,” Pangallozzi said.

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‘The next Flint,’ and America’s problem with lead in its water

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The Constants of Nature – John Barrow

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The Constants of Nature

The Numbers That Encode the Deepest Secrets of the Universe

John Barrow

Genre: Science & Nature

Price: $2.99

Publish Date: March 9, 2004

Publisher: Knopf Doubleday Publishing Group

Seller: Penguin Random House LLC


Reality as we know it is bound by a set of constants—numbers and values that dictate the strengths of forces like gravity, the speed of light, and the masses of elementary particles. In The Constants of Nature , Cambridge Professor and bestselling author John D.Barrow takes us on an exploration of these governing principles. Drawing on physicists such as Einstein and Planck, Barrow illustrates with stunning clarity our dependence on the steadfastness of these principles. But he also suggests that the basic forces may have been radically different during the universe’s infancy, and suggests that they may continue a deeply hidden evolution. Perhaps most tantalizingly, Barrow theorizes about the realities that might one day be found in a universe with different parameters than our own.

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The Constants of Nature – John Barrow

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After Standing Rock, protesting pipelines can get you a decade in prison and $100K in fines

Cherri Foytlin and her fellow protestors spent much of last summer suspended 35-feet in the air in “sky pods” tied to cypress trees. They were hoping to block the Bayou Bridge Pipeline from running through their part of Louisiana.

At the time, Energy Transfer Partners was building the pipeline to move oil between Texas and St. James Parish in southern Louisiana, crisscrossing through the Atchafalaya Basin, one of the largest swamps in the country. Foytlin and others with the group L’Eau Est La Vie (“Water Is Life”) set up wooden platforms between trees along the proposed path of the pipeline. The construction crew couldn’t build the pipeline with a protestor dangling above.

Though the protesters were on private land with the landowner’s permission, some were eventually arrested by St. Martin’s Parish Sheriff’s deputies in mid August. The pipeline was completed in March, yet Foytlin could still face up to five years in prison and $1,000 in fines.

That’s because Louisiana’s Governor John Bel Edwards, a Democrat, signed HB 727 into law last spring, making trespassing on “critical infrastructure” property a much more serious crime than garden-variety trespassing. What was once a misdemeanor is now a felony. The law takes a broad view of what’s “critical”: pipelines, natural gas plants, and other facilities, as well as property on a proposed pipeline route, even if the pipeline isn’t there yet.

Foytlin is one of at least 16 people in Louisiana who’ve been arrested and charged with felonies under the new law, according to Loyola University law professor Bill Quigley, who’s representing Foytlin. All of them were jailed and had to post bonds, some as high as $20,000 to get out. The district attorney hasn’t officially charged any of them yet, Quigley said.

“These are people saying let’s make sure we have something left for future generations in the most beautiful swamp in the world,” Foytlin said. “And for that we were charged with felonies, we were beaten, we were stepped on, I was choked.” To her, the law allows the state to jail people for unpopular political views. (Messages left with the St. Martin Parish Sheriff’s Office weren’t returned.)

The effort to punish pipeline protestors has spread across states with ample oil and gas reserves in the last two years and, in some cases, has garnered bipartisan support. Besides Louisiana, four other states — Oklahoma, North Dakota, South Dakota and Iowa — have enacted similar laws after protests against the Dakota Access Pipeline generated national attention and inspired a wave of civil disobedience.

Just last week in Texas, House lawmakers passed a bill that makes interfering with some oil and gas operations makes interfering with operations at oil and gas facilities a third-degree felony — on par with indecent exposure to a child.

Lawmakers in at least seven other states, including Minnesota, Kentucky, and Illinois, are considering similar legislation.

All these efforts have garnered broad support from the oil and gas industry. And many of the bills bear a startling resemblance to model legislation being pushed by the American Legislative Exchange Council, a conservative nonprofit backed by the Koch Brothers.

They have a lot in common. For starters, they heighten penalties for damaging oil and gas infrastructure and for trespassing with the intent to disrupt operations. Some mete out punishments of up to 10 years in prison and $100,000 in fines. Others would penalize organizations that “aid” protesters, making environmental groups liable for the actions of their members.

“This law is unnecessary,” said Elly Page, an attorney with International Center for Not for-Profit Law, a group that has been tracking this legislation around the country. “Trespass is already a criminal offense under the law. Damaging private property is already a criminal offense. These create really egregious penalties for conduct that’s already penalized.”

The forces behind the scenes

By the beginning of 2017, hundreds of protesters at Standing Rock had spent months clashing with law enforcement and private security guards hired by the pipeline company Energy Transfer Partners. Videos of law enforcement blasting protesters with water cannons had gone viral, and the Cheyenne River Sioux tribe filed suit to block the pipeline. Inspired by those protests, a coalition of Native American and environmental activists in Oklahoma announced they planned to stop construction of the Diamond Pipeline, which would carry oil from Cushing, Oklahoma to Tennessee.

That February, a Republican member of Oklahoma’s state House, Representative Mark McBride sponsored a bill raising penalties for trespassers on property with oil and gas infrastructure and holding any “person or entity that compensates or remunerates a person for trespassing” liable. McBride said at the time that the idea for the bill came from protests against the Dakota Access Pipeline. When asked how he would define “compensates,” he punted, saying it “would be for the courts to decide.”

Gov. Mary Fallin signed McBride’s bill into law three months later, along with another piece of legislation that created penalties for protesting near facilities considered “critical infrastructure.” Protesters in Oklahoma can now face a fine of up to $1,000 and six months in jail, and organizations that “compensate” them are liable for up to $1 million.

That caught the attention of ALEC. The influential group takes corporate money and drafts ready-made legislation for lobbyists and lawmakers. It has been behind the effort to exempt Big Oil from having to disclose chemicals in fracking fluids and pushed so-called ag-gag laws, which stymie undercover investigations of agricultural operations.

At a national conference organized by ALEC in December 2017, the group’s Energy, Environment, and Agriculture task force proposed a model bill titled the “Critical Infrastructure Protection Act.” A few months later, ALEC’s board signed off on the bill, and it soon appeared on the organization’s website. Bills with similar language then began cropping up in state legislatures.

In March 2018, then-Louisiana State Representative Major Thibaut, a Democrat, introduced HB 727, the one that landed Foytlin in jail. That same month, Wyoming and Minnesota passed similar legislation which was later vetoed by their governors.

Oil and gas lobbyists have also been backing legislation penalizing protestors. In state after state, representatives for Big Oil were an overwhelming majority of those testifying and registering as lobbyists in support of the proposals.

This January, a lobbyist working with the American Fuel and Petrochemical Manufacturers wrote to Mississippi Governor Phil Bryant’s policy advisor promoting legislation “to provide for criminal penalties for those who wilfully and illegally trespass, disrupt, destroy” oil and gas facilities. The lobbyist noted in his email that he was “expecting a bill from Chairman [Angela] Cockerham and Chairman [Sally] Doty,” two members of the state’s legislature representing each side of the aisle. Doty and Cockerham introduced bills that fit his description in the Mississippi House and Senate that week.

The second wave

Environmental advocates who’ve been tracking these anti-protest bills say 2019 has ushered in a second wave of them. And ALEC appears to be cheering them on. In February, as a cold snap gripped the Midwest and Northeast, ALEC’s Grant Kidwell sent an email to members of the group’s Energy, Environment and Agriculture task force noting that Illinois, Indiana, Mississippi, and Wyoming had introduced legislation with similar language to their model bill. “The frigid temperatures brought by the polar vortex this week serve as a reminder of the important [sic] of energy infrastructure,” he wrote. “Thankfully, states have recognized the important [sic] of critical infrastructure and are moving to protect it.”

[Copies of the ALEC newsletter and emails by lobbyists were obtained by Documented, a watchdog group that tracks corporate influence on public policy, and provided to Grist.]

Texas has seen a handful of prominent pipeline fights in recent years, including ones opposing the Trans-Pecos pipeline near the Texas-Mexico border and the southern segment of the Keystone XL pipeline. Environmental groups and landowners are currently trying to stop construction of the Permian Highway pipeline, a 430-mile conduit to move natural gas from West Texas to the Gulf Coast.

The legislation could have a chilling effect on private landowners who’ve played a large role in fighting pipelines in Texas, said Judith McGeary of the Farm and Ranch Freedom Alliance, an advocacy group for independent farmers.

Valero has been building a pipeline through McGeary’s 165-acre farm in central Texas. A few weeks ago, McGeary, the daughter of a Holocaust survivor, said she found a swastika painted on the pipeline on her property. Suspecting that members of the construction crew were involved, she locked the gates to her farm and demanded that Valero send new workers. McGeary said Valero responded by threatening to sue for up to $500,000 in damages for interfering with construction. (Valero did not respond to a request for comment.)

“This was a horrible experience for us as it was,” she said. “We look at this legislation and they could’ve been threatening to have the sheriff come and pursue us for third degree felonies — for locking the gate for a weekend. It’s an incredible overreach.”

Environmental advocates see a key difference between the states that considered such bills last year and this year. In 2018, the vast majority were Republican-controlled and had significant oil and gas resources. Now the effort is spreading to states run mostly by Democrats, like Illinois, and devoid of large oil and gas deposits, like Kentucky. Illinois, for instance, is considering a bill that would make trespassing on critical infrastructure property a Class 4 felony, in line with obstruction of justice, criminal sexual abuse, and parental kidnapping.

‘Damn it, we’re going to go all in.’

Activists and First Amendment advocates are fighting back. In South Dakota, after Governor Kristi Noem championed bills that prohibit “riot-boosting” and enable the government to collect damages from protesters, the Oglala Sioux Tribe told her she’s “not welcome” on their reservation.

“These are our lands and our water,” the tribe’s president, Julian Bear Runner, wrote in a letter to Noem. “If you do not honor this directive … we will have no choice but to banish you.”

The ACLU has also filed suit challenging South Dakota’s new law on behalf of a handful of environmental and indigenous rights groups. Vera Eidelman, a staff attorney with the ACLU, pointed to one provision that allows the government to collect damages from protesters and use the money to cover the expenses of law enforcement.

“Meaning, essentially, if you protest the pipeline and are held liable under this law, you have to pay damages, and you are in fact funding this thing that you protested,” Eidelman said.

Quigley, the law professor representing Foytlin, said he plans on challenging Louisiana’s law as unconstitutional in federal court. “The law infringes on the First Amendment right to protest by being so vague that it can be used in an arbitrary and discriminatory manner as it was [with Foytlin],” he said.

For her part, Foytlin says such laws won’t deter her or other advocates from protesting pipelines. In fact, they might backfire.

“People will continue to go to prison.” she said. “They think that by upping the punishment they’re going to keep people from protesting, but what will happen is we’re going to do things that are more worth getting the felony. Because now if we’re going to jail, then damn it, we’re going to go all in.”

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After Standing Rock, protesting pipelines can get you a decade in prison and $100K in fines

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Traffic pollution leads to 4 million child asthma cases every year

This story was originally published by the Guardian and is reproduced here as part of the Climate Desk collaboration.

Four million children develop asthma every year as a result of air pollution from cars and trucks, equivalent to 11,000 new cases a day, a landmark study has found.

Most of the new cases occur in places where pollution levels are already below the World Health Organization limit, suggesting toxic air is even more harmful than thought.

Guardian Graphic / Source: Achakulwisut et al, Lancet Planetary Health

The damage to children’s health is not limited to China and India, where pollution levels are particularly high. In U.K. and U.S. cities, the researchers blame traffic pollution for a quarter of all new childhood asthma cases.

Canada has the third highest rate of new traffic-related asthma cases among the 194 nations analyzed, while Los Angeles and New York City are in the top 10 worst cities out of the 125 assessed. Children are especially vulnerable to toxic air and exposure is also known to leave them with stunted lungs.

The research, published in the journal Lancet Planetary Health, is the first global assessment of the impact of traffic fumes on childhood asthma based on high-resolution pollution data.

“Our findings suggest that millions of new cases of pediatric asthma could be prevented by reducing air pollution,” said Susan Anenberg, a professor at George Washington University. Asthma can cause deadly seizures.

The key pollutant, nitrogen dioxide, is produced largely by diesel vehicles, many of which emit far more than allowed on the road even after the Dieselgate scandal. “Improving access to cleaner forms of transport, like electrified public transport, cycling and walking, would reduce asthma, enhance physical fitness, and cut greenhouse gas emissions,” said Anenberg.

“This landmark study shows the massive global burden of asthma in children caused by traffic pollution,” said Chris Griffiths, professor at Queen Mary University of London and the co-director of the Asthma U.K. Center for Applied Research, who was not part of the research team. “Asthma is only one of the multiple adverse effects of pollution on children’s health. Governments must act now to protect children.”

Guardian Graphic / Source: Achakulwisut et al, Lancet Planetary Health

The new study combined detailed NO2 pollution data with asthma incidence rates and population numbers. Many large studies have already shown a strong link between traffic pollution and childhood asthma and that pollution causes damaging inflammation. This data on risks was used to calculate the number of new cases around the world.

“From the weight of evidence, there is likely a strong causal relationship between traffic pollution and childhood asthma incidence,” said Ploy Achakulwisut, also at George Washington University and the lead author of the new study. “So we can be confident that traffic pollution has a significant effect on childhood asthma incidence.”

The epidemiological evidence for NO2 being the key pollutant is the strongest. However, researchers cannot rule out that other pollutants also pumped out by vehicles, such as tiny particles, are also a factor as it is not possible to experiment directly on people.

“Childhood asthma has reached global epidemic proportions,” said Rajen Naidoo, professor at the University of KwaZulu-Natal in South Africa, and not involved in the study. It indicates that 1 in 8 of all new cases is due to traffic pollution. “An important outcome from this study is the evidence that the existing WHO standards are not protective against childhood asthma.”

The country with the highest national rate of childhood asthma attributed to traffic pollution is South Korea, with almost a third of all new cases blamed on vehicles. Japan and Belgium are in the top 10, along with six Middle Eastern nations, including Saudi Arabia.

Due to their high populations and pollution levels, the top three countries for the total number of new children getting asthma each year are China (760,000), India (350,000), and the U.S. (240,000). The scientists said their research may underestimate the true levels in many poorer nations where asthma often goes undiagnosed.

“While it is important for parents to try to reduce individual exposure, maybe by avoiding highly congested roads as much as possible, not everyone can do this,” said Achakulwisut. “So it is important to call for policy initiatives to tackle pollution at city, state and national levels.”

“The good news is that a transition to zero-emission vehicles is already underway,” she said. Some countries and cities are pledging to phase out internal combustion engines and policies such as London’s new ultra-low emission zone are being rolled out. “But this transition needs to become global, and it needs to happen faster. Each year of delay jeopardizes the health of millions of children worldwide.”

Penny Woods, chief executive of the British Lung Foundation, said: “We used to think the only real danger roads posed to children was the threat of a car accident. However, now we can see there’s an equally deadly risk: breathing in air pollution. Rightly, there’s been a huge effort to reduce road accidents and we need to see an equal commitment to reducing toxic air.”

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Traffic pollution leads to 4 million child asthma cases every year

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Mama’s Last Hug: Animal and Human Emotions and What They Tell Us about Ourselves – Frans de Waal

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Mama’s Last Hug: Animal and Human Emotions and What They Tell Us about Ourselves

Frans de Waal

Genre: Life Sciences

Price: $14.99

Publish Date: March 12, 2019

Publisher: W. W. Norton & Company

Seller: W.W. Norton & Company, Inc.


New York Times best-selling author and primatologist Frans de Waal explores the fascinating world of animal and human emotions. New York Times best-selling author and primatologist Frans de Waal explores the fascinating world of animal and human emotions. New York Times best-selling author and primatologist Frans de Waal explores the fascinating world of animal and human emotions. Frans de Waal has spent four decades at the forefront of animal research. Following up on the best-selling Are We Smart Enough to Know How Smart Animals Are?, which investigated animal intelligence, Mama’s Last Hug delivers a fascinating exploration of the rich emotional lives of animals. Mama’s Last Hug begins with the death of Mama, a chimpanzee matriarch who formed a deep bond with biologist Jan van Hooff. When Mama was dying, van Hooff took the unusual step of visiting her in her night cage for a last hug. Their goodbyes were filmed and went viral. Millions of people were deeply moved by the way Mama embraced the professor, welcoming him with a big smile while reassuring him by patting his neck, in a gesture often considered typically human but that is in fact common to all primates. This story and others like it form the core of de Waal’s argument, showing that humans are not the only species with the capacity for love, hate, fear, shame, guilt, joy, disgust, and empathy. De Waal discusses facial expressions, the emotions behind human politics, the illusion of free will, animal sentience, and, of course, Mama’s life and death. The message is one of continuity between us and other species, such as the radical proposal that emotions are like organs: we don’t have a single organ that other animals don’t have, and the same is true for our emotions. Mama’s Last Hug opens our hearts and minds to the many ways in which humans and other animals are connected, transforming how we view the living world around us.

Excerpt from:

Mama’s Last Hug: Animal and Human Emotions and What They Tell Us about Ourselves – Frans de Waal

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What would a national emergency over climate change look like?

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Well, it finally happened: President Trump declared a national emergency in order to secure funding for his barrier between Mexico and the United States. We are under virtually no threat from illegal immigration through the southern border. Phew! But don’t put up your feet just yet, the U.S. actually is facing a pretty terrifying threat, not from immigrants, but from climate change.

Now that Trump has set a precedent, some are raising the point that a different president could use the same maneuver to declare a national emergency over rising temperatures. After all, rising sea levels, worsening hurricanes, wildfires, invasive species, and droughts threaten millions of Americans. Talk about a national security crisis.

Shortly after Trump made his declaration, Minnesota Representative Ilhan Omar took to Twitter to call on the next president to declare climate change a national emergency upon taking office. If the idea catches on, 2020 Democrats might have to decide not only whether they support the Green New Deal, but also whether they would be willing to take that commitment to the next level.

Hold your horses, can a future president use emergency power to combat climate change? And if so, what would that even look like?

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Dan Farber, professor of law at the University of California, Los Angeles, examined the idea of a climate change national emergency in a blog post. It turns out there are a few things a future president might be able to do to mitigate climate change through such a move. Here are the areas Farber thinks are worth exploring (these options are as of yet untested, could look different in practice, AND, as Farber told us in an earlier story, just ’cause it’s possible in theory doesn’t necessarily mean it’s a good idea):

Oil drilling could be put on pause. “Oil leases are required to have clauses allowing them to be suspended during national emergencies,” Farber writes. If climate change is causing the emergency, doesn’t it make sense to pump the brakes on the stuff causing it? Hmmm?
The Secretary of Transportation, who is in charge of transportation coordination during national emergencies, could restrict use of gas-powered vehicles.
The renewable energy industry could get an influx of financial support, because a provision allows “the President to extend loan guarantees to critical industries during national emergencies,” Farber writes.
There’s even an act that could be invoked to give the president power to “impose sanctions on individuals and countries.” In a national climate change emergency scenario, the act could be used to sanction oil-producing countries.

In a national emergency, the president gets nearly 150 special powers. The options listed above are just a few of the ways those powers could be used in the name of climate change mitigation.

Already, Oregon Representative Earl Blumenauer has announced he will be introducing a “congressional emergency declaration on the climate crisis” in Congress. Get ready, GOP! Even if the Supreme Court ends up striking down the border wall, Trump just opened Pandora’s Box.

Originally posted here: 

What would a national emergency over climate change look like?

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