[TheClimate.Vote] March 18, 2021 - Daily Global Warming News Digest

Thu Mar 18 09:15:08 EDT 2021

/*March 18, 2021*/

[melting injust ice]
*Texas Utility Commissioner Resigns After Leaked Call Pledging to Help 
Banks Keep Blackout Profits*
Molly Taft
March 17, 2021
The last standing member of Texas’s Public Utility Commission handed in 
his resignation on Tuesday following a report that he assured 
out-of-state investors who made big profits from last month’s blackouts 
that he was working to make sure they could keep their money.

Texas Monthly obtained a recording of a March 9 call between Arthur 
D’Andrea, the only member of the state PUC who had not yet resigned 
following the February crisis, and out-of-state energy investors. (The 
call, naturally, was hosted by Bank of America Securities and was not 
open to the public or press.) The blackouts caused dozens of deaths, 
power outages for millions across the state, and an enormous financial 
hole that means consumers will be facing inflated bills for years to come.

D’Andrea was part of the state body appointed by the governor that is 
supposed to regulate the state’s grid operator. Theoretically, he’s 
supposed to be part of a nonpartisan body that makes sure that consumers 
pay fair prices for energy. But during the call, D’Andrea took pains to 
make sure that out-of-state investors could feel safe that they’d keep 
the money they earned during this time.

“I apologize for the uncertainty,” D’Andrea told investors on the call.
One of the issues D’Andrea discussed on the call was the issue of 
repricing energy in the state, and he came down on the side of investors 
on the issue. The blackouts and freezing temperatures in February drove 
prices for energy through the roof. To make matters worse, the state’s 
grid operator, ERCOT, artificially inflated prices during the crisis and 
overcharged energy companies some $16 billion during the blackouts. The 
Texas legislature is currently debating a bill that would retroactively 
reprice energy from the crisis and correct ERCOT’s overcharges...
- -
“I took that first step to tip the scale as hard as I could in favor of 
it being resolved…to provide some calming force,” D’Andrea said on the 
call about repricing. “It’s a contentious political issue. The best I 
can do is put the weight of the commission in favor of not repricing.”

His presence on this call carried extra weight; two of his fellow 
commissioners have resigned in recent weeks following the crisis. 
D’Andrea was only appointed chair of the PUC in March.

“I went from being on a very hot seat to having one of the safest jobs 
in Texas,” D’Andrea said to the investors. “I think it’s just going to 
be me for a while.”

Awhile, it turned out, was a week. Following the Texas Monthly report, 
D’Andrea handed in his resignation on Tuesday evening. Seems like big 
banks may have to find another utility champion to pull the energy 
strings for them in Texas.
https://earther.gizmodo.com/texas-utility-commissioner-resigns-after-leaked-call-pl-1846493798

[calculating future heat in equatorial zones]
*Wet Bulb Temperature. Life or death?*
Mar 17, 2021
Just Have a Think
Wet bulb temperature sounds almost comical, but the implications of it's 
extremes could not be more serious. And as our planet's atmosphere 
continues to warm, our tropical regions move ever closer to posing that 
existential threat to billions of people.
Video Transcripts available at our website
http://www.justhaveathink.com
https://www.youtube.com/watch?v=m8Af-mbKCB0  (starts about 5 mins in)

[continuing 2 videos]
#3 - https://www.youtube.com/watch?v=4V4hR-llfxs
#4 - https://www.youtube.com/watch?v=3bol4wPENPU
*Earth Catastrophe Warning to the World: The 2021 Climate Change 
Science: Parts 3 and 4*
Mar 17, 2021
Paul Beckwith
When I presented at COP25 (Conference of Parties 25th edition) in 
Madrid, Spain I worked a lot with Peter Carter, Regina Valdez, Heidi 
Brault, Charles Gregoire, and of course the amazing Stuart Scott.
All of the videos that I filmed are of course on my blog 
http://paulbeckwith.net and on my YouTube channel Paul Beckwith.

Peter, of course, has his amazingly detailed website called Climate 
Emergency Institute https://www.climateemergencyinstitute... and Stuart 
(with huge help from Heidi and Charles) has his called Facing Future 
Earth   https://www.facingfuture.earth/ while Regina does a lot of 
great work with Climate Reality.

In preparations for COP26 in Scotland or virtual, depending of the 
course of the virus this year, the gang and I are putting out a video a 
week under our new group name Climate Emergency Forum.

In this first video of a four part series, I go through key points on a 
subsection of Peter’s website called 2021 Climate Science World Warning 
https://www.climateemergencyinstitute... where an initiative to warn 
key decision makers in governments and the United Nations is ongoing.

My main focus in this video series is to discuss in detail the main 
points in Peter’s 90+ slide deck called 2021 Climate Science World 
Warning https://files.secure.website/wscfus/8...

Topics include:
- Earth’s Sixth Mass Extinction Acceleration
- Cumulative atmospheric carbon dioxide, methane, nitrous oxide, and 
carbon dioxide equivalent are all tracking or exceeding the UN IPCC 
worst case scenario
- warming of the planets atmosphere, land, and oceans are all setting 
new record limits as they inexorably rise at accelerating rates
- Arctic changes are the fastest on the planet and have huge risks to 
our societies and global ecosystems
#3 - https://www.youtube.com/watch?v=4V4hR-llfxs
#4 - https://www.youtube.com/watch?v=3bol4wPENPU

[from The Atlantic - weekly newsletter]
*The Weekly Planet: Why a Climate-Denial Coalition May Be Cracking Apart*
And the world’s largest polluter plans its next five years.
ROBINSON MEYER
MARCH 16, 2021
Coal makes up about one in every three tons of freight carried on 
American railroads.MATTHEW STAVER / THE NEW YORK TIMES / REDUX
Every week, our lead climate reporter brings you the big ideas, expert 
analysis, and vital guidance that will help you flourish on a changing 
planet. Sign up to get The Weekly Planet, our guide to living through 
climate change, in your inbox.

Last week, China released the draft summary of its next five-year plan, 
its comprehensive economic planning document for 2021 to 2025. It’s an 
important document, a kind of “plan of plans” for the country’s 
provinces and agencies. Given the influence that China exerts over the 
planet’s climate—it emits 28 percent of the world’s carbon pollution, 
nearly double the share of the United States—the plan should command the 
attention of everyone who cares about the climate.
- -
But China is crucial to understand for anyone who cares about climate 
change. The country is essential to global decarbonization. It leads in 
the heavy industries that will be hardest to decarbonize, pouring 60 
percent of the world’s cement and forging more than half of its steel. 
And its decisions reverberate around the world. Last year, amid a 
diplomatic battle over the origins of the coronavirus, China banned coal 
imports from Australia, sending some of its mines into a doom spiral.

Last September, Xi Jinping surprised the UN General Assembly by 
unilaterally vowing that China would aim to reach net-zero carbon 
pollution by 2060. The announcement reframed climate geopolitics; the 
economic historian Adam Tooze asked if Xi had just saved the world. It 
certainly reframed Asian climate politics. By the end of October, Japan 
and South Korea had both pledged to reach net-zero by 2050. These 
initiatives by themselves set off a boom in green investment that was 
accelerated by Joe Biden’s win.

But then equilibrium reasserted itself. Tsinghua University released an 
official study demonstrating that China could reach its 2060 goal by 
staying on a glide path that could charitably be described as moderate … 
and uncharitably termed lugubrious. That is, China could continue to 
increase its carbon pollution through 2030, the researchers said. Only 
then would it need to begin sharply cutting pollution.

The new five-year plan seems to match that logic. You can read bright 
spots in it—such as its direction to build 18 new gigawatts of nuclear 
energy, according to Myllyvirta—but mostly it shows a holding pattern.

You can understand this in a few ways. The first is that China’s leaders 
are waiting to see what the Biden administration does. Xi could have 
plans for a 2025 emissions peak, say, in his back pocket, and he could 
unveil them at a future climate summit. The Biden administration has 
said it will publish America’s new international climate commitment by 
the end of April; it is also vying to pass a climate-infrastructure bill 
in Congress.

Another view is more cynical. The 2060 announcement—and the 
lackadaisical commitments that have followed—have succeeded in taking 
the heat off China without committing it to any near-term action. It 
gets some running room in the grand game that its leaders (and America’s 
leaders) see it as engaged in. And if the U.S. and the European Union do 
sign on to a rapid program of decarbonization, well, then China will 
benefit too. Chinese companies control at least 60 percent of the global 
capacity for manufacturing solar panels; the Chinese electric-vehicle 
market is the largest in the world. Those firms will be happy to sell.
- -
*A Crack in a Major Climate-Denial Coalition?*
If you read a lot of climate commentary, you may get the sense that the 
fossil-fuel industry, working essentially as a rogue actor, is 
singularly responsible for America’s lack of climate policy. This isn’t 
necessarily … wrong, but it’s not exactly correct either. Since the 
modern era of climate politics began, in 1988, the fossil-fuel industry 
has worked as a kind of political nexus, a place where lots of different 
interests—steelmaking, automaking, organized labor—come together to 
pursue the same goals.

One of the best examples of this can be found in America’s 
freight-railroad industry. There is nothing inherently noxious about 
moving goods by rail. Shipping by rail is actually far more energy 
efficient than shipping by truck. Yet for the past 30 years, the 
country’s four largest freight-railroad companies have been among the 
biggest opponents of climate policy in the United States.

I wrote about their decades-long campaign in late 2019. These 
railroads—BNSF Railway, Union Pacific, Norfolk Southern, and CSX—have 
joined or funded efforts to attack individual scientists, cast doubt on 
research, and reject reports from major institutions, such as the 
Intergovernmental Panel on Climate Change.

All four companies also for years belonged to the pro-coal lobbying 
group America’s Power, which trafficked in open denial and called 
climate change a “hypothesis” as late as 2014. Even as several utilities 
fled America’s Power over its politics two years ago, the railroads 
remained.

Or they did, at least, for a little while, anyway. BNSF and Union 
Pacific told me this month that they have finally left the group. Their 
logos have also disappeared from the trade group’s website.

CSX and Norfolk Southern remain members of America’s Power, according to 
its website.

At the same time, the American Association of Railroads, a trade group 
that represents the freight-rail companies and also Amtrak, has 
rebranded itself as a climate warrior. From a historical perspective, 
this is pretty significant. The rail association helped establish 
America’s Power in 2008, and for years it barely mentioned “climate 
change” in its communications. Now it brags that “the nation’s railroads 
want to be—and must be—a part of the solution to climate change.”

I’m not naive about what any of this means. The Biden administration is 
contemplating a major infrastructure bill this year; the freight 
railroads would love a cut of that ribeye. Worse, they’re not wrong that 
freight rail probably needs to play a larger role in a decarbonized America.

Nor do I think it is the end of what some activists call “climate 
delay,” the tiresome opposition and nitpicking of any climate proposal. 
The Wall Street Journal reported earlier this month that the American 
Petroleum Institute, oil’s mouthpiece in Washington, is close to 
endorsing a carbon tax … but even if it does, I don’t expect that it 
will warm up to any other climate policy.

At the core of railroads’ opposition to climate change was their 
reliance on coal’s business. Coal makes up nearly one in three tons of 
rail freight. Yet the coal industry is in free fall. During the first 
half of 2020, coal generation dropped by 30 percent compared with the 
year before; coal now generates only about a fifth of U.S. electricity. 
The financial industry is also fleeing coal. Just this week, Citi 
announced it would no longer fund any company with plans to expand 
thermal coal operations after 2021—and even more important, the huge 
insurance firm Swiss Re said that it would stop insuring coal plants by 
2040. Freight railroads will need to find new customers, which means 
finding new political allies. They will look on the left if need be.

3 More Things

    1. Deb Haaland was confirmed as the U.S. Secretary of the Interior,
    meaning that she will oversee crucial decisions about whether fossil
    fuels can be drilled from federal land over the next few years. A
    member of the Laguna Pueblo, she is the first Indigenous Cabinet
    secretary in American history. (Have I recommended Julian Noisecat’s
    story about the nomination yet? If not, go read it!)

    2. Something I’ve tried to suggest in my coverage of Biden’s
    stimulus bill is that it represents a break with past ideas not only
    about how to fight economic downturns, but also about how the
    economy works. The economist J. W. Mason explains eight of those new
    ideas in a new blog post. He also describes how many of those ideas
    aren’t reflected in college macroeconomics courses yet. I really
    recommend it to people who are interested in the ideas shaping
    American policy right now—this stuff matters for climate policy,
    because it will shape how Democratic lawmakers shape a climate bill.

    3. Something weird is happening in the electric-vehicle industry:
    Until recently, every public EV company was doing pretty well. At
    the end of January, the value of the eight largest electric-car
    makers stood at $1 trillion, nearly equal to the value of the
    traditional automaking sector, even though EV makers sell vastly
    fewer cars.

https://www.theatlantic.com/science/archive/2021/03/a-crack-in-a-major-climate-denial-coalition/618301/

[minimally is the answer]
*How well does the media cover the climate movement?*
https://www.cjr.org/covering_climate_now/climate-activists-fridays-for-future.php

[believe in the law]
*5 climate liability lawyers to watch*
Maxine Joselow, E&E News - March 16, 2021

In courtrooms across the country, a battle is heating up over whether 
fossil fuel firms should be held financially responsible for the local 
impacts of climate change.

Since 2017, five states and more than a dozen municipalities have sued 
oil and gas supermajors over their contribution to — and alleged 
deception about — the catastrophic effects of global warming.

Lawyers for the challengers have raised a combination of consumer 
protection and anti-fraud claims to argue that Big Oil should cover the 
costs of addressing floods, wildfires, sea-level rise and other 
disasters fueled by rising greenhouse gas emissions.

Attorneys for the oil and gas industry have pushed back, arguing that 
the lawsuits are meritless and the wrong way to combat climate change. 
The industry attorneys have repeatedly tried to remove the cases to 
federal court, where they might have a greater chance of failing.

Meanwhile, big law firms that represent oil and gas companies have faced 
pressure from climate activists to drop their fossil fuel industry 
clientele.

"I totally understand the premise that everyone deserves representation. 
But that doesn't mean fossil fuel companies deserve 'get out of jail 
free' cards when they pollute communities — especially communities of 
color — and continue to exacerbate the climate crisis," said Liz Jacob, 
a student at Yale Law School and a member of Law Students for Climate 
Accountability, which last year graded the top U.S. law firms based on 
their oil and gas industry transactions, litigation and lobbying.

Ted Boutrous, a partner in the Los Angeles office of Gibson, Dunn & 
Crutcher LLP who has defended Chevron Corp. in several climate liability 
cases, pushed back on that sentiment.

"We all are dependent on oil and gas products for our modern society. So 
to say someone shouldn't represent a great company like Chevron really 
makes no sense," Boutrous said. "It's very shortsighted. It's really not 
how the legal profession is structured."

Here are five of the top attorneys to watch in the ongoing climate 
liability brawls nationwide.
*
**Vic Sher*
Sher is a partner and co-founder at Sher Edling LLP, a San 
Francisco-based law firm that has represented a slew of states and 
municipalities seeking to hold fossil fuel firms accountable for their 
role in causing climate change

The firm's clients include the governments of San Francisco; Washington, 
D.C.; Charleston, S.C.; Delaware; Minnesota; and Rhode Island.

Earlier this year, Sher participated in Supreme Court oral arguments in 
a narrow procedural case stemming from Baltimore's climate liability 
lawsuit (Greenwire, Jan. 19).

In response to a question from Justice Brett Kavanaugh, Sher said he 
believes the case belongs in state court because the "conduct complained 
of is fraud, deception, denial and disinformation, and ... those are 
traditional state foci."

A graduate of Oberlin College and Stanford Law School, Sher served as 
president of Earthjustice from 1994 to 1997, when the organization was 
still known as the Sierra Club Legal Defense Fund.

In 2003, he co-founded the San Francisco-based firm Sher Leff LLP, where 
he represented public water suppliers in lawsuits alleging that 
manufacturers of toxic chemicals had polluted drinking water sources.

He later served as New York City's lead trial counsel in City of New 
York v. Exxon Mobil Corp., a 2009 case over chemical contamination that 
resulted in a verdict awarding $104.7 million to the city.

"Our team is proud to support public counsel who are bringing these 
cases to hold fossil fuel companies accountable for the climate change 
impacts on their communities and the costs of adapting to a warming 
world," Sher said in an emailed statement to E&E News.

"The enormous (and growing) expenses state and local governments now 
face are a direct result of defendants' deception about climate change 
and the role their products play in causing it," he added. "We look 
forward to getting past their procedural delays so that the state and 
local governments we represent can have their day in court to pursue 
justice and accountability."

*Theodore Wells*
Wells is a partner and co-chair of the litigation department at the New 
York City-based law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP.

He's known for successfully defending Exxon Mobil in a lawsuit brought 
by former New York Attorney General Eric Schneiderman (D) alleging that 
the oil company misled investors about the true costs of climate change.

New York's complaint contended that the oil supermajor had used two sets 
of "proxy costs" to represent the financial risks posed by global 
warming — one for internal decisionmaking and another for public documents.

During a three-week trial, Wells countered that the company had 
established a "robust system" for managing climate risks, adding that 
Schneiderman brought the suit for political reasons.

Justice Barry Ostrager of the New York Supreme Court ultimately ruled 
that New York had failed to show that Exxon had violated state law 
(Greenwire, Dec. 10, 2019).

Ostrager "expressly stated that the court found each of Exxon Mobil's 
witnesses who testified to have been honest and truthful and that they 
did not violate any securities laws," Wells said in an emailed statement 
to E&E News.

"The case is a landmark decision in that it is the only climate change 
securities fraud case to ever be charged by a regulator and go to 
verdict on the merits and is a complete vindication of the defendant's 
conduct," he added.

Wells studied at the College of the Holy Cross, Harvard Law School and 
Harvard Business School. He previously served, on a pro bono basis, as 
general counsel to the New Jersey NAACP and the New Jersey Democratic 
Party, according to his bio.

*Maura Healey*
Healey was elected attorney general of Massachusetts in 2014, becoming 
the first openly gay attorney general in the United States.

After a three-year investigation, Healey sued Exxon in 2019, alleging 
that the company had systematically misled consumers and investors about 
the risks of climate change — both to Massachusetts and to its business.

The attorney general, a Democrat, amended her complaint last summer, 
adding claims related to the COVID-19 pandemic and narrowing the 
allegations of investor fraud (Climatewire, June 8, 2020).

"We brought this case against Exxon to put an end to decades of 
deception and lies. We are challenging the company's ongoing campaign to 
mislead both consumers and investors about the climate dangers caused by 
its fossil fuel products and the risk climate change poses to the 
company's value," Healey said in an emailed statement to E&E News.

"Our goals are simple: to stop Exxon from engaging in this illegal 
deception of Massachusetts consumers and investors and to hold it 
accountable for its misconduct," she added.

A state judge last week held a hearing on Exxon's two motions to dismiss 
the case. One motion seeks to scrap the suit under the Massachusetts 
anti-SLAPP (strategic litigation against public participation) law.

After graduating from Harvard College, where she was co-captain of the 
women's basketball team, Healey spent two years playing as a starting 
point guard for a professional basketball team in Austria. She returned 
to the United States to attend Northeastern University School of Law in 
1998.

*Ted Boutrous*
Boutrous is a partner in the Los Angeles office of Gibson, Dunn & 
Crutcher LLP and global co-chair of the firm's litigation group.

He has represented Chevron and other industry defendants in a number of 
climate liability cases, including in a pair of lawsuits brought by the 
California cities of San Francisco and Oakland against five fossil fuel 
firms.

In 2018, Judge William Alsup of the U.S. District Court for the Northern 
District of California held an unusual five-hour hearing in the cases 
that was billed as a tutorial on climate science.

Boutrous told Alsup, who was appointed by former President Clinton, that 
the U.N. Intergovernmental Panel on Climate Change hadn't singled out 
oil companies as solely responsible for global warming.

"The IPCC does not say it's the extraction and production of oil that is 
driving these emissions. It's economic activity that creates the demand 
for energy, and that leads to emissions," Boutrous said at the hearing 
(Climatewire, March 22, 2018).

In a phone interview, Boutrous said he believes the climate liability 
cases are "counterproductive" because global warming is best addressed 
by the executive and legislative branches of government, rather than the 
courts.

"From a personal perspective, I really do believe that we need big 
solutions and big efforts like this to combat climate change," he said. 
"Civil litigation like this is not the answer."

Boutrous said it was an "easy call" for him to accept Chevron as a 
client, despite pressure from groups like Students for Climate 
Accountability.

"There are some cases I don't want to work on and some potential clients 
I decline," he said. "But this is an area where it's an important area 
of policy, and it's a great American company that is litigating issues 
that I think we are absolutely on the right side of from a civil justice 
perspective."

A graduate of the University of San Diego School of Law, Boutrous has 
received several awards for his work representing journalists and media 
outlets in First Amendment cases. The National Law Journal named him a 
2020 First Amendment rights "Trailblazer" for his work successfully 
restoring the White House press passes of CNN reporters Jim Acosta and 
Brian Karem under former President Trump.
*
**Dana Moore*
Moore is the first chief equity officer for the city of Baltimore.

In her previous role as acting city solicitor, Moore helped oversee 
Baltimore's 2018 lawsuit against 26 fossil fuel firms over their role in 
causing climate impacts such as extreme heat and flooding.

When the Supreme Court said it would hear the case last year, it only 
agreed to consider the narrow technical question of whether federal 
appeals courts can review the entire scope of remand orders that send 
climate cases like Baltimore's back to the state courts where they were 
originally filed.

"The Court has decided to review a narrow technical issue that has no 
bearing on the substance of Baltimore's suit to hold these defendants 
accountable for the climate change harms and costs they are imposing on 
our taxpayers," Moore said in a statement at the time.

"In public, defendants criticize our case as without merit. But in 
court, they do everything they can to delay proceedings and avoid a 
public trial on the facts," she added. "Their days of having it both 
ways are ending. Accountability is coming."

Baltimore Mayor Brandon Scott appointed Moore as chief equity officer in 
December 2020. The Cabinet-level position entails leading a new Office 
of Equity and Civil Rights. A spokesperson for the Baltimore mayor's 
office didn't respond to a request for comment.

A graduate of Bates College and Washington and Lee University School of 
Law, Moore was previously the first woman to be acting city solicitor. 
She has also served on Baltimore's Board of Ethics and Planning Commission.
https://www.eenews.net/stories/1063727523

[Dr Jennifer Atkinson podcast]
*Episode 4: Coping with Climate Despair in Four Steps*
With the urgency of our climate crisis increasing by the day, many 
scientists and climate leaders are calling for global action on the 
scale of World-War II mobilization: a swift and comprehensive overhaul 
of our existing consumer economy and the energy systems driving us off a 
cliff. And yet as the planetary fires close in, many people remain 
paralyzed by fear, hopelessness or cynicism.

Luckily, there are steps we can all take to overcome despair and start 
contributing to solutions. This episode outlines 4 basic strategies to 
beat the climate blues and become an agent of change.

"Do not be daunted by the enormity of the world’s grief. Do justly, now. 
Walk humbly, now. You are not obligated to complete the work, but 
neither are you free to abandon it.”
- The Talmud
https://www.drjenniferatkinson.com/facing-it

[New Music News NME]
*Massive Attack’s Robert Del Naja is “livid” over live industry’s 
response to climate change*
"Now is the time for action – no more pledges"
Massive Attack‘s Robert Del Naja has criticised the live music 
industry’s response to climate change, saying “one band not touring 
doesn’t change a thing”.

The artist – aka 3D – said he was “pretty livid” over the industry not 
meeting pledges to reduce its carbon footprint, highlighting Coldplay’s 
decision to stop touring until they could make it “environmentally 
friendly as possible”.

“I understand their frustration. It’s frustration all bands have been 
feeling for a long time,” he told the Digital, Culture, Media and Sport 
Committee (DCMS) today (March 16) as part of its ongoing investigation 
into the future of UK music festivals.
https://www.nme.com/news/music/massive-attacks-robert-del-naja-is-livid-over-live-industrys-response-to-climate-change-2901848

[Digging back into the internet news archive]
*On this day in the history of global warming - March 18, 2013 *

USA Today reports: "Could the USA deal with a Hurricane Katrina every 
two years? Such a scenario is possible by the end of the century due to 
climate change, according to a study published Monday in the Proceedings 
of the National Academy of Sciences."

http://www.usatoday.com/story/weather/2013/03/18/storm-surge-hurricane-climate-change-global-warming/1997113/ 

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