[✔️] June 8, 2022 - Daily Global Warming News Digest

[Richard Pauli]

/*June 8, 2022*/

/[  California Wildfires ]/
*After numerous arson fires, citizen group solved the case using 50 cameras*
Bill Gabbert -- June 7, 2022
A person is in a Northern California jail, charged with 10 counts of arson
Two women who were fed up with multiple arson fires set in the woods 
near Monte Rio in Northern California began an investigation that 
resulted in the arrest of Jack Stanley Seprish, a transient who was 
charged with 10 counts of arson in Sonoma County Superior Court. His 
bail was set by the judge at $920,000.

With the help of donations from the community of money and labor, they 
bought or borrowed and installed more than 50 motion-detecting cameras, 
with many of them mounted high up on trees in the forest around Monte 
Rio. Some of them could be monitored remotely and sent notifications to 
phones when motion was detected...
https://www.pressdemocrat.com/article/news/citizen-trackers-aid-arrest-of-suspected-monte-rio-arsonist-now-charged-wi/
https://wildfiretoday.com/2022/06/07/after-dozens-of-arson-fires-citizen-group-solved-the-case-using-50-cameras/



/[ Weaponizing the law ]/
Rishika Pardikar - Jun 8, 2022
*Big Oil Is Suing Countries To Block Climate Action*
Oil and gas investors are using a little-known legal tool to 
successfully argue that climate policies are cutting into their profits.

Fossil fuel investors are adopting a bold new legal tactic in response 
to efforts to limit global warming: They are going to private 
international tribunals to argue that climate change policies are 
illegally cutting into their profits, and they must therefore be 
compensated. Now governments are scrambling to figure out how to not get 
sued for billions when enacting climate policies.

Termed “investor-state dispute settlement” legal actions,  such moves 
could have a chilling effect on countries’ ability to take climate 
action. Consider this case from 2017: Nicolas Hulot, France’s 
environment minister at the time, drafted a law that sought to end 
fossil fuel extraction in the country by 2040. In response, Vermilion, a 
Canadian oil and gas company, threatened to use such a settlement 
provision to sue the French government. In the end, the French law was 
watered down to allow new oil and gas exploration even after 2040.

When these legal actions move forward, the results tend to benefit oil 
and gas interests. A recent report on investor-state dispute settlement 
(ISDS) actions found that when such cases were decided on by their 
merits, fossil fuel investors emerged victorious 72 percent of  the time 
— earning, on average, $600 million in compensation.

According to a paper published in Science last month, more ISDS claims 
could soon be coming. That is because of the Energy Charter Treaty 
(ECT), a 30-year-old international energy agreement that has been 
ratified by 50 countries, mostly in Europe. The treaty calls for “fair 
and equitable treatment” of investors and “payment of prompt, adequate 
and effective compensation” in case governments take over their assets — 
clauses that fossil fuel investors could use to threaten ISDS legal 
action against new climate regulations.

Discussions are ongoing in Europe to “modernize” the ECT to take climate 
goals into account. But recently, Pascal Canfin, chairman of the 
European Parliament’s environment committee, announced that the 
negotiations haven’t been productive and that the ECT will likely 
“continue to be used by investors to sue states taking climate action.” 
Now, Canfin is calling for all European Union countries to mount a 
“coordinated exit” from the treaty.

Laura Létourneau-Tremblay, a doctoral research fellow at University of 
Oslo working on international investment law, explained that if states 
have to compensate fossil fuel companies under ISDS provisions for 
transitioning away from fossil fuels, it could “prevent governments from 
taking ambitious climate actions… [There are] real concerns as to 
whether the ECT is compatible with the net-zero energy transition.”

The potential for fossil-fueled ISDS actions are also baked into U.S. 
trade deals. The North American Free Trade Agreement (NAFTA), for 
example, includes stipulations of “fair and equitable treatment” of 
foreign investments, which could be used to thwart ambitious climate 
agendas.

The strategy is already being used in response to some of the United 
States’ biggest recent climate victories. After President Joe Biden 
revoked the permit for the controversial Keystone XL oil pipeline on his 
first day in office, TC Energy, the Canadian company behind the project, 
sued the U.S. government. Citing a “responsibility to our shareholders 
to seek recovery of the losses incurred due to the permit revocation,” 
the company claimed $15 billion in damages.

The matter has become so pressing that on May 10, the Organization for 
Economic Co-operation and Development, an intergovernmental organization 
comprising largely high-income countries that works on trade and 
economy, held a conference to discuss “the overriding importance of 
confronting the climate crisis,” including how to ensure investment 
treaties “do not hamper legitimate regulation in the public interest.”...

*“Litigation Terrorism”*
ISDS clauses were first added to international treaties in the 1980s and 
1990s. Historically, the main aim of treaties with ISDS clauses was to 
protect economic interests of foreign investors, explained Ladan 
Mehranvar, a legal researcher at Columbia University’s Columbia Center 
on Sustainable Investment. Therefore, noted Mehranvar, “They were never 
designed to promote a state’s climate or human rights obligations 
towards other rights holders.”

Under ISDS provisions, when a dispute arises between foreign investors 
and the countries in which they have investments, the matter is taken to 
an arbitration tribunal, which is a panel of judges jointly chosen by 
the parties involved.

Experts have criticized such international arbitration tribunals’ lack 
of transparency. Silvia Steininger, a research fellow working on 
international law and arbitration at Max Planck Institute for 
Comparative Public Law and International Law, explained that the ability 
for affected people like local communities to give witness statements in 
such cases is “very limited and often denied.” Additionally, the parties 
to each case can decide to keep the results of the arbitration under 
wraps, further limiting public scrutiny and accountability.

The background of the people who usually act as judges in these 
three-arbitrator tribunals also raises concerns. “Arbitration is a very 
lucrative practice,” said Steininger, pointing out that arbitrators are 
generally “private business lawyers, whose socialization prioritizes 
economic interests before other public concerns, such as human rights or 
the environment.”

This state of affairs, noted Steininger, has resulted in “an elite group 
of approximately 50 arbitrators who are regularly appointed” to most cases.

These arbitration tribunals’ decisions are final — there is no option 
for appeal.
ISDS provisions, in other words, allow foreign companies to bypass local 
courts, which can hold them accountable to local laws and regulations, 
and instead sue governments in international arbitration tribunals, 
where they have a say in the selection of judges and are not bound by 
local laws. Governments, meanwhile, cannot sue foreign companies under 
ISDS — they can only file counters to claims brought against them.
No wonder, then, that the threat of ISDS actions has led to what is 
routinely described as “regulatory chill.” Governments have shied away 
from amending laws or imposing new regulations on foreign companies when 
there’s a possibility of expensive legal proceedings and major payouts. 
Joseph Stiglitz, an economist and Nobel laureate, has called this state 
of affairs “litigation terrorism.”

“The threat of facing such very expensive arbitration proceedings, 
including possible damage payments of millions or even billions of U.S. 
dollars, restricts the policy space of host states to impose regulations 
or amend laws which might impact investment activity,” Steininger said. 
“Governments are so fearful that foreign investors might sue them before 
an arbitral tribunal that they decide not to impose any policy changes, 
even when they would be necessary… to safeguard human rights or protect 
the environment.”

A recent Intergovernmental Panel on Climate Change report recognized 
such realities, specifically pointing out how fossil fuel companies use 
ISDS to “block national legislation aimed at phasing out the use of 
their assets.”

For years, ISDS clauses have been creating major problems for countries 
around the world. In Australia, Wikileaks found that ISDS clauses were 
allowing foreign firms to demand compensation from the government in 
response to the passage of policies related to public health, the 
environment, and other matters. In Pakistan, meanwhile, one 2019 ISDS 
lawsuit over a “sweetheart deal” offered to a mining firm riddled with 
allegations of kickbacks and bribery cost the country $5.8 billion, at a 
time of deep economic distress and nationwide strikes.

Progressive lawmakers, including Sens. Elizabeth Warren (D-Mass.) and 
Bernie Sanders (Ind.-Vt.) have long crusaded against ISDS provisions in 
American trade deals. In a 2017 letter to a U.S. trade representative, 
Warren wrote that ISDS provisions “give multinational corporations 
special rights to challenge American laws in corporate courts… a free 
pass to ignore our rules and bypass our courts.”

Sanders, meanwhile, highlighted examples of the havoc caused by ISDS 
clauses during the debate over the Trans-Pacific Partnership (TPP), a 
multilateral trade agreement pushed by the Obama administration. That 
included the tobacco giant Philip Morris suing Uruguay under ISDS over 
its cigarette labeling requirements, and Veolia, a French transnational 
company, suing Egypt for, among other things, increasing workers’ 
minimum wages.

The case against Uruguay was so ridiculous that it was spotlighted in an 
episode of John Oliver’s Last Week Tonight in which he introduced an 
anthropomorphic cartoon “Jeff the Diseased Lung” to represent the 
tobacco company. The show even put the cartoon up on billboards in Uruguay.

The ISDS provisions in the Trans-Pacific Partnership played a key role 
in Congress’ failure to ratify the TPP. The trade agreement’s proposed 
ISDS expansion was met with widespread concern across the political 
spectrum, with those on the left opposing it because of the additional 
power it would have handed multinational corporations and foreign 
investors to wreak havoc on public health and the environment, and those 
on the right opposing the idea of allowing international tribunals to 
overturn U.S. law.

Later, on the 2020 campaign trail, Biden told the United Steelworkers he 
opposes including ISDS clauses in trade agreements, arguing that they 
allow “private corporations to attack labor, health, and environmental 
policies.”

Over the years, some progress has been achieved in reforming ISDS 
provisions. In 2018, NAFTA was renegotiated to remove ISDS clauses 
between the U.S. and Canada, and the clauses were scaled back between 
the U.S. and Mexico.

The United Nations Commission on International Trade Law is currently 
looking to reform ISDS mechanisms. At these discussions, delegations 
have proposed “radical changes” to the current investment arbitration 
system, according to Yanwen Zhang, a PhD candidate working on investment 
law reform at University College London.

For instance, Brazil suggested the inter-State dispute resolution 
approach as an alternative, as opposed to the current system where 
private investors can sue governments while some non-governmental 
organizations like ClientEarth and Public Citizen are advocating moving 
away from ISDS altogether...
- -
*“It Boils Down To Just Political Will”*
ISDS provisions have become a key weapon for fossil fuel companies 
looking to increase production in the climate change era or, at the 
least, claim damages for not being allowed to do so.

Chevron, the American oil and gas giant, has actively lobbied for the 
inclusion of ISDS provisions in E.U.-U.S. trade deals, noting they are a 
deterrent against environmental protections...
- -
Ultimately, taxpayers would bear the cost of such lawsuits. A January 
2020 report by Openexp found that if the ISDS mechanism in the ECT was 
used to protect fossil fuels until 2050, it could result in fossil fuel 
payouts totalling more than $1 trillion. This amount is more than what 
is needed over the next 10 years to finance the European Green Deal, 
which aims to cut European emissions by 55 percent by 2030.

Ultimately, ISDS provisions in trade deals like the ECT could end up 
making the global transition to renewable energy much more expensive.
- -
According to a new study published in Nature, the oil and gas industry 
is facing $1 trillion in losses due to oil and gas reserves left 
stranded from climate-related policy changes. Those losses would likely 
increase if nations continue to expand oil and gas supplies — such as 
the Biden administration is now looking to do in order to decrease 
reliance on Russian fossil fuels — and the additional stranded drilling 
assets could be used to launch more ISDS cases.

Therefore, the most direct way for governments of wealthy nations to 
avoid being entangled in such expensive lawsuits is to stop promoting 
fossil fuel expansion in the first place.

“Delaying climate action by giving out new permits [for oil and gas 
expansion] increases both the risk of exceeding 1.5 celsius of warming 
and of ISDS cases being launched,” said Kyla Tienhaara, Canada Research 
Chair in Economy and Environment at Queen's University in Canada, and 
lead author of the new Science paper.

Tienhaara added there are “a whole range of actions governments could 
take” to limit fossil fuel projects and decrease the threat of ISDS 
lawsuits. But, she added, at the end of the day, “it boils down to just 
political will.”

Editor's Note: This story was developed as part of a journalism 
residency program at Max Planck Institute for Comparative Public Law and 
International Law in Heidelberg, Germany
https://www.levernews.com/fossil-fuel-interests-are-suing-countries-for-taking-climate-action-and-winning/



/[ follow the debt - a trap that keeps us choked ]/
*Quick and dirty cash*
The pandemic has left many countries deeper in debt. One way out is to 
sell more fossil fuels.
By Manuela Andreoni - June 7, 2022
Leaders from across the Americas are attending a summit this week in Los 
Angeles to discuss, among other things, how to build a sustainable 
future. One of the questions hanging over the meeting: Is there a place 
for oil and gas in that future?...
- -
Argentina’s sweeping energy transition plan, Kogan said, had to be put 
on hold. Increasing the production of solar and wind energy, he said, 
“would mean importing this equipment, which the country doesn’t have 
resources to do.”

Argentina’s current situation is symbolic of how the pressure from 
climate activists to keep fossil fuels in the ground isn’t nearly as 
great as that imposed by the challenges to fully develop low and 
middle-income economies. Especially when money for green investments is 
lacking.
Daniel Dreizzen, a former secretary of energy planning in Argentina, 
said he couldn’t envision a future where countries like Argentina left 
their reserves untouched in the ground. The percentage of renewables in 
Argentina’s energy matrix is likely to grow, he said, but that won’t 
mean producing less fossil fuels in absolute terms.

“Everyone wants to change the system,” he said. “The problem is how fast 
and at what cost.”
https://www.nytimes.com/2022/06/07/climate/oil-gas-summit-americas.html


/
/

/[ live podcast first episode - failure to deliver ]/
*What’s The Matter With The Democrats?*
On this first episode, host David Sirota and Lever reporters will go 
deep on our reporting on why Democrats seem to be on the verge of an 
electoral disaster. We’ll ask you to call in and give us your on-air 
take about some big questions.
Jun 7, 2022
https://www.callin.com/episode/whats-the-matter-with-the-democrats-NvdyFZwcaH



/[  promoting pleasant living - value of indigenous peoples  - video 
speech ]/
*Natural Prosperity and the Wellbeing Economy*
Jun 7, 2022  What does Natural Prosperity look like?
In this lecture we envision a new, more equitable future where wellbeing 
and nature-based solutions take the place of growth at any cost. Growth 
has almost vanished in industrialised countries since the global 
financial crisis of 2008.

By breaking free from growth, a new economy based on natural prosperity 
can contribute to our survival and success in future.

A lecture by Jacqueline McGlade /[Jacqueline Myriam McGlade is a 
British-born Canadian marine biologist and environmental informatics 
professor. Her research concerns the spatial and nonlinear dynamics of 
ecosystems, climate change and scenario development. /]

The transcript and downloadable versions of the lecture are available 
from the Gresham College website: https://www.gresham.ac.uk/watch-now/n...
Gresham College has offered free public lectures for over 400 years, 
thanks to the generosity of our supporters. There are currently over 
2,500 lectures free to access. We believe that everyone should have the 
opportunity to learn from some of the greatest minds.
To support Gresham's mission, please consider making a donation: 
https://gresham.ac.uk/support/
https://www.youtube.com/watch?v=3VHz9JZGjIc



/[ smaller stature is protective ]/
*Climate crisis could make humans shrink in size, says fossil expert*
Edinburgh palaeontologist says smaller mammals are better able to cope 
with increased temperatures
- -
In a recent study, researchers studying human remains over the past 
million years have also suggested that temperature is a major predictor 
of body size variation, while scientists studying red deer have said 
that warmer winters in northern Europe and Scandinavia may lead to the 
body size of these animals becoming smaller.

However, not all experts agree that rising temperature causes mammals to 
shrink. Prof Adrian Lister, of the Natural History Museum in London, 
said the relationship shown by the recent human remains study is weak, 
while the strong correlations between temperature and mammal body size 
may often be down to the availability of food and resources.

Lister is also sceptical that humans will shrink as the climate heats. 
“We are not really controlled by natural selection,” he said. “If that 
was going to happen, you’d need to find large people dying before they 
could reproduce because of climate warming. That is not happening in 
today’s world. We wear clothes, we have got heating, we have got air 
conditioning if it is too hot.”

However, Brusatte says that while humans are an amazing species, other 
mammals may be better off without us. “You might say, are other mammals 
better off if humans were not around? And you know, frankly, probably, 
yeah,” he said. “I think if you were a rhino, an elephant, a lion, a 
platypus, a koala, you probably would want humans to be gone. But 
hopefully that’s not going to happen.”
https://www.theguardian.com/environment/2022/jun/07/humans-could-shrink-in-wake-of-climate-crisis-says-fossil-expert



/[  Strong winds -- growing stronger - STORM-PROOFING BUILDINGS ]/
*The Wall of Wind Can Blow Away Buildings at Category 5 Hurricane 
Strength to Help Engineers Design Safer Homes – but Even That Isn’t 
Powerful Enough*
By Richard Olson and Ameyu B. Tolera
*When engineers built the Wall of Wind test facility 10 years ago at 
Florida International University, it was inspired by Hurricane Andrew, a 
monster of a storm that devastated South Florida in 1992. Tropical 
storms are ramping up in intensity as the climate changes and ocean and 
air temperatures rise. Designing homes and infrastructure to withstand 
future storms will require new test facilities that go well beyond 
today’s capabilities...*
- -
The Wall of Wind
There is currently only one life-size test facility at a U.S. university 
capable of generating Category 5 winds, currently the most powerful 
level of hurricane. That’s the Wall of Wind.

At one end of the facility is a curved wall of 12 giant fans, each as 
tall as an average person. Working together, they can simulate a 160 mph 
hurricane. Water jets simulate wind-driven rain. At the other end, the 
building opens up to a large field where engineers can see how and where 
structures fail and the debris flies.

The powerful tempests that we create here allow us and other engineers 
to probe for weaknesses in construction and design, track failures 
cascading through a building and test innovative solutions in close to 
real-world storm conditions. Cameras and sensors capture every 
millisecond as buildings, roofing materials and other items come apart – 
or, just as important, don’t fail.

Ten years of research here have helped builders and designers reduce the 
risk of damage. That’s helpful when forecasters warn, as they do for 
2022, of a busy hurricane season with several major hurricanes...
- -
One study estimated that if Hurricane Ike, which devastated Galveston, 
Texas, in 2008, were to hit in the warmer climate expected in the late 
21st century, its winds would be 13% stronger and it would move 17% 
slower and be 34% wetter.

Storms like these are why we’re working with eight other universities to 
design a new facility to test construction against 200 mph winds (322 
km/h), with a water basin to test the impact of storm surge up to 20 
feet (6 meters) high plus waves.

Computers can model the results, but their models still need to be 
verified by physical experiments. By combining wind, storm surge, and 
wave action, we’ll be able to see the entire hurricane and how all those 
components interact to affect people and the built environment.

Disaster testing is finding ways to make homes safer, but it’s up to 
homeowners to make sure they know their structures’ weaknesses. After 
all, for most people, their home is their most valuable asset.


https://www.homelandsecuritynewswire.com/dr20220601-the-wall-of-wind-can-blow-away-buildings-at-category-5-hurricane-strength-to-help-engineers-design-safer-homes-but-ev
- -
/[ here it is, quick before it blows away ]/
from Florida International University Department of Civil and 
Environmental Engineering
*Wall of Wind *https://cee.fiu.edu/wp-content/uploads/2012/11/wow-team.jpg
- -
To perform hurricane mitigation research, the wind engineering team at 
the International Hurricane Research Center (IHRC) and College of 
Engineering and Computing (CEC) at FIU has built a full-scale “Wall of 
Wind (WoW) facility”. The WoW is viewed as being potentially as 
effective for wind engineering as crash testing, which led to the 
development of air bags and other safety features, was for the 
automobile industry. Engineers liken the WoW to shake table testing, 
which led to performance-based earthquake engineering.

The WoW facility can test to failure full-sized structures such as 
site-built or manufactured housing and small commercial structures. 
Current WoW projects, funded by federal and state agencies and by 
private industry, are offering focus and leadership in the urgently 
needed hurricane engineering research and education from an integrative 
perspective to quantify and communicate hurricane risks and losses, 
mitigate hurricane impacts on the built environment, and enhance 
sustainability of infrastructure and business enterprise, including 
residential buildings, low-rise commercial buildings, power lines, 
traffic signals, etc.

The synthesis inherent in WoW research will create a sound scientific 
basis for developing risk-based and performance-based design criteria, 
and contribute to the attainment of a national objective: achieving more 
sustainable coastal communities.
https://cee.fiu.edu/research/facilities/wall-of-wind
- -
[ Another facility that tests winds ]
*NHERI WALL OF WIND FACILITY OVERVIEW*
The NHERI Wall of Wind (WOW) Experimental Facility (EF) at Florida 
International University (FIU) was funded by NSF to be a national 
facility that enables researchers to better understand wind effects on 
civil infrastructure systems and to prevent wind hazards from becoming 
community disasters.
1 -- 16,000 sqft. fenced-off secure area for wind testing.
2 -- WOW apparatus (with 14 ft. high x 20 ft. wide test section), rain 
generation system, flow conditioning spires and roughness for 
atmospheric boundary layer (ABL) simulation, two Variable Frequency 
Drives (VFDs) to control 12 WOW fans, 16 ft. diameter turntable, data 
acquisition (DAQ) system, video capture and surveillance system (all 
housed in a 8,000 sqft. WOW building).
3 -- 3,000 sqft. pre-test specimen staging/construction/instrumentation 
(SCI) building with a fabrication shop and a small-scale boundary layer 
wind tunnel?.
4 -- 1,344 sqft. air conditioned Operations and Control Center (OCC) for 
controlling, monitoring, viewing the tests, and providing telepresence.
5 -- 1:15 small-scale WOW.
6 -- Downburst Simulator.
https://fiu.designsafe-ci.org/


/[The news archive - looking back at moments of promoted ignorance ]
//*June 8, 2001*/
June 8, 2001: The New York Times reports:

"With a new scientific report in hand that reaffirms the reality of 
global warming, the Bush White House readily acknowledged today that 
climate change was a problem but gave little clue as to what it intended 
to do about it.

"Ari Fleischer, the president's spokesman, told reporters that when 
President Bush heads for Europe next week: 'He's going to tell the 
Europeans that he takes this issue very seriously, that global climate 
change is an issue that nations do need to deal with — all nations, 
industrialized nations, the United States, developing nations, as well. 
And that through technologies and through growth and through other 
measures, that the world has a responsibility to face up to this.'

"This is the strongest language the White House has used on the issue 
and a far cry from its earlier position that the science was too 
uncertain to proclaim global warming a problem.

"But a report from the National Academy of Sciences, requested by the 
White House and released on Wednesday, reaffirmed the mainstream 
scientific view that the earth's temperature is rising, largely because 
of human activities, and that this could cause drastic climate changes 
throughout the century.

"Even before the report, the president was meeting with cabinet 
officials to work out a position and figure out how to present it at 
home and abroad."
http://www.nytimes.com/2001/06/08/politics/08WARM.html


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