I’ve often wondered why some people in the U.S. are willing to listen to climate scientists and believe them without actually feeling or seeing the effects of climate change, and others are not. I know that scientists are sometimes hard to understand and that climate change is difficult to grasp. Nevertheless, the climate crisis is about our future and the livability of our planet, so I wonder why more people aren’t swayed by the scientific consensus around climate change.

It would seem that the weather may have a more profound impact than volumes and volumes of peer reviewed climate science. Recent polling is showing that the U.S. public is connecting our recent extreme weather events with climate change. Seventy percent of those polled linked record high summer temperatures in the U.S. in 2011 to climate change. As the NY Times summed up “a large majority of Americans believe that this year’s unusually warm winter, last year’s blistering summer and some other weather disasters were probably made worse by global warming.”

While a thirteen-year-old from Iowa does not need to see climate change to believe it and fight against it, apparently most of the public does need to see it to believe it. Which begs the question, how many more tornadoes, hurricanes, and record-breaking temperature months are necessary before the public starts fighting against the climate crisis like Glori?

Judge Rasmussen will issue a written ruling.

For more information, check out KLCC Public Radio’s coverage of the case and the January 24 Eugene Register-Guard’s article.

To learn more about the youth who are taking action and speaking out about climate change, check out the Trust Films series produced by Our Children’s Trust, the iMatter Campaign and WITNESS.

2011 topped the records for the number of extreme weather events costing more than 1 billion dollars – we had 12 such events in 2011 totaling almost $200 billion. NASA’s two latest climate reports contain mind boggling conclusions.  The first report uses conservative temperature data from the IPCC, and predicts that by 2100 around 40 percent of our major ecological communities – places like forests, tundra, and grasslands – will be dominated by a different ecological community.  In other words, if you live near a forest, it could become a desert by 2100, or if you live near tundra, it could be transformed into a grassland by 2100.  The second report, relying on paleoclimate data analyzed by top climate scientist Dr. Jim Hansen, paints a harsh reality of what even a two-degree average increase in temperature will mean for our planet. Closer to home and more specific to Oregon, a senior Department of Interior official warned a Congressional subcommittee about the impacts from climate change on the water supplies of western states that rely upon snowpack to provide fresh water.

So, that’s enough about the darkness – where’s the light?  It seems to be stemming from the next generation.  Youth leaders are stepping up all around our country, and the world, to express their concerns over climate change.  A young U.S. woman interrupted the latest climate change negotiations out of fear for her future putting the U.S. Congress and Administration on the spot for not moving the negotiations forward.  Youth in Canada danced in protest of their government’s decision to withdraw from the Kyoto Protocol.

Of course, youth here in Oregon and around the U.S. and the world took the courts last May to demand that the government protect their future from the harmful impacts of climate change. Led by Alec Loorz of Kids versus Global warming and Our Children’s Trust, these members of the next generation are also an amazing inspiration.

Nelson Kanuk on the Kuskokwim River, Kipnuk, Alaska. Photo by Christi Cooper-Kuhn and Kelly Matheson, courtesy of iMatter.org

Our Children’s Trust, the iMatter Campaign, and Witness just released the most recent video of one such climate leader who is involved in a legal case launched last May.  Trust Alaska documents the life and struggles of Nelson Kanuk and native subsistence people along Alaska’s rapidly eroding coastline.  Nelson’s dedication to his family, their traditional way of life, and to sustaining the planet and his home is a true inspiration. Please share it with your friends and family, and may it help light the seasons to come.

Alec Loorz on set filming with Witness. Photo by Ben Pearce.

On May 5, youth in Oregon sued Governor Kitzhaber for failing to adequately protect our atmosphere from climate change.  At the same time, members of the next generation also sued the federal government, several other states, and launched lawsuits in other countries in an effort to halt our current climate crisis.

How climate change will alter life as we know it is almost incomprehensible.  But to hear a young person explain why they worry about climate change and why they are willing to fight to stop it is not only comprehensible but virtually impossible to ignore.  Listening to a tween tell you that she wants to go to college, have a dog, buy a house, and grow a garden and that if we stay on our current climate trajectory she may not be able to do those things is heart breaking.  (Especially for those of us in the ruling generation who have been lucky enough to accomplish some of these goals.)

Of course, lawsuits are not always the best vehicles for capturing these sentiments.  Luckily, the iMatter campaign partnered with Witness – a kick-butt NGO that creates amazing documentaries – to tell the stories of some of the youth who decided to hold the ruling generation accountable for our on-going climate disaster.  As a result of this partnership, several short documentaries will be released throughout the next year providing a snap shot of the youth behind the climate change lawsuits.

The first film was just released and tells the story of Alec Loorz who at the age of 12 watched An Inconvenient Truth with his mother and radically altered his life to become a climate change activist.  Alec’s story is an amazing inspiration and you absolutely should watch it!  And when you’re done, check out Alec’s recommendations for how you can make a difference for our climate.

I attended the Coast Conference in Newport last weekend, which brought together local citizens, scientists, policy-makers, and advocates to consider what is probably the most significant issue shaping the coast today: climate change. Two of the presentations provided me with a particularly telling perspective.  A presentation by historian William Robbins of OSU provided a look back at how logging practices, and particularly industrial-scale logging, literally changed the landscape and the watersheds of Oregon’s coast.  This history provided a background to understanding how human activities directly impact our coastal communities,both natural and social.  Building on that background, climate change ecologist Dr. Allen Solomon presented realistic projections of how climate change, including sea level rise and storm surge, will further alter the shape of the coast as we know it.  The more indirect effects of climate change are likely to be just as powerful in re-shaping the natural and social communities of the coast as the direct human activities of industrial logging.  How we respond to these changes will be critical to the future of the coast.

During my three years at Crag, working with Oregon Shores has been the cornerstone of the Coastal Law Project.  From challenging proposals for river-side residential development on land zoned for recreation, gravel mining in South Coast rivers, and destination resorts and golf courses in important habitat locations, to collaborating with fishermen, local governments, and state agencies on marine reserves and territorial sea mapping, to providing local citizen groups with the tools they need to start proactively planning for the effects of climate change in their communities, Oregon Shores tackles the issues threatening the long-term health of coastal communities and ecosystems.  The Oregonian ran a story last week to bring attention to the achievements of Oregon Shores during the past 40 years, and I feel privileged to provide support to Oregon Shores as it moves into its next 40 years, always looking forward to protect the future of Oregon’s coast.

The State has a planning goal for ocean resources (Goal 19) that requires state agencies to protect renewable marine resources, the biological diversity of marine life and the marine ecosystem, and important marine habitat areas within the three nautical-mile territorial sea.  A few years ago, when members of the newly emerging wave energy industry expressed interest in developing wave energy off Oregon’s coast, the State realized it would need to balance protection of these resources with the incentive to develop clean power technologies.

But where are these resources, important habitat, and existing uses located?  How can we avoid conflicts with wave energy if we don’t know where the most sensitive habitats, the best fishing and crabbing grounds, or the sweetest views are?  Underway now is an effort to map the current ocean uses and Goal 19 protected resources.  State agencies have been working with the fishing industry, recreationists, non-profit organizations and scientists to produce maps of the resources to be protected.  Just as land is zoned for certain uses, these maps will form the basis for a similar “zoning” of the territorial sea in order to help inform future ocean use proposals.

On Friday I attended a public work session with members of the Territorial Sea Plan Working Group in Salem.  Our client Oregon Shores Conservation Coalition has a seat on the committee.  Members of the panel and state agency representatives gave an overview of the process and showed us the results to date.  I was impressed with the collaborative approach and 360-degree look at the protection of ocean resources.  I think the real challenge will come if and when the maps show competing resources or uses in the same area.  How will one use be prioritized over another?  Will the State carve out a place for wave energy in the territorial sea?  Will it have to?  I’m looking forward to finding out.  For more information go to the State’s Ocean Information website and check out Ecotrope’s recent post.

iMatter March, Portland, OR - May 14, 2011

Last week Crag filed groundbreaking climate litigation on behalf of Oregon youth and their families against the State of Oregon and Governor Kitzhaber.  The lawsuit filed in Oregon was part of a hatch of litigation filed around the country and the world.  The hatch received significant media attention with stories in the NY Times, the Oregonian, the Huffington Post, and the UK’s Guardian.  The public’s interest has only increased now that youth are also taking to the streets in a series of iMatter Marches being staged in over 100 cities around the world.

The article that most struck home for me was a Guest Opinion piece in Eugene’s Register-Guard written by seventh grader Sage Fox.  In the piece, she asks the now generation to take action before it is too late for the next generation: “This is not the same world you grew up in. When you were a kid, you thought everything was fine. Now, we live in a world so polluted that people have trouble finding enough clean water across many parts of the globe. . . . The children of the world plead to you: Don’t gamble with our future.”

Ironically, or perhaps not, on the very night that the climate litigation was hatched, Crag was the recipient of a benefit concert put on by world famous Pato Banton and the Now Generation.   At some point, very late in the evening, Pato issued his own call for action on climate change with the same sense of urgency reflected in the Seventh Grader’s musings.  He sang:

“Yes Mama Earth is in a state of emergency

Pollution of the air the land and seas

The planetary ozone is like a warzone

And it affects us globally”

His solution was simple:  “Let’s get together now and heal this world.” It gave me hope that perhaps the now generation isn’t so off, and that perhaps we can do the right thing now before it’s too late.

Fed up by the failure of international, national, and state governments to take appropriate action to combat the climate crisis, Oregon children and their families launched a lawsuit on May 4th against Governor Kitzhaber and the State of Oregon.  The kids and parents are represented by the Crag Law Center and Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C.

We are at a crossroads facing the possibility of a rapid climate shift.  The burning of fossil fuels has resulted in a carbon overload in our atmosphere.  Too much carbon acts as a thickening blanket that traps heat around the globe and here in Oregon.

If we don’t act within the next couple of years to implement common sense ways to reduce the amount of carbon in the atmosphere, we will reach the point of no return.  Here in Oregon, global warming will mean a 50% reduction in snowpacks and threats to family farms and agriculture.  Our oceans will be more acidic, which will damage anything with a shell.  We’ll experience more severe storms and worse flooding.

That is why children in Oregon are asking that Governor Kitzhaber take immediate steps to protect their future.  By aggressively promoting energy efficiency and renewable energy, we can transition quickly away from fossil fuels while making Oregon a leader in the new economy.  These steps will not only benefit the children and our environment, but they will also create jobs as we build more energy efficient houses, plan smarter communities and build new infrastructure.

The groundbreaking lawsuit seeks enforcement of the public trust doctrine – a legal requirement that Oregon hold in trust for all citizens of the State basic natural resources like water, beaches, fish, and wildlife.  By failing to reduce carbon emissions, Oregon is threatening these resources, as well as the atmosphere itself, which the case seeks to establish as a trust resource.

The lawsuit in Oregon was filed on the same day as legal actions against the federal government and other States, and as legal action was taken in other countries with the support of Our Children’s Trust an Oregon non-profit.  But youth are not just standing up in Court, they will also stand-up for their futures in the streets this weekend and beyond in conjunction with the marches planned by iMatter.

Oregon Public Trust Complaint

Oregon Climate Case Press Release

Facts on Climate Change in Oregon:

In 2004, the Governor’s Advisory Group on Global Warming had this to say:

“Our failure to return atmospheric accumulations of greenhouse gases back to levels that will sustain historic climate patterns may lead to an Earth that is dramatically altered and far less habitable within only a few generations.”

According to the Oregon Climate Change Research Institute, predicted impacts in Oregon include:

• A reduction of Cascade snowpacks by 50% by mid-century along with significant decreases in summer stream flows and water supply.

• Impacts to Oregon’s $1.6 billion/year agricultural industry, including drought, disease and limitations on water.  Agricultural zones will shift, resulting, for instance, in the Willamette Valley no longer being viable for growing pinot noir.

• Increasing sea levels 2-4 with flooding and loss of Oregon’s world-renowned beaches.

• Changes to the marine environment, including rising ocean temperatures, salinity, dissolved oxygen levels and acidity, damaging a wide range of shell-forming sea life like oysters and plankton.

• Severe threats to human health, including asthma rates, disease, air pollution and heat stroke.

In 2007, the Oregon Legislature set carbon reduction targets for the state: by 2010, being to reduce Oregon’s emissions; by 2020, reduce greenhouse gas levels to 10% below 1990 levels; and by 2050, reduce greenhouse gas levels that are at least 75% below 1990 levels.

In 2008 and again in 2009, the Oregon Global Warming Commission found that Oregon is failing in its efforts to achieve the necessary carbon reductions.

Oregon has already developed a common sense, step-by-step plan to fix the problem.  We can transition to a carbon-free energy system within the next 30-50 years while creating jobs and making Oregon a leader in the new economy.

Resources:

The Oregon Global Warming Commission

The Oregon Climate Change Research Institute

A Framework for Addressing Rapid Climate Change in Oregon

The Oregon Climate Change Assessment Report

The Oregon Global Warming Commission 2009 Report to the Legislature

Earth Under Fire is an illustrated presentation of climate problems, solutions and science. Covering 22 nations and all 7 continents, the book presents visual evidence of the dangerous climate changes occurring around the globe. In work over 6 years and consultations with over 170 scientists and experts, Braasch combines scientific facts and dramatic photos to create a moving portrait of our growing climate crisis.

Highlighting the impact of climate change on health, international relations, human rights and fresh water, Earth Under Fire catalogues the changes and disruptions caused from rising global temperatures and presents possible steps that can be taken to mitigate the effects of climate change. With a focus on sea-level rise, extreme weather, and quickened migration of plants and animals, Braasch records the impact of climate change on cities, governments, individuals, corporations and culture. Going further, Braasch also includes the developments in technology and science that are taking place around the world in the fight against global warming.

With its startling photos and informative science, Earth Under Fire acts as a call to action for people around the world to work to control climate change. For Braasch, this includes increasing the use of solar, wind and electric power and expanding mass transit. In his recent interview for Bloomberg News, Braasch also called for the creation of a carbon tax on products based on the amount of carbon dioxide created in the process of manufacturing each item.

Braasch’s photographs have appeared in publications like National Geographic, Time and the New York Times as well as used by the United Nations to highlight climate change. Braasch also donated photographs to Crag’s Wild Shots Photography Auction in 2007 and continues to support the mission of Crag Law Center.

You can see the Bloomberg article at:

http://www.bloomberg.com/apps/news?pid=20601088&sid=aOpYLXjpUpF4&refer=muse

Or learn more at:

http://www.earthunderfire.com/.

Oceans readily absorb carbon dioxide emissions from power plants and other human activities.  As a result, seawater becomes more acidic, which impairs the ability of marine animals to build the protective shells and skeletons they need to survive.  Studies have shown that ocean acidification hurts nearly every marine animal with a shell, including oysters, urchins, sea stars, and crabs.  It also weakens and dissolves the thin shells of certain plankton that form the base of the marine food web.

Scientists monitoring water quality off of the Washington coast have reported that ocean acidification is already affecting seawater quality and marine ecosystems.  The Center for Biological Diversity requested that Washington list its ocean waters as impaired under the Clean Water Act due to lower pH levels.  Washington refused, and EPA then approved Washington’s list of impaired waters without addressing the ocean acidification issue.  On behalf of the Center, Crag filed a federal lawsuit against EPA for approving Washington’s list of impaired waters without addressing this problem.  For more information, follow the links below:

Ocean Acidification Press Release

Ocean Acidification Complaint

2008 Feely et al Study of Ocean Acidification in Washington

2006 New Yorker Article on Ocean Acidification

Center for Biological Diversity Page on Ocean Acidification

Seattle Times Article on the suit.