A Case for Prioritizing Empathy in Climate Change Policy

person walking on dry soil during daytime

24 July 2022 – Sara Sam-Njogu

Over the past few decades, it appears that meaningful international action towards mitigating climate change has been hard to come by. Even less ground has been covered when addressing the increasingly prevalent issues around climate migration. If no action is taken, the World Bank estimates that more than 143 million people will be displaced by 2050 – largely impacting the most marginalized and disadvantaged global communities.[1]

Climate change is defined as a “wicked problem” – so vast and complex that it seems impossible to resolve due to the multiple interdependent factors at play.[2] However, one simple overarching principle is necessary if we, as an interdependent world, are to bring about justice for those affected and displaced by climate change: empathy.

Why Should Policymakers Apply Empathy?

Applying empathy to climate change policy is a fundamental starting place [3], especially if world leaders hope to move beyond the political tug-of-war to establish long-term climate justice. Without it, they are likely to develop approaches that only benefit countries in the Global North in the short-term.[4]

There is a surprisingly simple theoretical concept that could be used by world leaders to apply empathy in their decisions on climate change policy. This concept is so intuitive that my daughters use it without any prompts. When they pull the last coveted cookie from the jar, they instinctively understand the fairness in one of them cutting the cookie while the other chooses which half to take. When she who holds the knife doesn’t know which half she will get, she is incentivized to make the split as even as possible. Cut the left side larger, and she is sure to be stuck with the smaller right side when her sister gets the first pick.

This basic concept has been the subject of the late 20th century political philosopher John Rawls, who defines it as the “original position”[5]. Rawls believed that when dealing with a specific issue, the decision maker is behind a “veil of ignorance”, because when determining the most effective path forward they are not sure which end of the policy they will ultimately be on, nor the timeframe over which the issue may occur. Cut the cookie unequally, and they could be left with  the smaller half once the veil is lifted and their position is revealed.

When it comes to climate change in particular, the veil becomes so opaque that it even obscures important external factors. This is especially true when considering the extent to which various geographical regions will be affected by climate change, despite recent advancements in scientific models which can predict these factors[6]. So how might the effects of climate change develop over time?

Looking Beyond the Veil

With these unknown issues at play, the application of Rawls’ thought experiment becomes somewhat more clear. Climate policy makers represent different countries from around the world, with some of those countries being destinations for migrants, while others are the heavily affected locations those migrants must leave behind. As they come together, these policy makers  are faced with a question they have never comprehensively addressed: under what circumstances should migrants whose own home countries have been made unlivable as a result of rising sea levels, unbearable temperatures, or drought be allowed entry into lesser-affected countries?

Immigration is a heated political topic for many countries in the Global North, including the United States [7], with policymakers facing intense scrutiny from all sides. In order to apply Rawl’s original position framework, the policymaker has to decide on an appropriate policy without truly knowing which position they will occupy – either at present or in the future. While it might seem politically desirable for the receiving country to limit climate-induced migration, the decision maker might find that once the veil is lifted, they may also be in the same position as the migrant at some point in time. Placing oneself on both sides of the situation, especially before adopting any appropriate policies, is crucial to achieving a just result.

Further complicating this dilemma are the inherent quirks within the human response of empathy. For one, humans have a tendency to worry more about today than tomorrow, even though our children will live in the tomorrow which we shape.[8] Moreover, we paradoxically feel more moved to help a single person in need, but when large groups of people are in danger, our empathy and compassion can “collapse”.[9] Ultimately, this could mean that climate change decision makers are working against their own natural impulses. They are tasked with establishing policy to protect populations in the long-term, which in the Global North can be perceived as protecting large, faceless groups of people from other parts of the world.

However, studies have shown some success in overcoming this empathy gap, mainly by viewing climate change through a political lens, as opposed to a purely scientific one.[10] This feels unsatisfying, because many believe the biggest barrier to meaningful progress is precisely a political one.[11] It is far from clear how to overcome this political will issue but the answer lies at the heart of pushing toward empathetic policy.

Undoubtedly, world leaders will always prioritize the countries they represent in these policy decisions, but all of humanity would be better served if these leaders sought out more empathy-based solutions. Although it is mostly those in the Global North who occupy habitable environments today, if the veil right in front of them is lifted, they may find that it is themselves who also need to seek a new home tomorrow.

Found this article interesting? Make sure to listen to our interview with Queer Black Feminist Alicia Wallace on the Intersectionality of Climate Change.


Sara Sam-Njogu is a second year law student at Western New England University School of Law. She is a clinician in the International Human Rights Clinic where she studies climate change, climate migration, and how corporations interact with these important issues. Prior to law school, Sara worked in sales and marketing strategy for consumer goods manufacturers. She lives in Longmeadow, MA with her husband and two daughters.


References

[1] https://www.worldbank.org/en/news/infographic/2018/03/19/groundswell—preparing-for-internal-climate-migration. Retrieved 12 April 2022.

[2] https://thewire.in/environment/climate-change-wicked-problem. Retrieved 10 July 2022.

[3] https://blog.oup.com/2021/07/why-climate-change-education-needs-more-empathy/. Retrieved 12 April 2022.

[4] https://carnegieeurope.eu/2021/10/06/how-deep-is-north-south-divide-on-climate-negotiations-pub-85493. Retrieved 12 April 2022.

[5] Stanford Encyclopedia of Philosophy, John Rawls, 4.6, https://plato.stanford.edu/entries/rawls/#OriPos; Davies, Ben. “John Rawls and the ‘Veil of Ignorance.’” In INTRODUCTION TO ETHICS: AN OPEN EDUCATIONAL RESOURCE, 92–97. Golden West College, Huntington Beach, CA: NGE Far Press, 2019, https://open.library.okstate.edu/introphilosophy/chapter/john-rawls-and-the-veil-of-ignorance/. Retrieved 10 July 2022.

[6] https://aambpublicoceanservice.blob.core.windows.net/oceanserviceprod/education/pd/climate/factsheets/howreliable.pdf. Retrieved 12 April 2022.

[7] https://www.cfr.org/backgrounder/us-immigration-debate-0. Retrieved 12 April 2022.

[8] https://www.washingtonpost.com/outlook/2019/08/22/caring-about-tomorrow/. Retrieved 12 April 2022.

[9] https://www.theatlantic.com/international/archive/2018/10/indonesia-tsunami-compassion-collapse/572431/. Retrieved 12 April 2022.

[10] https://www.elevatescientific.com/time-to-move-on-from-the-information-deficit-model/. Retrieved 12 April 2022.

[11] https://time.com/6165094/ipcc-climate-action-political-will/. Retrieved 10 July 2022.

David Cremins

David is a student at Stanford Law School in Palo Alto, California, passionate about anything at the intersection of migration, workers’ rights, and climate justice. He has worked in tech, asylum law, and, in the summer of 2022 with Centro de los Derechos del Migrante, a migrant workers’ rights organization. With Earth Refuge, he writes, edits, and publishes case summaries for the Legal Database. David loves being part of this international, intersectional team and hopes to meet some of his collaborators someday!

Email: [email protected]

US Supreme Court Limits Ability of EPA to Regulate CO2 Emissions

body of water under cloudy sky during sunset

13th July 2022 – by Willy Phillips

On Thursday, June 30th, 2022, the Supreme Court of the United States (SCOTUS) ruled against the enactment of the Clean Power Plan (CPP) following a week of hallmark decisions. The CPP is a sub-section of the Clean Air Act which informs how the EPA can regulate Co2 emissions from electricity production. In the court’s majority opinion, Chief Justice John Roberts said the EPA has no grounds for the sector-wide restriction allowed under the CPP. According to Roberts, the US Congress is the only body that can enact a regulation of such high consequences. 

            Critics of the decision remain wary. In a fierce dissenting opinion, Justice Elena Kagan addressed that “the court appoints itself – instead of Congress or the expert agency – the decision-maker on climate policy.” It’s true; taking emission-standard authority from the government’s environmental organization seems counterintuitive. Justice Roberts, however, insisted that the sweeping regulation is a clear violation of the “major-questions” doctrine. This seldom referenced stipulation refers to the power given by congress to regulating agencies. Congress must provide clear and explicit permission for an agency to implement “decisions of vast economic and political significance.” 

            This case, known as West Virginia v. EPA, first took form in 2015 when Obama-era EPA guidelines set state-wide emission goals under the Clean Air Act. In 2016, SCOTUS suspended the plan in response to several state and private legal challenges. To this day, the CPP has never been enacted, so the SCOTUS ruling refers only to future EPA regulations. While The EPA may still pass site-specific emissions goals, the ruling limits the speed and uniformity with which the EPA can issue time-sensitive goals and standards.

            Many fear the court has set a dangerous precedent for muddying the extent of agency jurisdiction. Justice Kagan leaves her dissent with an honest recognition of SCOTUS limitations, asserting that “Whatever else this court may know about, it does not have a clue about how to address climate change,” she wrote. “And let’s say the obvious: The stakes here are high. Yet the court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions.” 

Climate Migration in Academia: Lauren Grant on her International School on Climate Migration

01 July 2022 – by Earth Refuge Correspondent Ole ter Wey

In this interview, correspondent Ole ter Wey speaks with Lauren Grant, director of field research at Earth Refuge. Together they discussed the world’s first international school on climate migration, which was founded and is run by Lauren. In the first half of the interview, Lauren talks about how her desire to start an academic space like the school came about, and how that idea eventually became a reality. Then, in the second half of the interview, Ole and Lauren elaborate on the substantive focus of the five-week summer school. They provide an overview of each session, which focused on the causes of forced climate migration, the different vulnerabilities and strengths of different social groups that are forced to migrate, and legal protections for climate migrants, among other topics.

“There is such a limited space to address climate migration at an academic level. From the very beginning I felt quite isolated, educating myself about it on my own. […] But when I found that there was an interest in climate migration im more people than myself, it was clear to me that there was not really a shortage of interest [but of academic space for discussion]. So this led me to the idea to establish something like a research center on the topic.”