Category: Current Affairs

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Australian-Tuvaluan-Union: A Widely Underestimated Change of Perspective

brown wooden boat on beach during daytime

30 November 2023 – by Robert Los

The Australia-Tuvalu Falepili Union Treaty, signed on the 9th of November, was groundbreaking in nature as an intergovernmental agreement with a clear substantive reference to the issue of potential climate migration. While it was generally well received by the international public and experts, despite not inconsiderable criticism of the lack of depth of coverage, the discussion is largely determined by the voices of experts from around the world. The voices of those affected on the ground, for whom this agreement aims to create a pathway, are somewhat lost in public perception. But listening to the voices of the locals and perceiving their view of things is fundamental to assessing the actual effectiveness of the treaty and identifying possible areas of tension between the assessments made during negotiations and the situation on the ground.

The scientists Taukiei Kitara and Carol Farbotko, who were born on the island or have been researching there for 20 years respectively, sought to provide this change of perspective when they captured the local prevailing sentiment in the wake of the treaty signing. A perspective even more important because it played no role in the conclusion of the treaty since the local population wasn’t consulted. Considering this, it is not entirely surprising that the two academics paint a somewhat different picture of the perception of the treaty than most of the international press does.

While the Treaty is locally acknowledged, it doesn’t feel groundbreaking on the Islands as the locals are not seeing the specialty, the novelty that the treaty promises to provide as climate change, climate change adaption and migration is widely prominent among the social issues for the last decades. The people are aware of the risks and a vast majority have thought very carefully about the potential need to relocate. But although most support the idea of others moving abroad, hardly anyone lists concerns about climate change as a reason for such a decision. Other motives like work or educational opportunities are prevailing. 

Another dominating phenomenon is the desire to stay, the desire to acquire knowledge and skills to protect the country from climate change. The Tuvaluan government shares this general attitude as it is committed to its policy of no resettlement unless necessary. Furthermore, it is preparing the ground for these shared efforts to be successful when it continues to invest in land reclamation projects, one of them designing the capital Funafuti to withstand the worst-case-sea level rise scenarios. The national belief in championing this upcoming challenge is backed by academia as research indicates that, with adaptation measures, the habitability of atolls can continue into the 21st century, despite rising sea levels.

In the light of this national spirit Kitara and Farbotko interpret the treaty in a new way – through a lens cleansed of the Damocles sword that is the pending climate migration crisis. In the eyes of the local academics the treaty is “simply another way in which Tuvaluan people can diversify their livelihood options and access more resources for tackling climate change, such as by increased remittances and the gaining of skills through increased education and training opportunities.” This perspective suggests that the agreement is ultimately just a continuation and extension of decade long known labor migration flows into the Australian and New Zealand labor markets. This makes the lack of novelty for the Tuvaluan people not only understandable but also comprehensible. 

Especially when you consider that it is a very externally driven debate to begin with and the treaty does nothing but once again impose externally determined definitions, regimes, rules and facts that undermine joint efforts. While the treaty contains considerable rhetoric around respecting sovereignty, it quite clearly erodes Tuvalu’s sovereignty on issues of national security with passages such as “[Tuvalu must] mutually agree with Australia any partnership, arrangement or engagement with any other State or entity on security and defence-related matters.” This is contrary of what the Tuvaluan people argued and fought for over the last year. They have been calling for protection of their sovereignty in the face of climate change-induced rising sea levels. And they have been rejecting the idea of being “climate migrants” – partly because of the prevailing national spirit of keeping their homelands safe and partly because of the worries that this might lead to discrimination in places that might be considered a new home. However, the agreement undermines this sovereignty and the efforts of the local population, which furthermore classifies them as climate migrants. The academics are therefore not wrong to point out that the agreement is not a step ahead from the point of view of the local population, but a step into a new uncertain future that brings with it new questions. And what it certainly does not provide secured and profound climate justice.

All the more so as there is a big question mark over the feasibility of the solutions proposed in view of Australia’s domestic political problems – whether the housing affordability crisis will provide enough living and housing space for people arriving, whether Australia will continue to commit to their climate change reduction goals and the one questions that will be inherent in every considered migration “what kind of hardship will await us at the end of our journey?”

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What Does the World’s First Bilateral Climate Mobility Treaty Mean for Tuvalu? 

a flag on a pole

15 November 2023 – by Yumna Kamel 

On 10 November 2023, Australia and Tuvalu signed the Falepili Union treaty, and made history.  

To fully appreciate and evaluate the groundbreaking nature of this initiative, two key contextual points need to be considered at the outset. First, Pacific Island states (Tuvalu included) collectively contribute less than 1% of global emissions, and yet they have borne what is arguably the largest burden of the changing climate for decades. Most concerningly, the losses of land, culture, and existence itself present a real and tangible threat to these states. Second, though displacement due to climate factors is one of the largest and most sweeping crises to face a generation, no binding mechanisms (such as treaties, legal, or resettlement schemes) existed to recognise this issue or introduce mitigation or protective measures… Until now, that is.  

The Falepili Union treaty recognises that ‘climate change is Tuvalu’s greatest national security concern’, and in turn, its core stated purpose is — 

‘…to provide the citizens of Tuvalu with a special human mobility pathway to access Australia underpinned by a shared understanding and commitment to ensuring human mobility with dignity’ 

‘Falepili’ is a Tuvaluan word that connotes good neighbourliness, care, and mutual respect. So, how far does this treaty go to encapsulate these values? 

The good news 

A treaty is an agreement signed by two or more sovereign states and is governed by international law. It is legally binding, and this is makes the Falepili treaty pivotal to the advancement of rights at the intersection of climate and mobility.  

The treaty sets a precedent by explicitly identifying climate change as a nuanced and existential threat to Tuvalu and her citizens. The approach is nuanced in that it recognises, in Article 2, the multifaceted threat presented by overarching climate change as opposed to isolated ‘natural’ disasters, and in its recognition of the impact of this threat upon Tuvaluans whether they choose to leave or remain on the island. This contrasts with previous international agreements and declarations, such as the 2015 Paris Agreement (binding) which briefly acknowledges that the rights of indigenous groups and migrants should be considered when addressing climate change, and the 2016 New York Declaration on Refugees and Migrants (non-binding) which recognises ‘environmental factors’ as a driver of migration.  

On the topic of nuance, the treaty lays the foundation for choice; it does not label itself as a resettlement scheme. First, it purports to provide the citizens of Tuvalu with a ‘special human mobility pathway’ visa scheme to access Australia with dignity, should they wish to leave (Article 1). Crucially, this pathway does not mention that a specific, isolated disaster must occur to enable Tuvaluans to make the move. If they do make the move, they will be able to ‘live, study, and work in Australia, and obtain access to education, health, income and family support upon arrival’ (Article 3). The Australian Prime Minister has said that under the pathway, 280 Tuvaluans will be able to make the move annually.   

Second, the parties make a commitment to actively uphold the ‘deep ancestral ties’ to and the desire of Tuvaluan people to remain on their land. The two nations ‘commit to work together to help the citizens of Tuvalu to stay in their homes with safety and dignity’. The treaty also gives the nod to the notion of adaptation through technological advancement as a solution, and to promoting support for this avenue to other nations (Article 2). At the outset, Australia has pledged $16.9 million to the existing Tuvalu Coastal adaptation project to expand the island’s land capacity by approximately 6%. 

What time will tell  

Importantly, the treaty does not outline whether there is a time limit upon the human mobility pathway for Tuvaluans to Australia, nor does it state whether citizenship is an eventual option. We can assume that further regulations or secondary legislation will iron out these details, as well as any expectations or obligations upon Tuvaluans who apply for the visa. 

The treaty does centre national security as a tenet of the relationship between the parties. In terms of how this ties the nations together more broadly, under Article 4, Tuvalu will need to ‘mutually agree’ (interpreted to mean that it will need to seek consent) with Australia before proceeding with any of the following —  

‘…any partnership, arrangement or engagement with any other State or entity on security and defence-related matters. Such matters include but are not limited to defence, policing, border protection, cyber security and critical infrastructure, including ports, telecommunications and energy infrastructure’.  

In return, Australia has committed to provide assistance to Tuvalu (following a request) in response to a major natural disaster, a public health emergency of international concern, or military aggression against Tuvalu. A time limit will be placed upon the length of stay of any Australian personnel who go to Tuvalu to provide the specified assistance.  

Final thoughts 

In contrast to previous declarations or initiatives, the Falepili Treaty is novel for a number of reasons. It is explicitly dedicated to human mobility linked to climate change without deeming this the ultimate solution to such a nuanced challenge. The treaty recognises both introducing a safe and legal route to movement, and preservation of the right to stay in response to a changing climate. Most importantly, it is the first legally binding bi-lateral instrument at the intersection of climate and migration. 

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If this note interested you, the following initiatives and cases may, too:  

  • The demand for an Advisory Opinion from the International Court of Justice, initiated by the Pacific Island Students Fighting Climate Change – read more about this here and here. This would be a landmark decision, albeit non-binding. 
  • On the Australian government’s liability to protect certain groups from the impacts of climate change, see — 
  1. The victory of the Torres Strait Islanders minority group in the case of Daniel Billy et al. v Australia before the United Nations Human Rights Committee. Although the decision is non-binding, it set a global precedent and requires Australia to make full reparations to the affected groups.  
  2. The introduction of the concept of a duty to protect young people from the impacts of climate change in the courts. Though it was dismissed at appeal, the case of Minister for the Environment v Sharma brought novel arguments into popular discourse. 
  3. Another perspective from the Australian -Tuvalu Falepili Union:

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Heatwave Leads to Fires and Mass Evacuation in Greece

27 July 2023 – by Darina Kalamova

The Northern Hemisphere is currently in its summer season and heatwaves have been causing widespread chaos in many countries. Southern and Eastern Europe has been experiencing record-breaking temperatures for the past two weeks. Wildfires are ravaging countries, people are risking their lives and are losing their homes and livelihoods.

Rhodes is in flames

Numerous fires have erupted throughout Greece since the heatwave began, with very intense ones occurring in Rhodes,  the largest of Greece’s Dodecanese islands. The island has been battling wildfires for the past ten days and since then, the flames have spread from the island’s mountainous area into its heavily populated parts causing mass evacuation operations.

Thousands of people have been forced to leave their homes and abandon holidays in order to protect their lives. In fact, more than 20,000 people have fled the flames since the weekend, making this Greece’s largest-ever wildfire evacuation. Authorities have been using transport planes to transfer camp beds, sleeping bags, and other essential supplies to Rhodes.

Many of the evacuated people were tourists who ended up being stranded at airports or other makeshift shelters including schools and conference halls for days. Since then, some have managed to get back to their respective countries, but many homes and businesses on the island have been destroyed.  In the upcoming days, government experts are expected to visit the area and assess the damage. 

Beyond the island’s borders

The prolongated heatwave is causing severe issues in other parts of the country as well. According to Pavlos Marinakis, a spokesperson for the Greek government, the firefighting efforts have become increasingly difficult due to the combination of high temperatures and parched conditions. He added that since the beginning of the heatwave, the country has had more than 50 new fires per day, or more than 600 in total.  

Emergency services are tackling fires on Evia and some areas have already been evacuated there. Corfu is another popular summer destination, which has suffered dramatically over the past two weeks and over 2000 people have been evacuated. The Greek Prime Minister warned that everybody should stay on high alert for the following weeks as “the climate crisis will manifest itself everywhere in the Mediterranean with greater disasters.”

Climate Change 

Scientists are warning that such heatwaves will become even more severe in the near future and different regions around the globe will start experiencing them more and more often.  According to a study conducted by World Weather Attribution, the events witnessed this month would have been “extremely rare” in the absence of human-induced climate change. The World Weather Attribution team estimated that the increasing greenhouse gas emissions are making the European heatwave 2.5 Celsius hotter than it would otherwise have been. Therefore, even though, fires are common in Greece, climate change has led to even more extreme heatwaves and increased temperatures.

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“A Threat-Multiplier”: EU Warns of Climate Crisis-Fuelled Conflict and Migration 

11 June 2023 – by Cosmo Sanderson

The European Commission has warned its member states to brace for the “spill-over effects” of the climate crisis, setting out a new raft of proposals for dealing with the increased conflict and migration it will cause. 

Rising sea levels, rising temperatures and extreme weather events all “threaten the health and well-being of humanity,” said the Commission in its joint communication last month with the EU’s High Representative for Foreign Affairs and Security Policy, Josep Borrell. 

The Commission and Borrell set out around 30 actions they believe should be taken to prepare member states for the fallout of the climate crisis. These include setting up a data and analysis hub on climate and environment security and launching training platforms at a national and EU level. 

The proposals will strengthen climate-informed planning, they argue, as well as enhancing the climate adaptation and mitigation measures of member states’ security and defence forces. 

The Commission and Borrell have now invited the European Parliament and the European Council to support the “new outlook on the climate and security nexus.”

The paper, published in June, notes that of the 20 countries that are the “most vulnerable and least prepared” for climate change, 12 were in conflict in 2020.

Instability caused by the climate and lack of resources can be actively used by “armed groups and organised crime networks, corrupt or authoritarian regimes,” says the paper. 

Since 2008, an estimated 21.5 million people have been forcibly displaced by weather-related events such as floods and heatwaves every year. These numbers are expected to increase, says the paper, “putting stress” on urban centres where demand for housing, food and jobs may rise – contributing to the “increasing social impacts of climate change.”

Sea-level rise, which UN secretary general António Guterres recently warned could lead to migration on a “biblical” scale, is also labelled a security risk due to the “scale of potential displacement.” 

The Commission and Borrell say it is therefore “critically important to continue investing in both climate adaptation and mitigation and in protecting and restoring the environment.”

However, while much is being done in this regard, they say states should prepare themselves for “increased spill-over effects on the European Union.”

The UN special rapporteur on human rights in the context of global warming recently called out the “shocking” number of migrant deaths that take place in Europe and the Mediterranean. He called on countries to help end this by handing humanitarian visas to those displaced by the climate crisis.  

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Climate Migrants Must Get Visas to Stop “Shocking” Number of Deaths in EU, Says UN Expert

11 July 2023 – by Cosmo Sanderson

In the wake of the latest catastrophic sinking of a migrant boat in the Mediterranean, a UN expert has called on countries to stop the “shocking” number of migrant deaths in Europe by providing humanitarian visas to those displaced by the climate crisis.  

The international community “must realise its responsibility” to protect people displaced by global warming, says Ian Fry, UN special rapporteur on human rights in the context of climate change.

Fry last month issued a report calling on the UN’s Human Rights Council to submit a resolution to the UN General Assembly, urging it to develop a protocol under a 1951 refugee convention to bolster protections for people affected by the climate crisis. 

Until then, he urged all nations to pass laws providing “humanitarian visas” to people displaced by the climate crisis as an “interim measure.”

“The effects of climate change are becoming more severe, and the number of people displaced across international borders is rapidly increasing,” says Fry, a dual national of Tuvalu and Australia who the UN last year appointed as its first special rapporteur on the promotion and protection of human rights in the context of climate change.

In 2020 alone, 30.7 million people were displaced due to weather-related events, says Fry in his report. Droughts, such as that currently gripping the Horn of Africa, which has resulted in the displacement of over two million people, were said to be the “main factor.”

People displaced by climate change face multiple human rights violations including of their rights to “food, water, sanitation, housing, health, education and, for some, their right to life,” says Fry. “We must take immediate steps to give legal protection to these people.”

Among the most recent to pay the ultimate price for trying to seek a better life in Europe were around 600 people who are either confirmed or presumed dead after their overcrowded fishing vessel sank off the coast of Greece in June. 

Fry says it is “shocking” to note that, of an estimated 50,000 migrants to have lost their lives or gone missing crossing land and sea borders between 2014 to 2022, “more than half of those deaths occurred on routes to and within Europe, including in the Mediterranean Sea.”

One recent study found that the climate crisis could within decades push billions of people into living in “unprecedented” heat unsuitable for human survival, acting as a massive catalyst for further displacement. UN secretary general António Guterres recently warned that sea level rise alone could lead to migration on a “biblical” scale.

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World Sees Hottest Day on Record Twice in One Week

6 July 2023 – by Cosmo Sanderson

Earth experienced its warmest average temperature since records began on Tuesday, hot on the heels of the 17C mark being broken for the first time on Monday. 

The new record set on Tuesday saw the average global temperature reach 17.18C (62.9F). That level of heat remained steady on Wednesday. 

The world had only breached the 17C mark for the first time on Monday, when the global average hit 17.01C (62.62F). The previous record was 16.92C (62.46F), set in August 2016. 

That means that the three hottest days globally since instrumental recordings began at the end of the 19th century have all been this week. They are believed to be the hottest for at least 125,000 years, when there was an unusually warm period between two ice ages.

The data, a combination of surface, air balloon and satellite readings, was compiled by the US National Centers for Environmental Prediction. Scientists at the University of Maine’s Climate Change Institute analysed the readings to determine the global average.

The thick black line represents temperatures recorded in 2023 and the orange line temperatures in 2022. The black dotted line shows average temperatures from 1979 to 2000. Annual temperatures from 1979 to 2021 appear in light grey (Source: Climate Change Institute, The University of Maine)

Myles Allen, a professor of geosystem science at Oxford University, told the Washington Post that the record-breaking week was due to a “triple whammy” of factors. 

One of these is human-driven global warming, which has already pushed temperatures to 1.25C (2.25F) above the pre-industrial average.

Another is the return of El Niño, a global weather phenomenon that sees the atmosphere trap more heat than usual. Scientists recently declared that El Niño has returned for the first time in four years. 

These factors have combined with natural variation in the annual temperature cycle, which sees the hottest average global temperatures around the end of July. Scientists therefore predict there will likely be hotter days still in the coming weeks. 

The new records come as various countries and regions have experienced sweltering heat. North Africa has seen temperatures nearing an eye-watering 50C, while China has been suffering heatwave conditions of over 35C. 

A recent Mediterranean heatwave was chalked up to global warming. A heat dome in the southern US has killed at least a dozen people, while the UK saw its hottest June on record. 

A study published in May found that the climate crisis could within decades push billions of people into living in “unprecedented” heat unsuitable for human survival. The heat will also accelerate the melting of ice caps and the resulting rise in sea levels, which United Nations secretary general António Guterres recently warned could lead to migration on a “biblical” scale.

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Wildfires Ravage Eastern Canada Amidst Political Gridlock

bird's view of tall trees covered with smokes

13 June 2023 – By Willy Phillips

Canada is on track to have the deadliest year of fires to date, and the question of how to move forward is largely unanswered.

Eastern Canada has experienced the worst season of wildfires to date. With over 400 burns since the fire season began in May, the 43,000 sq km of burned area may only be the beginning. So far,  15,000 people have been displaced within the past two weeks, bringing the total displacements this year up to 100,000. Many more risk the same fate as fire season has just begun and extends into late October.

The atmospheric impacts of the fires have been far reaching as apocalyptic-like haze has become commonplace along the east coast, stretching 700 miles south into North Carolina. Major league baseball games, flights within the US, and many outdoor activities within this international stretch of land have been canceled or delayed as hopes for blue summer skies dwindle.

Multiple factors have contributed to these fires, mainly a buildup of dry brush within forests, a lack of controlled burns, higher-than-average temperatures, and low rainfall levels. While climate change is not entirely responsible for record-setting burns, it has played a significant role in creating ideal fire conditions, setting the scene for more devastating and uncontrollable fires. 

The United States and other countries have provided over 600 additional personnel and various resources to aid the Canadian Government. Internally, response teams are stretched to their limits as the fires crawl insidiously and sporadically along their path. Fire crews have reportedly been working 12-18 hour shifts to limit the damage done to residential and wilderness areas.

The Canadian House of Commons has been filled with intense debate and finger-pointing as a response to the fires. No consensus has been reached for a preventative solution as both sides remain in a deadlock and have passed the blame onto one another. Prime Minister Justin Trudeau has publicly criticized the opposition Conservative Party for blocking progress in the climate sector. Similarly, Trudeau has been called out for his approval of new extraction plans and subsidies given to the fossil fuel industry.

While politics has clouded the situation, the need for improved fire prevention and management strategies has become apparent. For Canadian citizens, a new approach to fire management is paramount. Katrina Moser, Western University’s geography and environment department head, has made clear the answer does not lie in political blaming but rather in concrete and unifying action. “Scientists have been warning us about this for years,” said Moser. “Everybody should be working on reducing fossil fuel emissions. That’s the critical thing: these fires are telling us something. We really need to take action right now. We need to get serious about reducing fossil fuel emissions.”

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Fossil Fuel Firms Owe US$23 Trillion in Climate Reparations, Says Study

9 June 2023 – by Cosmo Sanderson

Fossil fuel producers owe a staggering US$23 trillion in climate reparations, according to a new study, which argues that climate migrants should be among the first to benefit from the “tainted wealth” of the world’s largest polluters. 

Energy giants such as Saudi Aramco and ExxonMobil have for decades been “complicit” in thwarting efforts to avert climate catastrophe, the study argues. Now they have a “moral responsibility” to pay compensation to those most affected by the harm caused.  

The study says that almost a quarter of this monumental debt, US$5.4 trillion, lies at the feet of the top 21 producers, who should together pay US$209 billion a year to wipe their climate slate clean. 

The recently released study was written by Italian social scientist and professor Marco Grasso, who last year published a book on holding the oil industry to account for the climate crisis; and Richard Heede, co-founder of the US-based Climate Accountability Institute. 

The study begins by highlighting the fundamental unfairness of global warming and all of the flooding, fires and famine that come with it. An estimated 92% of climate emissions come from the Global North, the study says. And the richest 1% of humanity has caused 15% of all emissions, more than double the 7% caused by the poorest half combined. 

Oil, gas and coal producers are meanwhile accused of “wilfully ignoring foreseeable climate harm,” even successfully delaying action to mitigate it through advertorials, lobbying and political donations. As such, the researchers argue, they must be “held accountable”. 

Based on a survey of 738 economists with climate expertise, the study calculates that human-caused climate change will cause US$99 trillion in damages globally between 2025 and 2050. Of this, US$70 trillion is due to fossil fuels. 

There is no “objective basis” to say who should pay this biblical climate bill between fossil fuel producers, fossil fuel emitters and political authorities, say the researchers. So they split it evenly, with each group to pay a third: US$23.3 trillion. 

Based on the historical emissions of fossil fuel producers, the researchers found that state-owned Saudi Aramco, responsible for a stunning 4.78% of global emissions, has by far the highest bill to pay: US$1.1 trillion. Rounding out the top five are ExxonMobil (US, US$478 billion), Shell (UK, US$424 billion), BP (UK, US$377 billion) and Chevron (US, US$333 billion).  

State-owned fossil fuel producers from less well-off countries, such as Russia’s Gazprom and Mexico’s Pemex, are given discounted bills. State producers in poorer countries such as India, Iran and Venezuela get a free pass entirely. 

The study does not go into detail on who should receive the money, but says that it should “compensate subjects more vulnerable to climate harm such as climate migrants and refugees, Indigenous peoples, racial and ethnic minority communities, people with disabilities, and people who are socially and economically disadvantaged.”

Shell issued a statement saying that the energy system is a result of “society’s choices” over many decades and that “everyone has a role to play” in addressing climate change. “For our part, we are reducing our own emissions and working closely with our customers to help them reduce theirs.”

Kristin Casper, General Counsel at Greenpeace International, said that fossil fuel companies must now “stop drilling and start paying”. 

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Bonaire’s Residents To Launch Legal Action Against The Netherlands

boats on river between trees during daytime

4 June 2023 – by Darina Kalamova

Bonaire is an island located in the southern Caribbean Sea. Due to its small size and low elevation, it is highly susceptible to the negative effects of climate change. These effects encompass flooding, intense rainfall, prolonged periods of high temperatures, as well as the degradation and potential loss of coral reefs.

The Report

In 2022, a shocking study, outlining climate change’s effect on the island, was published. The report revealed how climate-related issues are already impacting the everyday experiences of individuals residing in the Caribbean region and what could happen in the near future if immediate action is not taken. 

Legal Action  

The island became a special Dutch municipality in 2010 and since then the Dutch government has been responsible for implementing any climate measures.

As a result of this and the study from 2022, a group of Bonaire inhabitants,  together with Greenpeace,  has launched legal action against the Dutch government, claiming that it has neglected its duty to safeguard the island against the impacts of climate change.

Citizens fear that climate change will have disastrous consequences for the island’s unique flora and fauna, their health, and livelihoods. The plaintiffs emphasized that the Dutch government should speed up its work on limiting global warming below 1.5 degrees and that emissions from the Netherlands should be reduced to zero by 2040. 

This is not only due to the significant CO2 emissions originating from the European Netherlands, but also because the residents of Bonaire are Dutch citizens, who should be treated as such.  For example, according to Faiza Oulahsen, Head of Climate and Energy at Greenpeace, there are standards against flood risks, dykes, and a lot of policies in the European Netherlands that do not exist in Bonaire.

Government’s Response

As a response, the Dutch government put up a statement pledging to accelerate its efforts. In addition, it recently announced that it would increase its funding to make it easier for the island to access existing energy transition and economic subsidies. However, if the Dutch government does not come up with a long-term solution, the plaintiffs are planning on filing a formal legal challenge and standing trial. The government is given until the end of September to come up with a plan of action. 

A Global Movement For Climate Justice

The Bonaire climate case is part of a global movement for climate justice, spearheaded by coastal and island residents, who despite contributing the least to the climate crisis, are disproportionately bearing the brunt of its effects.  

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EPA Power Diminished in Supreme Court Ruling

blue and white boat on water under white clouds and blue sky during daytime

2 June 2023 – by Willy Phillips

This post covers the recent Supreme Court ruling which limits power of the EPA to regulate water pollution.

In a 5-4 decision last week, the Supreme Court of the United States ruled to limit the power of the Environmental Protection Agency (EPA) in policing water pollution via the Clean Water Act. This decision limits the power of the EPA to set regulations and has raised concerns about the potential risks to valuable ecosystems and national water quality.

The ruling, which stemmed from the Sackett V EPA case in Montana, has narrowed the EPA’s jurisdiction to regulate pollution in wetlands. According to the Supreme Court, the EPA overstepped its authority by expanding the “waters of the United States” definition under the Clean Water Act which was established over 50 years ago. The court’s majority opinion argued that the EPA’s broad interpretation of this term encompassed bodies of water that did not fall within the scope of federal regulation.

Wetlands play a crucial role in supporting diverse ecosystems, acting as natural filters for water, and providing habitat for numerous plant and animal species. This ruling has raised concerns that the reduced authority of the EPA to regulate wetlands could lead to increased pollution and degradation of these valuable ecosystems. Without robust federal oversight, wetlands and their associated ecosystems may be vulnerable to harmful practices such as industrial pollution and unregulated development.

The Supreme Court’s decision has created a fragmented regulatory framework across states. Unlike state lines, wetlands do not have clear borders. As a result, states may adopt varying standards and regulations, creating inconsistencies and gaps in environmental protection, further complicating national efforts to address pollution. Acting as a new precedent, more cases challenging EPA jurisdiction are sure to arise. 

Environmentalists and conservationists have expressed concern about the ruling, highlighting the potential consequences for water quality and biodiversity. They argue that wetlands are vital for maintaining the balance of ecosystems, protecting against floods, and supporting wildlife populations. Justice Elena Kagan led the dissenting opinion, stating the court has unjustly positioned itself as the “national decision-maker on environmental policy.” 

This decision highlights questions about the balance between environmental protection and property rights. Critics of expansive EPA regulations argue that they impose unnecessary burdens on landowners, limiting their ability to utilize their properties for economic purposes. Meanwhile, proponents of the regulations argue environmental matters are the responsibility of the EPA and not the Supreme Court. The ruling essentially reflects a judicial attempt to balance protecting the environment and respecting individual property rights, of which the implications are yet to be realized.