Polluting firms must factor in climate litigation risk, says Dr. Friederike Otto

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Polluting firms must factor in climate litigation risk, says Dr. Friederike Otto


“It’s the beginning of the end,” the U.N. Climate Change’s Chief, Simon Stiell, introduced in the closing minutes of COP28 in Dubai, whereas admitting that it didn’t “fully turn the page on the fossil fuel era.”

The main fossil fuel-producing and burning nations are usually not obliged to start out chopping emissions instantly. But huge polluters, each firms and nations, are being more and more held to account. This is being seen in two comparatively new areas in a warming world. These are loss and damages as a result of impact of climate change (the climate convention noticed a breakthrough with the operationalisation of a Loss and Damages fund to which $792 million have been pledged and extra anticipated) and climate litigation. 

Connecting monetary losses to climate change is a brand new science of attribution of climate occasions and one among its pioneers, Friederike Otto, was at COP28. In an interview to this author, Dr. Otto stated, “If we hadn’t done attribution at the scale we are doing and so many studies, we would probably not have Loss and Damage as set prominently now in the negotiations, because when we started doing this work, it was still that people said, oh, you can’t attribute individual weather events to climate change. We have shown again and again and again that you can. And, I think that that has played an important role to make Loss and Damages more prominent.”

Dr. Otto’s areas of specialisation and work are speedy climate attribution, which suggests to determine how a lot excessive climate was made extra doubtless due to international warming; presently, the worldwide common temperature is about 1.2° celsius hotter than the pre-industrial instances. For occasion, Dr. Otto’s group, World Weather Attribution (WWA), discovered April 2023’s heatwave in India and Bangladesh to be 30 instances extra doubtless attributable to human-induced climate change. Dr. Otto has been recognised for her work in 2021 by the Time journal’s checklist of 100 of the world’s most influential people and by the journal Nature as one of many prime 10 individuals who made a distinction to science the identical 12 months. 

Little contributions

Calling for a job drive to pin accountability, Dr. Otto factors out that main polluters and producers of fossil fuels have given little to the brand new Loss and Damages fund. Germany and hosts, UAE pledged $100 million every and the largest historic polluter, the United States, simply $17.5 million. 

“If we had a task force on impacts, then, the methods that we have developed in attribution would obviously play a big role in how we could measure this. Because, at the moment, we have the situation that we have a loss and damage fund, and then a country like the UAE or Germany puts $100 million in and celebrates themselves [on] how generous and amazing they are. But, when you would actually look at the comprehensive assessment of the losses that we have and that are [there] because of climate change, you would see that that is way too little money to get anywhere near what climate change is actually costing. So, just as an example, the Pakistan floods last year alone cost $40 billion, and that was one event.”

An evaluation of over 100 climate-change lawsuits discovered {that a} submitting or unfavourable court docket decisi n decreased a agency’s worth by 0.41%. Lawsuits have been filed in opposition to huge polluters, so-called ‘carbon majors,’ together with Exxon, Shell and Volkswagen. The report says litigation is on the rise and is right here to remain.

One of probably the most high-profile instances of climate litigation is of a Peruvian farmer, Saul Luciano Lliuya, who, since 2015, has been preventing German vitality main, RWE, backed by a German NGO in a German court docket over 10,000 kms away. Mr. Lliuya’s case is that international warming is inflicting the snow in the Andes vary to soften sooner, increasing a glacial lake which, in flip, might flood his farm and village beneath that. The native authorities need to construct a dam and Mr. Lliuya desires RWE to pay its share 0.47% which, analysis has proven, is the vitality agency’s contribution to international industrial emission of greenhouse gases between 1854 and 2010. A court docket admitted his case to trial and two judges even travelled to Peru for a research. The fee he’s looking for is just about $20,000 nevertheless it might open the floodgates for such claims in opposition to heavily-polluting companies. 

Dr. Otto says if the Peruvian farmer wins, then it may very well be a turning level for companies to understand the litigation danger. “I don’t think we see yet that they perceive litigation risk as a real risk. I hope if this RWE case will be successful, that would be a big step.”

Ideally, the pioneering climate attribution scientist believes that companies ought to use climate attribution science “in the best possible way. They could realise, oh, we need to change our business model and stop trying to dig out every last bit of coal and oil and make money.”

Dr. Otto’s crew at WWA for speedy attribution has 5 full-time members they usually can examine nearly two excessive climate occasions a month. They use statistical and climate modelling to do that, sourcing computational energy from companions. She says there’s a must scale up this science the world over and governments can mandate their meteorological providers or different establishments to take action, relatively than by a “handful of random scientists.”

“That would be important for it to be really useful to inform how much funding is needed for loss and damage. And, I think, legal assistance is something that we can already do because that is much more there is really much more about transparency.”

At a facet occasion at COP28, Dr. Otto spoke together with fellow scientists on the necessity to simplify the science for a bigger viewers, and clarify how climate change impacts a person and her household. While the panel of specialists stated the demand for them to work with attorneys was rising, they referred to as for breaking down silos between courts, scientists, policy-makers and communities amongst others. 

But, it’s not concerning the technicalities, Dr. Otto says, and the main target has to vary even at COPs. After all, the 2015 Paris Agreement, she factors out, is about human rights, to not save the polar bear

“The way we talk here at the COP in the negotiations, it’s always on a very technical level, it’s not the ‘why’ we are actually doing this. The Paris Agreement is a human-rights treaty, and by not adhering to the Paris Agreement, we are violating very fundamental human rights of many, many, many millions of people in a fundamental way.”



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