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Families from 8 countries sue EU over climate change
By Amelie BOTTOLLIER-DEPOIS, with AFP bureaus in Europe
Paris (AFP) May 24, 2018

Climate victims seek justice, in the courtroom and on the street
Paris (AFP) May 24, 2018 - People around the world beset by drought, heatwaves, rising seas and storm surges made worse by global warming are calling for "climate justice," and many are pleading their case in court.

Families from eight nations joined their ranks Thursday when they collectively sued the European Union over the impact of rising temperatures on their livelihoods.

Currently, the EU accounts for about nine percent of global CO2 emissions. Taking into account accumulated emissions since 1850, that share rises to a quarter, second only to the United States (27 percent).

Globally, there are at least 1,000 active legal cases related to climate change, more than two-thirds of them in the United States, according to a recent tally from the Grantham Research Institute on Climate Change and the Environment, in London.

- Concept -

The climate justice movement highlights the fact that if rich nations are overwhelmingly to blame for climate change, it is the poor countries which have been hit first and worst.

The 1992 UN Framework Convention on Climate Change (UNFCCC) recognised that inequality, declaring that developed countries bear a larger responsibility for fixing the problem.

After a climate justice "summit" in The Hague in 2000, a coalition of global non-governmental organisations (NGOs) -- which play a crucial role in chaneling grassroots activism -- adopted 27 principles.

These included the right to not suffer climate change impacts, a moratorium on new fossil fuel exploration, access to affordable and sustainable energy, and the notion that rich nations and industry owe humanity an "ecological debt".

"Climate justice affirms the rights of unborn generations to natural resources, a stable climate and a healthy planet," they declared.

These ideas slowly gravitated from the fringes toward the centre of formal UN negotiations -- and finally into the preamble of the 2015 Paris Agreement, the 196-nation treaty that enjoins the world to cap global warming at "well under" two degrees Celsius (3.6 degrees Fahrenheit), and 1.5 C if feasible.

- Cases -

In parallel to the diplomatic arena, citizens and civic groups also tested the concept's power within a legal framework.

Some plaintiffs have targeted governments, while others have taken on individual companies. A few have made headlines:

- In 2015, a landmark court ruling in the Netherlands ordered the government to slash greenhouse gases by a quarter by 2020. The case was brought by 900 Dutch citizens. The government is appealing.

- In November last year, a German court agreed to hear a Peruvian farmer's case against energy giant RWE over climate change damage in the Andes, a decision hailed by campaigners as a "historic breakthrough". Farmer Saul Luciano Lliuya says that RWE must share in the cost of protecting his hometown Huaraz from a glacier lake overflowing with melting snow and ice.

- Also in 2015, 21 young people sued the US federal government for allegedly violating their constitutional rights by failing to ensure a livable future. A trial date has been set for October.

The judge could decide whether the United States has "violated these fundamental constitutional rights, and, if so, whether to compel the government to come up with a plan to move us from disaster to security," Daniel Galpern, one of the attorneys for the plaintiffs, told AFP.

Ten families from Europe, Kenya, and Fiji have filed suit against the European Union, seeking to limit global warming's threats to their homes and livelihoods, their lawyers said Thursday.

They insist the bloc must do more to limit climate change caused by greenhouse gas emissions, and point to drought, glacier melt, sea level rise and flooding that will only worsen as temperatures rise.

The plaintiffs before the EU's top court, the European Court of Justice are "families living near the coast, families owning forests in Portugal, families in the mountains that see the glaciers melting, families in the north that are affected by permafrost melting," their lawer Roda Verheyen told AFP.

They "are already being impacted by climate change, already incurring damage... and they are saying: 'EU, you have to do what you can to protect us because otherwise our damage will be catastrophical'," Verheyen said.

The claim, nicknamed the "People's Climate Case", is the first of its kind brought against the EU, the group's lawyers said.

Previously, suits were filed against individual governments.

In Paris in 2015, the world's nations agreed to limit average global warming to under two degrees Celsius (3.6 degrees Fahrenheit) over pre-Industrial Revolution levels.

This would be achieved by limiting emissions of planet-warming gases emitted by burning fossil fuels coal, oil and gas.

Under the pact, nations submitted voluntary emissions-cutting pledges. But these are forecast to still leave the planet on track for warming of 3.0 C -- a level scientists warn will entail more frequent super-storms, longer droughts and an island-swallowing rise in the sea level.

The average global temperature has already climbed about 1.0 C, researchers said.

The EU has pledged to reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030.

This goal is inadequate to protect the plaintiffs "fundamental rights such as the right to life, health, property, and occupation," said the Climate Action Network (CAN) lobby group backing the court bid.

- World leader? -

Petru Vlad, a 50-year-old father of three who farms 100 sheep and a dozen cows in the mountains of central Romania, complains about dwindling water supplies due to changing rainfall patterns.

"There is no more water," he told AFP.

And the vegetation his herd feeds on has also changed. "Now there is only grass with tough roots better able to survive the drought," he said.

"Through this case, I am not seeking to be compensated, but mainly to alert the authorities in the EU of the situation," added Armando Carvalho, a Portuguese forester who saw all his trees destroyed by wildfires in 2017.

Wildfires are predicted to become more commonplace as forest cover dries out in an ever warmer world.

"The EU carries responsibility for these issues as a world leader," insisted Carvalho.

The 30-odd plaintiffs want the Luxembourg-based court to compel the European Parliament and EU's executive council of ministers to significantly upgrade a number of emissions-curbing directives.

They also want the court to rule that climate change is a human rights issue, and that the EU "is responsible to protect their rights, also the rights of today's children and future generations," said the CAN.

The plaintiffs include a family from the Italian Alps which has seen ice-based tourism dwindle due to warmer winters, one from a German island disappearing under rising ocean waters, and a group of Sweden's indigenous Sami herders whose reindeer increasingly struggle to find food.

Also in their midst is a family from Kenya affected by heatwaves and desertification, and Fijians plagued by seasonal cyclones and declining fisheries due to coral bleaching.

"Climate change is felt everywhere in the world, there's a global responsiblity," CAN representative Wendel Trio said of the decision to include non-European plaintiffs.

It could be several months before the court announces whether it will hear the case, officially submitted on Wednesday.

German NGO Protect the Planet is carrying the costs of the application.

Climate change: The families taking the EU to task
Paris (AFP) May 24, 2018 - Ten families and a group of reindeer-herding youngsters have filed suit against the European Union, seeking stronger measures against the global warming they say is already harming their livelihoods.

From eight countries, in Europe and beyond, the group have an eclectic mix of stories.

- Losing lavender -

In the countryside of southeast France, the Feschet family have been farming lavender for three generations.

But regional warming of about half-a-degree Celsius (0.9 degrees Fahrenheit) per decade since 1950, is taking its toll on the fragrant plants.

"These last 15 years there have been climate complications unlike any we have seen before -- micro tornados, torrential rains of 120 millimetres (4.7 inches) in two hours, and last year a five-month drought that really damaged our plantation," 72-year-old Maurice Feschet told AFP.

His son Renaud, who now runs the business, saw his income shrink by about 44 percent from 2009 to 2016.

"There was a drought one year, followed by flooding the next, then spring frost," said the retired Feschet.

"Things have become untenable... My son wonders whether he will be able to continue this as a career and as for the grandson taking over, we don't even talk about that."

- Goat herders' anguish -

The Guyo family herds goats in northern Kenya, near the Ethiopian border. More frequent and extreme heatwaves, they say, have affected their five children's health and education.

Increasingly, the mercury soars above 40 degrees Celsius (104 degrees Fahrenheit) -- too hot for the four oldest to walk the 1.5 kilometres (0.93 miles) to school.

"We face more and more extreme heat in our region. This threatens our lives on several levels," said Roba Guyo, the father of the family.

"Water is missing for herding and drinking -- most importantly my children's health is in danger."

The youngsters experience skin rashes and headaches, he said, and are often tired as it is too hot to sleep.

- Hungry reindeer -

In the Arctic, climate change threatens the traditional life of the Sami people who have been raising reindeer in parts of Sweden, Norway, Finland and Russia for generations.

Almost all winters since 1989 have been warmer than average, according to representatives of the "People's Climate Case" filed before the European Court of Justice with the support of climate lobby groups and researchers.

Reindeer feed on lichen and moss that grow under the snow. But milder winters cause the snow to melt and refreeze, covering the animals' feeding ground with a hard, frozen layer.

"If we lose the reindeer, the Sami culture will be lost," said 22-year-old Sanna Vannar, who leads a Swedish group called Saminuorra, or Young Samis.

"Many of the Sami youth want to be reindeer herders, but they cannot see a future."

- Too hot for honey -

Ildebrando Conceicao's family has kept bees in central Portugal for decades, making a living from honey, pollen, propolis, and wax.

With warmer winters, pests that would normally be dormant now attack the hives at their most vulnerable. And in summer, temperatures can soar above 40 C, melting the honeycombs.

"Today, we don't have four seasons anymore, only winter and summer," lamented Conceicao.

"This situation is disturbing the work of the bees... The decrease in honey production... has reduced my family's economic income."

Production in 2017 declined by almost 60 percent, and the family business is on the verge of becoming unprofitable.

- Dwindling ice -

In the Gran Paradiso National Park in the Italian Alps, the Elter family runs a small hotel that relies heavily on visiting ice climbers from around the world.

Glaciers are not only an important reserve of freshwater, but also "our only income during the winter season," said Giorgio Elter. But higher temperatures make ice-climbing dangerous and drives fans of the sport elsewhere.

"For us, this legal action is very important to raise awareness among our decision makers and supra-national institutions on the need to take more radical actions and measures to stop these impacts before they become irreversible and it is too late for all of us," he said.


Related Links
Climate Science News - Modeling, Mitigation Adaptation


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A team of researchers believe that, paradoxically, climate change may result in Quebec's national and provincial parks becoming biodiversity refuges of continental importance as the variety of species present there increases. They used ecological niche modeling to calculate potential changes in the presence of 529 species in about 1/3 of the protected areas in southern Quebec almost all of which were under 50 km2 in size. Their results suggest that fifty - eighty years from now (between 2071-2100) ... read more

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