Nova Scotia launches public consultation for Coastal Protection regulations

Recognizing the dangers of rising sea levels to their 13,000 km coastline, the government of Nova Scotia passed a Coastal Protection Act in 2019.  On July 15 2021, two days before dissolving the Legislature and calling a general election, the provincial government launched a new public consultation on the Regulations, which, once passed, will enable the Act to come into force. Without duplicating the federal and municipal regulations which also exist to protect the coast, the proposed provincial regulations will define the “Coastal Protection Zone” where the act will apply; ensure that any construction on submerged Crown land (such as wharfs, infilling and shoreline protections ) are designed, constructed, and/or situated where disruption of valuable coastal ecosystems is minimized. The Regulations will also apply to construction on private or public land (homes, cottages, commercial or industrial buildings), to minimize risk from sea level rise, coastal flooding and erosion.  The consultation will run from July 15,  and will continue until Sept. 17. Documentation is available at  https://novascotia.ca/coast/.

This follows another public consultation process regarding the province’s GHG emissions reduction targets, which closed on July 26. Voting in the Nova Scotia election is scheduled for August 17, 2021.

Australian unions advocating for Just Transition, economic recovery, and decent jobs in renewables

As Australia endures more record-breaking heat in its current summer season, the Climate Council released a report in January:  Hitting Home: the Compounding Costs of Climate Inaction, which catalogues the natural disasters and their toll on the country.  New Climate Change legislation was introduced in November 2020 which would legislate a net zero emissions target by 2050 and establish a system of emissions budgeting.  A Parliamentary House committee has just concluded public hearings on the legislation, to which the Australian Council of Trade Unions (ACTU) submitted a brief:  No-one left behind: Australia’s transition to zero emissions . The ACTU chiefly calls for improved supports for workers in an energy transition, and the establishment of a national Just Transition or Energy Transition Authority . (The ACTU passed a more  detailed climate and energy transition policy statement in 2018  )

In November 2020, the ACTU also published Sharing the benefits with workers: A decent jobs agenda for the renewable energy industry, which provides an overview of the renewable energy sector in Australia, and features both best and worst workplace practices. The report proposes an agenda to improve the quality of jobs, with special attention to the small-scale solar industry. “Particular attention is paid to the current practice of outsourcing construction of renewable energy projects to labour hire contractors, which is where many of the poor employment practices occur, and to ensuring project developers are maximising local job creation through procurement, hiring and local content planning.”  

In August, the Victoria Trades Hall Council, released Transition from Crisis: Victoria Trades Hall Council’s Just Transition & Economic Recovery Strategy  which links climate change and Covid-19 in words that could apply in any country:

“….The scale of the fiscal response to COVID-19 shows that, when a government takes a problem seriously and commits to dealing with it, the finances to get the problem fixed can be found and the spending is supported by the general population. The implications for action on climate change are obvious. …..The trauma, disruption and dislocation caused by COVID-19 are unprecedented outside of war time. The response, with its restrictions of civil liberties and suppression of economic activity, has been necessary, proportionate to the threat, and largely accepted by the population. The deep irony is that acting proportionately to deal with climate change would require none of those infringements of liberties and would produce an economic transformation that would leave Victorians better off. Hence this strategy is not simply for a just transition but for an economic recovery and the reconstruction of Victoria. In the period of recovery, after COVID-19 has been brought under control, we must learn the lessons from the virus response, continue to mobilise the resources we need, build on the incredible growth in community spirit and mutual aid, and get to work to deal with climate change with a determination that is based on hope and necessary action for a better world. “

The Transition from Crisis report has many purposes, but ultimately it is a comprehensive discussion of policy ideas to help the transition to a socially just and sustainable society, with workers at the centre.  The strategy is built on eleven principles, which include inclusion of First Nations, gender equality, social equity, and new energy ownership models, among others.  The report discusses the many ways in which unions can advocate for climate change action and protect their members: through participation in tri-partite industrial planning,  training and retraining, occupational health and safety protection, collective bargaining, and union networking and cooperation. Regarding union cooperation for example,  the VTHC pledges “to participate in, or establish if needed, national and state level just transitions committees to formulate policies around just transition, provide support to individual unions, engage with state climate and environment organisations, and provide a conduit into national-level decision making.”

Lawyers fighting for climate change through litigation and legislative reform

Global Trends in Climate Litigation:  2020 Snapshot, published on July 3, is the latest annual review by researchers at the Grantham Institute in the U.K. .It covers the period of May 2019 to May 2020, reporting on the statistics (e.g  26 new climate change cases brought outside the U.S. in 2019), and analyzing trends in the strategies and types of arguments used in climate litigation. The report particularly focuses on the role of human rights arguments (as pioneered in the Urgenda case, but also used in many of the youth-led court challenges); how litigation has been blended with direct protesting in some countries; and the variety of strategies being used to bring lawsuits against corporate emitters of greenhouse gases, the ‘Carbon Majors”.  Although the report concludes that litigation has not resulted in widespread climate policy change so far, it discusses key developments such as the final resolution of the Urgenda case in December 2019, which demonstrates the enormous potential of litigation: “Depending on the lawsuit and strategies employed, litigation might impact on government policy, company profits, share prices and broader public framings around climate change. However, litigation as a governance strategy is costly and risky, and it takes place alongside other political and social mobilisation efforts.”  A summary of the Grantham study appeared in The Energy Mix (August 24), headlined: “Litigation drives global policy change on climate, study shows”. A related academic analysis is available as an NBER Working Paper:  Eskander, Fankhauser, and Setzer . “Global Lessons from Climate Change Legislation and Litigation”  a paper presented at the  2nd Annual NBER Environmental and Energy Policy and the Economy Conference, June 2020.

The Global Trends 2020 Snapshot report is based on two publicly available databases of case law and legal documents: Climate Change Laws of the World database maintained by the Grantham Institute in the U.K. (with 374 court cases in 36 countries, including 23 from Canada but excluding the U.S.; and the Climate Case Chart database maintained by the Sabin Center at Columbia University in the U.S. (featuring 1,213 U.S. climate lawsuits). The Sabin Center also maintains a smaller database of non-U.S. cases, which includes 24 Canadian cases. 

Advocating for Legislative Reform:

As noted in the Grantham 2020 Snapshot report, 80% of global climate litigation occurs in the United States. In addition to litigation, Canadian legal activists also focus on legislative reform: for example, West Coast Environmental Law, Ecojustice, Équiterre, working with Climate Action Network Canada, Environmental Defence and the Pembina Institute released their latest proposals for climate accountability, in the form of a June report, A New Canadian Climate Accountability Act: Building the legal foundation to achieve net-zero emissions by 2050. It proposes five “pillars” for a new statute that would include. long-term, ambitious GHG reduction targets for 2030 and 2050; 5-year carbon budgets; 5-year impact reports tabled before Parliament to assess the risks of current and predicted climate impacts; and an arm’s-length expert climate advisory committee to monitor and report on progress. The recently-formed Canadian Institute for Climate Choices supported this goal with its own report in June, Marking the Way: How Legislating Climate Milestones Clarifies Pathways to Long-Term Goal . The press release provides a summary of the report; it is accompanied by case studies of the existing climate accountability legislation in the provinces of British Columbia and Manitoba, as well as the U.K and New Zealand, considered model jurisdictions.

U.S. Lawyers offer Model Laws for Decarbonization:

In 2019 Legal Pathways to Deep Decarbonization in the United States was published by the Washington-based Environmental Law Institute, in which 59 legal experts offer over 1,000 recommendations for federal, state, local and private action to drastically reduce fossil fuel use and greenhouse gas emissions in the U.S. A  161-page Summary of Legal Pathways was published in an effort to take the message outside the “expert” community – besides succinct summaries of the recommended legal changes, it includes an index by actor – providing recommendations for action by “Companies, Associations, NGOs, and Other Private Entities”. Now, a new website seeks to enable more activism: the Legal Pathways to Deep Decarbonization website, hosted by the Sabin Center for Climate Change Law at Columbia University and the Commonwealth Law School of Widener University, with provides a compilation of actual laws, and model laws drafted and peer-reviewed pro bono by volunteer lawyers. All can be downloaded and customized for other jurisdictions. Some examples: regarding energy efficiency in buildings: the existing St. Louis’ Building Energy Performance Standard 2020. So far, model laws posted on the website deal chiefly with green transportation, for example:  Legislation Mandating Consideration of Greenhouse Gas Reduction as Part of Metropolitan Transportation Planning.  For more on this project, read “Lawyers wanted to help decarbonize the U.S. economy” in Resilience (August 27)   .