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  • US sets 17% carbon emission reduction target

     

    Senator Wong said Australia would not raise its target above 5 per cent until “global ambitions” became clear, including verifiable reductions from China and India.

    In a letter to UN climate chief Yvo de Boer, US climate envoy Todd Stern said: “The US submission reflects President Obama’s continued commitment to meeting the climate change and clean energy challenge.

    “We expect that all major economies will honour their agreement in Copenhagen to submit their mitigation targets or actions.” he said.

    The summit asked nations to report by January 31 whether they would associate themselves with the accord and join efforts to draft a successor to the Kyoto Protocol, whose legal obligations run out at the end of 2012.

  • Gunns 20 Case Goes to Trial

     

    Bob Brown was being sued for writing to Japanese paper companies (at the time 80 per cent of Tasmania’s woodchip exports went to Japanese paper production) and disputing Gunns claims that their woodchips predominantly come from plantations rather than native forest.

    Dr Frank Nicklason was being sued for writing about the possible health effects of decomposing wood chips in Gunns’ export chip piles.

    Adam Burling, along with the kitchen-building grandmother Lu Geraghty, were accused of orchestrating a blockade to stop logging in their community.

    After much legal wrangling and millions of dollars in costs, cases against 16 of the defendants were dropped. The trial for the remaining four — Burling, Geraghty, Brian Dimmick and the Huon Valley Environment Centre — will begin in the Victorian Supreme Court on Tuesday.

    When corporations take legal action against their detractors, the effects often reach far beyond those sued. The spectre of well-financed litigation is enough to strike fear into the hearts of those who might otherwise add their voices to the chorus of critics. Individuals and whole communities can be silenced, fearing they could be next. For the defendants themselves, time and resources are channelled into their case — and away from their initial concern of public interest.

    Legal co-ordinator for the Wilderness Society and author of Gagged, The Gunns 20 and other law suits, Greg Ogle explains the ramifications of the Gunns 20 case:

    “There were certainly examples of people pulling out of activity protesting Gunns’ pulp mill, and of others being afraid even to put submissions into government assessment processes … The litigation also impacted on public debate simply because of the many hours required to address the case. These were hours which were not available for the defendants to spend on the protection of Tasmania’s forests.”

    The Gunns 20 case sent a chill around the island state and across Bass Strait. With what might be termed “instructive” timing, Gunns announced their proposal for a $2.5 billion pulp mill in the Tamar Valley north of Launceston just days after issuing the 20 writs.

    Although the north of the Tamar is no stranger to industry, the valley is also populated by viticulturists who produce 40 per cent of Tasmania’s cool climate wines. Looking at how the wine industry has responded to the pulp mill — and to the Gunns 20 case — illustrates the ways in which SLAPP suits reach beyond particular defendants.

    Wine and tourism are the Tamar’s chief industries: the 58 kilometre Tamar Valley Wine Route boasts 19 boutique wineries and the Valley has over 40 in total. The area’s mainly owner-operated and family-based tourist ventures — restaurants, cafes, bed and breakfast accommodation — are worth approximately $300 million annually. These businesses are certainly likely to register the effects of the mill.

    It is projected that the mill will pump some 30 billion litres of liquid effluent into Bass Strait each year. And daily, it will release 300 kilograms of particulate air pollution into the Tamar Valley — an output which will include so-called “non condensable gases”, which human nostrils up to 55 kilometres away may mistake for the aroma of rotten eggs. The Tasmanian Government has helpfully exempted the pulp mill from adhering to national air pollution limits.

    Aghast at the potential loss of so much fine wine, the Victorian Sommeliers Association (VSA) wrote to its members about the proposed pulp mill. The VSA also considered orchestrating a boycott against Gunns; alongside their timber interests Gunns also has a stake in Tasmania’s wine industry, owning the labels Tamar Ridge and Devil’s Corner. However, the VSA decided against the boycott. President Ben Edwards said the decision was based less on the likelihood of losing a court case against Gunns, and more on the prospect of being dragged through the courts for years, regardless of the outcome. Edwards said the decision was directly influenced by the Gunns 20 case.

    Another example of the chilling effects of the Gunns 20 case could be evidenced in the pages of the University of Tasmania’s student magazine, Togatus. While the folks who advise us on what red to drink with our tagine may not be renowned for their political activism, student-run publications have a reputation for just that.

    When Wilderness Society volunteer Paul Oosting submitted an article likening Gunn’s description of the pulp mill as “world’s best practice” to Orwell’s ‘newspeak’, Togatus refused to publish it for fear of retaliatory litigation.

    Oosting eventually published his pulp mill article on the Tasmanian Times website. He also got the job of pulp mill campaigner for the Wilderness Society and can be heard frequently on Tasmanian radio vehemently criticising the mill and its owners. Even so, Greg Ogle describes the Togatus episode as bringing home to him the adverse effect the case has had on free speech.

    The Gunns 20 case is the most high profile of a new breed of lawsuits, which direct industrial and commercial law at environmental and community protest, using charges of ‘conspiracy to injure’, ‘hindering trade’ and ‘unlawfully interfering with trade and business’. While some of the alleged actions in the case involved a direct stopping of business, most of their case against the Wilderness Society and Greens politicians were about broader political processes like the lobbying of business and government or making statements to the media.

    Ogle argues that law reform, along the lines of anti-SLAPP legislation in the US, is needed to protect the public’s right to participate in political debate and protest: “Legislation must be framed around a positive right to public participation, not around a question of whether a case is an abuse of process, although outlawing such abuses may be part of the legislation. The right to public participation must be paramount.”

    The Gunns 20 case signals the urgent need for Australian legislators to introduce measures to protect community activism from the wrath of corporations scorned. 

    This is the first in a two-part series on the Gunns 20 and the legal issues surrounding public protest and advocacy. Tomorrow, Liesel will look at the history of Strategic Litigation Against Public Participation suits.

  • Challenging times for climate science

     

    Such predictions, I wrote, “challenge some of global warming orthodoxy’s most cherished beliefs”, including the assertion that the north pole will be ice-free in summer by 2013. Latif told me that this is most unlikely to be realised. His work may not undermine the science of manmade warming, but it does challenge standard media representations of its imminent consequences.

    David Rose

    Oxford

     

    • The flawed prediction that Himalayan glaciers are likely to disappear by 2035 (Report, 21 January), after the leaked emails from UEA, will be further ammunition to the deniers. But they mustn’t get too excited. This is not a lapse in climate science but a failure to implement the rigorous procedures that ensure that only substantiated evidence is published. The IPCC must recover from its embarrassment, get a grip and redouble its efforts to show that the evidence for human-induced climate change is real.

    Nick Reeves

    Chartered Institution of Water and Environmental Management

     

    • If Jackie Ashley (Comment, 25 January) were interested in the Conservative record on green issues she would reflect that without my party’s leadership during this parliament Britain would not have had a Climate Change Act, we would have no feed-in tariffs for microgeneration, no smart meters, and no ban on unabated coal plants. In each case the government was forced to reverse its position to fall in with Conservative policy. It has yet to do so on building a third runway at Heathrow, providing energy efficiency improvements for every home, cutting government energy use by 10% during 2010 and approving carbon capture and storage demonstrations. There is not a single instance of this government being more progressive than the Conservative party on green issues.

    Greg Clark MP

    Shadow secretary of state for energy and climate change

  • $300 cost for meter to measure solar feed

     

    Energy Australia, the largest distributor in NSW, said it would provide the new meters free but people would not start receiving their solar tariff money until they are installed at the customer’s expense.

    ”You need the gross meter to be paid under the gross system,” a spokesman, Anthony O’Brien, said. ”However, we don’t anticipate that anyone will be in that scenario as long as they take the right steps to talk to a licensed electrician and have the meter installed.”

    The new metering equipment had to be imported, leading to the delay.

    “We will have meters that have been configured for the gross payment in stock from mid- to late February,” Mr O’Brien said. “As soon as customers have those meters installed we will be able to pay them 60 cents gross from that date. We’ve been working hard to whittle the transitional time down to enable the customer to get the maximum benefit.”

    Many solar panel customers have contacted the Herald saying that the delay in switching to the gross tariff is costing them money. “I tried in December to get a meter so I could start measuring it, but the people in the industry knew nothing about it,” said Michael Mobbs, who has a six kilowatt solar panel system fitted on his Chippendale home.

    “I’ve been to a couple of energy providers and nobody can get any meters – apparently they’re expected some time before June.”

    Mr Mobbs has a two-way meter, allowing him to take advantage of the transitional net tariff, but has calculated – based on his power consumption – that he will lose $385 in the transitional period before July, not including the cost of getting the meter installed to measure the gross tariff.

    Solar panel installation companies the Herald spoke to said people were holding off from investing in rooftop panels until after July.

    The NSW Greens said the scheme should have featured gross tariff payments from the January 1 start date.

    The Greens MP, John Kaye, said the first six months of the NSW Government’s Solar Bonus Scheme will mean solar households will be stuck on a far lower-paying tariff plan.

    “The NSW Government’s incompetence will cost the renewable energy sector as households delay taking up the scheme until the full gross tariff starts in July.”

    The Government introduced the gross feed-in tariff scheme in November, saying it could mean households earn up to $500 a year from the renewable power they generate.

    The NSW Government said this month that it would move to close a loophole by which electricity utilities could keep crediting customers’ bills, until they changed energy providers, instead of paying them in cash.

  • $270 million spent on doomed Metro Rail Service

     

    The most expensive outlay has been $126 million to buy properties between the city and Rozelle.

    Join our blog: Is it Yes or No to the Metro line?

    Premier Kristina Keneally last week announced that further compulsory land acquisitions had been cancelled ahead of Cabinet and budget committee meetings on whether the $5 billion metro should be ditched once and for all.

     

     

     

    More than $270 million has been poured into a project that exists only in the form of computer animations and an endless stream of press releases.

    The spending so far includes:

    * $123.2 million on property purchases in the CBD;

    * $2.8 million on property purchases in Rozelle;

    * $104 million on stage one between Central and Rozelle;

    * $29 million on stage two between Central and Westmead;

    * $13 million on staffing, administration, offices and other costs;

    * $660,000 on advertising; and

    * $640,000 on preliminary planning, engineering and architecture studies.

    The $146 million spent on what Mr Campbell calls “pre-construction” was spent on design, engineering, technical advice, detailed site investigations, the drilling of boreholes along the route, costing and financial advice, tender and contract management and “strategic studies”.

     

  • Coalition pushes for Population debate.

     

    There was a need for a debate about population growth and the impact it was likely to have on Australia’s carbon footprint, declining housing affordability, traffic congestion, and “overcrowded concrete jungles”.

    “I detect there is a hunger in the electorate for a debate about this issue,” he later told Fairfax Radio Network, adding he had been deluged with emails and letters since first raising the issue.

    The opposition agrees, but has stopped short of supporting Mr Thomson’s call for a population cap of 26 million.

    Nor will it support the MP’s suggestion for a reduction in the skilled migrant intake to 25,000 a year.

    “We’re very happy to have a population policy debate,” opposition immigration spokesman Scott Morrison said.

    “But we have to make sure that when we’re running a migration program we’re ensuring that we’re bringing people into the country who can really make a contribution.”

    When asked to nominate an upper limit to Australia’s population, Mr Morrison said: “At the moment I don’t think we know the answer to that question”.

    The carrying capacity of the nation’s infrastructure and the ability of the environment to sustain a bigger population was not known, he said.

    Mr Thomson also wants overseas students to return to their country of origin for at least two years before they can apply for permanent residency in Australia.

    He repeated his call for the abolition of the baby bonus and limits on family tax benefits for a third and subsequent children.