Editor’s notes: “A Washington state city has granted part of the Snohomish River watershed legal rights that can be enforced in court. In nearly all cases, state legislatures heavily lobbied by commercial industries have preempted the laws, rendering them unenforceable. But the Everett initiative could be the first to withstand such a challenge. Democrats, typically more open to stronger environmental protections than Republicans, currently control Washington’s Legislature and governorship.”
Efforts to apply the rights of nature in Ecuador have often failed. Legal challenges can become highly politicised and there is little legal infrastructure beyond general constitutional principles.
For example, in a case brought after road builders had dumped material into the Vilcabamba River, plaintiffs claimed to represent nature in court. However, they were not genuinely advocating for the river’s rights – their main concern was protecting their downstream property.
Ultimately, defending the rights of nature in court will be a struggle if the nature in question – the river, forest or lake – is not represented by someone with an ecocentric perspective. That means prioritising the intrinsic value of nature itself, rather than focusing on how it can serve human interests.
“According to the third Kawa, the people and the river are intrinsically linked, so Te Awa Tupua isn’t merely the river but also includes the surrounding communities — which challenges Western notions of property and human-made law. The relationship between the Iwi and the river goes beyond mere geographical proximity and includes spiritual and affective care for each other.”
Biodiversity is declining at rates unprecedented in human history. This suggests the ways we currently use to manage our natural environment are failing.
Many Indigenous peoples have long emphasised the intrinsic value of nature. In 1972, the late University of Southern California law professor Christopher Stone proposed what then seemed like a whimsical idea: to vest legal rights in natural objects to allow a shift from an anthropocentric to an intrinsic worldview.
Here’s what you need to know about one of the fastest-growing environmental and social movements worldwide—to secure legal rights for ecosystems and other parts of the natural world.
By Katie Surma
April 2, 2025
This article originally appeared on Inside Climate News, a nonprofit, non-partisan news organization that covers climate, energy and the environment. Sign up for their newsletter here.
“Rights of nature” is a movement aimed at advancing the understanding that ecosystems, wildlife and the Earth are living beings with inherent rights to exist, evolve and regenerate.
Legal rights are the highest form of protection in most governance systems. In the United States, humans and non-humans have enforceable legal rights, like corporations’ right to freedom of speech.
At the same time, most legal systems treat nature as rightless property that humans can own, use and destroy. That means the law views sentient species like elephants and bald eagles, as well as life-supporting ecosystems like forests and coral reefs, no differently than objects like microwaves or cars.
For the people behind the rights of nature movement, that way of thinking is deeply flawed. It’s also scientifically inaccurate.
Humans are part of nature and depend on ecosystems for survival—from the food we eat to the water we drink and air we breathe. Evolutionary biology shows that humans share a common ancestor with all other life on Earth. Forests, rivers and other biomes provide conditions for human life to thrive. And humans have always shaped the environment and have been shaped by it.
Understanding this interconnectedness is key to understanding that human flourishing ultimately depends on a healthy Earth. Rights of nature activists say most societies have forgotten that basic truth, harming their own wellbeing—and threatening their very survival—as a result.
When did this forgetting happen? Academics have traced the notion that humans are separate from, and superior to, nature back to Renaissance-era thinkers like René Descartes, who compared animals to machines. The idea is also woven into the Bible’s book of Genesis, with God giving man “dominion” over the Earth. Others point to the advent of cities, when masses of people lost regular contact with nature.
Modern legal systems have been shaped by these developments and ideas, thus institutionalizing the belief that nature is an object, or thing, beneath humans.
“Until the rightless thing receives its rights, we cannot see it as anything but a thing for the use of ‘us’—those who are holding rights at the time,” law professor Christopher Stone wrote in the seminal 1972 law review article, “Should Trees Have Standing?” Stone noted that the law has always evolved to extend rights to new groups: moving from white, property-owning men to include women, people of color and children.
In 2006, a rural, conservative Pennsylvania town plagued by industrial pollution enacted the world’s first rights of nature resolution. Since then, scores of countries—including Ecuador, Spain, Bolivia, Colombia, Panama, India, the United States and Uganda—have had court rulings or enacted laws at the national or subnational level recognizing nature’s rights.
The advocates behind these laws argue that if nature’s rights are respected, humans will benefit.
How Do Rights of Nature Laws Differ From Environmental Regulations?
In the course of human history, environmental law is a relatively young field. In the United States, it largely developed in the late 1960s in response to mass pollution wrought by industrialization. Rivers caught fire, pervasive smog blanketed cities and chemicals like DDT were sprayed indiscriminately.
Policymakers enacted legislation like the Clean Water Act and Toxic Substances Control Act to regulate human activity and limit impacts of industry on human health. Those laws did curtail pollution. But rights of nature advocates argue that those conventional laws haven’t stopped the severe environmental problems we face today, like climate change, biodiversity loss and mass pollution.
Advocates say conventional environmental laws have a central flaw: They’re designed to permit pollution. They only control how much.
Rights of nature laws start from an entirely different place. Ecosystems, wildlife and Earth itself are treated as living beings with inherent rights deserving of the highest form of legal protection. The central concern of rights of nature laws is to maintain and preserve the integrity of ecosystems, requiring governments to take a preventative, rather than a reactionary, approach.
Ecuador’s Constitutional Court has said this mandates government officials to respect what is known as the “precautionary principle,” or the idea that, absent adequate scientific evidence, it is better to avoid certain risks that could lead to irreversible damage of ecosystems.
How Do These Laws Work in Practice?
The laws do not give nature’s rights absolute primacy over all other rights and interests.
No legal right is absolute. A right to free speech ends when that speech is defamatory or incites violence. Judges balance competing rights in the decisions they make every day. Nature’s rights are no different.
Rights of nature jurisprudence is still a young field. Most countries with such laws on the books haven’t had lawsuits attempting to enforce them. It’s also important to note that not all rights of nature laws are the same—there is wide variation in how the laws are written and what rights are recognized.
But Ecuador, which constitutionalized nature’s rights in 2008, has seen dozens of cases. There, Mother Earth, or Pachamama, has a right to “integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions, and evolutionary processes.”
The Ecuadorian Constitution also requires the government to prevent the “extinction of species, the destruction of ecosystems, and the permanent alteration of natural cycles.”
Not all cases have been favorable for ecosystems. Ecuador’s economy is still largely dependent on oil revenues and other extractive industries.
But Ecuadorian courts have ruled in favor of mangroves, cloud forests, rivers, endangered frogs and coastal marine ecosystems, thwarting mining operations, industrial fishing and other nature-damaging activities. In some cases, courts have ordered the government to restore damaged ecosystems. Cases decided in favor of nature usually have a compelling reason for why nature’s rights ought to prevail over competing interests, like a high risk of extinction for certain species.
In the cloud forest case, the Ecuadorian Constitutional Court explained the importance of protecting a sensitive ecosystem from mining impacts, saying: “[T]he risk in this case is not necessarily related to human beings … but to the extinction of species, the destruction of ecosystems or the permanent alteration of natural cycles.”
In deciding these cases, Ecuadorian courts have depended heavily on scientific experts and evidence. Judges have also looked holistically at the health of ecosystems, rather than at piecemeal levels of pollution—a departure from the way courts tend to evaluate conventional environmental laws.
Scientists have come to the forefront of the movement in other ways. In Panama, for instance, marine biologists were instrumental in the passage of that country’s national rights of nature law.
How Are Rights of Nature Laws Enforced?
Trees and wild animals can’t walk into a courtroom and make their case. But rights of nature laws give ecosystems and species the ability to act in their own capacity under the law with help from people, similar to other non-human entities like corporations, business partnerships, ships and nonprofits.
This is done through a longstanding concept called legal personhood. That legal construct is most commonly used to allow businesses to enter into contracts, sue, be sued, own property and, in the case of corporations, limit the liability of its shareholders.
Each of those nonhuman entities is represented by a human guardian. Similar arrangements are used for minors and incapacitated people in court proceedings.
Who Is Behind This Movement?
Indigenous peoples have been at the forefront of the movement in several ways.
The worldviews of many Indigenous cultures—that humans are part of nature and owe responsibilities to other living beings—are foundational for the movement.
Honoring and preserving those worldviews and related knowledge for centuries has been no small thing. Indigenous communities have faced a long, dark history of colonization and other attempts aimed at eradicating their culture and separating them from their territories. Today, people in many Indigenous communities are still harassed, attacked and sometimes killed for defending water and land.
Indigenous peoples have also been behind many of the laws and court rulings advancing the movement. In New Zealand, Māori people fought for a settlement with the national government, resulting in legal personhood for a river, national park and mountains.
It was Ecuador’s strong Indigenous movements that led to the country becoming the first in the world in 2008 to constitutionally recognize Mother Earth’s rights. Ecuador’s Constitutional Court has also drawn on Indigenous knowledge in deciding rights of nature cases.
Bolivia’s Indigenous movements were behind that country’s 2010 and 2012 laws recognizing the rights of Mother Earth. Enforcement of nature’s rights in Bolivia has proved difficult, however.
Across North America, many Indigenous nations have passed rights of nature laws.
And in Peru, a coalition of Indigenous women won rights for the Marañón River ecosystem, a place the oil industry has heavily polluted for decades. The fight for the Marañón River came at great personal cost for Mariluz Canaquiri Murayari, president of Huaynakana Kamatahuara Kana, and other women in the organization, who were harassed and threatened for their advocacy.
What Are the Criticisms of Rights of Nature Laws?
The biggest opposition to the movement has come from industry groups—developers, the industrial agricultural sector and other polluting industries—and politicians aligned with those interests.
Those opponents argue that giving nature a higher level of protection will impede development and lead to an explosion of litigation. In practice, that hasn’t happened. Barriers to pursuing lawsuits, like the high cost of attorney fees, are substantial.
But the laws do threaten the interests of industries and businesses that have made money off extracting from and monetizing the natural world in unsustainable ways.
Some critics of the movement have questioned whether, if nature has rights, it also has duties: Can a river be sued if it floods and harms humans? Rights of nature advocates respond to this by saying that legal rights, duties and liability are always tailored to the entity they are assigned to.
Corporations, for instance, don’t have a right to family. Nature doesn’t have the capacity to act with intent and therefore should not have legal liability for harm it causes, advocates argue.
Another prevalent charge is that the rights of nature movement is an attempt to force human societies to surrender modern comforts and technology. In practice, though, advocates have sought to rebalance human interests with the health of ecosystems by placing better guardrails around human activity, ensuring the integrity and sustainability of Earth is maintained now and into the future. Advocates argue that humanity isn’t harmed by that but benefits instead.
They also say nothing so quickly forces people to surrender modern comforts as a disaster that destroys their homes and communities, and megadisasters are far more common in a warming world.
Pope Francis’ encyclical Laudato Si’, and papal exhortation Laudate Deum, said humans have a moral duty to protect the Earth.
“For ‘we are part of nature, included in it and thus in constant interaction with it,’” Francis wrote in Laudate Deum.
Ecuadorian activists say the country’s constitutional recognition of nature’s rights has made their country more pluralistic by incorporating the worldviews of Indigenous peoples and is changing the way everyday people think about the Earth, their home.
“We now have a whole generation of young people who have grown up only knowing that nature has rights,” Ecuadorian political scientist Natalia Greene told Inside Climate News. “The law has influenced peoples’ understanding of nature and that is very powerful.”
Learn More
Follow our reporting at Inside Climate News. We’re the only newsroom we know of that has a dedicated rights of nature beat. Start here and here.
Books by Indigenous authors and ecocentric thinkers:
Our system of law and government was founded in racial-divisiveness and colonization and is dominated by corporations. The Community Environmental Legal Defense Fund (CELDF) fights to build sustainable communities by assisting people to assert their right to a local self-government system and the Rights of Nature. Fight for a more just, Earth-centered tomorrow, today.
The Global Alliance for the Rights of Nature(GARN) is a global network of organizations and individuals committed to the universal adoption and implementation of legal systems that recognize, respect and enforce “Rights of Nature”
Banner: To protect it from mining and deforestation, Los Cedros cloud forest was awarded the same rights as people.
Editor’s note: “Most people don’t realize that part of gas extraction is a liquid condensate, the origin of plastics, which is being pumped, defying Climate Chaos, via the maze of fracking pipelines to the Gulf Coast, where the US is set on cornering the world plastics market, as well as shipping the LNG gas it has forced on its European vassals.” In a bid to become a world plastics monopoly, Exxon quietly plans to erect a new $8.6 billion plastics plant. The proposal calls for a steam cracker, a facility that uses oil and natural gas to make ethylene and propylene — the chemical building blocks of plastic. “Besides ethylene and propylene, steam crackers produce climate pollution and hazardous chemicals like ammonia, benzene, toluene, and methanol.”
“Where Exxon is going to put their bloody plant is smack-dab in front of [what will be] one of the largest oyster farms in Texas,” said Wilson, who is not convinced that any plastics factory can operate without polluting. She noted that Formosa has already violated its settlement agreement nearly 800 times, racking up over $25 million in fines. “Exxon is going to be exactly like Formosa.”
“We have been cleaning the piss out of [Cox Creek], and this is the very place where Exxon is going to try to put its plastics plant,” Wilson, who lives in nearby Seadrift, said of the facility’s potential location. “You see this nightmare of another plant, trying to do the very same thing.”
A Shrimper’s Crusade Pays Big Dividends on a Remote Stretch of Texas Coastline
Five years after Diane Wilson’s landmark settlement with Formosa Plastics, money flows to “the bay and the fishermen.”
By Dylan Baddour
December 24, 2024
This article originally appeared on Inside Climate News, a nonprofit, non-partisan news organization that covers climate, energy and the environment. Sign up for their newsletter here.
PORT LAVACA, Texas—Few men still fish for a living on the Gulf Coast of Texas. The work is hard and pay is meager. In the hearts of rundown seaside towns, dilapidated harbors barely recall the communities that thrived here generations ago.
But at the docks of Port Lavaca, one group of humble fishermen just got a staggering $20 million to bring back their timeless way of life. They’re buying out the buyer of their catch, starting the largest oyster farm in Texas and dreaming big for the first time in a long time.
“We have a lot of hope,” said Jose Lozano, 46, who docks his oyster boats in Port Lavaca. “Things will get better.”
It’s all thanks to one elder fisherwoman’s longshot crusade against the petrochemical behemoth across the bay, and her historic settlement in 2019. Diane Wilson, a fourth-generation shrimper from the tiny town of Seadrift, took on a $250 billion Taiwanese chemical company, Formosa Plastics Corp., and won a $50 million trust fund, the largest sum ever awarded in a civil suit under the Clean Water Act.
Now, five years later, that money is beginning to flow into some major development projects on this mostly rural and generally overlooked stretch of Texas coastline. Through the largest of them, the Matagorda Bay Fishing Cooperative, formed in February this year, Wilson dreams of rebuilding this community’s relationship with the sea and reviving a lifestyle that flourished here before global markets cratered the seafood industry and local economies shifted to giant chemical plants.
“I refuse to believe it’s a thing of the past,” said Wilson, 76, who lives in a converted barn, down a dirt road, amid a scraggle of mossy oak trees. “We’re going to put money for the fishermen. They’re not going to be destroyed.”
The fishing cooperative has only just begun to spend its $20 million, Wilson said. It’s the largest of dozens of projects funded by her settlement agreement. Others include a marine science summer camp at the Port Lavaca YMCA, a global campaign to document plastic pollution from chemical plants, a $500,000 study of mercury pollution in Lavaca Bay and the $10 million development of a local freshwater lake for public access.
“They are doing some wonderful things,” said Gary Reese, a Calhoun County commissioner. He also received grants from the fund to build a pier and a playground pavilion at other county parks.
The fund resulted from a lawsuit Wilson filed in 2017 under the Clean Water Act, which enables citizens to petition for enforcement of environmental law where state regulators have failed to act. By gathering evidence from her kayak over years, Wilson demonstrated that Formosa had routinely discharged large amounts of plastic pellets into local waterways for decades, violating language in its permits.
These sorts of lawsuits typically result in settlements with companies that fund development projects, said Josh Kratka, managing attorney at the National Environmental Law Center in Boston. But seldom do they come anywhere close to the dollar amount involved in Wilson’s $50 million settlement with Formosa.
“It’s a real outlier in that aspect,” Kratka said.
For example, he said, environmental organizations in Texas sued a Shell oil refinery in Deer Park and won a $5.8 million settlement in 2008 that funded an upgrade of a local district’s school bus fleet and solar panels on local government buildings. In 2009 groups sued a Chevron Phillips chemical plant in Baytown and won a $2 million settlement in 2009 that funded an environmental health clinic for underserved communities.
One reason for the scale of Wilson’s winning, Kratka said, was an unprecedented citizen effort to gather plastic pollution from the bays as evidence in court. While violations of permit limits are typically proven through company self-reporting, Wilson mobilized a small team of volunteers.
“This was done by everyday people in this community, that’s what built the case,” said Erin Gaines, an attorney who previously worked on the case for Texas RioGrande Legal Aid. “This had never been done before, but that doesn’t mean it can’t happen.”
Wilson’s settlement included much more than the initial $50 million payment. Formosa also agreed to clean up its own legacy plastic pollution and has so far spent $32 million doing so, according to case records. And the company committed to discharge no more plastic material from its Point Comfort complex—a standard which had never been applied to any plastics plants across the nation.
“They cannot believe I would do this for the bay and the fishermen. It’s my home and I completely refuse to give it to that company to ruin.”
Formosa consented to regular wastewater testing to verify compliance, and to penalties for violations. Now, three times a week, a specially engineered contraption analyzes the outflows at Formosa. Three times a week, it finds they are full of plastic. And three times a week, Formosa pays a $65,000 penalty into Wilson’s trust fund.
It’s small change for a company that makes about a billion dollars per year at its Point Comfort complex, or $2.7 million per day. To date, those penalty payments have totaled more than $24 million, in addition to the $50 million awarded in 2019.
The money doesn’t belong to Wilson, who has never been rich, and she never touches it. It goes into a fund called the Matagorda Bay Mitigation Trust, which is independently managed.
For the first $50 million, Wilson evaluated grant applications and allocated the money to government entities, registered nonprofits and public universities. Now an independent panel administers the fund.
Many locals who know her story assume that Wilson is rich now, she said. But she never got a penny of the settlement. She was never doing this for the money.
“They cannot believe I would do this for the bay and the fishermen,” she said. “It’s my home and I completely refuse to give it to that company to ruin.”
Formosa also writes grants for community development programs, although none of them approach the size of the Matagorda Bay Mitigation Trust.
In response to a query from Inside Climate News, the company provided a summary of its community spending over 30 years, including $2.4 million on local and regional environmental projects, $2 million for a new Memorial Medical clinic, $2 million to upgrade local water treatment systems, $2 million to an area food bank, $1.3 million for local religious organizations and $1.2 million on scholarships for high school seniors.
The company has contributed $6.3 million for regional roadway improvements, donated 19 houses to the Calhoun County Independent School District and built a classroom in restored wetlands. Its annual employee golf tournament raises $500,000 for United Way charities, and its national headquarters in New Jersey gives $1 million each year to local charities. In Point Comfort it has programs to plant trees, protect bees and restore monarch butterfly habitat.
“Formosa Plastics has always believed in giving back to the community and approximately 30 years ago established education, environmental, medical, religious and scholarship trusts,” the company said in a five-page statement.
Since the 2019 settlement, Formosa has taken steps to address environmental challenges and reduce the environmental impact at its Point Comfort complex, the company said.
Formosa has installed pollution control systems to reduce the release of plastic particles, has partnered with industry experts to develop better filtration methods and is monitoring emerging technologies for opportunities to improve environmental stewardship, it said. The Point Comfort complex has also improved stormwater drainage to reduce plastics in runoff, and is engaging with community advocates to identify sustainable solutions.
“We understand the importance of protecting the environment and the communities where we operate, and we remain steadfast in our commitment to transparency, accountability, and continuous improvement,” the statement said.
The Fishing Way of Life
Wilson fondly recalls the bustling fishing community of her youth in Seadrift, more than 60 years ago. There were hundreds of boats at the docks, surrounded by a town full of mechanics, welders, netmakers and fish houses.
They weren’t rich, Wilson said, but they were free. They answered to no one, except maybe game wardens. They had twilight every morning, the silence of the water, the adventure of the search, the thrill of the catch and a regular intimacy with spirits of the sea, sun, wind and sky.
“You are out there on that bay, facing the elements, making decisions,” Wilson said. “That is as close to nature as you can get.”
Over her life, she watched it all fall apart. There are no fish houses in Seadrift today. Almost all the old businesses were bulldozed or boarded up. Wilson’s own brothers took jobs at the giant petrochemical plants growing onshore. But every day off they spent back on the water.
Most people called her crazy, 30 years ago, when she started complaining about water pollution from Formosa. Powerful interests denounced her and no one defended her.
But Wilson never gave up speaking out against pollution in the bay.
“That bay is alive. She is family and I will fight for her,” Wilson said. “I think everyone else would let her be destroyed.”
Over years of persistent, rambunctious protests targeting Formosa, Wilson began to get calls from employees at the plant, asking to meet secretly in fields, pastures and beer joints to talk about what they’d seen. They told her about vast amounts of plastic dust and pellets washed down drains, and about the wastewater outfalls where it all ended up.
When Wilson started visiting those places, often only accessible by kayak, she began to find the substance for her landmark lawsuit, millions and millions of plastic pellets that filled waterways and marshes.
“Felt like Huck Finn out there, all that exploring,” she said.
In 2017, Wislon filed her petition in federal court, then continued collecting evidence for years before trial. It was the first case over plastic pellet pollution brought under the Clean Water Act, according to Amy Johnson, then a contract attorney with the nonprofit RioGrande Legal Aid and lead attorney for Wilson’s case.
Gathering Nurdles
Down the coast in Port Aransas, a researcher at the University of Texas Marine Science Institute named Jace Tunnell had just launched a project in 2018 to study water pollution from plastics manufacturing plants. At that time, little was known about the scale of releases of plastic pellets, also called nurdles, into the oceans from those industrial facilities.
The Nurdle Patrol, as Tunnell called it, was beginning on a shoestring budget to methodically collect and catalog the nurdles in hopes of getting a better picture of the problem. That’s when Tunnel, a fourth generation Gulf Coast native and a second generation marine scientist, heard about a fisherwoman who was also collecting nurdles up the coast.
He contacted Wilson, who shared her data. But Tunnell didn’t believe it. Wilson claimed to have gathered 30,000 nurdles in 10 minutes. Tunnell would typically collect up to 200 in that time. He drove out to see for himself and found, to his shock, that it was true.
“The nurdles were just pluming up back there,” Tunnell said. “It really was an eye opener for me of how bad Formosa was.”
At that time, Wilson and her small team of volunteers were pulling up huge amounts of plastic from the bay system and logging it as evidence.
In 2019, the case went to trial. At one point, she parked a pickup truck full of damp, stinky plastic outside the federal courthouse and brought the judge out to see. She also cited Nurdle Patrol’s scientific method for gathering pellets as a means to estimate overall discharges in the bay.
“Diane was able to use Nurdle Patrol data in the lawsuit to seal the deal,” Tunnell said.
Later that year, the judge ruled in Wilson’s favor, finding Formosa had violated its permit limits to discharge “trace amounts” of plastics thousands of times over decades.
Formosa opted to negotiate a settlement with Wilson rather than seek a court-ordered penalty. In December 2019, the two parties signed a consent decree outlining their agreement and creating the $50 million Matagorda Bay Mitigation Trust.
Funding Community Projects
Right away, Wilson signed over $1 million to the Nurdle Patrol, which Tunnell used over five years to build an international network with 23,000 volunteers and an online portal with the best data available on plastic nurdles in the oceans. They’ve also provided elementary and high schools with thousands of teaching kits about plastics production and water pollution.
“There’s no accountability for the industries that release this,” Tunnell said as he picked plastic pellets from the sand near his home on North Padre Island in early December. “Of course, Diane kind of changed that.”
The trust’s largest grant programs are still yet to take effect. Wilson allocated $10 million to Calhoun County to develop a 6,400 acre park around Green Lake, the second largest natural lake in Texas, currently inaccessible to the public.
The county will begin taking bids this month to build phase one of the project, which will include walking trails and birding stands, according to county commissioner Reese. Later they’ll build a parking lot and boat ramp.
The county brought this property in 2012 with hopes of making a park, but never had the money. Initially, county officials planned to build an RV park with plenty of pavement. But funding from Wilson’s trust forbade RVs and required a lighter footprint to respect the significant Native American and Civil War campsites identified on the property.
“It’ll be more of a back-to-nature thing,” Reese said. “It’s been a long time coming, we hope to be able to provide a quality facility for the public thanks to Matagorda Mitigation Trust.”
By far, the largest grant from the trust has gone to the fishermen. Wilson allocated $20 million to form a cooperative at the docks of Port Lavaca—an unlikely sum of money for seamen who struggle to feed their families well. Wilson dreamed that this money could help bring back the vanishing lifestyle that she loved.
The Fishermen
Today, most of the remaining commercial fishermen on this Gulf coast come from Mexico and have fished here for decades. It’s hard work without health insurance, retirement plans or guaranteed daily income. But it’s an ancient occupation that has always been available to enterprising people by the sea.
“It’s what we’ve done our whole life,” said Homero Muñoz, 48, a board member of the fishermen’s cooperative, who has worked the Texas coast since he was 19. “This is what we like to do.”
Lately it’s been more difficult than ever, he said. Declining vitality in the bays, widespread reef closures by Texas authorities and opposition from wealthy sportfishing organizations force the commercial fishermen to compete for shrinking oyster populations in small and distant areas. Then, the fishermen have little power to negotiate on low prices for their catch set by a few big regional buyers, who also own most of the dock space. The buyers distribute it at a markup to restaurants and markets across the county.
“There isn’t anyone who helps us,” said Cecilio Ruiz, a 58-year-old father of three who has fished the Texas coast since 1982.
To help the fishermen build a sustainable business, Wilson tapped the Federation of Southern Cooperatives, an organization based in Atlanta originally founded to help Black farmers and landowners form cooperatives in the newly de-segregated South. For FSC, it was an unprecedented offer.
“This is an amazing project, very historic,” said Terence Courtney, director of cooperative development and strategic initiatives at FSC.
Usually, money is the biggest obstacle for producers wanting to form a collectively owned business, Courtney said. He’d never seen a case where a donor put up millions of dollars to make it happen.
“Opportunities like this don’t come around often. I can’t think of another example,” Courtney said. “We saw this as something that history was compelling us to do.”
The Matagorda Bay Fishing Cooperative
In 2020 Courtney started traveling regularly to Port Lavaca, meeting groups of fishermen, assessing their needs, discussing the concept of a cooperative and studying feasibility.
The men, who speak primarily Spanish, had trouble understanding Courtney’s English at first. But they knew someone who could help: Veronica Briceño, the daughter of a late local fisherman known as Captain Ralph. As a child, she translated between English and Spanish around her father’s business and the local docks and harbors.
Briceño, a 40-year-old worker at the county tax appraisal office, was excited to hear about the effort. She’d learned to fish on her grandfather’s boat. Her father left her four boats and she couldn’t bring herself to sell them. She joined FSC as a volunteer translator for the project.
“These men, all they know how to do is really just work,” she said. “They were needing support from someone.”
A year later, FSC hired Briceño as project coordinator. They leased an old bait shop with dock space at the harbor in Port Lavaca and renovated it as an office. Then in February 2024 they officially formed the Matagorda Bay Fishing Cooperative, composed of 37 boat owners with 77 boats that employ up to 230 people.
Now Briceño has a desk at the office where she helps the fishermen with paperwork, permitting and legal questions while coordinating a growing list of contracts as the cooperative begins to spend big money.
Negotiations are underway for the cooperative to purchase a major local seafood buyer, Miller’s Seafood, along with its boats, dock space, processing operations and supply contracts for about $2 million.
“I hope they help carry it on,” said Curtis Miller, 63, the owner of Miller’s Seafood, which was founded by his uncle in the 1960s. “I would like to see them be able to succeed.”
Many of the cooperative members have worked for Miller’s Seafood during the last 40 years, he said. The company handles almost entirely oysters now and provides them wholesale to restaurants on the East Coast, Florida and in Texas.
The cooperative has also leased 60 acres of bay water from the Texas Parks and Wildlife Department to start the largest oyster farm in Texas, a relatively new practice here. FSC is now permitting the project with the Texas General Land Office and the U.S. Army Corps of Engineers.
“That might be the future of the industry,” said Miller. “It might be the next big thing.”
“It Can Be Revived”
At a recent meeting of the cooperative, the members discussed options for a $2.5 million purchase of more than 7,000 oyster cages to install on the new farm. They talked about plans to visit and study a working oyster farm. The cooperative is finalizing a marketing and distribution plan for the farmed oysters.
The project would give two acres to each oysterman to farm, and would finally do away with the frantic race to harvest the few available oyster areas before other boats do. Now, they’ll have a place of their own.
“To have our own farms, liberty to go to our own piece of water,” said Miguel Fierros, 44, a bearded, third-generation fisherman and father of three. “It’s a unique opportunity I don’t think we’ll ever get again.”
Briceño, the project coordinator, hopes that the practice of oyster farming will bring a new generation into the seafood industry here. Neither of her kids plan to make a living on the water like her father or grandfather, who always encouraged the family to find jobs with health insurance and retirement. Now her 21-year-old son works at Formosa, like many of his peers, as a crane operator.
Perhaps this cooperative, with its miraculous $20 million endowment, can realize the dream of a local fishing industry with dignified pay and benefits. If it goes well, Briceño said, maybe her grandkids will be fishermen someday.
“We’re going to get a younger crowd actually interested,” she said.
This project is just getting started. Most of their money still remains to be spent, and the fishermen have many ideas. They would like to buy a boat repair business to service their fleet, as well as a net workshop, and to open more oyster farms.
For Wilson, now an internationally recognized environmental advocate, this all just proves how much can be accomplished by a stubborn country woman with volunteer helpers and non-profit lawyers. Ultimately, she hopes these projects will help rebuild a fishing community and bring back the fishermen’s way of life.
For now, the program is only getting started.
“It can be revived,” Wilson said. “There is a lot of money left.”
Editor’s note: “MMA is methyl methacrylate, a chemical compound that was banned by the FDA in the 1970s for use in nail enhancements due to its potential health hazards,” Hanna says. Celebrity manicurist Julie Kandalec adds, “It’s an ingredient commonly found in acrylic liquids, called monomer.”
One of the easiest ways to check if there is MMA in your acrylic or nail supplies is to check the ingredient list of your products. It should not be listed as an ingredient in any reputable acrylic nail product. A few additional tips include: Smelling a very harsh odor when applying and filing your acrylic nails – some people say it smells like cat urine.
“Mitsubishi Chemical Group (MCG) has concluded a license agreement with SNF Group regarding MCG’s N-vinylformamide (NVF) manufacturing technology. NVF is a raw material of functional polymers. Using the manufacturing technology licensed under this agreement, SNF will start the commercial production of NVF at its new plant in Dunkirk, France as of this June. NVF is a monomer used as a material for papermaking chemicals, water treatment agents, and oil field chemicals.”
Environmental activists claim victory as Mitsubishi scraps $1.3 billion chemical plant in ‘Cancer Alley’
by Tristan Baurick, Verite News New Orleans
Environmental groups are claiming victory after Mitsubishi Chemical Group dropped plans for a $1.3 billion plant in the heart of Louisiana’s industrial corridor.
In the works for more than a decade, the chemical manufacturing complex would have been the largest of its kind in the world, stretching across 77 acres in Geismar, a small Ascension Parish community about 60 miles west of New Orleans. Tokyo-based Mitsubishi cited only economic factors when announcing the cancellation last week, but a recent report on the plant’s feasibility noted that growing community concern about air pollution could also hamper the project’s success.
“The frontline communities are fighting back, causing delays, and that amounts to money being lost,” said Gail LeBoeuf with Inclusive Louisiana, an environmental group focused on the industrial corridor along the Mississippi River known as Cancer Alley.
The nonprofit group Beyond Petrochemical declared the project’s failure a “major victory for the health and safety of Louisianans.”
According to Mitsubishi, the plant could have produced up to 350,000 tons per year of methyl methacrylate, or MMA, a colorless liquid used in the manufacture of plastics and a host of consumer products, including TVs, paint and nail polish.
The plant was expected to be a major polluter, releasing hundreds of tons per year of carbon monoxide, nitrogen oxides, volatile organic compounds and other harmful chemicals, according to its permit information.
Mitsubishi cited rising costs and waning demand for MMA as the reasons for dropping the project. In a statement, the company indicated the plant likely wouldn’t have enough MMA customers to cover “increases in capital investment stemming from inflation and other factors.”
In July, a report on the plant’s viability warned that a global oversupply of MMA and fierce local opposition made the project a “bad bet.”
Conducted by the Institute for Energy Economics and Financial Analysis, the report said that credit agencies are paying more attention to “community sentiment” about petrochemical projects, particularly in Louisiana. In Geismar and other parts of Cancer Alley, there’s a “disproportionately heavy concentration of polluting industrial facilities” and Mitsubishi could become “entangled in a decades-long dispute involving issues of racial inequality and environmental justice,” the IEEFA report said.
Geismar residents are surrounded by about a half-dozen large chemical facilities that emit harmful levels of air pollution. Of the more than 6,000 people who live within the three miles of the planned project site, about 40% are Black or Hispanic, and 20% are considered low-income, according to federal data.
“The air here is already so dirty that the kids can’t play outside anymore,” said Pamela Ambeau, Ascension Parish resident and member of the group Rural Roots Louisiana.
The proposed plant is the latest in a string of failed industrial projects in Cancer Alley. Since 2019, local activism was instrumental in halting the development of two large plastics complexes in St. James Parish and a grain export terminal in St. John the Baptist Parish. All three projects would have been built in historically Black and rural communities.
Mitsubishi’s project had the strong backing of Louisiana political leaders. In 2020, then-Gov. John Bel Edwards, a Democrat, praised the project as a “world-scale” chemical manufacturing facility that would create “quality jobs.”
Louisiana Economic Development predicted the plant would create 125 jobs with an average salary of $100,000 and another 669 “indirect jobs” in the region.
The state agency began courting Mitsubishi in 2016, offering the company worker recruitment and training assistance and a $4 million grant to offset construction costs.
In 2021, Mitsubishi applied for property tax abatement via the state’s Industrial Tax Exemption Program, or ITEP. The tax relief, which Louisiana has granted to several similar projects, was pending the plant’s construction and would have saved the company an estimated $17 million in its first year, according to LED.
The first of a series of project delays began in 2022 due to what Mitsubishi called “market volatilities.”
Mitsubishi appeared to be betting on generous state subsidies “while ignoring the larger financial landscape,” said Tom Sanzillo, author of the IEEFA report.
The combination of sustained market weakness and strong public opposition “erased the potential benefits they are counting on,” he said.
Community Land & Water Coalition (CLWC) on Friday Feb. 14, 2025, filed a demand for a cease and desist after confirming that Eric Pontiff, doing business under the name of Standish Investment Group, LLC, started the work before the legal appeal period expired.
The group’s cease and desist request states:
The Work is destroying the ancestral lands and heritage of the Wampanoag Tribes including destroying potential burial sites, graves, and homesites without an archeological study, without Free Prior Informed Consent and in violation of Article 32 of the United Nations Declaration of the Rights of Indigenous People, the laws of Massachusetts and the Zoning Bylaw.
Photos Above: February 14, 2025, tree clearing has started to cut down ancient trees on sacred Wampanoag Lands at 71 Hedges Pond Road, Cedarville, Plymouth MA.
One of the last remaining hills in the Town, sacred site of the Wampanoag People
The proposed mining site is 33-acres of forested land at 71 Hedges Pond Road. It is one of the last hills not leveled by decades of sand and gravel mining in the Town. The plans show massive excavation that will start at the top of the 150-foot hill and mine about 90 feet deep across the site.
In January 2025, following a recommendation by Plymouth’s Planning Board, the Town’s Director of Inspectional Services issued zoning and building permits to level the 150 foot hill, allegedly preparing the site for a “commercial complex” of large buildings. Over 1,000 letters were sent to the Town demanding that the Director require a special permit under the Town’s Zoning Bylaw. The Town ignored the letters.
The hill and forested land is in an area known as the “Ancient Indian Plantation” and are the ancestral lands of the state’s Native American Wampanoag People.
“We oppose this project and the development of this area on Hedges Pond Road,” said Melissa Ferretti, Chairwoman of the Herring Pond Wampanoag Tribe based in Plymouth, which was called Patuxet by Indigenous People. “This location is an integral part of our original reservation lands known to us as the “Great Lot.” This project threatens to irreversibly damage our ancestral homelands, the heart of our existence and heritage here in Plymouth. The Great Lot holds immense cultural and historic significance for our community and any development would not only harm the land but also disrupt our deep-rooted connection to it. Honoring the sacredness of these grounds is fundamental to our community and culture,” Ferretti stated. In November 2024, Governor Healy issued an Executive Order granting the Tribe state recognition, a major accomplishment.
Speaking at the February 11, 2025 Select Board meeting,Indigenous youth urged the Town to, “At least consider and possibly even invite people from her tribe and other neighboring sister tribes to have discussions about these matters and include them in them.”
At the Select Board meeting Miciah Stasis from the Herring Pond Wampanoag Tribe said, “Our people have been here for thousands of years and our ancestors lay beneath those lands that you are trying to sand mine… If this was anybody else’s grandmother or grandparents that are being dug up right now, there would be an issue.”
“Plymouth officials and the business interests that make up the Plymouth Foundation promote the Town as “America’s Hometown.” They market the Native American and Pilgrim story to the world’s tourists. They profit from the Thanksgiving story but are letting this project destroy that very history without even an archeological or environmental impact study,” said Meg Sheehan, attorney for the petitioners filing the appeal.
The community neighborhood Cedarville Village Steering Committee in a December finding unanimously rejected the “unified complex” plan calling it vague. By claiming a development is a “unified complex,” a sand and gravel company can seek to evade the more stringent special permitting process and proceed without a public hearing.
The February 14, 2025 appeal requires the Zoning Board of Appeals (ZBA) to hold a public hearing on whether to uphold the permits. The hearing will be scheduled in several weeks and is open to the public. In a potential conflict of interest, two members of the ZBA are Directors of the Plymouth Foundation, which received the sand mining permit from the Town.
On another mining project, on March 3, 2025, the Zoning Board of Appeals will hold the second day of a public hearing on a proposal by PA Landers, a regional sand and gravel mining operator, to expand its 100 acre mine and level a hill visible from Route 3 North. This is adjacent to 71 Hedges Pond Road, the subject of the February 14, 2025, legal appeal. The hearing is in the Great Hall, 2nd Floor, 26 Court St., Plymouth, 7 pm.
On Sunday, February 16, 2025 at 7 p.m. the local group CLWC is holding its second public forum on sand and gravel mining in Plymouth.
A state-wide campaign, Stop the Desecration, seeks to raise awareness about the destruction of Native American archeological sites without proper legal reviews.
Editor’s note: When a hurricane like Helene or Milton ravages coastal communities, already-strained first responders face a novel, and growing, threat: the lithium-ion batteries that power electric vehicles, store PV solar, e-bikes, and countless gadgets. When exposed to the salty water of a storm surge or extreme heat, they are at risk of bursting into flames — and taking an entire house with them.
“Anything that’s lithium-ion and exposed to salt water can have an issue,” said Bill Morelli, the fire chief in Seminole, Florida, and the bigger the battery, the greater the threat. That’s what makes EVs especially hazardous. “[The problem] has expanded as they continue to be more and more popular.”
Also petrochemical-based building materials and furnishings have replaced traditional wood, fabric and metal materials in homes worldwide. But plastics are more flammable and release persistent toxic chemicals when burned or exposed to high heat. Over the last 25 years, wildfires have multiplied and intensified due to global warming, and often now jump the wildland-urban interface, burning whole neighborhoods and leaving behind a dangerous toxic home legacy. After the Camp Fire razed Paradise, California, in 2018, water utilities found high levels of volatile organic compounds in drinking water. Similar issues have arisen in places like Boulder County, Colorado, where the Marshall Fire destroyed nearly 1,000 structures in 2021,
“The extreme heatwaves of 2023, which fueled huge wildfires, and severe droughts, also undermined the land’s capacity to soak up atmospheric carbon. This diminished carbon uptake drove atmospheric carbon dioxide levels to new highs, intensifying concerns about accelerating climate change. Widespread wildfires across Canada and droughts in the Amazon in 2023 released about the same amount of carbon to the atmosphere as North America’s total fossil fuel emissions, underscoring the severe impact of climate change on natural ecosystems.”
The following story talks about the Moss Landing fire but there was also a fire that erupted in southeast Missouri at one of world’s largest lithium-ion battery recycling facilities and also in Madison County, Illinois.
Batteries’ toxic gases can cause respiratory, skin and eye problems. Toxic gases from burning lithium-ion batteries can contaminate wildlife such as Monterey Bay’s unique tidal wetland.
This is the fourth fire at the Moss Landing battery storage facility.
Referring to last week’s explosive fire, County Supervisor Glenn Church said, “This is a wake-up call for the industry. If we’re going to move ahead with sustainable energy, we need a safe battery system in place. State of the art safety protocols did not work.”
County officials lifted evacuation orders Friday evening after the U.S. Environmental Protection Agency found “no threat to human health.” Still, Highway 1 remains closed, and health officials in Monterey, San Venito and Santa Cruz counties advise residents to stay indoors, turn off ventilation systems and limit outdoor exposure. Www.ksbw.com provides live updates.
WILDFIRES AND URBAN FIRES
When the Los Angeles fires started January 7, I learned about the differences between wild and urban fires. Wildfires occur in forests or grasslands, fueled by trees or other vegetation. More than 80% of wildfires start by human activities like abandoned cigarettes, campfires and barbeques. Wildfire smoke can penetrate deep into peoples’ lungs and aggravate heart and lung diseases.
Urban fires—conflagrations—are fueled by combustible construction materials including wood framing, plastics, metals, furniture fabric and solar panels (hazardous waste). Because of houses’ flammable contents, urban fires burn extremely hot and generate toxic emissions. High winds and insufficient water supply intensify urban fires. Burning houses emit chemical toxins and generate more heat than burning trees (which, if alive, hold fire-resistant moisture).
INCLUDING LITHIUM-ION BATTERIES IN FIRE RISK ASSESSMENTS
Here’s a question: How do lithium-ion batteries contribute to urban fires?
Like much of the world, Southern California is now dotted with lithium batteries at every telecom cell site (for backup in the event of a power outage); in every electric vehicle, e-bike and hoverboard; in every EV charger; in laptops, tablets and smartphones—and their chargers; in smart utility meters on grid-connected houses and buildings; in off-grid rooftop solar PV systems’ batteries; in battery energy storage systems (BESS) for large-scale solar facilities and wind facilities.
RECOGNIZING THE FIRE RISKS CAUSED BY DRY AND COVERED SOIL
LA has endured eight months without rain. Drought increases fire risk.
Do fire risks also increase when soil can’t absorb and hold water? Soil’s ability to absorb and hold water is one of the Earth’s main cooling mechanisms. How do we reconcile this when we’ve covered land with paved roads, houses, malls, parking lots, data centers and battery storage facilities?
When rebuilding, what policies will ensure that fire’s toxic emissions (to air, soil and groundwater) will not affect future residents and farmers? Given that Governor Newsom has suspended environmental reviews to speed rebuilding in wildfire zones, what will protect residents in rebuilt areas from toxic exposures?
What measures would prevent lithium-ion batteries (at cell sites, in electric vehicles, smart meters, laptops, tablets, smartphones, rooftop solar system batteries, etc.) from catching fire and exploding? Could we prohibit lithium-ion batteries until they’re proven safe and ecologically sound from cradle-to-grave? New Hampshire legislators have introduced an ACT that would allow towns to decline 5G cell sites.
How could rebuilding Los Angeles respect the Earth? To reduce fire risk, support healthy water cycling and increase locally-produced food, could rebuilding policies encourage healthy soil structure?
To provide much-needed affordable housing in LA and elsewhere, would any mansion-owners turn their homes into multiple-family units?
RECONSIDER “SUSTAINABILITY”
Many communities and corporations aim to sustain themselves by installing battery energy storage systems and solar facilities. According to the California Energy Commission, since 2020, battery storage in the state has increased sevenfold—from 1,474 megawatts in 2020 to 10,383 megawatts by mid-2024. One megawatt can power 750 homes.
In New Mexico, AES Corporation has proposed building a 96 MW, 700-acre solar facility with 45 MWs/39 battery containers in Santa Fe County. (Each battery is about 39’ x 10’ x 8’.) Santa Fe’s Green Chamber of Commerce, the Sierra Club’s Rio Grande Chapter, the Global Warming Express and 350 Santa Fe support AES’s project.
Opponents of AES’s facility include the San Marcos Association, the Clean Energy Coalition and Ashley Schannauer (formerly a hearing officer for the state’s Public Regulatory Commission).
I frequently hear people call battery storage, solar PVs, industrial wind and EVs “sustainable.” Looked at from their cradles to their graves, this is simply not true. Mining lithium ravages ecosystems. So does burning coal and trees to make solar panels’ silicon. Refining lithium and making silicon electrically-conductive takes millions of gallons of water, daily. At end-of-life, these technologies are hazardous waste.
Meanwhile, I have many friends with rooftop solar systems and EVs. I would welcome forums about reducing our overall use of energy, water, extractions and international supply chains. I would welcome learning how to live with less.
As survivors of the LA fires, battery fires, Hurricane Helene, Israel’s decimation of Gaza and other catastrophes rebuild, what would communities look like if we considered our technologies’ impacts to ecosystems and public health from their cradles to graves? What would our communities look like if we think, “Ecosystems and public health first?”
Banner Moss Landing battery plant fire, January 16-17, 2025.
MY MISTAKE While writing article I got help from a physicist of fire ignition, an electrical engineer, a forensic fire investigator and an electrician. I also went to the Internet, which informed me that in the event of an outage, cell sites’ power is backed up by lithium-ion batteries. This isn’t totally correct. While 5G small cells primarily use lithium ion batteries, larger cell towers usually backup with lead-acid batteries. I apologize for this error.
Editor’s note: “75 of the world’s largest 114 fossil fuel companies have now made net zero by 2050 commitments, yet not a single fossil fuel company has committed to phasing out oil and gas production by 2050 nor have any committed to ending exploration for new oil and gas fields or halting the extraction of existing reserves.”
“Real Zero, not greenwashed ‘net zero,’ is essential. As the Corporate Accountability report concludes, it’s time to reject the big polluters’ agenda and implement programs that rapidly phase out fossil fuels and truly eliminate greenhouse gas emissions.”
We “obsess” over getting to “Net Zero” yearly CO2 increases in the atmosphere. The Moderates in Climate Science THEORIZE that when this happens, the GMST will IMMEDIATELY stop going up and will level off.
DOES IT LOOK LIKE “NET ZERO” is going to happen?
If your child is born this year, they are likely going to live through +1.5°C of warming by the time they are 25. A fact that is likely going to cause a 40% to 50% drop in the global food supply and a reduction of 2.5 billion — 4 billion in the global population by 2050, at a minimum.
The overshoot myth of bargaining: you can’t keep burning fossil fuels and expect scientists of the future to get us back to 1.5°C
Record breaking fossil fuel production, all time high greenhouse gas emissions and extreme temperatures. Like the proverbial frog in the heating pan of water, we refuse to respond to the climate and ecological crisis with any sense of urgency. Under such circumstances, claims from some that global warming can still be limited to no more than 1.5°C take on a surreal quality.
For example, at the start of 2023’s international climate negotiations in Dubai, conference president, Sultan Al Jaber, boldly stated that 1.5°C was his goal and that his presidency would be guided by a “deep sense of urgency” to limit global temperatures to 1.5°C. He made such lofty promises while planning a massive increase in oil and gas production as CEO of the Abu Dhabi National Oil Company.
We should not be surprised to see such behaviour from the head of a fossil fuel company. But Al Jaber is not an outlier. Scratch at the surface of almost any net zero pledge or policy that claims to be aligned with the 1.5°C goal of the landmark 2015 Paris agreement and you will reveal the same sort of reasoning: we can avoid dangerous climate change without actually doing what this demands – which is to rapidly reduce greenhouse gas emissions from industry, transport, energy (70% of total) and food systems (30% of total), while ramping up energy efficiency.
This is also not surprising given that net zero and even the Paris agreement have been built around the perceived need to keep burning fossil fuels, at least in the short term. Not do so would threaten economic growth, given that fossil fuels still supply over 80% of total global energy. The trillions of dollars of fossil fuel assets at risk with rapid decarbonisation have also served as powerful brakes on climate action.
Overshoot
The way to understand this doublethink: that we can avoid dangerous climate change while continuing to burn fossil fuels – is that it relies on the concept of overshoot. The promise is that we can overshoot past any amount of warming, with the deployment of planetary-scale carbon dioxide removal dragging temperatures back down by the end of the century.
This not only cripples any attempt to limit warming to 1.5°C, but risks catastrophic levels of climate change as it locks us in to energy and material-intensive solutions which for the most part exist only on paper.
To argue that we can safely overshoot 1.5°C, or any amount of warming, is saying the quiet bit out loud: we simply don’t care about the increasing amount of suffering and deaths that will be caused while the recovery is worked on.
Our co-editors commission long-form journalism, working with academics from many different backgrounds who are engaged in projects aimed at tackling societal and scientific challenges.
A key element of overshoot is carbon dioxide removal. This is essentially a time machine – we are told we can turn back the clock of decades of delay by sucking carbon dioxide directly out of the atmosphere. We don’t need rapid decarbonisation now, because in the future we will be able to take back those carbon emissions. If or when that doesn’t work, we are led to believe that even more outlandish geoengineering approaches such as spraying sulphurous compounds into the high atmosphere in an attempt to block out sunlight – which amounts to planetary refrigeration – will save us.
The 2015 Paris agreement was an astonishing accomplishment. The establishment of 1.5°C as being the internationally agreed ceiling for warming was a success for those people and nations most exposed to climate change hazards. We know that every fraction of a degree matters. But at the time, believing warming could really be limited to well below 2°C required a leap of faith when it came to nations and companies putting their shoulder to the wheel of decarbonisation. What has happened instead is that the net zero approach of Paris is becoming detached from reality as it is increasingly relying on science fiction levels of speculative technology.
There is arguably an even bigger problem with the Paris agreement. By framing climate change in terms of temperature, it focuses on the symptoms, not the cause. 1.5°C or any amount of warming is the result of humans changing the energy balance of the climate by increasing the amount of carbon dioxide in the atmosphere. This traps more heat. Changes in the global average temperature is the established way of measuring this increase in heat, but no one experiences this average.
Climate change is dangerous because of weather that affects particular places at particular times. Simply put, this extra heat is making weather more unstable. Unfortunately, having temperature targets makes solar geoengineering seem like a sensible approach because it may lower temperatures. But it does this by not reducing, but increasing our interference in the climate system. Trying to block out the sun in response to increasing carbon emissions is like turning on the air conditioning in response to a house fire.
In 2021 we argued that net zero was a dangerous trap. Three years on and we can see the jaws of this trap beginning to close, with climate policy being increasingly framed in terms of overshoot. The resulting impacts on food and water security, poverty, human health, the destruction of biodiversity and ecosystems will produce intolerable suffering.
The situation demands honesty, and a change of course. If this does not materialise then things are likely to deteriorate, potentially rapidly and in ways that may be impossible to control.
Au revoir Paris
The time has come to accept that climate policy has failed, and that the 2015 landmark Paris agreement is dead. We let it die by pretending that we could both continue to burn fossil fuels and avoid dangerous climate change at the same time. Rather than demand the immediate phase out of fossil fuels, the Paris agreement proposed 22nd-century temperature targets which could be met by balancing the sources and sinks of carbon. Within that ambiguity net zero flourished. And yet apart from the COVID economic shock in 2020, emissions have increased every year since 2015, reaching an all time high in 2023.
Despite there being abundant evidence that climate action makes good economic sense (the cost of inaction vastly exceeds the cost of action), no country strengthened their pledges at the last three COPs (the annual UN international meetings) even though it was clear that the world was on course to sail past 2°C, let alone 1.5°C. The Paris agreement should be producing a 50% reduction in greenhouse gas emissions by 2030, but current policies mean that they are on track to be higher than they are today.
Editor’s note: DGR knows that “renewable” technologies are not sustainable and that the only transition will be to a future that does not include civilization.
We do not deny that significant progress has been made with renewable technologies. Rates of deployment of wind and solar have increased each year for the past 22 years and carbon emissions are going down in some of the richest nations, including the UK and the US. But this is not happening fast enough. A central element of the Paris agreement is that richer nations need to lead decarbonisation efforts to give lower income nations more time to transition away from fossil fuels. Despite some claims to the contrary, the global energy transition is not in full swing. In fact, it hasn’t actually begun because the transition demands a reduction in fossil fuel use. Instead it continues to increase year-on-year.
And so policymakers are turning to overshoot in an attempt to claim that they have a plan to avoid dangerous climate change. A central plank of this approach is that the climate system in the future will continue to function as it does today. This is a reckless assumption.
2023’s warning signs
At the start of 2023, Berkeley Earth, NASA, the UK Met Office, and Carbon Briefpredicted that 2023 would be slightly warmer than the previous year but unlikely to set any records. Twelve months later and all four organisations concluded that 2023 was by some distance the warmest year ever recorded. In fact, between February 2023 and February 2024 the global average temperature warming exceeded the Paris target of 1.5°C.
Currently we cannot fully explain why global temperatures have been so high for the past 18 months. Changes in dust, soot and other aerosols are important, and there are natural processes such as El Niño that will be having an effect.
But it appears that there is still something missing in our current understanding of how the climate is responding to human impacts. This includes changes in the Earth’s vital natural carbon cycle.
Around half of all the carbon dioxide humans have put into the atmosphere over the whole of human history has gone into “carbon sinks” on land and the oceans. We get this carbon removal “for free”, and without it, warming would be much higher. Carbon dioxide from the air dissolves in the oceans (making them more acidic which threatens marine ecosystems). At the same time, increasing carbon dioxide promotes the growth of plants and trees which locks up carbon in their leaves, roots, trunks.
All climate policies and scenarios assume that these natural carbon sinks will continue to remove tens of billions of tons of carbon from the atmosphere each year. There is evidence that land-based carbon sinks, such as forests, removed significantly less carbon in 2023. If natural sinks begin to fail – something they may well do in a warmer world – then the task of lowering global temperatures becomes even harder. The only credible way of limiting warming to any amount, is to stop putting greenhouse gasses into the atmosphere in the first place.
Science fiction solutions
It’s clear that the commitments countries have made to date as part of the Paris agreement will not keep humanity safe while carbon emissions and temperatures continue to break records. Indeed, proposing to spend trillions of dollars over this century to suck carbon dioxide out of the air, or the myriad other ways to hack the climate is an acknowledgement that the world’s largest polluters are not going to curb the burning of fossil fuels.
Over the following years we are going to see climate impacts increase. Lethal heatwaves are going to become more common. Storms and floods are going to become increasingly destructive. More people are going to be displaced from their homes. National and regional harvests will fail. Vast sums of money will need to be spent on efforts to adapt to climate change, and perhaps even more compensating those who are most affected. We are expected to believe that while all this and more unfolds, new technologies that will directly modify the Earth’s atmosphere and energy balance will be successfully deployed.
What’s more, some of these technologies may need to operate for three hundred years in order for the consequences of overshoot to be avoided. Rather than quickly slow down carbon polluting activities and increasing the chances that the Earth system will recover, we are instead going all in on net zero and overshoot in an increasingly desperate hope that untested science fiction solutions will save us from climate breakdown.
We can see the cliff edge rapidly approaching. Rather than slam on the brakes, some people are instead pushing their foot down harder on the accelerator. Their justification for this insanity is that we need to go faster in order to be able to make the jump and land safely on the other side.
We believe that many who advocate for carbon dioxide removal and geoengineering do so in good faith. But they include proposals to refreeze the Arctic by pumping up sea water onto ice sheets to form new layers of ice and snow. These are interesting ideas to research, but there is very little evidence this will have any effect on the Arctic let alone global climate. These are the sorts of knots that people tie themselves up in when they acknowledge the failure of climate policy, but refuse to challenge the fundamental forces behind such failure. They are unwittingly slowing down the only effective action of rapidly phasing out fossil fuels.
That’s because proposals to remove carbon dioxide from the air or geoengineer the climate promise a recovery from overshoot, a recovery that will be delivered by innovation, driven by growth. That this growth is powered by the same fossil fuels that are causing the problem in the first place doesn’t feature in their analysis.
The bottom line here is that the climate system is utterly indifferent to our pledges and promises. It doesn’t care about economic growth. And if we carry on burning fossil fuels then it will not stop changing until the energy balance is restored. By which time millions of people could be dead, with many more facing intolerable suffering.
Major climate tipping points
Even if we assume that carbon removal and even geoengineering technologies can be deployed in time, there is a very large problem with the plan to overshoot 1.5°C and then lower temperatures later: tipping points.
The science of tipping points is rapidly advancing. Late last year one of us (James Dyke) along with over 200 academics from around the world was involved in the production of the Global Tipping Points Report. This was a review of the latest science about where tipping points in the climate system may be, as well as exploring how social systems can undertake rapid change (in the direction that we want) thereby producing positive tipping points. Within the report’s 350 pages is abundant evidence that the overshoot approach is an extraordinarily dangerous gamble with the future of humanity. Some tipping points have the potential to cause global havoc.
The melt of permafrost could release billions of tons of greenhouse gasses into the atmosphere and supercharge human-caused climate change. Fortunately, this seems unlikely under the current warming. Unfortunately, the chance that ocean currents in the North Atlantic could collapse may be much higher than previously thought. If that were to materialise, weather systems across the world, but in particular in Europe and North America, would be thrown into chaos. Beyond 1.5°C, warm water coral reefs are heading towards annihilation. The latest science concludes that by 2°C global reefs would be reduced by 99%. The devastating bleaching event unfolding across the Great Barrier Reef follows multiple mass mortality events. To say we are witnessing one of the world’s greatest biological wonders die is insufficient. We are knowingly killing it.
We may have even already passed some major climate tipping points. The Earth has two great ice sheets, Antarctica, and Greenland. Both are disappearing as a consequence of climate change. Between 2016 and 2020, the Greenland ice sheet lost on average 372 billion tons of ice a year. The current best assessment of when a tipping point could be reached for the Greenland ice sheet is around 1.5°C.
This does not mean that the Greenland ice sheet will suddenly collapse if warming exceeds that level. There is so much ice (some 2,800 trillion tons) that it would take centuries for all of it to melt over which time sea levels would rise seven metres. If global temperatures could be brought back down after a tipping point, then maybe the ice sheet could be stabilised. We just cannot say with any certainty that such a recovery would be possible. While we struggle with the science, 30 million tons of ice is melting across Greenland every hour on average.
Ice sheets in Greenland and Antarctica are being affected by global warming. Pexels from Pixabay, CC BY
The take home message from research on these and other tipping points is that further warming accelerates us towards catastrophe. Important science, but is anyone listening?
It’s five minutes to midnight…again
We know we must urgently act on climate change because we are repeatedly told that time is running out. In 2015, Professor Jeffrey Sachs, the UN special adviser and director of The Earth Institute, declared:
The time has finally arrived – we’ve been talking about these six months for many years but we’re now here. This is certainly our generation’s best chance to get on track.
In 2019 (then) Prince Charles gave a speech in which he said: “I am firmly of the view that the next 18 months will decide our ability to keep climate change to survivable levels and to restore nature to the equilibrium we need for our survival.”
“We have six months to save the planet,” exhorted International Energy Agency head Fatih Birol – one year later in 2020. In April 2024, Simon Stiell, executive secretary of the United Nations Framework Convention on Climate Change said the next two years are “essential in saving our planet”.
Either the climate crisis has a very fortunate feature that allows the countdown to catastrophe to be continually reset, or we are deluding ourselves with endless declarations that time has not quite run out. If you can repeatedly hit snooze on your alarm clock and roll over back to sleep, then your alarm clock is not working.
Or there is another possibility. Stressing that we have very little time to act is intended to focus attention on climate negotiations. It’s part of a wider attempt to not just wake people up to the impending crisis, but generate effective action. This is sometimes used to explain how the 1.5°C threshold of warming came to be agreed. Rather than a specific target, it should be understood as a stretch goal. We may very well fail, but in reaching for it we move much faster than we would have done with a higher target, such as 2°C. For example, consider this statement made in 2018:
Stretching the goal to 1.5 degrees celsius isn’t simply about speeding up. Rather, something else must happen and society needs to find another lever to pull on a global scale.
What could this lever be? New thinking about economics that goes beyond GDP? Serious consideration of how rich industrialised nations could financially and materially help poorer nations to leapfrog fossil fuel infrastructure? Participatory democracy approaches that could help birth the radical new politics needed for the restructuring of our fossil fuel powered societies? None of these.
The lever in question is Carbon Capture and Storage (CCS) because the above quote comes from an article written by Shell in 2018. In this advertorial Shell argues that we will need fossil fuels for many decades to come. CCS allows the promise that we can continue to burn fossil fuels and avoid carbon dioxide pollution by trapping the gas before it leaves the chimney. Back in 2018, Shell was promoting its carbon removal and offsets heavy Sky Scenario, an approach described as “a dangerous fantasy” by leading climate change academics as it assumed massive carbon emissions could be offset by tree planting.
Shell is far from alone in waving carbon capture magic wands. Exxon is making great claims for CCS as a way to produce net zero hydrogen from fossil gas – claims that have been subject to pointed criticism from academics with recent reporting exposing industry wide greenwashing around CCS.
But the rot goes much deeper. All climate policy scenarios that propose to limit warming to near 1.5°C rely on the largely unproven technologies of CCS and BECCS. BECCS sounds like a good idea in theory. Rather than burn coal in a power station, burn biomass such as wood chips. This would initially be a carbon neutral way of generating electricity if you grew as many trees as you cut down and burnt. If you then add scrubbers to the power station chimneys to capture the carbon dioxide, and then bury that carbon deep underground, then you would be able to generate power at the same time as reducing concentrations of carbon dioxide in the atmosphere.
Unfortunately, there is now clear evidence that in practice, large-scale BECCS would have very adverse effects on biodiversity, and food and water security given the large amounts of land that would be given over to fast growing monoculture tree plantations. The burning of biomass may even be increasing carbon dioxide emissions. Drax, the UK’s largest biomass power station now produces four times as much carbon dioxide as the UK’s largest coal-fired power station.
Five minutes to midnight messages may be motivated to try to galvanise action, to stress the urgency of the situation and that we still (just) have time. But time for what? Climate policy only ever offers gradual change, certainly nothing that would threaten economic growth, or the redistribution of wealth and resources.
Despite the mounting evidence that globalised, industrialised capitalism is propelling humanity towards disaster, five minutes to midnight does not allow time and space to seriously consider alternatives. Instead, the solutions on offer are techno fixes that prop up the status quo and insists that fossil fuel companies such as Shell must be part of the solution.
That is not to say there are no good faith arguments for 1.5°C. But being well motivated does not alter reality. And the reality is that warming will soon pass 1.5°C, and that the Paris agreement has failed. In the light of that, repeatedly asking people to not give up hope, that we can avoid a now unavoidable outcome risks becoming counterproductive. Because if you insist on the impossible (burning fossil fuels and avoiding dangerous climate change), then you must invoke miracles. And there is an entire fossil fuel industry quite desperate to sell such miracles in the form of CCS.
Four suggestions
Humanity has enough problems right now, what we need are solutions. This is the response we sometimes get when we argue that there are fundamental problems with the net zero concept and the Paris agreement. It can be summed up with the simple question: so what’s your suggestion? Below we offer four.
1. Leave fossil fuels in the ground
The unavoidable reality is that we need to rapidly stop burning fossil fuels. The only way we can be sure of that is by leaving them in the ground. We have to stop exploring for new fossil fuel reserves and the exploitation of existing ones. That could be done by stopping fossil fuel financing.
At the same time we must transform the food system, especially the livestock sector, given that it is responsible for nearly two thirds of agricultural emissions. Start there and then work out how best the goods and services of economies can be distributed. Let’s have arguments about that based on reality not wishful thinking.
2. Ditch net zero crystal ball gazing targets
The entire framing of mid and end-century net zero targets should be binned. We are already in the danger zone. The situation demands immediate action, not promises of balancing carbon budgets decades into the future. The SBTi should focus on near-term emissions reductions. By 2030, global emissions need to be half of what they are today for any chance of limiting warming to no more than 2°C.
It is the responsibility of those who hold most power – politicians and business leaders – to act now. To that end we must demand twin targets – all net zero plans should include a separate target for actual reductions in greenhouse gas emissions. We must stop hiding inaction behind promises of future removals. It’s our children and future generations that will need to pay back the overshoot debt.
3. Base policy on credible science and engineering
All climate policies must be based on what can be done in the real world now, or in the very near future. If it is established that a credible amount of carbon can be removed by a proposed approach – which includes capture and its safe permanent storage – then and only then can this be included in net zero plans. The same applies to solar geoengineering.
Speculative technologies must be removed from all policies, pledges and scenarios until we are sure of how they will work, how they will be monitored, reported and validated, and what they will do to not just the climate but the Earth system as a whole. This would probably require a very large increase in research. As academics we like doing research. But academics need to be wary that concluding “needs more research” is not interpreted as “with a bit more funding this could work”.
4. Get real
Finally, around the world there are thousands of groups, projects, initiatives, and collectives that are working towards climate justice. But while there is a Climate Majority Project, and a Climate Reality Project, there is no Climate Honesty Project (although People Get Real does come close). In 2018 Extinction Rebellion was formed and demanded that governments tell the truth about the climate crisis and act accordingly. We can now see that when politicians were making their net zero promises they were also crossing their fingers behind their backs.
We need to acknowledge that net zero and now overshoot are becoming used to argue that nothing fundamental needs to change in our energy intensive societies. We must be honest about our current situation, and where we are heading. Difficult truths need to be told. This includes highlighting the vast inequalities of wealth, carbon emissions, and vulnerability to climate change.
The time for action is now
We rightly blame politicians for failing to act. But in some respects we get the politicians we deserve. Most people, even those that care about climate change, continue to demand cheap energy and food, and a constant supply of consumer products. Reducing demand by just making things more expensive risks plunging people into food and energy poverty and so policies to reduce emissions from consumption need to go beyond market-based approaches. The cost of living crisis is not separate from the climate and ecological crisis. They demand that we radically rethink how our economies and societies function, and whose interests they serve.
To return to the boiling frog predicament at the start, it’s high time for us to jump out of the pot. You have to wonder why we did not start decades ago. It’s here that the analogy offers valuable insights into net zero and the Paris agreement. Because the boiling frog story as typically told misses out a crucial fact. Regular frogs are not stupid. While they will happily sit in slowly warming water, they will attempt to escape once it becomes uncomfortable. The parable as told today is based on experiments at the end of the 19th century that involved frogs that had been “pithed” – a metal rod had been inserted into their skulls that destroyed their higher brain functioning. These radically lobotomised frogs would indeed float inert in water that was cooking them alive.
Promises of net zero and recovery from overshoot are keeping us from struggling to safety. They assure us nothing too drastic needs to happen just yet. Be patient, relax. Meanwhile the planet burns and we see any sort of sustainable future go up in smoke.
Owning up to the failures of climate change policy doesn’t mean giving up. It means accepting the consequences of getting things wrong, and not making the same mistakes. We must plan routes to safe and just futures from where we are, rather where we would wish to be. The time has come to leap.
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