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Australia

October 29, 2004 – Aussie environmentalists win a court case…

Nineteen years ago, on this day, October 29, 2004, activists in Victoria won a legal battle about a filthy coal-fired power station.

Justice Stuart Morris delivered his judgement to a packed courtroom on 29 October 2004, ruling squarely in favour of the environmentalists. On one level, the decision is a straightforward administrative law judgment about a Minister overreaching her statutory powers. Yet in reaching the conclusion on this procedural point, Justice Morris had occasion to consider for the first time under Australian law the relevance of indirect greenhouse gas emissions of a major development.

(Berger, 2007: 166)

Quinn saved his most vicious attack for the environment movement. In an internal note to Hazelwood employees issued on the day of the decision [29 October 2004]

Extreme environmental groups who are hell bent on closing our industry obviously have a right to a say in our democracy, but these delaying tactics by such lobbying groups should never be allowed to frustrate legitimate critically important state energy projects… We have spent over $400 million on environmental and operational efficiencies since 1996, and it is about time that commitment was recognised by these groups. Their views are anti-coal, anti-business and anti-jobs, and if they succeed, they will cost thousands of local jobs with their narrow and simplistic arguments.

(Berger, 2007: 167)

The amount of carbon dioxide in the air was roughly 377.7ppm. As of 2023 it is 419ppm, but check here for daily measures. 

The context was that pro-life pro-sanity campaigners had been doing legal stuff around trying to get Hazelwood shut down. For yonks. There was a court case and they won. In the short term, at least. 

What I think we can learn from this

The legal venues are one way forward, but by no means the only one. And any legal victory is only worth what happens next. (This is something that I first encountered as an idea while paying attention to the McLibel Trial and having this pointed out to me by Dave Morris.)

“They make the laws to chain as well.” 

“I fought the law and the law won. “

“This isn’t a Court of Justice son. This is a court of law. “

Ah the songs.

What happened next

Greenpeace started to do direct action around Hazelwood in 2005.

What do you think? Does this pass the ‘so what?’ threshold? Have I got facts wrong? Interpretation wrong? Please do comment on this post, unless you are a denialist, obvs.

Categories
Australia

December 28, 1994 – Australian Financial Review says “say yes to Tradeable Emissions Quotas”

On this day, December 28 in 1994 the Australian Financial Review (“the Fin” – and on its best days merely a poundstore version of the Financial Times) had an editorial about the value of emissions trading schemes.

A very large part of the contribution of rich, energy-intensive economies such as Australia should be the financing of emission-reduction projects in countries where the social cost of emission reduction is lower.

One mechanism for this kind of transfer is the often proposed system of tradable emission quotas (which the quotas distributed in a way to transfer income to the developing nations).”

Anon, 1994, 28 December

[The amount of carbon dioxide in the atmosphere was 359ppm. At time of writing it was 419ishppm- but for what it is now,well, see here for the latest.]

The context was this – 

The Labor Federal Environment Minister John Faulkner was trying to get a carbon tax proposal through into the next budget. There was a major effort to stop this, and the Fin’s editorial was a minor part of it (“look, there’s a more efficient way of pricing carbon”).

Why this matters. 

It doesn’t, in the big picture. Just be aware that whatever you propose, if the rich and powerful don’t like it they will either oppose it outright or – more subtle version – go for a concern troll approach “we both want the same thing, but HERE’s how you should do it…[proposes something that will never work].”

What happened next?

The carbon tax died in February 1995, didn’t get in the budget. Emissions trading became flavour of the month for more than a decade.  Delivered nowt, except fat fees to consultants and bankers. (You can argue about the reduction in emissions after Gillard’s scheme came in, and others will point to Tasmanian hydro entering the picture.)