skip to main content
skip to newscasts

Friday, December 6, 2024

Public News Service Logo
facebook instagram linkedin reddit youtube twitter
view newscast page
play newscast audioPlay

7.0 magnitude earthquake reported off Northern California coast, tsunami warning canceled; Fewer Hoosiers vote in 2024 amid early voting tensions; 'ALICE at Work' paycheck-to-paycheck struggle; New push for protection for manatees, Florida's 'gentle giants.'

view newscast page
play newscast audioPlay

The Senate Indian Affairs chair says a long-imprisoned activist deserves clemency, Speaker Mike Johnson says they may end funding for PBS and Planned Parenthood, and Senate Republicans privately say Hegseth's nomination is doomed.

view newscast page
play newscast audioPlay

Limited access to community resources negatively impacts rural Americans' health, a successful solar company is the result of a Georgia woman's determination to stay close to her ailing grandfather, and Connecticut looks for more ways to cut methane emissions.

Report: Litigation holds companies accountable for climate impacts

play audio
Play

Wednesday, July 31, 2024   

By Gabriella Sotelo for Sentient.
Broadcast version by Edwin J. Viera for New York News Connection reporting for the Sentient-Public News Service Collaboration


Over a three-decade span, 71 percent of industrial greenhouse gas emissions - that is, emissions from factories and manufacturing - were fueled by just 100 fossil fuel producers. Researchers documented the pollution from these so-called "Carbon Majors," companies including Chevron, BP and Shell, in a database that came to inspire two dozen lawsuits. Now, climate activists are applying those same tactics to hold the meat and dairy industries accountable under the law. A new study by Yale Law School researchers traces this new trend, and finds that when lawmakers fail to hold corporations accountable, lawsuits can become a tool to create change.

Research shows meat and dairy are responsible for anywhere from 11 to 20 percent of global greenhouse gas emissions, yet lawmakers are failing to pass meaningful policies to curb emissions from what's on our plate. These include methane, from cattle burps and manure waste from dairy and pork farms primarily, as well as the massive amounts of land required to feed animals, both pasture and for feed crops.

In the U.S. for instance, the Inflation Reduction Act passed in 2022 has a goal to reduce greenhouse gas emissions by 40 percent by the year 2030, but its "climate-smart agriculture" funding has mostly gone to fund no-till and cover crops on industrial farms - farming practices that evidence suggests are not effective for curbing emissions. And just as with fossil fuel pollution, when policymakers fail to pass policies to curb emissions, climate advocates turn to the courts.

To date, just two lawsuits are attempting to hold the animal agriculture industry accountable for climate emissions, the authors of the study caution, but these two do suggest an increase in momentum for holding meat and dairy companies accountable. These early lawsuits point to a growing trend - people are seeking to hold all extractive industries accountable, both fossil fuels and livestock companies.

Suing the Carbon Majors for Fossil Fuel Pollution

In the past several decades, litigation has become an increasingly successful strategy for climate action. One study found that out of 2,341 climate decisions, half resulted in some favorable impact for climate action. In one 2020 case for instance, Bushfire Survivors for Climate Action sued Australia's Environment Protection Authority to do more to regulate greenhouse gas emissions in light of a particularly severe series of bushfires the year before, fires arguably made more intense by climate change. The court ordered the EPA to put in place environmental policies, guidelines and objectives for environmental protection from climate change.

The city of Honolulu has been allowed to proceed in its case against fossil fuel distributor Sunoco for misleading the public about the dangers of climate change, a tort case primarily based on allegations that the company failed to disclose information to the public and engaged in deceptive marketing tactics. The case first for climate nuisance claims, and continues the success that litigation has on the "Carbon Majors."

From Carbon Majors to Methane Majors

"Climate litigation is really expanding around the world," Daina Bray, a lecturer at Yale Law School's Law, Ethics and Animals Program and a co-author of the report, tells Sentient. That expansion is reflected in a couple of ways, Bray says, "the creativity of theories" and the jurisdictions where these suits are being filed.

One of these creative theories is holding more industries accountable, including the meat and dairy producers adding to the planet's methane emissions, which inspired Bray, and her colleague Thomas Poston, to dub them as the "Methane Majors."

Suing the Mega-Dairies of New Zealand

In the case of Smith v Fonterra, Michael Smith, a Maori tribe leader in New Zealand filed claims against seven polluters, including the mega-dairy conglomerate, Fonterra. In the lawsuit, Smith alleges that the seven companies are not only responsible for one-third of New Zealand's greenhouse gas emissions, but the company's part in contributing to sea level rise, and damage to the land where Smith, some Maori and other New Zealanders live.

Originally the claim was struck down by New Zealand's Court of Appeals, but the country's Supreme Court reversed this decision and is now allowing all of Smith's claims to proceed. The court found that Smith has the right to sue these companies for the harm caused by their emissions, including Fonterra.

In the U.S., New York State's Attorney General brought suit against meat supplier JBS for misleading the public over their environmental claims.

The Yale researchers also see promise in the JBS case, as it illustrates different legal avenues for climate justice. Though both cases are pending, the efforts are encouraging, says Thomas Poston, co-author of the study and J.D candidate at Yale Law School.

"It's reassuring that our courts here in the United States remain open to this kind of litigation," Poston tells Sentient. "Even if a given case does not reach the result that climate advocates might hope for, the fact that there are still venues for questions of justice and accountability to be raised, and potentially mitigated is a good thing."

Litigation has the potential to shape public discourse, the authors say.

"From farms to slaughterhouse workers to environmental justice communities, water use, the harm to the animals themselves," Bray says, "any and all creative tools to find accountability and to shine a light on these harms are a reason for optimism."


Gabriella Sotelo wrote this article for Sentient.


get more stories like this via email

more stories
The Georgia Senate Study Committee on Artificial Intelligence has released a report featuring input from experts in higher education, law and business. The goal is to get ahead of AI and how it will impact various industries. (Kevin Ruck/Abode Stock)

Social Issues

play sound

Georgia lawmakers are mapping out the state's future in artificial intelligence. This week, the Senate Study Committee on Artificial Intelligence …


Social Issues

play sound

As word has spread about President-elect Donald Trump's mass deportation plans, advocates for immigrants in Oregon are working to educate people …

Social Issues

play sound

Wisconsin has lost almost one in five of its newspapers in the past year. The state of newspapers has been dismal for years, and the 2024 figures are …


Antimicrobial consumption in farm animals is on the rise in the U.S., while declining in Europe by 44% from 2014 to 2021. (pressmaster/Adobe Stock)

Health and Wellness

play sound

By Sophie Kevany for Sentient.Broadcast version by Roz Brown for New Mexico News Connection reporting for the Sentient-Public News Service Collaborati…

Social Issues

play sound

This month marks the 25th anniversary of a federal law designed to give states flexibility in helping older kids transition out of foster care…

ALICE families say while wages have increased, it hasn't been enough to keep up with inflation and is sometimes hard to put food on the table. (Konstantin Yuganov/Adobe Stock)

Social Issues

play sound

By Wesley Brown for the Arkansas Delta Informer.Broadcast version by Freda Ross for Arkansas News Service reporting for The Arkansas Delta Informer-Wi…

Environment

play sound

By Frida Garza for Grist.Broadcast version by Chrystal Blair for Michigan News Connection reporting for the Rural News Network-Public News Service Col…

Environment

play sound

A controversial oil drilling proposal near Florida's Apalachicola River is drawing sharp criticism ahead of a key administrative hearing next week…

 

Phone: 303.448.9105 Toll Free: 888.891.9416 Fax: 208.247.1830 Your trusted member- and audience-supported news source since 1996 Copyright © 2021