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VIEWS AND OPINION
Climate change is all about
inter-generational justice
by Fereidoon Sioshansi, PhD existing law can, and should, be amended.
The 2019 law set a target to reduce
he battle against climate change, German emissions by 55% from the 1990
before it is too late, can be seen level by 2030 and said it was aiming, as with
Tas a battle between the status quo the rest of the EU, to reach carbon neutrality
vs. the new; the old ways of doing things by 2050. But what was to be done after 2030
vs. the new; the present vs. the future was left, shall we say, rather hazy. Given
generations including those not yet born; that the 2020 goal of cutting emissions by
the conservatives vs. the liberals; the existing 40% was barely met – courtesy of Covid-19
businesses and industries vs. the ones pandemic – most observers were not assured
that will replace them; existing policies, that even the 2030 cuts could be achieved,
regulations, subsides and prices vs. the ones let alone the 2050 target.
that will be necessary to move things in the Angela Merkel, Germany’s outgoing
right direction quickly and perceptively – to Chancellor, surprised many by deciding not be affected even if they stay mum on the
move the needle, so to speak. to drag the issue, leaving it for her successor. issue. Coal and oil exporting countries, like
It is also about the speed of change, Instead, she praised the court’s wisdom and tobacco makers, will lose their appeal to
most notably what needs to be done today agreed with the verdict, pledging to raise many environmentally minded investors who
– immediately – vs. in the next five years, the 2030 target to 65% and bringing the see better opportunities in green and more
the following five and so on. Setting fanciful carbon neutrality target to 2045, five years sustainable industries. The same will apply to
targets for 2050, which many governments earlier than the original date. With elections banks and financial institutions who finance
and corporations have adopted while approaching, everybody is trying to “out- undesirable investments.
carrying on business as usual does not seem green” the powerful Green Party. Germans In advanced economies, utilities and
either reassuring or genuine. have been telling the pollsters that climate generators that operate coal-fired plants
This, in essence, was the issue before change is a top priority. Whether they mean will face increased pressures to shut them
Germany’s Federal Constitutional Court, it remains to be seen. down, and soon. Subsidising fossil fuels –
where plaintiffs had brought a lawsuit Politics aside, the German court’s still prevalent in many parts of the world
claiming that Germany’s climate law passed decision is broadly seen as a game changer, on dubious grounds – will finally be phased
in 2019 was unconstitutional, not only and not just in Germany but across the out while renewables, electrified heat and
because it was unambitious but because it world as youngsters in Europe, Australia transport and energy efficiency will receive
was vague on specifics, especially on the and elsewhere take their governments and increased subsidies. The transition to a low
delivery timetable. corporations to the courts with similar claims. carbon future, already considered inevitable,
To everyone’s surprise, the judges The German court’s verdict has set a powerful just got a big boost thanks to the latest court
agreed, stating that the existing law was, at precedence for others to follow and emulate. verdict from Germany.
least in part, unconstitutional because – in The genie is out of the bottle. Emitting carbon Future generations, as well as other living
its current form – it would risk forcing future will be essentially criminalised and other species, deserve a liveable climate. Their
generations to engage in radical abstinence courts are likely to decide that it must be voices are finally being heard. Shielding the
by leaving too much of the burden of curbing stopped, and sooner rather than later. Moving profits of existing polluting enterprises at the
emissions to the years after 2030. forward, setting hollow distant future targets expense of the young and the unborn can
The decision, written in undecipherable while carrying on business as usual won’t be no longer be justified. A new world order is
German legalese is nevertheless clear in good enough. Everybody will plainly see that emerging that values the rights of the future
conveying the point that a law that does the emperor has no clothes on. generations. Not a day too soon.
not have binding targets on how it would European oil majors such as Shell, Total
arrive at its intended end point is literally not and BP, who have set net zero carbon targets Acknowledgement
worth the paper it is written on. The judges for 2050 will have a hard time explaining This article was first published in the July
stopped short of telling the politician how to why they are investing in more reserves 2021 issue of EEnergy Informer and is
fix the problem but left no doubt on how the today. The American oil majors will also republished here with permission.
energize | July 2021 | 37