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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.















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