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At COP28 in Dubai, Carbon Brief’s Anika Patel spoke with Prof Pan Jiahua, vice-chair of the national expert panel on climate change of China, about his ideas for how to move to a zero-carbon future.

This interview covers a wide range of topics, including China’s stance on fossil fuels, the concept of an “ecological civilisation”, the usefulness of a global “loss-and-damage fund”, and prospects for distributed solar and power market reform in China. It is transcribed in full below, following a summary of key quotes.

China’s national expert committee on climate change, of which Prof Pan is vice-chair, is an advisory body under the national leaders group on climate change, energy-saving and emissions reduction.

He is also a member of the Chinese Academy of Social Sciences and director of its Research Center for Sustainable Development, as well as director of Beijing University of Technology’s Institute of Eco-Civilization Studies and a member of the China Carbon Neutral Fifty Forum.

  • On the philosophy ofecological civilisation’: “Human beings, for their own benefit – they ignored the benefit of nature. The welfare of nature. We expose nature, we deplete our natural resources…[Under ecological civilisation] the basic idea [is] that [if we can achieve] harmony with nature [and] harmony among our nations, then we can go long into the future.”
  • On the success of UN climate summits: “COP is the only thing that [has lasted] over 30 years…We have different views, different arguments, different interests but, all in all, we’ve come a long way…we agreed the Paris targets – in 1990 nobody would believe that [was possible].”
  • On the ‘loss-and-damage fund’: “Losses and damages should be compensated, but not in a way that we divert our energy and resources for [the sake of] compensation. We should use all our energy, resources, spirits – everything – for the zero-carbon transition.”
  • On the ‘climate paradox’: “If you divert the limited resources for compensating losses and damages, then the zero-carbon transition would be delayed. And if you delay such a transition, there will be more and more losses and damages. I call this the climate paradox.”
  • On tripling renewable energy: “Tripling renewable energy is not enough. Why are we only tripling? Why not more and more, the more the better. Because look at China – [we] doubled and doubled and doubled [our renewable energy] all the time. This year we doubled installed capacity over the last year. Why shouldn’t we do more than just tripling?”
  • On replacing energy infrastructure: “Renewables would not require a huge amount of investment in infrastructure. Fossil fuels, coal electricity generation – the investment is very capital intensive…right? Waste of money.”
  • On subsidies and industrial policy: “Like a plant – in the very beginning when it’s a seed then you need to take care of it. But when it grows and becomes mature, then it can stand on its own and be competitive.”
  • On an alternative to a centralised electricity grid: “I use the term ‘prosumerism’. Production, consumption and storage all in one, right? You do not require a very capital intensive power grid.…And also, this is consumer sovereignty – when you have your own system, you have a say and then…you are not totally reliant on the power grid.”
  • On western suspicion: “Why did China suddenly become number one in zero-carbon renewables? It’s simply because the United States and Europe used anti-dumping subsidies and section 301 investigations in 2010. Then the Chinese competitive products, solar panels, were not able to go to the world market, so we thought we should…install everything inside of China and immediately China became number one in the world. Now you see the United States and Europe again say ‘no, it’s [a question of] supply chain security’. Right? This is really self-conflicting. On one hand they say ‘climate security’, on the other they say their ‘own security’.”
  • On phasing out fossil fuels: “We want to have everything competitive enough to phase out fossil fuels, through the market process. Not command and control.”
  • On abating fossil fuels: “I think that abated fossil fuels is a false statement. Because abated is not compatible, they have no competitiveness. When you abate it, it is more expensive. You think the consumers are silly? They will simply vote for competitive[ly priced] electricity.”
  • On the future of fossil fuels: “Fossil fuels are fossils. They are a thing of the past.”
  • On the ‘global stocktake’ negotiations: “[We talk about] responsibility sharing, carbon emissions reduction. But everybody will say ‘No, I will not [accept] any limits. You want to limit me, I want to do more.’ This is human psychology, right?”
  • On the challenges of power market reform: “Only the monopoly people will [call for] ‘reform’, and through reform they gain more power, they gain more monopoly. The prosumerism system will destroy such monopolies.”
  • On the urgency of ‘global boiling’: “Global warming is not global warming, it’s global boiling…Renewables are good for welfare, for wellbeing, for growing the economy, for a better environment. It’s for everybody and for the future. Fossil fuels are not for the future.”
Prof. Pan Jiahua and Anika Patel at COP28 in Dubai, UAE.
Prof Pan Jiahua and Anika Patel at COP28 in Dubai, UAE. Credit: Liang Rui

Carbon Brief: If you don’t mind, I’d like to jump straight in. I read a lot about your work on defining the concept of an ecological civilisation, which is a concept that’s not very well understood outside China. In your previous work, you’ve described it as realising harmony between humans and nature in contrast to industrial civilisation. Could you give an overview of what an ecological civilisation is and how this concept has evolved?

Pan Jiahua: Well, from [the beginning of] human civilisation, from primitive agrarian society, human beings have relied somewhat completely on nature. The ability to live more comfortably was very limited and then, with technological innovation and the industrial revolution, we have entered the new era: the industrial stage. A sort of industrial civilisation.

Under industrial civilisation, we have an ethical principle, which is utilitarian. Measurement of happiness in human beings – we would like to be happy – and how to measure happiness? Then the British philosophers, they invented the idea of utilitarianism, which means that, once you have some sort of self-interest, self-achievement or self-realisation, then you are happy. And then happy, you need some sort of measurement. That is utilitarianism, everything is useful, everything brings you benefits, then you would be happier, right? This is utilitarian. And then the measurement in economic terminology, that is utility right? Everything has a utility and then that brings happiness to human beings. So that is utilitarianism, and then when there is no utility, then there is nothing to bring you happiness.

So this is the philosophy, the ethical foundation or ethical principle. And let’s put it another way: because of this ethical principle, that means that everybody tries to optimise his own utility. At the same time, when he maximises his own utility, he tries to provide services to other people and then the social welfare, social wellbeing in total is further improved, right? So this is the whole idea of the industrial revolution and industrialisation, that everybody would benefit.

But now, because human beings, for their own benefit – they ignored the benefit of nature. The welfare of nature. We expose nature, we deplete our natural resources, you know? And then nature is depleted and nature is destroyed, damaged, lost. And then we found that: “Oh my god, this is not sustainable.” We need to change back our principle, and not be utilitarian. We need to have something in harmony with nature, right?

Now, when we talk about security, right? Under an industrial utilitarian principle, security just [means] your own security – like the United States, like Donald Trump saying “America first”. The others, they are nobody, just America first. Others are secondary or tertiary or not important at all, only the United States is the most important. Right? Let’s get a slogan ‘America First’, so the others are not important and now it is the same. They talk about national security, their own security. The others, they don’t care. Like Russia’s own security. The others’ security is not on their agenda, right? So this is utilitarianism, this is self-interest. [Under the concept of ecological civilisation], security is not only for one but for all, for everybody, for man and nature.

CB: And does this include energy security?

PJH: Of course, energy security is one of many securities. So we need to understand security through a new mentality. This mentality has security for all. All the securities are important and should be treated equally, not that one security is superior to the others, all securities are important, should be treated equally, right? So this is harmony between man and nature. That means that not only in the United States, Russia, China, other developing countries – they should be treated equally. Your security, Russian security, Chinese security, all the securities should be treated at a similar level, as equally important. So this is a harmonious society, a harmonious world, harmonious human beings. Otherwise just your own security, the others’ security, they are not secure, and then how can they be guaranteed?

So this is the logic, and then, human beings are part of society, we are part of [the community of life on] Earth. Human beings are all one race. We have so many other species. Other species should also be treated equally. Their security, the plants, the animals and all the other forms of life. They should be treated equally, their security, not only human beings’ security, the security of nature, security of better diversity. So, this is all the securities, man and nature in harmony, living in harmony with nature. This is the principle. This principle is different from utilitarianism. That means on Earth we all are one community, an Earth community, a life community, we share our own planet, we share our future, not only one nation, one race, but everybody – not only [the] current generation, but future generations as well. So this is the basic idea that [if we can achieve] harmony with nature [and] harmony among our nations, then we can go long into the future. Otherwise, there’s conflicts among our nations, conflicts among culture, and then conflicts between man and nature. And then we will not have a future.

CB: You’ve actually teed up my next question really well. Given these hopes for harmony between different countries and harmony between man and nature, do you see the seeds of harmony at COP28?

PJH: I think that COP is the only thing that [has lasted] over 30 years. In 1990, when the United Nations created the intergovernmental negotiation committee, which resulted in the UNFCCC –  this was agreed in 1992, and then in 1994 it came into force. This is the only one that lasts so long. And we have different views, different arguments, different interests but, all in all, we’ve come a long way, and now we come together and we agreed the Paris targets – in 1990 nobody would believe that [was possible]. “Oh no, global warming, that’s not my business, that’s something the rich guys should do, not us poor guys.” Right? And then at Copenhagen, when the 2C target was included in the Copenhagen Accord, that was no success at all. 

And then, only five or six years later in 2015, we successfully completed the Paris Agreement. Not only 2C but 1.5C as well. And now step by step we come to a consensus. 1.5C should be the target and all our efforts should be focused on complying with 1.5C, and that’s the target. I think that’s why, in the UK for COP26 in Glasgow, [we had] 1.5C and then last year, at COP27, 1.5C was reiterated and reaffirmed, and this year [2023] I think that we should have no dissenting voices, right? So this is a great achievement and that means that all human beings can reach a consensus and can go further and further continuously. In the past, we would take a step forward and then go backward. And now at the climate conferences, we always go forward and make progress all the time. So this is really great.

But now I do have a different view. That is the global stocktake. I think that this is necessary, but [within the] global stocktake there are quite a few that are on a set track – [will they] derail or progress?

One is the “loss-and-damage fund”. Some people say that, okay, the climate morale requires the most vulnerable nations to be compensated for climate damages and climate losses. When on the first sight, it is reasonable, it is based on climate morale because they are not at any fault [for climate change] and they are suffering, so they should be compensated. I have a different view. Losses and damages should be compensated, but not in a way that we divert our energy and resources for [the sake of] compensation. We should use all our energy, resources, spirits – everything – for the zero-carbon transition. Because if you divert the limited resources for compensating losses and damages, then the zero-carbon transition would be delayed. And if you delay such a transition, there will be more and more losses and damages. I call this the climate paradox. The paradox of climate and morale.

CB: So is it a battle between short-term and long-term thinking?

PJH: No, it’s not short-term and long-term. You know, the mentality is not right. The mentality is that the focus should be zero-carbon transition. Because if you spend your time, resources, energy, negotiating the losses and damages fund – who suffers and who should pay and how the resources should be allocated – this is a waste of resources and a waste of time. Instead, we should focus our attention on zero-carbon transformation. Everything should be zero-carbon. All the people, all the countries, all the parties, all the resources: zero-carbon. And then, in the future, we would minimise our losses and damages. Otherwise, we will divert limited resources and then we will not be able to concentrate our efforts on zero-carbon transformation. So this is the mentality. I think that [the purpose of the] loss and damages [should] not be for compensation but for zero-carbon transition, zero-carbon transformation, zero carbon development.

Now if we see zero-carbon development, it is high quality. For instance, solar energy. Instead of compensation for losses and damages, you install solar panels and then you have energy. That is well-being, that is income, that is ability to develop, instead of some sort of imaginary losses and damages. Right?

CB: A critic might say, firstly countries are pledging to triple global renewables – so there is still focus on mitigation – but they might also say that countries that are seeing their infrastructure destroyed, for example through conflict, have the opportunity to develop new low-carbon infrastructure.

PJH: This is wrong. For one thing, tripling renewable energy is not enough. Why are we only tripling? Why not more and more, the more the better. Because look at China – [we] doubled and doubled and doubled [our renewable energy] all the time. This year we doubled installed capacity over the last year. Why shouldn’t we do more than just tripling? Insufficient, not enough, we should do more and more and more and more, not only tripling, it is not enough.

And the second thing: when you talk about replacing energy infrastructure. Renewables would not require a huge amount of investment in infrastructure. Fossil fuels, coal electricity generation – the investment is very capital intensive. It would require investment of a huge amount of money for construction of the thermal power plants, it would require a huge amount of investment into the power grid and distribution. Right? Waste of money.

If you go to zero-carbon solar panels on top of your roof, you have your electricity. And then when it’s intermittent, you see [we have] power batteries, which are so cheap. You should go to China to have a look at power batteries – 20 years ago, who would have imagined that electric vehicles would be competitive. Even three years ago nobody [would have thought so]. And now you see, [they are] so competitive.

CB: That’s so true, in my Beijing apartment, we didn’t have solar panels, but we did have EV charging points.

PJH: Right? So that means the infrastructure, everything is under your own control, you will not be reliant on capitalists. So that is the difference, right? Infrastructure. That’s why I say the “loss-and-damages fund” does nothing. Just zero-carbon transition, zero-carbon energy, zero-carbon development, zero-carbon welfare, zero-carbon well-being.

CB: To take China as an example, do you think that there’s more public consciousness around zero-carbon development? EVs makes sense because they were subsidised until recently –

PJH: They’re not subsidised any more. But you’re right, in the past it was. Everything, at the very beginning, was. Just like how when new babies are born, you should take care of them. That’s true for everything new. That’s natural, like a plant – in the very beginning when it’s a seed then you need to take care of it. But when it grows and becomes mature, then it can stand on its own and be competitive.

CB: So then, from the consumer’s point of view, are people interested in solar panels on their rooftops, recycling, things like that?

I think that this [consumer-based approach] is comprehensive and is inclusive. Everybody can contribute, to zero-carbon, to plastics, to energy, right? If you reuse materials, then you will reduce emissions. You would delay the depletion of fossil fuels. Right? So this is one of the approaches. All approaches combined leads to consensus, which is a Chinese value.

Renewables are competitive, electrical vehicles are competitive and batteries have huge potential, and everybody has high expectations that these batteries would become more and more competitive, and then every household, every school can be an independent unit. I call it “prosumerism”. Production of solar and [wind] turbines fuels generation of electricity, that’s production right? And consumption is kitchen utensils, heat pumps, air conditioning, light, everything – consumption. And then you have your storage – power batteries, right? Because of the intermittency of solar, the challenges can be resolved through power battery storage.

So I use the term “prosumerism”. Production, consumption and storage all in one, right? You do not require a very capital intensive power grid. That’s very impressive. And also, this is consumer sovereignty – when you have your own system, you have a say and then…you are not totally reliant on the power grid. If [the grid operators] say something is wrong, then you have no control, if they increase the price, then you have to accept it, you have no argument, everything is under their control. With prosumerism, everything is under your own control. I call it consumer sovereignty.

So why should developing countries spend money and waste money on the power grid? Just [adopt] an independent prosumerist system.

CB: I think the EU and the US now recognise they need to catch up with China’s solar industry, and we see them recognising the benefits of nurturing their “baby” industries –

PJH: Let me tell you, the EU and the United States, they always say one thing and do another, they’re very contradictory. Why did China suddenly become number one in zero-carbon renewables? It’s simply because the United States and Europe used anti-dumping subsidies and section 301 investigations in 2010. Then the Chinese competitive products, solar panels, were not able to go to the world market, so we thought we should do everything ourselves – then suddenly we should install everything inside of China and immediately China became number one in the world. Now you see the United States and Europe again say “no, it’s [a question of] supply chain security”. Right? This is really self-conflicting. On one hand they say “climate security”, on the other they say their “own security”. They don’t care about others, they don’t care about the climate. Because Chinese products are the most competitive in the world. If they are competitive, then everybody gains the lowest cost for installation of solar and wind.

CB: That’s very valid from a consumer point of view. I think everyone recognises that China is growing its renewable capacity at such a high rate, but can it sustain that indefinitely? Or will renewable energy eventually plateau? And at what point will it plateau?

PJH: I think that this is a good question. You know, for everything we have a process of very, very slow progress and then, suddenly, we have acceleration and we go to maturity. Once you get to maturity, you do not [need as much support], because, [like] human beings…once you are big enough, you do not require too much to eat, you do not require more food, right?

It’s the same, when zero-carbon energy is sufficient to meet your demand, that is enough. You do not need to produce more for nothing, for wasting, right? So that answers your question, that is when we have sufficient capacity, then there’s no need to produce more for China. But we do have [to have] such capacity, [because] we need renewables. We do have to have new technologies, right? It’s progress for China.

Now I think that we are developing very fast, we want to have everything competitive enough to phase out fossil fuels, through the market process. Not command and control. Use market forces to phase out fossil fuels because now, you see solar electricity, wind electricity, it’s only a fraction of coal-fired electricity, that’s still competitive. And now the intermittency challenge is resolved through storage, because what we need is energy services. We do not require carbon dioxide. Carbon dioxide is nothing.

CB: To clarify, you’re not talking about phasing out unabated fossil fuels, you’re talking about phasing out all fossil fuels?

PJH: I think that abated fossil fuels is a false statement. Because abated is not compatible, they have no competitiveness. When you abate it, it is more expensive. You think the consumers are silly? They will simply vote for competitive[ly priced] electricity. Right? So, I think that abated fossil fuels is a false statement. It does not stand. You know what I mean?

It is really a silly statement. I’ll give you an example – gasoline automobiles. Nowadays in China, you see the young people, who cares to buy [gasoline vehicles]? You have no market at all, nobody cares, nobody buys. Purely electric vehicles – that’s the market. Gasoline vehicles, no matter if they are ‘abated’ or ‘unabated’ – nobody cares. This is one illustrative example. So, the [idea of] abated fossil fuels really is nonsense. Nonsense.

CB: You mean that both the idea of unabated and abated fossil fuels are nonsense?

PJH: Both. Zero-carbon renewables are so competitive. They simply bring more employment, more revenue, better health and wellbeing. Right? And they give zero-carbon emissions. There are multiple wins.

CB: We’ve seen reports of particularly local governments building more coal capacity, perhaps to boost local economic growth. What do you think it would take –

PJH: You are right. In all societies, different people and different groups have different interests. For fossil fuels, in the past they were so powerful. They want to keep their power, they want to keep their influence, they want to keep their monopoly. It’s understandable. I don’t care at all – “okay, you do it”. But the next day, you guys realised it was wrong.

So I don’t care at all, [even though] so many people say in China local governments and state power companies are investing a huge amount in coal power. Never mind. They will be phased out automatically through the market. As I said, it is not command and control [that will drive the energy transition]. It’s market forces. It’s market power. Believe in market power.

CB: I heard someone make the argument that, as China tried to control the impact that the Covid-19 outbreak had on the economy, that coal interest groups may have lost some of their power and ‘new energy’ interest groups may have gained some power. Would you agree?

PJH: Well, we really don’t need to worry about this. The coal and fossil fuels industries are very powerful – state-owned and state-dominated. Very powerful. But I think “Okay, you are powerful. But, the sooner solar is [widely adopted], everybody can do it themselves, then we do not have to rely on them. We can let them be.” No matter how powerful they are today, I have no confidence that they will continue to hold a monopoly in the future, like the automobile sector. You know, in China automobile companies were state-owned companies, and so powerful in the past.

Now the evidence shows that fossil fuels are fossils. They are a thing of the past, they have no future. That’s why I think the global stocktake at COP28, the direction is wrong. We say “Oh the emissions reduction gap.” The gap is nothing.

CB: So what language do you expect to see out of the global stocktake?

PJH: The current language is wrong. [We talk about] responsibility sharing, carbon emissions reduction. But everybody will say “No, I will not [accept] any limits. You want to limit me, I want to do more.” This is human psychology, right? And so you say “No limits, you just do what you can.”

Zero-carbon renewable energy will bring employment, growth of the economy, wellbeing and a better environment. One example is electric vehicles: 100 kilometres (km) of drive, in China’s case, requires 12 kilowatt-hours (kWh) of electricity. 1 kWh of electricity, if you use solar together with power storage, would cost four, or at most five, US cents. Only five cents. That means that, less than one dollar – maybe 60 cents – will give you 100km distance, right? Using gasoline costs 10 times more. Consumers have the choice, it’s as simple as that.

If everybody knows that, who would say “Oh I want more fossil fuels, I want more emissions”? Emissions [would be] nothing, nobody [would need to] care about emissions. So I think that we should go in the right direction. Renewables, zero-carbon, that’s the right direction. Renewables, power batteries, electric vehicles, heat pumps. All of these are [good] for development, for quality of growth, for quality of living. That is the right direction, instead of [focusing on] “limit, limit, reduction, reduction”. Psychologically, nobody would accept limits. So that’s the logic – for growth, for the environment, for better wellbeing, that’s the logic.

CB: Will this be accelerated by expected reforms to the power spot market?

PJH: The power spot market, that’s also what the monopoly people will say. Right? And then if we [adopt the] prosumerism system, there’s no need to reform, right? We have millions and billions of [sources for] prosumerism. One household is a prosumerist unit. The market has nothing to do with the individual prosumerist system. Right?

So only the monopoly people will [call for] “reform”, and through reform they gain more power, they gain more monopoly. The prosumerism system will destroy such monopolies. I have my own system, I consume the electricity I generate, I can have everything stored in my own battery and I drive my electric vehicle. I have an independent, self-sufficient system. With monopolies – like the oil companies – the price is so volatile, because they want it to be volatile, so they can monopolise more and they can control the price. Now with electric vehicles, the oil companies are not able to control the drivers. Reform has nothing to do with it.

CB: Moving towards a zero-carbon society?

PJH: Exactly, that’s why [we are advocating for] the prosumerism system…we are going to do it inside China and then we’re going to introduce it to the world. We see a zero-carbon energy prosumerism system as a solution to a carbon neutral world. And then, in the prosumerist system, all the oil companies, all the fossil fuels – they are nobody, they are nothing. Consumers, households, they won’t care [about the fate of these companies]. That’s the solution, instead of price reform – that’s really the wrong direction. I am very confident that we have a solution, that’s the zero-carbon prosumerism system.

CB: Thank you professor. And, for my last question: do you talk to your friends and family about climate change?

PJH: Of course! Global warming is not global warming, it’s global boiling. We cannot stand, our biodiversity cannot stand, our future will not be able to sustain. So we have a solution – that’s renewables, and just renewables. Renewables are good for welfare, for wellbeing, for growing the economy, for a better environment. It’s for everybody and for the future. Fossil fuels are not for the future.

The post The Carbon Brief Interview: Prof Pan Jiahua appeared first on Carbon Brief.

The Carbon Brief Interview: Prof Pan Jiahua

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New Zealand moves to protect business with law curtailing climate litigation

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New Zealand’s parliament has adopted a controversial new law blocking a whole avenue of climate litigation and shutting down its most advanced corporate lawsuit, which has been blamed by the government for shaking business confidence and investment.

The Climate Change Response (Tort Liability) Amendment Bill, expected to take effect in the coming days after it is formally signed by the Governor-General, prevents all current and future civil claims for climate loss or harm under tort law.

Justice minister Paul Goldsmith said last week that the aim was to give businesses “certainty around their climate change obligations”, noting it would not alter the government’s responsibilities under the Climate Change Response Act 2002 nor business obligations under the Emissions Trading Scheme.

“Our response to climate change is best managed by the Government at a national level and not through piece-meal litigation in the courts,” he added in a statement.

Such litigation, he said, “risks developing a new regime that contradicts the framework Parliament has already enacted” to tackle climate change.

    Goldsmith singled out a key domestic climate lawsuit brought by Northland iwi leader and activist Mike Smith against six big companies: dairy firms Fonterra and Dairy Holdings, energy firms Genesis Energy and Z Energy, New Zealand Steel and coal mining firm BT Mining. A seventh original defendant, Channel Infrastructure, was dropped after it permanently decommissioned its Marsden Point oil refinery.

    Smith argued that these companies had caused him harm under public nuisance and negligence law, as well as a third breach of a duty to cease contributing to climate change that has yet to be tested domestically. He did not seek financial compensation, instead asking for the companies to immediately stop emitting or contributing to net greenhouse gas emissions.

    In one of the most advanced corporate climate accountability lawsuits in the world, a trial had been scheduled for April 2027 after the Supreme Court unanimously allowed the case to continue.

    Corporate lobbying in the shadows

    Smith described the passing of the bill as “deeply concerning”, particularly as it coincided with the Supreme Court hearing another of his climate lawsuits. In that case, Smith v Attorney-General, he argues that the government’s response to climate change and its impacts on Māori communities in particular breaches rights to life and culture.

    “That timing raises profound questions about the separation of powers and the rule of law,” said Smith. “Whatever one’s view of the merits of these cases, it is deeply troubling when parliament intervenes to remove a legal pathway while the courts are actively considering fundamental questions about climate responsibility, rights and the crown’s obligations.”

    The bill – which says that no person (including the government) can be found liable in tort for emissions-related climate change effects – followed major lobbying efforts by the companies defending themselves in Smith’s lawsuit. They outlined a proposed legal amendment in a briefing note to the government in 2024.

    The centre-right government has been fiercely criticised over its lack of transparency in relation to this lobbying activity. The national ombudsman recently found that the Prime Minister’s Office effectively withheld information requested by the Environmental Law Initiative about meetings, discussions and conversations regarding Smith’s case.

    Green groups fail to stop bill

    The bill sparked huge concern among environmental campaigners in New Zealand and elsewhere. Greenpeace Aotearoa called it a “shocking abuse of executive power” and the vast majority of submissions to a parliamentary inquiry said it should be rejected.

    But in the end, it was adopted with little resistance, moving relatively smoothly through parliament, passing its third reading by 67 votes to 53. Sam Bookman, climate law lecturer at Melbourne Law School, told Climate Home News he was not surprised by this, given that the coalition government has a secure majority.

    A complaint has been made to the UN special rapporteur on climate change and human rights by Smith, the National Iwi Chairs Forum Pou Tikanga and youth coalition Climate Clinic Aotearoa over what they see as the government’s heavy-handed approach. Smith is also challenging the new law in yet another lawsuit.

    “Pathetic”: New Zealand plans to barely cut emissions between 2030 and 2035

    Bookman thinks it “very unlikely” that such a challenge will succeed, noting that New Zealand’s constitution is firmly anchored in parliamentary sovereignty.

    But the expert in climate law does not see the bill as the end of legal action in the country, noting that New Zealand has a “sophisticated climate litigation landscape with a growing number of specialist and experienced lawyers and NGOs”.

    The country is also approaching its next general election in November, and some opposition parties have pledged to restore access to the courts if elected.

    Amanda Larsson, global project lead on agriculture for Greenpeace International, said: “This law deserves to be tested, and I strongly encourage the international climate litigation community to unite and help defend New Zealanders’ fundamental right to hold polluters accountable before this becomes a global blueprint.”

    Copycat legislation on the rise

    New Zealand’s move is part of a small but growing legislative effort to shut down climate litigation around the world.

    In the US, Republican politicians introduced legislation in the House and Senate in April that would shield fossil fuel firms from climate liability lawsuits. Similar laws have already been passed at state level in Tennessee, Utah, Iowa and Louisiana.

    The German state of Bavaria has put forward a similar proposal to the Federal Council, aiming to block private climate claims as well as the recognition and enforcement of foreign judgments imposing such liability. There are also proposals to limit available remedies and actions in the Netherlands and Belgium.

    UN General Assembly backs “climate obligations” set by world’s top court

    Bookman said he expects more efforts to counter climate damages litigation and advised plaintiffs to think about how to respond, including drawing on broader support in opposing them.

    “Even though it’s very hard for plaintiffs to win these types of cases, companies are very eager to avoid the expense, embarrassment and political accountability that come even with unsuccessful lawsuits,” he said.

    The post New Zealand moves to protect business with law curtailing climate litigation appeared first on Climate Home News.

    New Zealand moves to protect business with law curtailing climate litigation

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    Indonesia’s nickel production cuts are not enough to create a sustainable industry 

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    Bhima Yudhistira Adhinegara is the Executive Director of the Center of Economic and Law Studies (CELIOS), an Indonesia-based economic think tank. Muhammad Zulfikar Rakhmat is the Director of the China-Indonesia desk at CELIOS. 

    Indonesia produces around 60% of the world’s nickel, a metal used to manufacture batteries for electric vehicles (EVs) – more than any other country in the world. But in 2026, the government sharply reduced how much of its nickel can be extracted from the ground.

    Production quotas were reduced by around 40% this year compared to 2025. Weda Bay, the largest nickel mine on Earth, had its allowance cut by more than 70% and exhausted its full-year quota by the end of May, halting mining entirely; it cannot resume large-scale extraction until next year unless regulators grant an extension.

    The policy has sparked a vivid debate in Indonesian policy circles: how can the country shift its strategy from a decade of mining vast quantities of cheap nickel to producing a high-value and low-carbon material that the rest of the world wants for EV batteries.

    The cuts aren’t a silver bullet to clean up Indonesia’s nickel industry, whose smelters are powered by coal – the most polluting fossil fuels. But alongside stricter enforcement of environmental rules, it is one side of efforts to produce more sustainable nickel for a premium.

    Restricting Indonesia’s nickel output

    Production quotas were introduced to stop the collapse of nickel prices because of oversupply in the market. Prices had fallen more than 40% in 2023 alone and kept sliding as Indonesian supply kept growing, hitting a four-year low of around $13,900 a ton in late 2025.

    Critics called the recent tightening of production quotas proof that Indonesia’s nickel strategy has failed, arguing that the industry shouldn’t need to throttle its own output to survive. But when assessed against what the policy was supposed to do – push up nickel prices – it has worked. Prices jumped to $20,000 a ton in May, the highest since 2024.

      Chinese industry groups representing companies that have invested billions to mine and refine the country’s nickel were furious, warning Indonesia’s president Prabowo Subianto that the cuts put $50 billion worth of investment at risk. But much of that Chinese capital is sunk into smelters and processing plants built specifically to run on Indonesian ore, and cannot simply be moved elsewhere. That gives Jakarta more room to hold its ground than the warning suggests.

      Stronger environmental enforcement

      Since the start of the year, Indonesia’s forestry task force has seized more than four million hectares of land from mines and plantations operating illegally in protected forests, collecting over two trillion rupiah ($113 million) in fines.

      This included 148 hectares seized from Weda Bay for lacking a forestry permit. The share of nickel produced from illegal small-scale mining also fell from about a quarter in 2022 to roughly 10% by 2024.

      The crackdown responds to serious environmental damages in the nickel industry. On Obi Island, a waste pond collapsed after heavy rain in June 2025, flooding three villages and killing a resident. Internal company tests found chromium-6 – a carcinogen – in the water, in quantities far above the legal limit. The footprint of another mine near Raja Ampat, which is home to some of the world’s richest coral reefs, grew 60-fold in just eight years.

      A coastal village is wedged between the sea and a large nickel mine in Indonesia
      The fishing villages of Tapunggaya in Sulawesi, Indonesia, are squeezed between the sea and an expanding nickel mine (Photo by Garry Lotulung/NurPhoto)

      The market is responding to early cleanup efforts. Low-carbon nickel now sells for a real premium, roughly $18,800 to $19,300 a ton compared with $17,900 to $18,300 otherwise, as carmakers seek to source cleaner materials to comply with the European Union’s new emissions rules for imports.

      In turn, this is incentivising the industry to do more to green its operations. Vale Indonesia’s smelter in South Sulawesi now runs almost entirely on hydropower, for example.

      None of this addresses coal use, however. Major Indonesian nickel producers still emitted an estimated 15 million metric tons of greenhouse gases in 2023. Indonesia may be cracking down on illegal mining and rewarding cleaner producers but it is still running its mines on the dirtiest fuel available.

      Unequal benefits

      For Indonesia to truly benefit from producing cleaner and high-value nickel, it needs to reap the economic benefits too. Although the industry has boosted the country’s economic growth, the reality on the ground tells a different story.

      Konawe in Southeast Sulawesi is home to a major smelting complex. Growth in the district jumped from 6% to 22% between 2015 and 2023, driven almost entirely by the nickel industry, according to a study by the Lowy Institute study. At the same time, poverty levels increased slightly and unemployment remained unchanged.

        In Halmahera, another epicentre of the nickel industry, spending by the poorest fifth grew just 5% between 2019 and 2022, compared with 28% for the wealthiest fifth, according to a separate study.

        Part of the reason for this inequality is the system for transferring mining royalties to district authorities where the mines are located. In theory, they are entitled to the largest share. But in practice, payments are delayed, companies routinely dispute what they owe and royalties are pooled and distributed across a larger area.

        The Natural Resource Governance Institute has found that decentralisation handed local governments power to approve new mines faster than they could build their capacity to manage them. Higher output raises national income on paper, but local governments remain constrained by fiscal rules and infrastructure costs that scale with mining.

        None of this makes the 2026 quota cuts a mistake. Indonesia has every right to defend its pricing power over a resource it controls. But limiting extraction isn’t going to fix underlying issues around environmental enforcement and revenue-sharing. That requires rules that are consistently enforced, royalties that reach communities living by the mines, and a plan to wean smelters off coal.

        The post Indonesia’s nickel production cuts are not enough to create a sustainable industry  appeared first on Climate Home News.

        Indonesia’s nickel production cuts are not enough to create a sustainable industry 

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        Risk of “catastrophic” oil spill reaching Kimberley coast found in Woodside’s Scott Reef gas drilling plans

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        SYDNEY, Monday 24 August 2026 – New analysis of Woodside modelling released by Greenpeace Australia Pacific and Environs Kimberley has revealed the oil and gas corporation’s plans to drill at Scott Reef could cause an oil spill up to 30 times bigger than the 2009 Montara disaster, impacting the Kimberley coastline and reaching as far as Indonesia.

        The new analysis details the “catastrophic” oil spill risk put to environmental regulators for approval by Woodside in its Browse to North West Shelf Project (Browse) plans, the worst-case scenario being a blowout directly below Scott Reef, polluting whale migratory pathways and covering isolated turtle nesting ground with oil condensate.

        An FOI application (F348) revealed the federal environment department (DCCEEW) asked offshore oil and gas regulator NOPSEMA to look into the oil spill risk in 2025. NOPSEMA’s response to the application refused access to its report, and one document shows DCCEEW sought further advice this year.

        Greenpeace and Environs Kimberley are calling on the Federal Government to publicly release the NOPSEMA report given the risk of an uncontrolled release of oil condensate from directly below Scott Reef.

        Hannah Schuch, Senior Campaigner at Greenpeace Australia Pacific, said: “Woodside is aware that drilling at Scott Reef risks a massive oil spill that would have severe, far-reaching consequences. It appears environmental regulators are aware too.

        “The state and federal governments need to take this risk from Woodside’s drilling plans seriously, as they could end up allowing the worst oil spill in Australian history.

        “The pygmy blue whales that migrate up and down the WA coast with their newborns each year could be swimming and feeding in toxic, oil-slicked water. Woodside’s proposal to drill at Scott Reef is an environmental disaster waiting to happen, and the WA and federal governments have one surefire way to prevent catastrophe — reject Browse.”

        Martin Prichard, Executive Director at Environs Kimberley, said: “A catastrophic oil spill by Woodside would be disastrous not just for marine life in the area but also for the Kimberley’s $500 million tourism industry.

        “The state and federal governments will see five marine parks on the Kimberley coast included in the risk area of a catastrophic Woodside oil spill.

        “The Montara oil spill was disastrous for West Timor with the toxic oil destroying seaweed farmers’ livelihoods. The Kimberley dodged a bullet with Montara, we were lucky the spill didn’t head our way. Myself and a crew flew over the Montara oil spill and followed it as far as we could. It was like a scene from a disaster movie.”

        After the WA Environmental Protection Authority deemed Browse “unacceptable” due, in part, to oil spill risk, Woodside submitted a mitigation plan based on technology that has never been used “in anger”, a weakness stated in an independent expert review of the plan.

        Professor Richard Steiner, independent oil spill expert, said: “A large offshore spill is impossible to effectively contain or recover. Historically, only 2-6% of total spill volume is recovered and the ecological injury from the release of toxic hydrocarbons in the sea can be severe, extensive, and long-term.

        “Here in Alaska, government research concludes that several marine populations injured by the 1989 Exxon Valdez oil spill, including whales, fish, and seabirds, are still not recovering today, 37 years later. We should expect similar long-term ecological impacts in Western Australia if there were to be a major oil spill. The only sure way to avoid the risk of a catastrophic marine oil spill is to not develop oil and gas projects in marine environments.”

        -ENDS-

        Media contact

        Emma Sangalli on emma.sangalli@greenpeace.org or 0431 513 465

        Risk of “catastrophic” oil spill reaching Kimberley coast found in Woodside’s Scott Reef gas drilling plans

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