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Today’s climate crisis is already worse than scientists predicted, yet governments continue to pour billions of dollars of public funds into the single-biggest source of greenhouse gas emissions: fossil fuels. Activists have been protesting against this for years, and now we’re seeing the fight spill into courtrooms. In the face of climate breakdown, civil society is sending a clear message: governments that continue to use taxpayers’ money to fund fossil fuels should expect a lawsuit.

Litigation has the power to make or break fossil fuel expansion. With more than 2,000 cases filed across the globe since 2017, climate litigation has, so far, focused on the shortcomings of government or company policies, challenging inadequate emissions reduction targets or reparations linked to climate damages. Today, we’re seeing a new wave of climate litigation focused on institutions that channel public finance towards fossil fuels – with recent lawsuits in Australia, the UK, Mozambique, Brazil, South Korea and beyond.

These lawsuits allow citizens to take back control over their public finances and force public financial institutions – whose investments are notoriously opaque – to become more transparent. One critical step governments can take to avoid such lawsuits is to live up to their commitments and come to a global agreement on oil and gas export finance restrictions at an Organisation for Economic Cooperation and Development (OECD) meeting coming up in mid-March.

Clean, cheap or fair – which countries should pump the last oil and gas?

The UK, Canada and EU already tabled a proposal for such restrictions which, with sufficient support, can succeed in limiting public finance for fossil fuels. This would free up billions of dollars that can be reinvested in reliable, affordable and secure renewable energy, efficiency measures, and facilitating a just transition. To achieve this, getting the US on side is key, after which remaining OECD members will likely follow. If President Biden is serious about tackling climate change, it’s vital that he backs strong measures to stop international finance for fossil fuels.

Despite the US, as well as several G20 countries and major multilateral development banks (MDBs), committing to end international public finance for fossil fuel projects by the end of 2022, they continue to pour billions of dollars into international fossil fuel projects. Data also shows that far more public money goes into fossil fuels than renewables or energy efficiency measures. G20 governments and MDBs provided at least $55 billion for fossil fuels each year from 2019-2021, while allocating only $29 billion to renewables. Bankrolling these toxic industries is fundamentally incompatible with limiting global heating to 1.5C, which, according to the International Energy Agency, requires an immediate stop to investments in new coal, oil, gas and Liquefied Natural Gas (LNG) infrastructure.

State support for gas exports

A crucial part of this fight is holding Export Credit Agencies (ECAs) and similar development institutions accountable. ECAs are government-owned or controlled institutions that provide financing, often at subsidised rates, to large infrastructure projects around the world. ECAs are the world’s largest public financiers of fossil fuels, providing seven times more support for fossil fuels ($34 billion) than clean energy projects ($4.7 billion) between 2019 and 2021.

Without government-backed finance, these projects may not otherwise go ahead. This is especially true for the expansion of more than 80% of new LNG exports over the last decade. While President Biden’s recent announcement of a pause in approvals for new LNG export terminals in the US is welcome, we need to make much more rapid progress to stay within safe planetary limits. A crucial part of this fight is holding ECAs to account and governments to comply with international law.

Civil society groups are turning to the courts. The NGO Jubilee is suing Export Finance Australia and the Northern Australia Infrastructure Facility for failing to adequately report the environmental effects and climate impacts linked to their financing activities, which play a crucial role in determining how ECAs disclose relevant information.

Last year, Friends of the Earth UK took the UK’s ECA to court over its investment in a major LNG project in Mozambique. Friends of the Earth argued that the $1.15 billion in export finance support was unlawful, inconsistent with the latest science, and incompatible with the Paris Agreement. Although the court ruled in favour of the ECA, the case exerted enough pressure to stop funding for new overseas fossil fuel projects. Without the publicised court battle flagging the issue for the UK public and policymakers, this result may never have been achieved.

In Brazil, the human rights NGO Conectas sued the Brazilian Development Bank for failing to assess the negative climate impacts of its investments. Similarly, South Korean ECAs were challenged over the funding they provided for the Australian Barossa gas pipeline project, which would run through a protected marine park, forcing the financiers to review the necessity of LNG imports, as well as their environmental impacts.

Despite Cop28 pledge, France keeps fossil fuel subsidies for farmers

At COP26, 34 governments, including a majority of OECD members, signed up to the Clean Energy Transition Partnership (CETP), pledging to end international public finance for unabated fossil fuels by the end of 2022. Despite this, governments are failing to keep their promises and continue to fund international fossil fuel projects. The Jubilee case comes at a time when Australia announced its commitment to the CETP – we now need to see policies follow commitments. Put simply: when governments make promises, they need to keep them, or the courtroom awaits.

Maria Alejandra Vesga Correa is a legal officer in the global public finance team at Oil Change International. Leanne Govindsamy is programme head for corporate accountability and transparency at the Centre for Environmental Rights. Lorenzo Fiorilli is a lawyer working on public finance, energy markets and competition with ClientEarth.

The post When governments fund fossil fuels, it’s time to take them to court  appeared first on Climate Home News.

When governments fund fossil fuels, it’s time to take them to court 

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‘Rapid Explosion’ of Data Centers Causes Planning Struggles in Texas

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As companies look to build projects that consume more power than cities, ERCOT is trying to plan transmission.

The “rapid explosion” of large load users looking to connect onto Texas’ electric grid are being built faster than traditional transmission planning can manage, according to the Electricity Reliability Council of Texas (ERCOT) the state’s grid operator.

‘Rapid Explosion’ of Data Centers Causes Planning Struggles in Texas

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 In the Outer Banks, 12 Homes Have Collapsed Into the Sea Since September

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A growing number of homes are getting swallowed by the sea in the Outer Banks islands of North Carolina. Local governments and homeowners are at a crossroads.

The Outer Banks of North Carolina attracts more than 5 million visitors annually who prize this 200-mile stretch of islands as a Southern beach paradise.

 In the Outer Banks, 12 Homes Have Collapsed Into the Sea Since September

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Bolivia’s shift to the right renews ambition to mine vast lithium reserves

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Bolivia’s election of centre-right President-elect Rodrigo Paz Pereira could see the country open its vast lithium resources to foreign investors to bolster its faltering economy – a move that could benefit the US after years of hostility toward Washington, analysts say.

Paz, a senator and the son of a former president, won the country’s election earlier this month, ending two decades of left-wing rule, which constrained foreign investment in the South American nation’s mineral wealth.

The change in government may be welcomed by investors in the US, which is seeking to secure access to minerals that are critical for clean technology and military equipment, to counter China’s supply chain dominance, and has previously raised concerns over Chinese investments in the region’s lithium industry.

Lithium is a key material to manufacture rechargeable batteries for electric vehicles and energy storage.

Bolivia makes up less than 1% of global lithium production despite possessing some of the world’s largest reserves, with an estimated 23 million tonnes, or 20% of the global total.

Paz has pledged to seek overseas partnerships to tap these reserves. But he will have to balance engaging the US with maintaining investment from China and Russia initiated by his predecessors.

“Exactly what he does on this issue will determine his relationship with China and Russia,” said Farit Rojas, a professor at the Higher University of San Andrés in La Paz.

At the same time, the political reset could provide Bolivia with a critical opportunity to set clearer and stricter environmental and social standards for developing its burgeoning lithium sector, analysts told Climate Home News.

Bolivia’s lithium dream

Paz’s election comes at a pivotal moment for the country. It is mired in an economic crisis spurred by runaway inflation caused by a foreign currency shortage, leaving people waiting in long lines for fuel and essentials like cooking oil.

Converting lithium reserves into a profitable export industry would bring much needed dollars into the country.

But doing so would require amending Bolivia’s constitution to allow private firms to extract the mineral. That privilege was restricted to Bolivia’s state-owned companies under the 20-year rule of the Movement for Socialism (MAS), the party formerly led by ex-President Evo Morales.

    Constitutional restrictions and past rejection of foreign investment mean Bolivia’s lithium resources remain largely untapped compared to neighbouring Argentina and Chile, whose deposits are of higher quality.

    A significant share of Bolivia’s deposits also lie beneath the Salar de Uyuni salt flats, a major tourist attraction.

    Paz, whose party does not have a legislative majority, has yet to say whether and how he will amend Bolivia’s constitution. But he has pledged not to “sell out” Salar de Uyuni.

    US, China and Russia: a balancing act

    His first months in office will be watched closely by the Trump administration. Following Paz’s election victory, the US Department of State pledged to work with him on “shared goals of regional and global security, economic prosperity, and growth that will benefit our nations”.

    For the US, this could be an opportunity to break China and Russia’s grip on Bolivia’s lithium reserves, said Pablo Hamilton, a Chilean mining lawyer connecting foreign investors with energy opportunities in Bolivia.

    In 2024, Bolivia’s state-owned Yacimientos de Litio Bolivianos lithium company signed contracts worth a combined $2 billion with Chinese and Russian firms to extract lithium beneath the Salar de Uyuni salt flats. The year prior, it signed a $1.4 billion deal with Chinese battery manufacturing giant CATL to develop its lithium resources.

    AI and satellite data help researchers map world’s transition minerals rush

    But those contracts – which have yet to be approved by Bolivia’s legislature – have been sharply criticised by scientists, Indigenous peoples and local communities because of a lack of transparency over the consultation process, inconsistencies within the contracts and environmental risks. Paz has pledged to review the contracts.

    Cancelling the contracts could cause investors to worry about policy volatility, Hamilton told Climate Home News. But the administration could justify doing so if it can prove allegations of corruption that have swirled around the deals. It could also provide an opportunity to establish stricter mining standards that provide certainty to potential investors.

    Investors “don’t know what to expect”

    “The rules are not clear enough. It’s very concerning that investors don’t know what to expect,” Hamilton said. “This is a great opportunity to [mandate] a free, prior and informed consultation process and environmental impact assessments – really professional ones, not just to tick the box.”

    To attract foreign investment, Paz will likely seek to build public-private partnerships, which will require greater engagement from local actors than in the past, Hamilton said.

    In the area surrounding Salar de Uyuni, Indigenous groups have lost trust in the government, citing the shadowy allocation of mining contracts and saying their communities have not benefited from mining.

    They also worry that additional extraction would deplete the limited freshwater resources they rely on for farming, said Gonzalo Mondaca of environmental organisation Cedib, which works with communities living in the lithium-rich region.

    Efforts to green lithium extraction face scrutiny over water use

    The proposed Chinese and Russian extraction plans would use direct lithium extraction (DLE), a group of technologies that proponents say can help extract more lithium with fewer environmental impacts but which still uses large amounts of water.

    But existing environmental assessments are not sufficient to understand the impact of the technique on the salt flat’s ecosystem, said Mondaca.

    On the campaign trail, Paz also said he would seek to export the magnesium byproducts of lithium extraction to the US and China.

    However, that plan requires a high level of technological development and Bolivia currently lacks the necessary infrastructure, said Mondaca.

    Even if the new president manages to clear constitutional hurdles to liberalise the country’s lithium sector, “there is still a long way to go,” he added.

    The post Bolivia’s shift to the right renews ambition to mine vast lithium reserves appeared first on Climate Home News.

    Bolivia’s shift to the right renews ambition to mine vast lithium reserves

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