Logo
  • Email
  • LinkedIn
  • RSS
  • Twitter



This website is authored by Lester Levy, Esq.
a founding member of JAMS.

  • About
    • About Lester Levy
  • The Basics of Environmental Mediation
    • What types of Environmental Cases can be mediated?
    • The Benefits of Environmental Mediation
    • The Environmental Mediation Process
    • Insurance Company Involvement
    • The Mediation Outcome
  • Case Studies
    • Case Study 1: Objectivity as Resolution Tool Provided Through A Neutral Expert
    • Case Study 2: Working Together
    • Case Study 3: Swift, Fair and Efficient: Awarding Compensation to Toxic Tort Victims
    • Case Study 4: Sequenced Regulatory and Insurance Negotiations
    • Case Study 5: How Communication Both Causes and Ends Conflict
  • Blog
  • In the News
  • Contact
You are here: Home / Archives for climate change

The inter-generational theft of Brexit and climate change

July 6, 2016 by Environmental ADR Editor Leave a Comment

intergenerational-theft-Brexit-climate-changeIn last week’s Brexit vote results, there was a tremendous divide between age groups. 73% of voters under the age of 25 voted to remain in the EU, while about 58% over the age of 45 voted to leave.

This generational gap is among the many parallels between Brexit and climate change. A 2014 poll found that 74% of Americans under the age of 30 support government policies to cut carbon pollution, as compared to just 58% of respondents over the age of 40, and 52% over the age of 65.

Inter-generational theft
The problem is of course that younger generations will have to live with the consequences of the decisions we make today for much longer than older generations. Older generations in developed countries prospered as a result of the burning of fossil fuels for seemingly cheap energy.

However, we’ve already reached the point where even contrarian economists agree, any further global warming we experience will be detrimental for the global economy. For poorer countries, we passed that point decades ago. A new paper examining climate costs and fossil fuel industry profits for the years 2008–2012 found:

“For all companies and all years, the economic cost to society of their CO2 emissions was greater than their after‐tax profit, with the single exception of Exxon Mobil in 2008.”

And as political journalist Nicholas Barrett said in a comment that subsequently went viral:

“The younger generation has lost the right to live and work in 27 other countries. We will never know the full extent of the lost opportunities, friendships, marriages and experiences we will be denied. Freedom of movement was taken away by our parents, uncles, and grandparents in a parting blow to a generation that was already drowning in the debts of our predecessors.”

Thirdly and perhaps most significantly, we now live in a post-factual democracy. Read More

Filed Under: In the News Tagged With: Brexit, climate change, EU

Leaving the EU would put our environment at risk

June 3, 2016 by Environmental ADR Editor Leave a Comment

Leaving-EU-environment-riskOn Thursday the Prime Minister will make the environmental case for Britain’s place in Europe. He is right to bring this important issue to the top of his agenda.

How nature is managed and protected affects us all, and the outcome of the EU referendum will have profound implications for the future of our countryside, wildlife, rivers and seas.

The World Wildlife Fund (WWF) and the Royal Society for the Protection of Birds (RSPB) will not be telling people how to vote, and we recognise that voters will be weighing up a range of issues when casting their votes on June 23.

But our supporters, staff and volunteers all share a concern for nature – David Cameron’s intervention should encourage everyone to put environmental considerations at the heart of the referendum debate.

The evidence shows that the EU, and the UK’s membership of it, has on balance had a positive impact on the environment in the UK, across Europe and indeed globally – from protecting forests and wildlife and preserving rare species to improving air and water quality, and cutting global emissions.

EU standards have safeguarded streams and rivers that are home to much-loved British wildlife such as water voles, kingfishers, brown trout, otters and the bittern. They have helped protect and restore precious heaths and woodlands that are essential for butterflies and bees. Read More

Read the entire article at The Telegraph.

This was originally published on The Telegraph written by David Nussbaum.

Filed Under: In the News Tagged With: Brexit, climate change, environment, EU Referendum

A Place Where Lightning Strikes Almost 300 Days a Year

June 3, 2016 by Environmental ADR Editor Leave a Comment

Venezuela-lightening-strikesThey call it “the Never-Ending Storm of Catatumbo,” or “Maracaibo’s Lighthouse.” Its lightning is so familiar, people in the state of Zulia in Venezuela even put it on their flag.

Less than half an hour after the first cloud forms, it starts to flash. It does this faster and faster — 200 flashes a minute is not uncommon. After that, the cloud becomes a giant bulb that lights up the night.

“You can read a newspaper in the middle of the night because it’s so bright,” said Jonas Pointek, a photographer who has documented the storms.

Locals in the area known as Lake Maracaibo, by the Catatumbo River in Venezuela, can expect a display of this sort during more than 80 percent of the year, mainly from April to November — an average of 297 days, to be exact, according to an analysis published in the Bulletin of the American Meteorological Society.

This was enough that NASA has declared the area the lightning capital of the world, dethroning Africa’s Congo Basin. The reason for the change: Sixteen years worth of data from the lightning sensors on a satellite allowed the team to analyze the numbers with unprecedented precision.

“Storm chasers have to drive down highways or up mountains,” said Alan Highton, of Catatumbo Camp, who has specialized in lightning tourism in the area for eight years. “But the unique thing about the Catatumbo is you can just sit there at our camp, drink a cold beer, and the storms will come to you.” He says the prettiest storms come in November, and according to the data, they peak in September. Read More

Read the entire article at The New York Times.

This was originally published on The New York Times written by Joanna Klein.

Filed Under: In the News Tagged With: climate change, environment, lightening, storm chasers

Oil company records from 1960s reveal patents to reduce CO2 emissions in cars

June 3, 2016 by Environmental ADR Editor Leave a Comment

oil-company-reduce-CO2The forerunners of ExxonMobil patented technologies for electric cars and low emissions vehicles as early as 1963 – even as the oil industry lobby tried to squash government funding for such research, according to a trove of newly discovered records.

Patent records reveal oil companies actively pursued research into technologies to cut carbon dioxide emissions that cause climate change from the 1960s – including early versions of the batteries now deployed to power electric cars such as the Tesla.

Scientists for the companies patented technologies to strip carbon dioxide out of exhaust pipes, and improve engine efficiency, as well as fuel cells. They also conducted research into countering the rise in carbon dioxide emissions – including manipulating the weather.

Esso, one of the precursors of ExxonMobil, obtained at least three fuel cell patents in the 1960s and another for a low-polluting vehicle in 1970, according to the records. Other oil companies such as Phillips and Shell also patented technologies for more efficient uses of fuel.

However, the American Petroleum Institute, the main oil lobby, opposed government funding of research into electric cars and low emissions vehicles, telling Congress in 1967: “We take exception to the basic assumption that clean air can be achieved only by finding an alternative to the internal combustion engine.” Read More

Read the entire article at The Guardian.

This article was originally published on The Guardian written by Suzanne Goldenberg.

Filed Under: In the News Tagged With: carbon dioxide, climate change, energy, environment

Our Environment is a Precious Resource and Should be Treated as Such

March 20, 2016 by Lester Levy Leave a Comment

Our Environment is a Precious ResourceA New York Times article on March 17th includes an op ed., stating in part,

“Water may be the most important item in our lives, our economy and our landscape about which we know the least.”

Concurrently, the Washington Post ran an article reporting that:

“The World Health Organization has put a number on the people estimated to have died as a result of living or working in an unhealthy environment and it’s big — 12.6 million. That number represents one in four of all deaths globally and underscores the devastating impact of the chemicals and waste we’ve been putting into the air, water and earth since the end of World War II.”

These reports underscore many of the themes that I have been writing about these last few months:  Why do we leave these critical issues to resolution as we might any other tort-based claim.  By contrast, the societal impacts of pollution directly affect our health and enjoyment of our natural environment.  The costs of investigation and cleanup – whether in the form of scientific remediation or as damages to those injured by the contamination – are borne directly by our business communities and the American taxpayers.  Further, we spend far too many discretionary dollars in moving these cases through an over-burdened and overly expensive court system – which is not designed to handle the difficult scientific and regulatory issues that predominate in environmental cases. [Read more…]

Filed Under: Mediation vs. Litigation Tagged With: ADR, alternative dispute resolution, climate change, environmental clean up, environmental disputes, environmental mediation

How protecting the environment changes human nature

March 11, 2016 by Environmental ADR Editor Leave a Comment

protecting the environment changes human natureEstablishing nature preserves and other types of protected areas is one of the most common conservation strategies — and its benefit to the environment is clear. What’s less obvious, though, is how these protected areas affect the human communities nearby.

It’s an important question to consider, not only from a social standpoint, but from a conservation perspective as well: If a local community reacts negatively to the establishment of a preserve — which changes the ways in which they’re permitted to interact with the environment — it may be less likely that the protections will last or be successful in the long run.

Until now, it’s an issue that’s been poorly investigated. But a new study, published Friday in the journal Science Advances, may open the door to a new vein of research aimed at fostering greater understanding of the potential of protected areas for both environmental and human well-being. The study finds that protected areas may actually change the social structure of their associated human communities, inciting both higher degrees of cooperation and competition among community members — but with a net outcome that, in the right circumstances, can give a boost to overall social cohesion.

“This creative study provides some of the first experimental evidence showing that both negative and positive interactions can intensify after a cooperatively based human network is formed,” said Brian Silliman, a professor of marine conservation biology at Duke University (who was not involved with the new study) by email.

The new study, led by researcher Xavier Basurto, focuses on the social effects of marine protected areas off the coast of Baja California, Mexico.

“A lot of work has been done on the biological effects of marine protected areas, and much less work has been done trying to understand the effects that they have in fishing communities, or in the communities on the coastline that are influenced by marine protected areas,” said Basurto, an assistant professor of sustainability science at Duke University. Read More

Read the entire article at The Washington Post.

This was originally published in The Washington Post written by Chelsea Harvey.

Filed Under: In the News Tagged With: climate change, eco-friendly, environment, nature, nature preserves, protected areas

Groundwater in New York: A Threatened Resource?

March 4, 2016 by Environmental ADR Editor Leave a Comment

Groundwater in New York: threatenedNew York State residents have long enjoyed high quality, affordable potable water; the result of the State’s protected source waters and reservoirs, and robust testing and filtration programs. In fact, most New Yorkers have taken the quality of their potable water for granted. But in recent weeks two upstate New York towns – Hoosick Falls and Petersburg – have detected elevated levels of perfluorooctanoic acid (PFOA) in their drinking water supplies, leading state and federal authorities to warn residents against using tap water for human consumption.

There is no reason to believe that the elevated PFOA levels detected in the Hoosick Falls and Petersburg water supplies are indicative of a far-reaching problem with the safety of New York’s municipal water supply systems. However, given the recent tragedy in Flint, Michigan, where elevated levels of lead in the city’s water system were apparently ignored by city, state and federal regulators, and initial criticisms leveled by residents against the State for its response in Hoosick Falls, the State has sprung into action on several fronts. These actions may impact the operations of those providing private and public potable water as well as manufacturing companies throughout New York State whose operations have or may be impacting the quality of the water source.Read More

Read the entire article at Lexology.

This was orifginally published on Lexology written by Phillips Lytle LLP

 

Filed Under: In the News Tagged With: climate change, environment, Flint, ground water, New York, NYS, water contamintation

Supreme Court Deals Blow to Obama’s Efforts to Regulate Coal Emissions

February 10, 2016 by Environmental ADR Editor Leave a Comment

Regulate Coal Emissions - climate controlWASHINGTON — In a major setback for President Obama’s climate change agenda, the Supreme Court on Tuesday temporarily blocked the administration’s effort to combat global warming by regulating emissions from coal-fired power plants.

The brief order was not the last word on the case, which is most likely to return to the Supreme Court after an appeals court considers an expedited challenge from 29 states and dozens of corporations and industry groups.

But the Supreme Court’s willingness to issue a stay while the case proceeds was an early hint that the program could face a skeptical reception from the justices. [Read more…]

Filed Under: In the News Tagged With: climate change, EPA, global warming, solar power, supreme court

Tweets by @environmentadr

Environmental Mediation Newsletter

Sign up to receive my environmental mediation newsletter on a monthly basis

Tags

ADR agriculture alternative dispute resolution Apple Apple phones big data Bio diversity Brexit class actions climate change contamination data data analysis eco-friendly environment environmental clean up environmental disputes environmental mediation environmental technology EPA farmed fish Flint global water challenge green living infrastructure legal strategy litigation alternative mediation mediation process mediation vs. litigation nature negotation New Jersey pollution oceans protected areas recycling renewable energy role of mediator settlement sustainability technology toxic tort water water contamintation water summit

About Me

lester-levy

I strongly believe in the value of mediation – said another way, environmental mediation really works. I would go even further: I believe that environmental disputes are perfectly suited to the mediation process – perhaps more so than any other area of legal practice. I have formed these views after mediating environmental cases for more than 20 years, throughout the United States, and having worked with thousands of lawyers, companies, insurance carriers, regulatory agencies and courts. My … Read more

My Latest Posts

  • The inter-generational theft of Brexit and climate change
  • Our Drinking Water Regulation Is So Weak Even Flint’s Water Got A Pass
  • Environmental Mediation: A New Paradigm for Resolving Multi-Party Disputes
  • Flexibility Is Key to Success in Mediation
  • Leaving the EU would put our environment at risk

Connect with Me

Lester Levy

JAMS- New York
620 Eighth Ave. (NY Times Building)
34th Floor
New York, NY 10018
P (212) 751-2700

JAMS- San Francisco
2 Embarcadero Center
Suite 1500
San Francisco, CA 94111
P (415) 982-5267

Copyright 2016-2020 Lester Levy | Site developed by Good2bSocial