Why did you become involved in climate justice? Prof. Smith: I see climate action as the most important issue, and I wanted to devote the equivalent of full time work to it. The WCC Commission on Climate Justice and Sustainable Development seemed like an outstanding way to do that. I’m also deeply involved in the church through the United Church of Christ. I feel called to the ministry of climate and water justice. I am also a litigator by trade. As a professor, I observed what’s been happening with respect to climate litigation. Some of the most important climate advances in many countries have been fostered by litigation—usually domestic litigation, not international litigation. What has been your work through the WCC Commission on Climate Justice and Sustainable Development? Prof. Smith: Like all members of the commission, I am deeply committed to climate justice and I try to contribute to its work expanding climate action by member churches. I have been working with the WCC to develop strategic litigation cases in the US. The WCC is interested in trying to tackle something that deals with the financing of root-causes of climate change. At least in the American system, suing banks that finance climate destruction is tough; most tort cases will not reach the banks because they are a step removed from the corporations responsible for major greenhouse gas emissions. I am also a member of the commission’s Land, Water, and Food Work Group, which deals with the realization of human rights to water and food, and related Sustainable Development Goals. What cases are you currently most interested in? Prof. Smith: The climate case in which I am most interested would address damage to people’s health from wildfire smoke because that’s the thing that ordinary tort lawyers aren’t likely to reach. Tort lawyers look for big damages, not so-called “little damages.” Where a fire destroys people’s homes, injures them, or kills them, those are big dollar cases. In my area, we had the Labor Day fires in 2020; they were horrendous. The ignition sources were grasslands fires that crossed the Cascades and then PacifiCorp failed to tun off the power when there were really high winds. These fires produced highly dangerous smoke. It’s really clear to me that everyone in the Willamette Valley was exposed to levels of smoke sufficient to cause cardiac damage and lung damage. It’s that smoke damage that I’m personally most interested in. What about the recent fires close to Los Angeles, California? Prof. Smith: The Los Angeles fires were whipped up to the level they were by the Santa Ana winds, which blew the smoke mostly out to the ocean. So the smoke damage in the Los Angeles fires was limited. I think there is a case to be made certainly against big greenhouse gas emitters for smoke damages associated with recent Oregon wildfires. I am in the process of getting approval from my church council for us to bring or join climate litigation with respect to wildfires. Wildfire smoke most affects the kids and the elderly. I happen to be 71 years old, so I’m in a vulnerable group myself. What is so dangerous about the smoke? Prof. Smith: To give you a sense, the most vulnerable groups start being endangered with a smoke index of 100. Our levels were, for several days, at 750. Our experience in Salem is not at all unusual; all over the state of Oregon, we’ve had wildfires that have brought those hazardous levels of smoke to our major cities and to small rural towns. One town up in the Cascades, Oakridge, just gets hammered every year by smoke of this sort—just repeatedly. It’s a very significant health risk. The Los Angeles fires, I honestly think, will be dealt with by the conventional tort system. But the other places in the West that suffer from smoke impact won’t be. In those cases, the litigation could be brought against major emitters of greenhouse gasses for creating the ultra-hazardous conditions giving rise to wildfires. What are the major emitters liable for? Prof. Smith: It doesn't matter whether the immediate ignition source is lightning, an electric wire, or someone leaving their campfire burning. The real case against major emitters related to the wildfires we've been experiencing is the level of fuel that’s available because our forests and grasslands are so desperately dry due to climate change. You just add wind and a spark to an ultra-hazardous situation. Creating that ultra-hazardous situation really should give rise to strict liability. Certainly knowingly creating these ultra-hazardous conditions is at least negligent. Why should churches become involved in this type of of litigation? Prof. Smith: We in the church have a command to take care of the poor and marginalized. It's those people who are least likely to be compensated and protected by the current system. You now have people who are struggling to put food on the table who are also struggling with the health effects of wildfires. Does the current US political context present a challenge? Prof. Smith: The federal government should be our protector with respect to all the conditions of life and liberty. Right now we have a federal government that is not fulfilling that charge in any sense. There are people who are committing what I think of, honestly, as environmental crimes—the people in charge of corporations responsible for huge greenhouse gas emissions. We have to call it what it is: it’s homicide. It’s certainly criminally negligent homicide. The people in charge of producing oil and gas, and burning coal, and the banks that fund them, know they are creating devastating wildfires, extreme heatwaves, and extraordinarily dangerous hurricanes. They know that hundreds of thousands of people die every year from the events made inevitable by the destruction of our climate. Legal action can create tangible hope, seeking to change deadly corporate behavior in the direction of life, life for humanity and the rest of God's creation. Young leaders share insights and passion for intergenerational climate justice (WCC news release, 08 November 2024) When can legal action be a climate justice tool? WCC project will provide answers (WCC news release, 12 September 2024) Faith-based organizations urged to set example in climate-responsible banking (WCC news release, 04 July 2024) WCC Publication "Faith in Land, Faith in our Children’s Future: Using Our Power as Bank Clients to Combat Desertification" Learn more about Churches’ Commitments to Children and Climate-Responsible Banking
Churches and partners who would like to join the WCC project “Legal action by churches for intergenerational justice” are invited to send a note to churchesforchildren@wcc-coe.org. | 
On January 20th, the United States saw a return to the peaceful transition of power as Donald Trump succeeded Joe Biden as the 47th Presiden...
No comments:
Post a Comment