THANK YOU:

To all of our eagle-eyed readers who reminded us the correct acronym for the international organization calling for an immediate halt to oil and gas exploration and coal plant construction is in fact IEA, not EIA as yesterday's subject line indicated.

Climate Change Flooded 36,000 Homes, 71,000 people In Superstorm Sandy: Human-caused climate change was responsible for $8 billion of the damage inflicted by Superstorm Sandy in 2012, new research published Tuesday in Nature found. The additional flooding attributed to melting glaciers and ice sheets affected an additional 71,000 people, and just the climate-caused damage on its own would have been the fourth-most expensive weather-related disaster of last year's record-shattering 22 billion-dollar disasters. Researchers calculated sea levels around New York City were almost 4 inches higher, and that the storm surge flooding caused by those extra four inches accounted for a full 13% of the storm's overall monetary damage with dramatically higher damage caused by every additional inch. In some places the additional flooding caused massive damage that would have otherwise been completely avoided, like basement apartments at the outer edge of where it flooded. Elsewhere, just a few inches made a big difference, like where flood waters rose just above a home's lowest electrical outlet, requiring extensive repairs. Overall, the study found an additional 36,000 homes were flooded because of climate change. "I often hear people say when we're trying to help them adapt to increasing coastal flooding, 'Well, it's not going to happen in my lifetime. The sea-level rise won't happen in my lifetime,' " Philip Orton, a co-author of the study, told NPR. "But it's already happening to people. It's already here." (AP, NPR, Reuters, Bloomberg $, Grist, AFP, The Verge, Scientific American, CBS, Reuters, The Guardian, AccuWeather, The Hill; Climate Signals background: Hurricane Sandy, Storm surge increase, Sea level rise)

Colonial Pipeline Shutdown Reflects Climate Threats: The chaos and panic set off when Colonial Pipeline shut down 45% of the East Coast's fuel supply to protect its billing system after a ransomware attack shows how tenuous American energy stability is, and reflects how ill-prepared the nation's grid and energy systems are to face 21st century threats like climate change, the New York Times reports. A climate-fueled heatwave last summer put the California grid under so much stress a mistake by PG&E caused rolling blackouts and a deep freeze in Texas last February caused widespread gas system failures that led to at least 111 deaths. “Our traditional strategies for producing and delivering energy are under threat by climate and by cyberterrorists,” EDF's Mark Brownstein told the Times. “As we move toward a cleaner and more sustainable energy future, we also need to move toward one that fundamentally has more resilience.” (New York Times $)

Hurricane Season Raises NC Fears Of Pig Poo-llution: North Carolina residents and local environmental groups are worried the coming hurricane season will once again unleash massive pollution from the state's thousands of hog waste lagoons, Environmental Health News reports. In addition to releasing foul odors and ultra-heat-trapping methane gas, the massive open ponds of pig feces are vulnerable to flooding by hurricanes and heavy rains, releasing harmful bacteria and other pollution from untreated animal excrement directly into local waterways. NOAA predicts a higher than average hurricane season for North Carolina in 2021, bringing back memories of Hurricane Matthew in 2016 and Hurricane Florence which damaged or flooded at least 110 hog lagoons two years later. A 2016 Environmental Working Group analysis found 306 of the state's roughly 4,000 hog farms were located within a 100-year flood plain or within half a mile of a public well with the majority concentrated in and around predominantly Black and low-income communities. And even if there isn’t flooding, in advance of a storm the hog manure is sprayed onto fields to lower the likelihood the lagoon will flood, merely putting the E. Coli and salmonella-laden manure mixture into a place where it is just as likely to runoff into waterways once the storm hits, leaving surrounding communities polluted- just as a precaution. (Environmental Health News; Climate signals background: Hurricanes, extreme precipitation)

(ENVIRONMENTAL) INJUSTICE: Poor people underrepresented in climate studies — analysis (E&E $)

COP26: UK climate champion ‘stubbornly optimistic’ about net zero deal at UN talks (The Guardian), UK's COP26 president Sharma: we need more urgency from China on climate promises (Reuters)

CLIMATE LITIGATION: Teenagers are winning climate fights one court case at a time (Bloomberg $), the Supreme Court sidesteps a full climate change ruling, handing industry a procedural win (InsideClimate News), BP v. Baltimore sets stage for broader climate brawl (E&E $)

CYCLONE TAUKTAE: Cyclone Tauktae leaves trail of devastation in western India, fuelled by a warming sea (Climate Home), Indian Navy searches for 75 missing at sea after deadly cyclone hits west coast (CNN), 90 missing at sea, 662 saved in multiple rescue operations (Tribune India), tower collapses in India during Tropical Cyclone Tauktae (Weather Channel), dust storm and destruction caused by Cyclone Tauktae (BBC)

IEA REPORT: IEA calls for no new investment in fossil fuels as part of net-zero plan (The Hill, Earther, Reuters, FT $, Axios, Canary Media, CNBC, Bloomberg $)

COLONIAL PIPELINE: Colonial Pipeline servers experiencing 'intermittent disruptions' days after ransomware attack (The Hill, E&E $)

CHICAGO: After EPA told Chicago to halt south side metal scrapper permit, General Iron’s owner sues city for $100 million (Block Club Chicago, WGN, Crain's Chicago Business, Chicago Sun-Times, AP)

ZOOM ZOOM: Biden promotes his infrastructure plan alongside Ford’s new electric F-150, saying ‘there’s no turning back.’ (New York Times $, Washington Post $, Bloomberg $, CNBC, Reuters), Ford's electric F-150 reveal is a pivotal EV moment (Axios), Biden says Ford’s new electric pickup will help U.S. compete with China, takes one for a test drive (Washington Post $), electric pickups could make or break Biden’s infrastructure plans (New York Times $)

AGENCIES: EPA cracks down on landfill methane emissions (E&E $), what to save? Climate change forces brutal choices at National Parks. (New York Times $)

EXECUTIVE BRANCH: White House, DOE, EPA announce plans to slash buildings' CO2 (E&E $)

LAWSUITS: Environmental groups sue federal mining agency over West Virginia mine cleanup process (The Hill, AP)

THE HILL: Steve Scalise revamps anti-carbon tax resolution (E&E $), innovation bill clears Senate hurdle with broad support (E&E $), Cantwell preps hearing on pipeline cyberattack (E&E $), Michael Bennet cultivates climate policy from new perch (E&E $)

WHITE HOUSE: White House environmental justice advisers express opposition to nuclear, carbon capture projects (The Hill), White House set to unveil climate finance plan on Thursday (Bloomberg $), [Gina McCarthy] says existing nuclear essential for emissions goals (Reuters), John Kerry irks some activists, experts with climate tech claims (Axios),

POLITICS: Greens: divided on ‘clean’ energy? Or closer than they appear? (Yale Climate Connections), liberals to Biden: ditch the infrastructure talks with Republicans (Politico)

NOMINEES & CONFIRMATIONS: This Biden pick has worked for top offshore wind firms. Now he’s poised to help oversee the industry. (Washington Post $)

CLIMATE DIPLOMACY: Kerry says US examining carbon border tax, sees risks (AP), Biden to waive sanctions on company in charge of Nord Stream 2 (Axios)

CITIES AND STATES: U.S. cities recognize climate threat. Not all are prepared (E&E $), funding is a key barrier to cities' climate plan progress: report (Utility Dive), The decarbonization gap that's splitting Colorado Democrats (Canary Media)

ELECTIONS: 'Formidable' Zinke, dogged by scandal, fights for House seat (E&E $)

IMPACTS: American alligators’ sex ratios could go haywire (Earther), the best time to act on climate change was yesterday: the Arctic Institute (CNBC), drought-hit Taiwan plans more water curbs for chip hubs (Reuters)

GULF COAST: Drenching rains flood homes, swamp cars in South Louisiana (AP), flash flood emergencies in Louisiana while double-digit rainfall deluges Texas. (Washington Post $), flooding leads to rescues in Louisiana and Texas, with more rain on the way (CNN)

WILDFIRES: Scientists find analog to growing smoke clouds: Nuclear war (E&E $)

EMISSIONS: What does 'net zero' mean and why does it matter? (Thomson Reuters Foundation)

RENEWABLES: A clean energy proposal near a sacred Indigenous site divides a Minnesota community (Grist), Tesla customers sue over surprise price increases for solar roof (Bloomberg $), household solar uptake meant demand on Australia’s grid in summer peak fell to five-year low (The Guardian), is solar manufacturing a highly automated business? (FT $), Siemens energy denies plans to take over rest of Siemens Gamesa (Bloomberg $), wind breakthrough? Coalition unveils 'zero-waste' tech (E&E $)

BATTERIES: Tesla shifts battery chemistry for utility-scale storage Megapack (Utility Dive)

OIL & GAS: Children of Shell employees sure seem to be embarrassed by their parents (Earther)

PLASTICS: Just 20 companies are responsible for over half of ‘throwaway’ plastic waste, study says (CNBC, CNN, Thomson Reuters Foundation), Turkey bans polyethylene plastic imports (AP)

PIPELINES: Dakota Access cites Colonial hack in bid to avoid shutdown (E&E $)

COAL: Clean electricity standard: A boost for coal? (E&E $), Coal industry feels heat as Germany doubles down on climate goals (FT $)

UTILITIES: Major Duke investor calls for utility to break into 3 companies, unlock up to $15B in shareholder value (Utility Dive)

EVs: New Mexico utilities prepare for electric vehicles (New Mexico Political Report)

ICEs: Study: traffic emissions boost Alzheimer's risk (E&E $)

AVIATION: NASA leads push for electric planes in next frontier of cutting emissions (The Guardian), air-taxi startup Volocopter unveils four-seater suburban shuttle (Bloomberg $), Beta becomes latest electric vertical aircraft unicorn with Amazon’s Climate Fund, Fidelity backing (CNBC)

AGRICULTURE: Climate change could give biochar a boost with farmers (E&E $)

CARBON DRAWDOWN: Lucky Charm: How a tiny company that produces oil captured the imagination of Big Tech to fight climate change. (Grist)

FINANCE: ‘Say on Climate’ campaign faces first big test at investor meetings (FT $), Shell faces shareholder rebellion over fossil fuel production (The Guardian, Bloomberg $, Reuters, CNBC, FT $), Summers says central banks currying favor with climate focus (Bloomberg $), advisory firm Glass Lewis backs two dissident nominees in Exxon battle (Reuters), how the clean-energy revolution is sweeping through markets (Bloomberg $), 

INTERNATIONAL: Ancient Swedish hamlet holds lessons for future of clean power (Bloomberg $), Gazprom shrugs off renewables with prediction of rising gas demand (Reuters), Australia urged to drop coal and gas plans after global energy agency’s warning (The Guardian), Bank of England tells banks to quantify climate risks (Reuters), EU lawmakers give final approval to bloc's green transition fund (Reuters), Lesotho faces having assets seized after solar contract breach (Bloomberg $), going green, or greenwashing? A proposed climate law divides france. (New York Times $)

• What a rapid transition from fossil fuels to carbon-free energy alternatives looks like (The Hill, Charles Kutscher and Jeffrey Logan op-ed)
• The IEA has delivered an overdue message (FT, Editorial Board $)
• Aside from cutting emissions, China and US must be climate-friendly lenders (The Hill, Elizabeth Losos op-ed)
• It’s high time we listen to indigenous women on climate (Dame Magazine, Heather McTeer Toney op-ed)
• Even the international energy agency thinks it’s time to stop drilling new oil wells (New Republic, Kate Aronoff column)
• The fix for hacked pipelines isn’t spare pipelines (Bloomberg, Liam Denning op-ed $)
• What is a ‘just transition,’ and why do we need one? (Yale Climate Connections, Nikayla Jefferson commentary)
• Why so many people are resisting vaccination (New York Times, Nina Burleigh op-ed $)

Disinfo Has Not Yet Had Its Day In Court, But Insurectionists' Defenses Might Make That Happen

The Supreme Court ruled on the Baltimore vs Big Oil case this week and while traditionally we’ve delved into these sorts of things, these days there’s plenty of excellent coverage out there- Inside Climate News, as always, is well worth reading to get all the nuance, while Emily Atkin brings up the point that a couple of the Justices are potentially as corrupt as big oil itself.  

As for the decision, while the oil industry is popping champagne and calling it a major win, the 7-1 decision was a very narrow, procedural ruling that has nothing to do with the case itself. Instead, the court said a lower court had to consider all of Big Oil’s excuses for why the case should be heard in federal court, and not just rule on the one and then move on. Basically this just mires the cases in even more procedural back-and-forth before finally getting to a venue where a court might actually rule on disinformation.

But we may well see some disinfo-related rulings well before that. Because while ExxonMobil and other polluters can hire lawyers by the building-full, the 400-some regular Joe’s arrested in connection to the January 6th invasion of Congress are stuck with slightly less slick legal teams, who are trying some relatively novel defenses. 

Matt Shurman at TalkingPointsMemo reported yesterday there is perhaps an unsurprising theme to many of the defenses being raised: It’s not my client’s fault they decided to travel to DC to subvert democracy, they were just following orders from Trump!

Now, legally, this is essentially a nonstarter. A former U.S. attorney told Shurman that “the law doesn’t recognize it as an excuse. Whatever brought them there, whatever they were spurred on to do, social media postings or whatever, they’re equally guilty under the federal statutes.”

But that’s not necessarily the point, according to Albert Watkins, the lawyer for the Insurrection Icon known as the Q Shaman and legally known as Jacob Chansley. Instead, it’s largely to try and influence judges and prosecutors into being more sympathetic to the defendants. But there were plenty of people who were subjected to the same propaganda but chose not to listen to the deranged ramblings of a Trump mind. 

So far, judges aren’t buying it, and when Watkins used the argument that the Q-Shaman was just following Trump’s orders to plead with a judge not to keep Chansley detained until his trial, U.S. District Judge Royce C. Lamberth soundly dismissed it. Turns out that even if Chansley “truly believes that the only reason he participated in an assault on the U.S. Capitol was to comply with President Trump’s orders,” that would still be just as bad, Lamberth ruled, because it “shows defendant’s inability (or refusal) to exercise his independent judgment and conform his behavior to the law.”

Watkins is basically invoking the Nuremburg Defense and combining that with a claim that his client was merely duped by Trump into participating. He also says, without any apparent explanation as to how it's relevant, that his client has Asperger’s syndrome. 

And then he said a whole lot more we won’t repeat, the least offensive of which was that “a lot of these defendants” like his client “are people with brain damage.” Not exactly the sort of thing a lawyer typically says in defense of their client, because as Judge Judy might be heard to say, stupidity is not a defense. 

But after doubling down on the ableist slurs, Watkins, whose bio alone is a journey, struck a slightly more sympathetic tone, pointing out that “they’re our brothers, our sisters… they’re part of our country. These aren’t bad people, they don’t have prior criminal history. Fuck, they were subjected to four-plus years of goddamn propaganda the likes of which the world has not seen since fucking Hitler.” 

Another attorney, Joe Hurley, said his client Anthony Antonio was actually sick when he broke into the Capitol building, with “Foxitis.” Apparently in an attempt to distinguish his client from “that herd of thugs that belong behind bars,” (links ours) he’s trying to claim that because Antonio was stuck at home watching Fox News all day during the pandemic, he was exposed to “the slithery snake” (link ours) that apparently convinced him to violently halt (however briefly) the workings of a peaceful and democratic transfer of power and attempt to assassinate the presidential line of succession. 

And he makes a good point. No, not that it’s fun and cool to use schoolyard slurs, or to try and deflect blame for a client’s crimes. And no, not that these are all angels — at least nine insurectionists have a (documented) history of violence against women, another was just arrested for shooting a mountain lion despite the fact that he is legally prohibited from owning guns due to a 1996 robbery conviction. (And it’s not that he needed the gun, he allegedly also killed a bobcat last January by using a slingshot and siccing his dogs on it to kill the cat. Montgomery was arrested in April and has been indicted on 10 charges including assaulting a police officer.) Not exactly an innocent sucked into violence and corrupted by Trump... 

But while the individuals who attempted to take democracy hostage should certainly be held responsible for the choices they made, the fact is that — while not a legal defense — saying “Trump told us to” is basically true. If not for the sustained propaganda of Trump, Republicans and conservative media, these people wouldn’t have been in DC that day. 

There should be liability for those actions as well.

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