Live data from Hacker News

The Most Ambitious Environmental Lawsuit Ever

nytimes.com

11–20 of 27 posts

Re: The Most Ambitious Environmental Lawsuit Ever

#11
post #9

One of the things that attracts me to libertarianism is how environmental disasters are handled. Shocker but under a more libertarian system, there would not be laws that protect wealthy corporations specifically allowing them to get away with pollution. Public and private land owners would be able to rightfully sue culprits for property damage. In fact, some of the worst polluters are nations where the state owns th…

And what happens when a court sets a precedent that eg air pollution is not property damage? Even in a Libertarian system you're bound to such policy decisions, regardless of whether they are made explicitly or not.

Re: The Most Ambitious Environmental Lawsuit Ever

#13
post #5

What's tough and utterly ignored by this article is that it's not just the lobbyists who oppose you, it's ordinary people. There is a sincere and deep seated belief that it's morally objectionable to ask companies to answer for their actions in a court of law, that there are no alternatives to destroying the environment, and that such lawsuits threaten the existence of economies like that in Lousiana. That's why thes…

There's a deeper and equally sincere and deep-seated belief behind said beliefs:

It's objectively true that increasing the cost of energy amounts to something like a regressive tax: it will harm the poor and the middle class considerably more than it will harm the wealthy. Among causes for our current middle class woes, some have cited the peaking of domestic conventional oil in the 1970s and the general end of extremely cheap energy around that era.

The very existence of a middle class and a diamond-shaped social order is probably in part an artifact of cheap and available energy. People do understand this. They understand that an end to cheap energy will return themselves and their children to serfdom. (Unless they happen to be members of the tiny What people don't believe is that renewable energy can provide cheap energy. They fear a world powered by renewable energy might be one resembling The Hunger Games: tiny stratospherically rich technological enclaves served vast impoverished precincts of serfs.

Meanwhile they're also either against nuclear outright, or are at the very least suspicious of it.

So if the choice is between fossil fuels and a return to abject poverty, people choose fossil fuels. I'm not sure they're really ignoring climate change-- rather they're making a cost/benefit analysis to the effect that climate change is better than a return to feudal serfdom.

They're probably right. It is demonstrably better to reign in hell than to serve in heaven. Poverty is worse than any natural disaster I'm aware of; I'll take a few million dollars and a hurricane every week over poverty and blue skies.

This also explains why the "developing" world has shown no interest in moving on carbon reduction. Cheap available energy is lifting billions out of poverty. Their response is pretty much "screw you, we're poor." For them to choose any different would be an act of huge-scale unilateral self-sacrifice.

The burden is on advocates of renewable energy to show that it can provide cheap, abundant energy sufficient to sustain a diamond-shaped social order. If it can't, it is politically dead and climate change is a foregone conclusion. The burden is also on nuclear advocates to show that they can engineer reactors that cannot fail like Fukushima or Chernobyl. (I mean cannot fail, not "low probability of failure," since anyone who understand entry-level stats knows that small probabilities become large when you scale things up. Think about what hard drive and RAM failures look like at data center scales for example.) Neither of these milestones has been reached.

Renewable energy remains a favorite political option among the inhabitants of uber-rich cities that resemble The Capital in The Hunger Games, like San Francisco. It's viewed as a luxury feel-good toy for rich people. Meanwhile the nuclear industry continues to iterate on the fundamentally flawed 1950s submarine reactor design instead of rethinking the problem from first principles and producing something truly engineered for civilian power production. IMHO the situation is worse in the nuclear domain... nobody is even trying, and the response to incidents like Fukushima is to double down on PR instead of doubling down on engineering.

Over time I've become more and more skeptical of the "people are stupid" answer to things like this. The reality is that people are not as stupid as you think they are. They just might be viewing things very differently or conceptualizing the problem from the perspective of different needs and goals.

In AI terminology they have a different goal function. Understand their goal function(s) and you understand their choices.

Another bugaboo in places like Louisiana is religious fundamentalism and opposition to evolution, etc. I've started to doubt "people are stupid" there as well. In that culture, the church is the center of social life. So you're basically asking people to choose between friendship, camaraderie, and the moral basis of cooperation and some esoteric scientific theory that does nothing to help them in their daily lives. Which would you choose? Insulting people and calling them idiots doesn't accomplish anything except to polarize them and reinforce the underlying social pathologies responsible for the problem. Poverty might also have some explanatory power here as well. Social cohesion -- here provided by the church -- is more of a necessity if you are poor than if you are rich. The poor do not have the luxury of choosing a certain amount of social alienation in order to be right about scientific precepts.

"People are stupid" is one of the great intellectually lazy answers of our times. Dig deeper.

Re: The Most Ambitious Environmental Lawsuit Ever

#14
post #10
post #9

One of the things that attracts me to libertarianism is how environmental disasters are handled. Shocker but under a more libertarian system, there would not be laws that protect wealthy corporations specifically allowing them to get away with pollution. Public and private land owners would be able to rightfully sue culprits for property damage. In fact, some of the worst polluters are nations where the state owns th…

As a litigator, I appreciate the sentiment, but litigation is ineffective at enforcing the rights of large numbers of people. Say there are no bank regulations, and a bank skims $100 of the accounts of ten million customers. The bank makes a lot of money, but it's not worthwhile for any given individual to sue. Your only recourse is the class action lawsuit, with all the limitations that entails. The situation is eve…

Not to mention that often the entities that caused the harm do not have the capital to pay back for catastrophic harm.

Also litigation takes for ever. That is doubly true for billion dollar cases.

I'm working on a case with a billion dollar verdict. It's been 6 years and not a dime was paid. We are going back for a retrial. This thing won't be done for several more years at the earliest.

Re: The Most Ambitious Environmental Lawsuit Ever

#15
post #5

What's tough and utterly ignored by this article is that it's not just the lobbyists who oppose you, it's ordinary people. There is a sincere and deep seated belief that it's morally objectionable to ask companies to answer for their actions in a court of law, that there are no alternatives to destroying the environment, and that such lawsuits threaten the existence of economies like that in Lousiana. That's why thes…

Having been a class member in many class actions, I can say that I have never seen any real benefit. I think I got less than $20 from Microsoft once, for example, and the terms given were calculated to cause further harm (they'd "donate" the remainder to schools in such a way as to funnel the money back to Microsoft). I actually spent a considerable amount of time writing up some opposition to that, only to be advised by a lawyer friend that while I had a few good arguments, I could not expect to get very far in court.

Re: The Most Ambitious Environmental Lawsuit Ever

#16
post #9

One of the things that attracts me to libertarianism is how environmental disasters are handled. Shocker but under a more libertarian system, there would not be laws that protect wealthy corporations specifically allowing them to get away with pollution. Public and private land owners would be able to rightfully sue culprits for property damage. In fact, some of the worst polluters are nations where the state owns th…

What you are describing would be more precisely called an anarcho-capitalist solution. There are a lot of self-described libertarians who would not endorse it.

Re: The Most Ambitious Environmental Lawsuit Ever

#17
post #9

One of the things that attracts me to libertarianism is how environmental disasters are handled. Shocker but under a more libertarian system, there would not be laws that protect wealthy corporations specifically allowing them to get away with pollution. Public and private land owners would be able to rightfully sue culprits for property damage. In fact, some of the worst polluters are nations where the state owns th…

A valid point, but a lot of complications and unanswered questions.

One major problem is that it weakens the rule of law (something that most libertarians prize highly) when you throw so much into the courts. Nobody knows where they stand or what their liabilities are, which leads to paralysis.

I identify with libertarians, but I think it would be much better to come up with clear laws inidicating the costs of negative externalities, and then force various behaviors to pay for those costs in various ways to various people. Also, certain practices should be outright criminal, in the same way that vandalism is a crime.

I think things like cap-and-trade are ridiculous, for instance. But a straight tax on air pollution or drawing from the water table might be reasonable.

Re: The Most Ambitious Environmental Lawsuit Ever

#18
post #13
post #5

What's tough and utterly ignored by this article is that it's not just the lobbyists who oppose you, it's ordinary people. There is a sincere and deep seated belief that it's morally objectionable to ask companies to answer for their actions in a court of law, that there are no alternatives to destroying the environment, and that such lawsuits threaten the existence of economies like that in Lousiana. That's why thes…

There's a deeper and equally sincere and deep-seated belief behind said beliefs: It's objectively true that increasing the cost of energy amounts to something like a regressive tax: it will harm the poor and the middle class considerably more than it will harm the wealthy. Among causes for our current middle class woes, some have cited the peaking of domestic conventional oil in the 1970s and the general end of extre…

> It's objectively true that increasing the cost of energy amounts to something like a regressive tax.

No, this is not (automatically) true, it matters how the increase is implemented. See, for example: http://www.theguardian.com/environment/climate-consensus-97-...

Re: The Most Ambitious Environmental Lawsuit Ever

#19
post #13
post #5

What's tough and utterly ignored by this article is that it's not just the lobbyists who oppose you, it's ordinary people. There is a sincere and deep seated belief that it's morally objectionable to ask companies to answer for their actions in a court of law, that there are no alternatives to destroying the environment, and that such lawsuits threaten the existence of economies like that in Lousiana. That's why thes…

There's a deeper and equally sincere and deep-seated belief behind said beliefs: It's objectively true that increasing the cost of energy amounts to something like a regressive tax: it will harm the poor and the middle class considerably more than it will harm the wealthy. Among causes for our current middle class woes, some have cited the peaking of domestic conventional oil in the 1970s and the general end of extre…

Amen! Thank you for the powerful comment, humanizing and empathizing with these people who are in a tough place (and still collectively making poor long-term decisions but without any easy solution anyway).

Re: The Most Ambitious Environmental Lawsuit Ever

#20
post #18
post #13

Earlier quoted context omitted.

There's a deeper and equally sincere and deep-seated belief behind said beliefs: It's objectively true that increasing the cost of energy amounts to something like a regressive tax: it will harm the poor and the middle class considerably more than it will harm the wealthy. Among causes for our current middle class woes, some have cited the peaking of domestic conventional oil in the 1970s and the general end of extre…

> It's objectively true that increasing the cost of energy amounts to something like a regressive tax. No, this is not (automatically) true, it matters how the increase is implemented. See, for example: http://www.theguardian.com/environment/climate-consensus-97-...

I'm skeptical given the direct physical link between energy and wealth.

But it's also true that this link decouples at a certain level of energy consumption. Thankfully so... But it hasn't been shown that this minimum level can be achieved economically and safely at scale without fossil fuels.

Post reply on HN