Climate change: Lawyers say Commission error has set carbon levels too high
A climate action group consisting of lawyers says the Climate Change Commission has made a fundamental error and set the proposed cap for Aotearoas carbon emissions this decade too high . Lawyers for Climate Action (LCANZI) said the error meant the commissions draft advice to the government risked being unlawful. In its submission to the commissions draft advice on meeting the countrys role in curbing global warming, the lawyers said its methods make future carbon budgets look more ambitious than they are. Aotearoas international reputation and brand will be at risk if we fail to adopt budgets and policies consistent with doing our fair share to keep global warming to less than 1.5 degrees Celsius, said Jenny Cooper QC, LCANZIs president. READ MORE: * The mystery at the heart of the Climate Commissions strategy * Have your say on Climate Change Commissions historic report * National Portrait: Rod Carr, climate tsar The lawyers group said it believed the country's emissions over the decade should be set at 400 million tonnes, far lower than the 628 million tonne level recommended by the commission in its draft advice released in late January. This is a fundamental error that must be fixed before the advice is finalised failing this, the advice will be unlawful, in our opinion, said Cooper. We consider that emissions greater than 400 million tonnes, between 2021 and 2030, cannot be justified. The commissions advice will be highly influential in guiding government policy on climate change action, and its draft advice had already said previous targets were too low . LCANZI also took issued with the methodology used by the commission in calculating the path of the countrys emissions. The commissions charts give the misleading appearance of emissions reducing over time, whereas our net emissions have been increasing decade-on-decade since 1990, said the groups submission. (Emissions) would continue to do so in 2021-20 if the draft emissions budgets were adopted. This may have given the commission false comfort about the level of ambition in our targets, said LCANZI. The lawyers also took issue with commissions recommendation that the country should use offshore mitigation effectively buying credits to bridge the gap between actual emissions, and those committed to in the Paris Agreement . While we do not oppose all use of offshore mitigation, the approach taken is at odds with the (Climate Change Response) Act and the Paris Agreement itself, it said. LCANZI said despite its criticism, it supported the commissions objectives, and its draft report contained excellent policy suggestions warranting urgent action to be put into practice. It also praised the commission's openness and willingness to engage with the group. Lawyers for Climate Action is monitoring responses to climate action policy around the country, and in February warned Auckland Council it could face legal action if its decisions did not match its promises. The city will on Tuesday finalise its draft Regional Land Transport Plan for public submissions, a plan which acknowledges it wont reduce the regions carbon footprint by 2031 a year by which the council has pledge to halve emissions.