And they just said No

Maybe because it leans the wrong way, against the grain/norm/whatever, but this is the kind of dissonant outcome that can be difficult to fit into the pro-business framing of most news reporting:

The US Supreme Court turned away oil-company appeals that sought a key procedural edge in about two dozen lawsuits blaming the industry for contributing to climate change.

The justices Monday refused to consider shifting the lawsuits into federal court, where corporate defendants often fare better. The companies say the suits are governed entirely by federal law, giving them the right to move them out of state court.

In the lead appeal, Exxon Mobil Corp. and Suncor Energy Inc. sought to transfer a suit by two Colorado counties and the city of Boulder. The lawsuit contends the oil companies should compensate taxpayers for the increased cost of maintaining roads and fighting forest fires.

At issue was a legal doctrine known as removal, which lets defendants in many cases shift the forum for lawsuits filed in state court. In the Colorado case, a Denver-based federal appeals court said Exxon and Suncor lacked grounds to remove the suit because Colorado state law governs the claims.

Legacy Guilded Age damage usually allows companies preference to advance appeals claims on practically any point where they are held to account, but this time the court just said no. Of course, Alito recused as a stockholder in at least one of the parties(!) and Kavanaugh would have granted the case. But still, appeal denied.

So maybe the lesson is to keep yelling.

Image: Supreme Court portico, via wikimedia commons

When business meets a better business idea: Think about it

I’m familiar with Slutty Vegan and while not quite a fan – all the yelling, not sure I get that – the concept is solid and the burgers are good. And whatever one may think about the sustainability of meat and particularly the way we ‘farm’ chickens at this point, ‘They pull their little beaks off’ is actually a thing, no matter how you may or may not feel about it. And of course, the practice has far worse ethical issues.

SV founder and CEO Aisha “Pinky” Cole elaborates on her plan to exploit this fact to continue building her business (paywalled):

When you get an order of chicken wings, how many chickens is that? Two and a half? Two? What? And how old are they? Are these babies? Are they middle-aged? Are they wealthy? Are they poor? I wanna know: Where are these chickens coming from? And how are y’all able to produce so much, so fast?

I stopped eating meat altogether in 2007. I got food poisoning after I went to a restaurant. I had a chicken sandwich, and I got super sick. I was like, “That’s it. I’m not eating no more meat.” A little shy of 10 years ago, I went cold turkey and never turned back. When I went vegan, I had a restaurant that sold meat. I was selling oxtails and jerk chicken. But I wasn’t in alignment because I didn’t eat it. So why was I selling it?

Veganism is closely associated to climate change and how it’s important to save the animals and make sure that you’re doing the right things so that animals can sustain. I started really researching those things and I’m like, “Oh, I have to use my voice a little bit differently.”

Fake burgers as lifestyle brand, y’all.

Do try to keep up.

More on SV here.

Image: Not a burger (Beef Wellington, actually), but I bet she’s working on it. via wiki commons

How fast is a fast train?

Faster than you think. Literally faster than you remember if you’ve ever taken one. But before we get to that, some figurative and also quite speedy trains.

Like the parade to ban books, or move on from horrifically disgusting violence in schools. These, too, move much faster than we imagine, even as we wait for something or someone else to slow them down or stop them. But it’s a tightly constructed set of deliberate steps that brings the fast trains, whether as transport or societal degradation. In the case of the latter, the stage has been set by the Republican party through decades of vicious stinginess for infrastructure and social programs, proffering the glories of low taxes and toothless regulation of everything from the stock market to the water table. The forms of efficient and affordable transportation enjoyed by people in our so-called peer nations around the world are as unknown in the U.S. as a public toilet and it’s much better if we stop being coy about all of this.

The need to acknowledge where society is falling short, who it is catering to and why is a matter of great urgency.

Image: B line trams in Grenoble, France, last week. Author photo.

Designing Horizons

Funny thing about Green buildings – we need them! That’s decidedly unfunny BUT… timing is very important as far as the technology available and what seems most durable when architectural engineers choose how to power the building. Especially if it’s innovative and edgy:

Some of the building’s most important green features were the right answer to the climate problem in 2016, when design work was completed. “And then the answer changed,” Mr. Wilcox said.

Unlike many skyscrapers, One Vanderbilt generates much of its own electricity. This was a leap forward a decade or so ago — a way of producing power that saved money for landlords and was cleaner than the local grid.

However, One Vanderbilt’s turbines burn natural gas. And while natural gas is cleaner than oil or coal, it is falling from favor, particularly in New York City, which in recent years has adopted some of the most ambitious climate laws in the world, including a ban on fossil fuels in new buildings.

As that transition happened, SL Green was caught in the middle. Although One Vanderbilt went up relatively quickly, topping out after three years, its owner had to watch as the city’s environmental strategy raced forward.

The building is one of those skinny, ribbon skyscrapers in Manhattan. And they had the right idea. Kind of. It was right at the time, which seems like, well, ouch.

It is akin to many familiar things, like choosing a vocation that will interest you for decades and hopefully longer. It can be tricky, based on what you think is out there. If you choose a life of exploration – artistic, scientific, whatever – you throw the rock (the thing you’re chasing) as far as you can. Hopefully the journey to finding/achieving takes a long time, years, enough time for you to develop as a finder of such things.

Building is slightly different, as it is so permanent. So… go with ancient designs or new bells and whistles? It’s a gamble, much like choosing a vocation, if you are so fortunate. Choose wisely.

Image: an ancient design, Le Pont du Gard

Already figured out

A list of things we have already figured out, ways of living that support the planet’s future, to be quite frank about it.

Fast(er) trains – take the best one in the U.S., the Acela in the northeast corridor. We should have deeded it over to France or Japan years ago. They would charge us less, the trains would already be faster and more efficient, likely easily spread south and west for obvious reasons, displacing an over-reliance on regional airline traffic. Because we… see title.

Live close to work, school and play. This supposed magic to happy living requires no reverse engineering, and actually very little engineering at all. Just incentives and penalties, zoning, bikes lanes, public transport, and host a host of things we… see title.

Eco-friendly products, ‘perils’ of greenwashing (who’s, exactly?), and renewable energy generation. The barriers holding us back to realizing these are… the decisions not to embrace them. It’s very much akin to not funding pre-K or other early childhood education that we already know works really well. They all exist right now and have for decades. Renewable energy is in its early adulthood, and the so-called ‘perils’ are only fueling the corporate campaign to delay changing anything:

The peer-reviewed paper, published Thursday in the journal Science, analyzed all known climate predictions produced or reported by scientists at ExxonMobil and its predecessor from 1977-2003, and found that they were “at least as skillful” as those by independent experts (Exxon merged with Mobil in 1999). Like those independent models, most of Exxon’s proved to be accurate.

“They didn’t just vaguely know something about global warming decades ago, they literally knew as much as independent academic scientists did,” said Geoffrey Supran, the paper’s lead author, who recently left a research position at Harvard University to become an associate professor of environmental science and policy at the University of Miami’s Rosenstiel School of Marine, Atmospheric and Earth Science. “We now have this airtight, unimpeachable evidence that Exxon accurately predicted global warming years before it turned around and publicly attacked climate science.”

How much longer we’ll have to let the debates about ESG rage on, die off, and make comebacks are more about the fate of business news operations and PR than they are about investments in viable products, power, or even politics. Getting past what we’ve already figured out is the only route to splashy new breakthroughs like, hey, the coral reefs might actually survive.

Image: ACC Transportation and Public works

Paper, scissors, rock and a hard place

There is an old truism (cite?) that when capitalism and democracy come into conflict, capitalism will always win. But for a long time now it has seemed that the holy virtues of the market are failing the political preferences of the American right. Reasons become excuses and victors turn themselves into victims when they really have to fight against ideas they once supported like market power, not to mention the popular vote. It’s all a bit embarrassing once you step back for a moment. We’ve just gotten used to it, but the whole concept of ‘far-left finance’ is just as crackpot as ‘left-wing corporate media.’ We’re sorry, but no:

Economic modernity isn’t what it used to be. Today, some of America’s largest investors are pension funds that aggregate the savings of unions and public-sector employees, and mutual funds that pool the retirement accounts of white-collar professionals. None of these constituencies are remotely as demographically or ideologically similar to the contemporary conservative base as the capitalist class of yore was to the right-wingers of the mid-20th century. Indeed, over the past 70 years, America’s top executives, money managers, and professionals have grown more diverse, cosmopolitan, and socially liberal, even as the GOP base has grown increasingly animated by exclusionary nationalism and culture wars.

At the same time, consumer-facing brands now covet the favor of young city dwellers, both within America’s borders and beyond them. This is because such consumers are more likely to try new products than your average elderly person in rural America, and the former’s brand loyalty is more valuable, since they are less likely to die soon. That reality, combined with the imperative to compete outside the U.S. market, leads many of America’s most visible firms to align themselves, however superficially, with a progressive and cosmopolitan cultural politics.

Finally, the reality of climate change has given private investors both ideological and financial reasons to disfavor the carbon-intensive industries that supply a disproportionate share of the GOP’s corporate funding. Many public employees and socially liberal professionals like the idea of investing in the green transition, while plenty of far-sighted financiers believe that heavy exposure to fossil fuel assets is unwise in the long-term.

To blame this on some sort of woke anything is just a slur. They can’t compete so they just whine. Refusing to acknowledge where the markets and money flow is not some sort of physics you can undermine with new made-up laws of specialer relativity because you don’t agree with gravity.

Babies are at least honest about what’s in their diapers.

Machines learning

But despite the hype (and… oh boy!), not in a good way. So-called artificial intelligence – no relation to intelligence, but the word just seems so suggestive – is actually just machine learning. And who teaches the machine to learn how they learn what they learn? Humans. Thus, AI/ml also includes all the joys of human foibles.

Oh, and not just the racism + sexism. Also, the burning:

For example, recommendation and advertising algorithms are often used in advertising, which in turn drives people to buy more things, which causes more carbon dioxide emissions. It’s also important to understand how AI models are used, Kaack says. A lot of companies, such as Google and Meta, use AI models to do things like classify user comments or recommend content. These actions use very little power but can happen a billion times a day. That adds up.

It’s estimated that the global tech sector accounts for 1.8% to 3.9% of global greenhouse-gas emissions. Although only a fraction of those emissions are caused by AI and machine learning, AI’s carbon footprint is still very high for a single field within tech.

With a better understanding of just how much energy AI systems consume, companies and developers can make choices about the trade-offs they are willing to make between pollution and costs, Luccioni says.

I know – that’s your shocked face. But move fast because it’s important to keep up with the language as it changes and the conditions do not, or are made worse. Because the investment society that cultures large language models and the like already feels three steps ahead, because they never under-invest in PR. Relying on ‘companies and developers to make the right choices about trade-offs’ is only in any way reliable to the extent we change the end of that statement above about what they are ‘willing’ to do. Otherwise, we’re only and ever at the mercy of the companies and developers, no matter whether they blame it on some disembodied algorithm, call it machine learning or whatever.

It’s definitely artificial something.

Image via reset.org

Slutty carbon

Sure, it will bond to any old thing – just a fun-loving, good time chemical element with the symbol C and atomic number 6. Call anytime.

And though carbon is not magnetic, it does attract kooks. Okay, no harm there, chacun à son goût and all that. We’re not all kooks. We even devise ways around it – solar, wind, other means of generating that dirty dirty electricity that we enjoy so much. And you won’t believe what happens next:

This scene from the village council meeting in June helps to explain why opponents of three solar projects proposed in Pickaway County, Ohio, can say they have the support of nearly every local elected official. It shows how a committed group of local residents have dominated the debate by packing county, village and township meetings, and making their displeasure known if officials don’t fall into line.

The prevailing emotion is fear, whether it’s fear of the solar projects—or fear of upsetting the people who oppose the projects.

And the local fight has broad implications. The world needs to increase its reliance on renewable energy, an essential part of avoiding the most destructive effects of climate change. Local opposition shows some of the disconnect between global needs and the concerns of some of the people who don’t want to live next door to wind and solar projects.

It’s a little beyond as well as different from traditional NIMBYism, though also quite similar in several ways, as the locals literally don’t want to be living next to utility-scale solar. They don’t want to see it and they don’t want to hear it. Though it’s not a discussion about energy and how they get it at all. “Just leave us alone,” they might say, then step back inside and to watch the ballgame. And there’s the rub.

Whether we blame them for not wanting to connect their own usage of dirty energy to their passions for their freedom not to see it, or blame the local school district that benefits from the increase in tax revenue for not being more vocal in their support for the solar projects, the moment and the conflicts should be noted. The difficulty of telling nominally self-governing people what to do when their own understanding of any right thing is itself in conflict with abstractions like freedom is certainly one of the more devious tricks slutty carbon has played on us.

It’s sort of a next-level struggle with renewables that has nothing to do with energy – because focused on how we’re gonna watch the game or dry the clothes, or even live that far from the grocery store [don’t get me started], the question changes entirely. At least the NIMBYism is familiar.

Image: Carbon–carbon bonds get a break | Nature

My EV in your ICE(e)

Lot lady: What kind of car are you looking for?
Driver man: What kinds you got?
Lot lady: These kinds

California is poised to ban the sale of new gas-powered vehicles — a far-reaching policy that is likely to reverberate throughout the rest of the country and the world.

On Thursday, the California Air Resources Board will issue the new rules that were first rolled out by Governor Gavin Newsom in 2020, which would require 100 percent of new cars sold in the state to be free of carbon emissions, according to The New York Times.

The rule would phase in over time, with 35 percent of new passenger vehicles sold by 2026 and 68 percent by 2030. California says that over 16 percent of new car sales were “zero-emission vehicles” in 2022 — up from 12.41 percent last year and 7.78 percent in 2020.

Note those last few stats about percentages of non-ICE vehicles sold per year. That’s a very big jump and consumer choices are about to get very much wider.

Now, we’ll have to make indie renewable energy generation more commonplace, rooftop solar coming to your neighborhood house. Just enough to power your automobile would be a huge step in the right direction, but then what happens when it keeps working and electricity starts get cheap towards free? Then what will you do, huh? Didn’t think of that!

Skins in the game

sidewalk plaque in Charlottesville, Virginia plaque featured chalk graffiti added by local artist Richard Parks.
(Courtesy of Richard Parks)

As if we need reminding (ed: we do!), set aside how much we hate women and remember how racist we are! The discussion about American universities – especially our oldest, most venerable institutions of higher learning – and their deep connections to slavery has barely begun to break through, even and especially at our oldest, most venerable institutions. So, while the public remains largely unaware of the history, we might wonder how universities have for so long escaped scrutiny about the past – about how they were built, how they succeeded, who they succeeded for, and how so much of this was connected to buying and selling people to use as free labor. The NYRB dives into a four new books, and sets the stage rather clearly:

One reason, perhaps, that academic institutions were spared from scrutiny was that they seemed, by design, to be physically removed from the vulgar transactions of commercial life. The trading houses where merchants contracted for consignments of cotton, rum, molasses, and human chattel; the insurance firms that indemnified slave owners for loss of human property; the clothiers that manufactured coarse smocks for enslaved field hands—all these were likely to be found among shops and markets, close to the banks from which they obtained credit and the wharves where human goods were loaded or unloaded for sale.

Think, on the other hand, of our early colleges: Harvard on its bluff above the Charles River, or Yale looking across New Haven Green toward the Long Island Sound, or Brown atop the heights of Providence. Their architecture (ecclesiastical) and setting (pastoral) seemed to say, “We stand above the fray, removed from the workaday world, in a high-minded sphere of our own.” For people like me whose shelves are filled with books about these colleges, it’s not a bad idea to paste a note every foot or so along the edge of the shelf bearing this reminder from the novelist James McBride: “The web of slavery is sticky business. And at the end of the day, ain’t nobody clear of it.”

And friends, of course it’s not just the Ivies. The preponderance of screaming denials (CRT!) and counter-recriminations (Woke!) arise out of fear and cowardice about facing this history as it bleeds to profusely into our present. Can’t stop the bleeding without finding the wound, cleaning it carefully, repairing as much damage as possible, dressing it and providing all available care for full recuperation. Only then can we attend and check on the healing.

Image via WAPO