Monday, May 13, 2024

Can the Government Make Decisions on Geoengineering/Weather Modification Without Public Consent?

Date:

Should We Be Concerned About Geoengineering?

Geoengineering is the deliberate large-scale intervention in the Earth’s natural systems to counteract climate change.

Few people are aware of the relatively new science of geoengineering. Some scientists who are aware (like me) consider it a genuine threat to our planet’s climatic stability and ecosystems. Moreover, geoengineering, if left unconstrained, could pose a real danger to human health through the choice and toxicity of the materials used.

Geoengineering activities release hazardous emissions that are harmful to human health and our environment.

TYPES OF GEOENGINEERING

Related Article:

Governments should provide opportunities for the public to express their opinions, concerns, and suggestions. This can be achieved through public consultations, stakeholder engagements, and town hall meetings. By actively listening to the diverse voices of society, governments can incorporate public opinions into decision-making processes, leading to a more inclusive and representative approach

“Discover the legal implications of Supreme Court’s notice on non-informed consent from the public in Indian law geoengineering. Learn about the consequences and regulations surrounding this crucial issue. Stay informed and safeguard your rights with our comprehensive guide. Read now!

Environmental and Health Risks

Geoengineering projects, although conducted with the intention of mitigating climate change, can have unintended consequences. Without informed consent, the public may unwittingly be exposed to environmental risks, such as altered weather patterns, changes in ecosystems, or even potential health hazards. Informed consent ensures that individuals are aware of these risks and can make informed choices regarding their potential participation.

Chemical Toxicity:

Aluminum

Ref – https://pubchem.ncbi.nlm.nih.gov/compound/Aluminum-oxide

(https://www.nature.com/articles/s41598-020-64734-6.pdf )

Barium

Ref – https://pubchem.ncbi.nlm.nih.gov/compound/barium

Strontium

Ref – https://pubchem.ncbi.nlm.nih.gov/compound/strontium

Sulfur Dioxide SO2

Ref – https://pubchem.ncbi.nlm.nih.gov/compound/sulfur-dioxide

Sulfuric Acid H2SO4

Several epidemiological studies have suggested a relationship between exposure to inorganic acid mists containing sulfuric acid and an increased incidence of laryngeal cancer. IARC has concluded that occupational exposure to strong inorganic mists containing sulfuric acid is carcinogenic for humans. https://pubchem.ncbi.nlm.nih.gov/compound/1118

Lithium

 https://pubchem.ncbi.nlm.nih.gov/compound/lithium

Manganese

https://pubchem.ncbi.nlm.nih.gov/compound/23930

A DEBATE ON GEOENGINEERING: VANDANA SHIVA VS. GWYNNE DYER

CIA Director Brennan Speaks at the Council on Foreign Relations  | 29 June 2016

Informed Consent and Geoengineering / Weather Modification

Obtaining informed consent from the public is a fundamental principle of democratic governance and a key requirement for any project that may impact the environment and public health. In the context of geoengineering, informed consent becomes particularly significant due to the potential risks and uncertainties associated with these techniques.

Public Indian Law and the Right to Information

The Right to Information Act of 2005 in India empowers citizens to access information from public authorities and ensures transparency and accountability.

Non-consent to Geoengineering projects such as Solar geoengineering, Carbon geoengineering, cloud-seeding, High-Frequency Active Auroral weather modification, solar radiation management, facilities such as NEXRAD, HAARP, CERN, and other LHC facilities. And every other military- or privately owned facility involved with any weather modification programs.

The Consequences of Failing to Obtain Informed Consent

CLICK HERE

Failure to obtain informed consent can have serious consequences from both legal and ethical standpoints. From a legal perspective, non-compliance with the EIA(Environmental Impact Assessment) Notification and other relevant regulations can lead to legal action and penalties. Additionally, affected individuals and communities may also file civil suits for compensation for any harm caused by the geoengineering activities.

Public Consultation and Consent:

In addition to the EIA process, public consultation plays a vital role in securing informed consent for geoengineering projects in India. The Environmental Impact Assessment Notification, 2006, mandates that every project seeking environmental clearance must undergo a public consultation process. This process involves conducting public hearings in the affected areas, allowing affected communities and stakeholders to express their views and concerns about the project. The feedback received during public consultations is considered while making the final decision on granting environmental clearance.

The Supreme Court’s Notice: Implications for Not Obtaining Informed Consent on Geoengineering

In recent years, the global community has become increasingly concerned about the potential consequences of geoengineering, a controversial practice involving the deliberate manipulation of the Earth’s climate system. The Supreme Court’s notice on the implications of not obtaining informed consent for geoengineering projects has sparked significant discussion and raised important questions.

The Supreme Court’s Notice

The Supreme Court’s notice serves as a wake-up call to the geoengineering community and highlights the need to prioritize informed consent. The notice emphasizes that any large-scale geoengineering project must receive consent from the affected communities, nations, and relevant stakeholders. This requirement ensures that people have the opportunity to express their concerns, voice objections, and participate in the decision-making process regarding projects that may have far-reaching consequences.

To better understand the legal implications, it is worthwhile to examine specific case studies and precedents set by the Supreme Court of India. These cases shed light on the court’s approach to issues related to informed consent and environmental protection.

  1. Endosulfan Case: In 2017, the Supreme Court of India banned the use and production of the pesticide endosulfan due to its harmful impact on human health and the environment. The court emphasized the importance of informed consent and the precautionary principle in protecting public health and environmental well-being.
  2. Sterlite Copper Case: The Supreme Court ordered the closure of the Sterlite Copper plant in Thoothukudi in 2018, citing violations of environmental regulations and failure to obtain informed consent from the local community. The judgment highlighted the need for public participation and consent in decision-making processes that impact the environment.

Legal Implications of Not Obtaining Informed Consent

Failure to obtain informed consent from the public in geoengineering projects can have significant legal ramifications. Some potential legal implications include:

  1. Violation of Fundamental Rights: Not obtaining informed consent may infringe upon the fundamental rights of individuals, such as the right to life and personal liberty, right to a clean environment, and right to livelihood. The Supreme Court has consistently recognized these rights as integral to human dignity.
  2. Environmental Protection: India has enacted various laws and regulations to protect the environment. Not obtaining informed consent may violate these laws, leading to legal consequences for the entities involved in the geoengineering project.
  3. Public Trust Doctrine: The Supreme Court has upheld the application of the public trust doctrine, which imposes a legal obligation on the state to protect and conserve natural resources for the benefit of the public. Not obtaining informed consent may undermine this doctrine and expose the responsible parties to legal action.
  4. Liability for Damages: If a geoengineering project negatively impacts the environment or causes harm to individuals, the entities involved may be held liable for damages. Failure to obtain informed consent could strengthen arguments for negligence or breach of duty.

2023 Congressional Solar Geoengineering Report Acknowledges Likely Transboundary Effects

June 27, 2023: The Congressional Research Service published a report in May of this year which outlines various geoengineering methods, including stratospheric aerosol injection (SAI), marine cloud brightening (MCB), and cirrus cloud thinning (CCT). Policymakers are interested establishing a governance framework for solar geoengineering (SG).

Report: https://crsreports.congress.gov/product/pdf/R/R47551

According to the paper, “The 117th Congress appropriated funds for FY2022 for activities related to SG in the Consolidated Appropriations Act of 2022…These included the preparation of a report by the Office of Science and Technology Policy (OSTP) in conjunction with the National Oceanic and Atmospheric Administration (NOAA) and the National Science Foundation (NSF)…Further, under this legislation OSTP, working with NOAA, the National Aeronautics and Space Administration (NASA), and the Department of Energy (DOE), is tasked to form an interagency working group to manage SG risk and research and to develop a governance framework for publicly funded SG research.”

In addition to acknowledging likely transboundary effects, the report cites the potential for SAI to reduce precipitation as well as potentially having a damaging effect on stratospheric ozone.

Omitted from the report is Mexico’s ban on Solar Geoengineering, health impacts, and the lack of informed public consent for SG. 

( https://zerogeoengineering.com/2023/government-announces-experimentation-with-solar-geoengineering-will-not-be-allowed-in-mexico/ )

Geoengineering: Governance and Technology Policy

( https://zerogeoengineering.com/wp-content/uploads/2016/10/R41371.pdf )

Additional Information:

Geoengineering: Should India Tread Carefully or Go Full Steam Ahead?

Solar geoengineering doesn’t help reduce carbon emissions, and is founded on reckoning with the distressing possibility that reduction strategies won’t be enough.

Ref: https://thewire.in/the-sciences/geoengineering-should-india-tread-carefully-or-go-full-steam-ahead

Source: Zerogeoengineering, Principia scientific International

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