Shouldn't he prove the Judge is correct.
Wouldn't he first have to acknowledge what the judge actually said?
Isn't starting off with the deception of "untruths" enough to just end the whole thread?
Anyway the judge says most importantly:
"Al Gore's presentation of the causes and likely effects of climate change in the film was broadly accurate."
regarding the 'errors':
Mr Downes produced a long schedule of such alleged errors or exaggerations and waxed lyrical in that regard. It was obviously helpful for me to look at the film with his critique in hand.
In the event I was persuaded that only some of them were sufficiently persuasive to be relevant for the purposes of his argument, and it was those matters - 9 in all - upon which I invited Mr Chamberlain to concentrate. It was essential to appreciate that the hearing before me did not relate to an analysis of the scientific questions, but to an assessment of whether the 'errors' in question, set out in the context of a political film, informed the argument on ss406 and 407. All these 9 'errors' that I now address are not put in the context of the evidence of Professor Carter and the Claimant's case, but by reference to the IPCC report and the evidence of Dr Stott.
about the errors:
* Ice-sheet driven sea level rise Gore correctly asserted that melting of Greenland or the West Antarctic ice sheet would raise sea levels 20ft (6 meters). In the movie, no timescale for that was specified, but lest you think that the 20 ft number is simply plucked out of thin air, you should note that this is about how much higher sea level was around 125,000 years ago during the last inter-glacial period. Then, global temperatures were only a degree or two warmer than today - and given that this is close to the minimum temperature rise we can expect in the future, that 20 ft is particularly relevant. The rate at which this is likely to happen is however highly uncertain as we have discussed previously.
* Pacific island nations needing to evacuate Much of Tuvalu is only a few feet above sea level, and any sea level rise is going to impact them strongly. The impacts are felt in seemingly disconnected ways - increasing brine in groundwater, increasing damage and coastal erosion from tides and storm surges, but they are no less real for that. The government of Tuvalu has asked New Zealand to be ready to evacuate islanders if needed, and while currently only 75 people per year can potentially be resettled, this could change if the situation worsened.
In the movie there is only one line that referred to this: "That's why the citizens of these pacific nations have all had to evacuate to New Zealand", which is out of context in the passage it's in, but could be said to only be a little ahead of it's time.
* Climate impacts on the ocean conveyor The movie references the Younger Dryas event that occurred 11,000 years ago when, it is thought, a large discharge of fresh water into the North Atlantic disrupted the currents, causing significant regional cooling. That exact scenario can't happen again, but similar processes are likely to occur. The primary unresolved scientific issue regards how quickly the circulation is likely to change as we move forward. The model simulations in the latest IPCC report show a slowdown in the circulation - by about 30% by 2100 - but there is much we don't understand about modeling that circulation and future inputs of freshwater from the ice sheets, so few are willing to completely rule out the possibility of a more substantial change in the future. Further discussion on what this really means and doesn't mean is available here and here.
* CO2 and Temperature connections in the ice core record Gore stated that the greenhouse gas levels and temperature changes over ice age signals had a complex relationship but that they 'fit'. Again, both of these statements are true. The complexity though is actually quite fascinating and warrants being further discussed by those interested in how the carbon cycle will react in the future. We've discussed the lead/lag issue previously. A full understanding of why CO2 changes in precisely the pattern that it does during ice ages is elusive, but among the most plausible explanations is that increased received solar radiation in the southern hemisphere due to changes in Earth's orbital geometry warms the southern ocean, releasing CO2 into the atmosphere, which then leads to further warming through an enhanced greenhouse effect. Gore's terse explanation of course does not mention such complexities, but the crux of his pointï¿½??that the observed long-term relationship between CO2 and temperature in Antarctica supports our understanding of the warming impact of increased CO2 concentrationsï¿½??is correct. Moreover, our knowledge of why CO2 is changing now (fossil fuel burning) is solid. We also know that CO2 is a greenhouse gas, and that the carbon cycle feedback is positive (increasing temperatures lead to increasing CO2 and CH4), implying that future changes in CO2 will be larger than we might anticipate.
* Kilimanjaro Gore is on even more solid ground with Kilimanjaro. In the movie, the retreat of Kilimanjaro is not claimed to be purely due to global warming , but it is a legitimate example of the sort of thing one expects in a warmer world, and is consistent with what almost all other tropical mountain glaciers are doing. There is indeed some ongoing discussion in the literature as to whether or not the retreat of ice on Kilimanjaro is related to the direct effects (warming atmospheric temperatures) or indirect effects (altered patterns of humidity, cloud cover, and precipitation influencing Kilimanjaro's ice mass) of climate change, and that argument isn't yet over. But these arguments would be of more relevance if (a) we were not witnessing the imminent demise of an ice field that we know has existed for at least the past 12,000 years and (b) most of the other glaciers weren't disappearing as well.
* Drying up of Lake Chad It is undisputed that Lake Chad has indeed shrunk rapidly in recent decades. While irrigation and upstream water use are probably contributing factors, the dominant cause is the reduction of rainfall across the entire Sahel from the 1950s to the 1980s and with rainfall today still substantially below the high point 50 years ago. There is substantial evidence that at least a portion of this drying out is human-caused. A few recent papers (Held et al, PNAS; Chung and Ramanathan and Biasutti and Giannini) have addressed causes ranging from Indian Ocean changes in sea surface temperature to the increase in atmospheric aerosols in the Northern hemisphere. Gore uses this example to illustrate that there are droughts in some regions even while other areas are flooding. Unfortunately this is exactly what the models suggest will happen.
* Hurricane Katrina and global warming Katrina is used in the film as a legitimate illustration of the destructive power of hurricanes, our inability to cope with natural disaster, and the kind of thing that could well get worse in a warmer world. Nowhere does Gore state that Katrina was caused by global warming. We discussed this attribution issue back in 2005, and what we said then still holds. Individual hurricanes cannot be attributed to global warming, but the statistics of hurricanes, in particular the maximum intensities attained by storms, may indeed be.
* Impact of sea ice retreat on Polar bears As we presaged in August, summer Arctic sea ice shattered all records this year for the minimum extent. This was partially related to wind patterns favorable to ice export in the spring, but the long term trends are almost certainly related to the ongoing and dramatic warming in the Arctic. Polar bears do indeed depend on the sea ice to hunt for seals in the spring and summer, and so a disappearance of this ice is likely to impact them severely. The specific anecdote referred to in the movie came from observations of anomalous drownings of bears in 2004 and so was accurate. However, studying the regional populations of polar bears is not easy and assessing their prospects is tough. In the best observed populations such as in western Hudson Bay (Stirling and Parkinson, 2006), female polar bear weight is going down as the sea ice retreats over the last 25 years, and the FWS is considering an endangered species listing. However, it should be stated that in most of the discussions about polar bears, they are used as a representative species. Arctic ecosystems are changing on many different levels, but it is unsurprising that charismatic mega-fauna get more press than bivalves. In the end, it may be the smaller and less photogenic elements that have the biggest impact.
* Impact of ocean warming on coral reefs Corals are under stress from a multitude of factors; overfishing, deliberate destruction, water pollution, sea level rise, ocean acidification and, finally, warming oceans. The comment in the movie that rising temperatures and other factors cause coral bleaching is undoubtedly true. Bleaching episodes happen when the coral is under stress, and many examples have been linked to anomalously warm ocean temperatures (Australia in 1998 and 2002, all over the Indian Ocean in recent years). Corals are a sobering example of how climate change exacerbates existing vulnerabilities in eco-systems, potentially playing the role of the straw that breaks the camel's back in many instances.
Now let's look at the nine points and see if Burton classified them correctly.
In scene 21 (the film is carved up for teaching purposes into 32 scenes), in one of the most graphic parts of the film Mr Gore says as follows:
"If Greenland broke up and melted, or if half of Greenland and half of West Antarctica broke up and melted, this is what would happen to the sea level in Florida. This is what would happen in the San Francisco Bay. A lot of people live in these areas. The Netherlands, the Low Countries: absolutely devastation. The area around Beijing is home to tens of millions of people. Even worse, in the area around Shanghai, there are 40 million people. Worse still, Calcutta, and to the east Bangladesh, the area covered includes 50 million people. Think of the impact of a couple of hundred thousand refugees when they are displaced by an environmental event and then imagine the impact of a 100 million or more. Here is Manhattan. This is the World Trade Center memorial site. After the horrible events of 9/11 we said never again. This is what would happen to Manhattan. They can measure this precisely, just as scientists could predict precisely how much water would breach the levee in New Orleans."
This is distinctly alarmist, and part of Mr Gore's 'wake-up call'. It is common ground that if indeed Greenland melted, it would release this amount of water, but only after, and over, millennia, so that the Armageddon scenario he predicts, insofar as it suggests that sea level rises of 7 metres might occur in the immediate future, is not in line with the scientific consensus.
The IPCC report does say that the ice sheets will melt if warming is sustained over millennia, but does not rule out it happening sooner:
Recent satellite and in situ observations of ice streams behind disintegrating ice shelves highlight some rapid reactions of ice sheet systems. This raises new concern about the overall stability of the West Antarctic Ice Sheet, the collapse of which would trigger another five to six metres of sea level rise. While these streams appear buttressed by the shelves in front of them, it is currently unknown whether a reduction or failure of this buttressing of relatively limited areas of the ice sheet could actually trigger a widespread discharge of many ice streams and hence a destabilisation of the entire West Antarctic Ice Sheet. Ice sheet models are only beginning to capture such small-scale dynamical processes that involve complicated interactions with the glacier bed and the ocean at the perimeter of the ice sheet. Therefore, no quantitative information is available from the current generation of ice sheet models as to the likelihood or timing of such an event.
In scene 20, Mr Gore states "that's why the citizens of these Pacific nations have all had to evacuate to New Zealand". There is no evidence of any such evacuation having yet happened.
Yes there is.
Seeing themselves as climate refuges some Tuvalans are already leaving their islands, moving their communities to higher ground in a new land. ... Fala and Suamalie, along with international environmental activists, argue that Tuvaluans and others in a similar predicament should be treated like refugees and given immigration rights and other refugee benefits. This tiny nation was among the first on the globe to sound the alarm, trekking from forum to forum to try to get the world to listen. New Zealand did agree to take 75 Tuvaluans a year as part of its Pacific Access Category, an agreement made in 2001.
Gore's statement is badly worded, since it could be understood to to be saying that entire countries have been evacuated rather than some of the residents.
In scene 17 he says, "One of the ones they are most worried about where they have spent a lot of time studying the problem is the North Atlantic, where the Gulf Stream comes up and meets the cold wind coming off the Arctic over Greenland and evaporates the heat out of the Gulf Stream and the stream is carried over to western Europe by the prevailing winds and the earth's rotation ... they call it the Ocean Conveyor ... At the end of the last ice age ... that pump shut off and the heat transfer stopped and Europe went back into an ice age for another 900 or 1000 years. Of course that's not going to happen again, because glaciers of North America are not there. Is there any big chunk of ice anywhere near there? Oh yeah [pointing at Greenland]". According to the IPCC, it is very unlikely that the Ocean Conveyor (known technically as the Meridional Overturning Circulation or thermohaline circulation) will shut down in the future, though it is considered likely that thermohaline circulation may slow down.
The IPCC says that by "very unlikely", they mean a 5-10% chance of it happening. Since the consequences would be very bad, I think Gore is justified in saying that it is worrying, though it would have been better if he had said that it was a possible rather probable result of continued warming.
In scenes 8 and 9, Mr Gore shows two graphs relating to a period of 650,000 years, one showing rise in CO2 and one showing rise in temperature, and asserts (by ridiculing the opposite view) that they show an exact fit. Although there is general scientific agreement that there is a connection, the two graphs do not establish what Mr Gore asserts.
Burton is wrong here. Gore does not assert that there is an exact fit, but rather that:
The relationship is very complicated. But there is one relationship that is more powerful than all the others and it is this. When there is more carbon dioxide, the temperature gets warmer, because it traps more heat from the sun inside
And that does reflect the scientific consensus.
Mr Gore asserts in scene 7 that the disappearance of snow on Mt Kilimanjaro is expressly attributable to global warming. It is noteworthy that this is a point that specifically impressed Mr Milliband (see the press release quoted at paragraph 6 above). However, it is common ground that, the scientific consensus is that it cannot be established that the recession of snows on Mt Kilimanjaro is mainly attributable to human-induced climate change.
The Kilimanjaro glacier may or may not be disappearing due to global warming, but it is making other tropical glaciers disappear. So while he could have picked a better example, it doesn't affect his argument.
The drying up of Lake Chad is used as a prime example of a catastrophic result of global warming. However, it is generally accepted that the evidence remains insufficient to establish such an attribution. It is apparently considered to be far more likely to result from other factors, such as population increase and over-grazing, and regional climate variability.
Sanjay Gupta reports:
The United Nations Environment Programme says that about half of the lake's decrease is attributable to human water use such as inefficient damming and irrigation methods. The other half of the shrinkage is due to shifting climate patterns. Anada Tiega of the Lake Chad Basin Commission blames climate change for 50 to 75 percent of the water's disappearance.
So some of it is due to human use, but it is wrong to say that global warming has been ruled out as a cause.
In scene 12 Hurricane Katrina and the consequent devastation in New Orleans is ascribed to global warming. It is common ground that there is insufficient evidence to show that.
Gore does not ascribe Katrina to global warming. He follows the scientific consensus in saying that warming will make hurricanes get stronger. Katrina is used as an example of the damage that stronger hurricanes could do and of the consequences of ignoring warnings from scientists.
In scene 16, by reference to a dramatic graphic of a polar bear desperately swimming through the water looking for ice, Mr Gore says: "A new scientific study shows that for the first time they are finding polar bears that have actually drowned swimming long distances up to 60 miles to find the ice. They did not find that before." The only scientific study that either side before me can find is one which indicates that four polar bears have recently been found drowned because of a storm. That is not to say that there may not in the future be drowning-related deaths of polar bears if the trend of regression of pack-ice and/or longer open water continues, but it plainly does not support Mr Gore's description.
Burton is badly wrong here. Look at the news story on the drownings (my emphasis):
"We know short swims up to 15 miles are no problem, and we know that one or two may have swum up to 100 miles. But that is the extent of their ability, and if they are trying to make such a long swim and they encounter rough seas they could get into trouble," said Steven Amstrup, a research wildlife biologist with the USGS.
The new study, carried out in part of the Beaufort Sea, shows that between 1986 and 2005 just 4% of the bears spotted off the north coast of Alaska were swimming in open waters. Not a single drowning had been documented in the area.
However, last September, when the ice cap had retreated a record 160 miles north of Alaska, 51 bears were spotted, of which 20% were seen in the open sea, swimming as far as 60 miles off shore.
The researchers returned to the vicinity a few days later after a fierce storm and found four dead bears floating in the water. "We estimate that of the order of 40 bears may have been swimming and that many of those probably drowned as a result of rough seas caused by high winds," said the report.
There were storms before 2006, but they didn't drown bears. The bears drowned in the 2006 storm because they had to swim further because of global warming.
In scene 19, Mr Gore says: "Coral reefs all over the world because of global warming and other factors are bleaching and they end up like this. All the fish species that depend on the coral reef are also in jeopardy as a result. Overall specie loss is now occurring at a rate 1000 times greater than the natural background rate." The actual scientific view, as recorded in the IPCC report, is that, if the temperature were to rise by 1-3 degrees Centigrade, there would be increased coral bleaching and widespread coral mortality, unless corals could adopt or acclimatise, but that separating the impacts of climate change-related stresses from other stresses, such as over-fishing and polluting, is difficult.
Burton is wrong. The IPCC report actually states:
Late 20th century effects of rising temperature include loss of sea ice, thawing of permafrost and associated coastal retreat, and more frequent coral bleaching and mortality.
Overall, there are a couple of points where I wish Gore would have talked about timescales and probabilities (sea level rise and thermohaline circulation), and a couple of examples that could have been better chosen (Kilimanjaro and Lake Chad). Burton was mistaken on the other points where he felt that Gore went past the consensus. I don't think that there is any harm in the Guidance Notes on Burton's nine points, but the usual suspects will, of course, ignore the fact that the judge found that Gore was "broadly accurate" and try to make it look as if there are serious problems with AIT and climate science.