Thursday, December 16, 2021

Congress, Unions Can Cure Rail Worker Shortage

Written by Frank N. Wilner, Capitol Hill Contributing Editor

Railroads, including Amtrak, are hiring, but applicants are scarce. The Washington Post reports Amtrak is short 1,500 workers, and may be forced to eliminate some service, trim some daily long-distance trains to three times weekly, and delay inauguration of new routes. Already, Amtrak is operating at 80% of its pre-pandemic schedule.

Although Amtrak has a help-wanted sign hanging nationwide, one doesn’t fall off a turnip wagon to work on an Amtrak passenger train, a maintenance-of-way gang or in a repair shop. Earning a federal locomotive engineer license requires training for up to 24 months; and at least six months of training before certification as a conductor. Both positions require a mastery of safety protocols, operating rules and route familiarization.

Compounding the labor shortage are Amtrak employees selfishly thumbing their noses at medical science and refusing—for a host of reasons including misinformation spread via social media—to be vaccinated against COVID-19. Aside from putting their own and their families’ lives in danger, they threaten the health and lives of fellow employees and Amtrak passengers. Amtrak CEO William J. Flynn says some 6% of Amtrak’s current 17,000 employees so far have failed to be vaccinated and will be terminated Jan. 4.

As for potential new hires, many resist accepting jobs requiring nights away from home, flexible work schedules and weekend assignments—even when compensation tops $100,000 annually and includes incomparable healthcare benefits. Other potential new hires sadly are unable to pass drug-screening tests. “If we were fully staffed, we would be able to offer more schedule, where right now we’re unable to do that,” Qiana Spain, Amtrak’s Executive Vice President of Human Resources, told the Washington Post.

Neither scrubbing a vaccination requirement nor reducing training time are solutions. The unvaccinated pose too great a health threat to those with whom they come in contact. Cutting short stringent training requirements, even were it lawful under provisions of federal engineer and conductor licensing requirements, similarly puts in danger others’ lives.

But there is a near immediate solution.

With favorable congressional legislation and rail labor union cooperation, Amtrak—and freight railroads—could coax out of retirement recent retirees still in good health who might leap at an opportunity to return to work temporarily while efforts continue to find and train new hires.

Retirees could be returned to service rather rapidly with refresher training as is provided recalled furloughed rail workers. These seasoned veterans and their families long ago learned to balance the downsides of railroad work with the positives, with many being second, third and fourth generation railroaders. Moreover, they would be an asset in helping train the new hires. 

Indeed, there are retirees who likely are bored or miss the workplace comradery. Others may have miscalculated financial needs in retirement, or would use the additional earnings for a luxury not previously considered. Still others have taken non-railroad employment at a fraction of their previous railroad compensation because current law prevents a return to railroad employment.

Coaxing retirees back to work might not be so difficult were Congress to pass legislation temporarily allowing continuation of monthly Railroad Retirement benefits plus a separate paycheck reflecting current railroad wage scales. 

Congress has to act—and it could act quickly, as the fix is relatively simple and straightforward—because the law currently provides that “a railroad annuity is not payable for any month in which you work for a railroad, regardless of age or amount of earnings.”

Without legislation temporarily lifting the prohibition on payment of Railroad Retirement benefits, a retiree returning to rail employment would forfeit Railroad Retirement benefits in any month he or she held railroad employment. Thus, legislation is the quid pro quo for coaxing rail retirees back to work.

A second snag relatively easy to undo is seniority. A rehiring bonus could be paid by Amtrak in exchange for the returning retiree going to the bottom of the seniority roster. Alternatively, temporary seniority roster adjustments could be made. In fact, the temporary rehires would not necessarily be bumping current Amtrak employees, but, in many cases, filling empty slots.

Unions would have incentive to facilitate a mutually acceptable answer to the seniority question as each union has been struggling financially from years of declining rail industry employment levels and would crave the near immediate workforce augmentation. Even under rail labor’s “union shop” agreements, there is a lag—sometimes of many months—in union dues payment by new hires; but returning retirees would immediately resume dues payment, while new hires eventually filling those slots would keep the dues money flowing.

Frank N. Wilner

This combination remedy of legislation and union cooperation could be extended to freight railroads similarly experiencing labor shortages.

Railway Age Capitol Hill Contributing Editor Frank N. Wilner is author of “Amtrak: Past, Present, Future,” and “Understanding the Railway Labor Act.” Publication of his latest book, “Railroads & Economic Regulation,” is pending.

World Energy: ‘Chaos’ Is Just About Right

Written by David Nahass, Financial Editor
image description

FINANCIAL EDGE, DECEMBER 2021 ISSUE: Now that the drama around the CP-KCS merger has finally subsided, the rail market has to occupy itself with other more mundane issues, such as the forward trajectory of coal loadings. Representing 12% of railcar loadings (even in its diminished state), coal remains a critical industry issue.

It was noteworthy, but underreported, that at the end of October, many utilities were obligated to provide state regulatory bodies sets of plans to address a 2020 EPA rule requiring a reduction of the pollutants in wastewater discharges from power plants. The 2020 rule was a Trump Administration rollback/softening of an Obama Administration rule. The rollback decreased the number of impacted power generating facilities from more than 100 to 75. This is out of a total of more than 900 coal-fired generating stations in the U.S. Included in the utilities most impacted are some large coal burners like Southern Company and NRG.

The world’s energy markets are in some form of disarray. Panic might be too strong of a word, but chaos seems just about right. Soaring natural gas prices in Europe have led to increasing export coal demand. Higher oil prices have led President Biden to dip into strategic oil reserves. As much of the U.S. contemplates the impact of a La Niña winter, the weather picture continues to remain unsettled. The doom and gloom contingency expects another Texas-style (if not sized) power grid failure sometime in winter 2021-22.

— “Let’s not be naïve and confuse demand for railcars with a demand for coal. Coal loadings continue to languish below 2019 levels. The trend here is irreversible.” —

In the midst of these events, coal railcars have been having a moment (see the 2022 Railroad Financial Desk Book in the October issue). Indeed, the price of natural gas seems to have increased certain pockets of coal demand where none may have existed at this time last year. 

In spite of the recent uptick, let’s not be naïve and confuse demand for railcars with a demand for coal. Coal loadings continue to languish below 2019 levels (see illustration above). The trend here is irreversible. The Trump rollback muted the number of plants impacted by the EPA rule. It did not eliminate it. The ongoing momentum against coal echoes the sentiment put forth in March 2021’s Financial Edge: No matter what kind of energy market chaos exists right now and to what kind of energy market chaos the country may be headed in the future, burning more coal is not on the national or political agenda. It is more likely that power generators will be decommissioning those facilities impacted by the EPA reg (or converting them to natural gas) before the 2028 deadline.

Furthermore, don’t be surprised if those additional plants that escaped the EPA today find their way back onto the agenda as President Biden uses the remainder of his term to expand the scope of the EPA regulation. Ongoing anti-coal bias makes one wonder two things: One, as the U.S. government peacocks about other countries’ need to decrease global GHG emissions, will the U.S. decide to cap coal exports? Two, what environmentally friendly commodity will replace coal as Santa’s naughty commodity de siècle (compost perhaps)? 

What Santa won’t be bringing to consumers, owners and manufacturers of rail equipment is clarity about the 2022 rail economy. (Unlike many other successful entrepreneurs, Santa has stayed in his lane and refused to expand into economic forecasting—plus hot rolled steel just doesn’t fit under the tree.) With that in mind, it feels right to look forward into 2022. Rapid and extreme reactions to labeling COVID “Omnicron” as a variant of interest demonstrate the global economy’s fragility and the prominence of a pandemic-based reactionary mentality. Clearly, pandemic-synonymous volatility remains present and fears of supply chain disruption are still just one variant away. 

2022 is likely to be a mix of tentative behaviors as equipment consumers try to balance concerns about ongoing economic growth vs. the possibility of long-term inflationary pressure and the potential for rising interest rates. Evaluating the price dynamics for raw materials of steel and aluminum and its impact on railcar pricing is paramount for anyone who has been waiting for a window to purchase or lease new railcars. 

David Nahass, Railway Age Financial Editor

Pent-up demand is balanced against potential supply chain rationalization and a qualified “return to normalcy” that could lead to a reduction in lease rates as idle car supply increases. However, do not expect a shift by the railroads to pursue a growth strategy in pursuit of railcar loadings even as they stare face-to-face with a gravesite hacked into the ground by the Ghost of Christmas future as played by the STB. 

A safe and healthy holiday season and a successful 2022! 

 

BNSF, Caterpillar, Chevron to Pilot Hydrogen-Powered Locomotive

Written by Marybeth Luczak, Executive Editor
BNSF, which has tested LNG-fueled and battery-electric locomotives, will now run a hydrogen fuel cell-powered unit on its lines.

BNSF, which has tested LNG-fueled and battery-electric locomotives, will now run a hydrogen fuel cell-powered unit on its lines.

BNSF, Caterpillar, Inc. and Chevron U.S.A., Inc. have teamed on a locomotive pilot to “confirm the feasibility and performance of hydrogen fuel for use as a viable alternative to traditional fuels for line-haul rail.”

The companies, which made the announcement on Dec. 14, have signed a memorandum of understanding (MOU) for the project.

Progress Rail, a Caterpillar company, will design and build a prototype hydrogen fuel cell-powered locomotive for line-haul and/or other rail service; Chevron will develop the fueling concept and infrastructure; and BNSF will make available its lines for prototype testing.

BNSF Vice President of Environmental John Lovenburg

“The proposed demonstration project is subject to the negotiation of definitive agreements with customary closing conditions, including regulatory approval,” the companies said. “If established, additional details about the hydrogen locomotive demonstration, including where the initial pilot will take place and its timing, will be released at a later date.”

The partnership follows Caterpillar and Chevron’s Sept. 9 report that they would jointly develop hydrogen demonstration projects in both transportation and stationary power applications.

Caterpillar Group President of Energy and Transportation Joe Creed

“BNSF is pleased to collaborate with Chevron and Progress Rail in piloting locomotives powered by hydrogen fuel cells,” BNSF Vice President of Environmental John Lovenburg said. “This technology could one day be a lower-carbon solution for line-haul service, as it has the potential to reduce carbon emissions and remain cost competitive.”

“Working with Chevron and BNSF will allow us to advance hydrogen technology across the industry,” Caterpillar Group President of Energy and Transportation Joe Creed said.

Chevron New Energies President Jeff Gustavson

“Our work with Progress Rail and BNSF is an important step toward advancing new use cases for hydrogen in heavy-duty transport, as we seek to create a commercially viable hydrogen economy,” Chevron New Energies President Jeff Gustavson said. 

BNSF has also tested LNG (liquified natural gas)-fueled and battery-electric locomotives.

In other developments, Union Pacific’s EMD 710 and 645 series locomotives can now run with a higher biodiesel fuel blend content. The Class I railroad reported on Aug. 19 that Progress Rail approved using up to 20% biodiesel blend in its units. Previously, the EMD 710s and 645s were approved to operate at 5%.

Following are more Railway Age articles on alternate technology-powered locomotives:

PHL to Test Progress Rail EMD® Joule

Southern Railway of BC Going ‘Green’ With Switcher Retrofit

Wabtec, GM Team on New Locomotive Power Systems

SERA To Build Hydrogen-Powered Switcher

BNSF/Wabtec BEL Pilot: The Results Are In and BNSF/Wabtec BEL Pilot Under Way

Zero-Emission Locomotives on U.S. Railways?

Fuel Cells and Batteries: The Future of Mobility?

The ‘H’ Factor

CP Embarks on Hydrogen Locomotive Pilot (With more information here: 2021 Railroader of the Year: Keith Creel, Canadian PacificCP Hydrogen Locomotive Pilot Powered by BallardFirst Look: CP’s Hydrogen Zero Emissions Locomotive; and CP: Green ‘Gas ’n Go’ Gets Grant.

Hydrogen Strategy for Canada’s Railways

OptiFuel Producing Natural Gas Switchers

Cummins QSK95 for Freight

Clean Diesel Options, Hydrogen, and the Future Of Cummins Rail – RAIL GROUP ON AIR

New From Cummins: QST30 Repower Module




DOUG FORD NUKES ONTARIO

Ontario’s Nuclear Supply Chain Secures Agreement for a Major Investment

Provincial leadership on nuclear energy creating jobs and helping reduce global emissions

December 15, 2021

Energy


CAMBRIDGE – The Ontario government is building Ontario by attracting jobs and investment, including in our world-class nuclear supply chain. Today, GE Hitachi Nuclear Energy (GEH), BWXT Canada Ltd. (BWXT Canada) and Synthos Green Energy (SGE) announced their intention for BWXT Canada to build key components, here in Ontario, for small modular reactors (SMRs) for use in Poland. This agreement represents approximately $1 billion in contracts for BWXT Canada and marks the first major export opportunity of this Made-in-Ontario technology.

"With the recent announcement of Canada's first grid-scale SMR at the Darlington site Ontario is leading the way in new nuclear technologies that represent tremendous economic and environmental opportunities for our province and all of Canada," said Todd Smith, Minister of Energy. "The agreement between GEH, BWXT Canada and SGE is proof that the world is watching Ontario when it comes to SMRs. Our strong nuclear supply chain and talented workforce are already paying dividends and cementing our reputation as a global hub for SMR expertise."

Under the agreement, BWXT could manufacture a wide range of products including reactor pressure vessels, reactor internals, fuel handling systems and other key components. This would support hundreds of jobs at BWXT's Ontario facilities for a period of ten years while providing Poland with a cutting-edge source of reliable and emission-free technology.

"Ontario's innovation ecosystem and strong talent pool make our province ripe for developing the energy and cleantech solutions of the future," said Vic Fedeli, Minister of Economic Development, Job Creation and Trade. "We congratulate GEH, BWXT Canada and SGE on this exciting new partnership which would lead to the creation of good, local jobs for Ontario workers and the families that rely on them."

This builds on recent developments in Ontario, which is a first-mover on SMR technology. GEH was recently named Ontario Power Generation's technology development partner to deploy a BWRX-300 SMR at their Darlington new nuclear site, which is expected to be completed as early as 2028. In November 2021, GEH and BWXT Canada announced their agreement to cooperate on engineering and manufacturing for BWRX-300 equipment and components.

Ontario's leadership in SMRs builds on the legacy of Canadian-designed CANDU reactors which have helped countries around the world, including Argentina, South Korea, India and Romania, decrease their emissions. With renewed interest globally in nuclear technology as countries look for ways to decarbonize their electricity grids, Ontario's nuclear supply chain is prepared to supply the world and export Ontario's nuclear expertise.


Quick Facts

  • Ontario’s electricity supply was 94 per cent emissions-free in 2020. Nuclear energy serves as the backbone of Ontario’s electricity system providing approximately 60% of the electricity the province uses every year. The province’s clean electricity grid also relies on hydroelectric, other renewable electricity sources (wind and solar) and natural gas.
  • A typical SMR can generate between 2 and 300 megawatts of electricity, which could provide power for a village or small city.
  • SMRs have the potential to drive job creation, economic growth and export opportunities and would allow Ontario to leverage its highly-skilled nuclear industry and work force to be a potential supplier of products, services and expertise in the global SMR market.

Quotes

"Waterloo Region is known for its world-class technology sector, so I applaud BWXT for working with their partners to bring jobs and investment to our local community. I'm thrilled that our Made-In-Ontario SMR technology, which is an energy game-changer, is being exported globally."

- Mike Harris
MPP for Kitchener-Conestoga

"OPG's decision to build a grid-scale SMR is extremely important not only for Canada and for us as Synthos Green Energy, but for the whole planet as it makes it possible to implement similar projects in Poland and around the world. As Poland decommissions coal-fired sources, SMRs can play an essential role in deep decarbonization and in meeting the energy needs of a growing economy. I look forward to Poland having a special position on the global map of SMR technology development."

- Michał Sołowow
Owner of the Synthos Group

"This agreement represents a tremendous opportunity for BWXT Canada and the Ontario nuclear supply chain to secure a leading role in the global deployment of SMRs. We thank GEH for their recognition of the unique skills and capabilities available in the Ontario nuclear supply chain and OPG and SGE for their leadership in potential deployment of this advanced, reliable and carbon-free power generation technology in Canada and Poland. We also thank the Ontario government for their continued support of the Ontario nuclear supply chain."

- John MacQuarrie
President of BWXT Nuclear Power Group

"OPG is leading the way in development and deployment of the next generation of clean nuclear power in Canada with help from Ontario’s robust nuclear supply chain, including at BWXT. As we advance this project, we are pleased to work with other jurisdictions also working to battle climate change using the affordable, zero-emissions power supplied by small modular reactors."

- Ken Hartwick
President and CEO of Ontario Power Generation

"Canada is ready to lead the world in the deployment of small modular reactors and BWXT Canada is strongly positioned to support the deployment of our SMR technology in Canada and around the world. With rapidly growing global interest in the BWRX-300, GEH is poised to bring significant value to Canada through partners like SGE, benefitting Canada with high paying jobs for decades to come."

- Jay Wileman
President and CEO of GE Hitachi Nuclear Energy


Additional Resources

    Learn more about small modular reactors


    Related Topics

    Business and Economy

    Information about Ontario’s economy and how to do business here. Includes economic development opportunities, research funding, tax credits for business and the Ontario Budget. Learn more

    Environment and Energy

    Learn more about how Ontario protects and restores wildlife and the environment. Includes information on conservation and the electricity system. Learn more

    Jobs and Employment

    We’ve got the resource and supports to help connect job seekers with employers. Learn more

    The threat from Thwaites: The retreat of Antarctica's riskiest glacier

    The threat from Thwaites: the retreat of Antarctica’s riskiest glacier
    Thwaites ice cliff. The glacier currently contributes four percent of annual global sea level 
    rise. Credit: Rob Larter, BAS

    Antarctica's Thwaites Glacier is retreating rapidly as a warming ocean slowly erases its ice from below, leading to a faster flow, more fracturing and a threat of collapse, according to an international team of scientists. The glacier currently contributes four percent of annual global sea level rise. If it does collapse, global sea levels would rise by several feet—putting millions of people living in coastal locations in danger from extreme flooding.

    Dr. Peter Davis, Physical Oceanographer at British Antarctic Survey (BAS), says: "Thwaites Glacier in West Antarctica is a river of ice the size of Great Britain that has been changing dramatically over the past 30 years. The speed at which it flows into the ocean has doubled, and there are fears that a complete collapse of the glacier could raise sea levels by over 60cm. Critically, the glacier is currently held back by an , a floating extension of the glacier that is held in place by an underwater mountain.

    Recent research as part of the International Thwaites Glacier Collaboration has shown that this ice shelf is under attack from all sides. It is being melted from below by warm ocean waters, causing it to lose its grip on the underwater mountain. At the same time, massive fractures are forming and growing across the ice shelf surface. The research suggests that at the current rate of change, this critical ice shelf will begin to break apart within the next two decades, with severe consequences for the stability of Thwaites Glacier and ultimately sea level here in the UK."

    The threat from Thwaites: the retreat of Antarctica’s riskiest glacier
    Thwaites field camp. Thwaites Glacier is retreating rapidly as a warming ocean slowly
     erases its ice from below. Credit: BAS

    The International Thwaites Glacier Collaboration is a collaboration between UK and US scientists, involving over 60 scientists and students. This five year project is aimed at collecting instrument data throughout the glacier and the adjacent ocean, and modeling ice flow and the future of the ice sheet. Their work has revealed major changes in the ice, the surrounding water and the area where it floats of the bedrock below. The ITGC It is one of BAS' flagship projects and several of our science and support staff are currently being deployed for the start of the 2021–2022 field research season.

    Thwaites sits in West Antarctica, flowing across a 120km stretch of frozen coastline. A third of the glacier flows more slowly than the rest—it's braced by a floating ice shelf which prevents faster flow of the upstream ice. But the brace of ice slowing Thwaites won't last for long, said Erin Petitt, an associate professor at Oregon State University. Beneath the surface, warmer ocean water circulating beneath the floating eastern side is melting the ice directly from beneath. This floating extension of the Thwaites Glacier will likely only survive a few more years.

    Peter Davis, whose team use hot water to drill access holes from the surface of the ice shelf to the ocean cavity hundreds of meters below, adds: "Warm water is also a threat for the so-called 'grounding zone,' the area where the glacier lifts off the seabed. The ocean waters in the grounding zone are warm, by polar standards, and salty, and this generates prime conditions for melting the ice shelf from beneath."

    Credit: British Antarctic Survey

    Peter Washam, a research associate at Cornell University, also studies the grounding zone. His team lowered a remote-controlled underwater robot through the borehole to take measurements of the ocean, ice and seafloor in this region. They mapped these properties up to the point where the ice and seafloor came in contact. Washam describes the grounding zone as "chaotic," with warm water, rugged ice, and a steep, sloping bottom that allows the water to quickly melt the ice sheet from below.

    Upstream of here, researchers have found that water is pumped under the ice sheet by tides. Lizzy Clyne, an adjunct professor at Lewis and Clark College, and their team study the tidal pumping mechanism that physically forces warm water between the ice and bedrock at Thwaites. The floating portion of the glacier rises and falls with the tides—and that motion acts like a lever, pumping water under the ice sheet. Also, downstream of the grounding zone on the bottom of the floating ice shelf, constant stretching and melting is rapidly creating long channels through the ice where  can flow, impacting the long term stability of the ice shelf, said Clyne.

    As Thwaites retreats upstream and into the ice sheet, it may form very tall ice cliffs at the ocean front. Anna Crawford, a postdoctoral researcher at the University of St. Andrews, and her team use computer modeling to study ice cliff failure: a process by which ice can break off the ends of the glacier into the open ocean. The process can take on many forms, but all of them could lead to very rapid retreat of the massive glacier. The bedrock shape of West Antarctica makes the region vulnerable to rapid retreat via ice-cliff failure, as increasingly tall cliffs could be exposed as the ice retreats. This could lead to a chain-reaction of fracturing, resulting in collapse, said Crawford. A challenge for the team is assessing if, when, and how fast this might occur, but major ice loss is possible within several decades to a few centuries.

    The threat from Thwaites: the retreat of Antarctica’s riskiest glacier
    Thwaites Glacier is one of Antarctica’s most unstable glaciers. Credit: Jeremy Harbeck

    Ted Scambos, a senior research scientist at the Cooperative Institute for Research in Environmental Sciences (CIRES) says: "If Thwaites were to collapse, it would drag most of West Antarctica's ice with it, so its critical to get a clearer picture of how the glacier will behave over the next 100 years. "

    ITGC research, including future sea-level projections, will be vital for policy makers in their efforts to mitigate and adapt to the impacts of global sea level rise.Scientists find record warm water in Antarctica, pointing to cause behind troubling glacier melt

    More information: For more information, see thwaitesglacier.org/

    The teenagers and the nun trying to stop an Australian coal mine

    By Kayleen Devlin
    BBC Monitoring

    Sister Brigid Arthur and Anjali Sharma outside the federal court in Melbourne with their lawyer David Barnden

    When eight teenagers and an elderly nun in Australia teamed up for a climate case, they won, in a historic judgement. Their case has now been appealed by the country's government. If the final verdict swings in their favour, it will have ramifications not just for Australian law but for climate cases world-wide.

    In May this year, Anjali Sharma was sitting in her economics class at school in Melbourne when the court in Sydney live-streamed the results of a climate case she had found herself at the centre of. It took a while to sink in.

    "To me it all just sounded like jargon. It took a briefing from my legal team to understand the magnitude of what had happened," she says.

    At that moment 17-year-old Ms Sharma and the seven other teenagers involved in her case had made history. Alongside 87-year-old Catholic nun Brigid Arthur, who acted as the young people's legal guardian, they'd taken Australia's environment minister, Sussan Ley, to court - and won.

    "It felt really rewarding to be able to engage in something so historic for Australia, and needed too," says Ms Sharma.

    Their case attempted to stop the expansion of the Vickery coal mine in New South Wales, which is estimated to add an extra 170 million tonnes of fossil fuel emissions to the atmosphere.

    The judge in their case, Mordy Bromberg, ruled that the government had a duty to protect young people against future harm related to climate change. It's the first time in the world that a duty of care of this kind has been recognised.

    Justice Bromberg did not, however, grant them an injunction to prevent the expansion of the mine. In his view, the court didn't have any evidence that Sussan Ley would actually approve the extension, and any injunction would be pre-emptive.

    Yet in September Ms Ley approved the extension of the Vickery coal mine, as well as three others since then. The government is also appealing the decision in the Sharma case - the outcome of which is due soon.


    Environment minister Sussan Ley

    The government used a "substitution argument" as one reason to approve Vickery, says the lawyer representing the Sharma case, David Barnden.

    "It's the argument that if this particular coal project didn't go ahead, it wouldn't make a difference to the total amount of emissions because effectively the market would fulfill that demand. That's otherwise known as the drug dealer's defence - it's the idea that 'If I don't deal drugs then somebody else will.'"

    For Sister Brigid Arthur, the minister's decisions since the success of their case are "quite provocative".

    Sister Arthur has spent a lifetime working with young people. For over two decades she has been acting as a litigation guardian - instructing lawyers on behalf of those who can't represent themselves - in cases mostly involving refugees. Before that she was a secondary school teacher. This is her first environmental case.

    "It's engaged young people in a way that seems quite extraordinary. It's certainly for me something new," she says.

    She was approached by lawyers just over a year ago who asked her to act as the teenagers' litigation guardian. She didn't take much convincing.

    "I'm pretty passionate about climate change and while I don't work directly in this area, I'm very conscious of the fact that it's important for people to do what they can.

    "Young people are the ones who will inherit whatever we're doing now, so they have every right to be calling people to account."


    Ms Sharma says Australia must take urgent climate action

    In speaking out, Ms Sharma has made herself a target for attacks.

    "I've been messaged a lot of threats," she says.

    "Some of the big news sources in Australia have, I guess, quite a right-wing following, so when news sources like that have covered my story I learned really quickly not to read the comments."

    A 2019 report which investigated four publications owned by Australia's most powerful media company, News Corp Australia, argued that they promoted climate scepticism. Of over 8,000 articles analysed, 45% of all items either rejected or cast doubt upon consensus scientific findings.

    In response, a News Corp Australia spokesman said the year-old report was "imbalanced" and coming from "a political activist group with a history of bias against our company's journalism".

    News Corp Australia recently has been viewed as softening its hostility towards climate action by advocating for net zero emissions by 2050.

    Despite this, shortly before and during COP26, videos from News Corp-owned Sky News Australia were recycled and found traction on social media amongst climate sceptics.

    One Sky News Australia segment in which the host condemns youth climate activists as "selfish, badly educated, virtue-signalling little turds" was shared by the head of the advocacy group the CO2 coalition and received over 45,000 likes and 16,000 retweets.

    As the science of climate change has become harder to argue with, a growing and common tactic is often to shoot the messenger instead - often accusing them of hypocrisy.

    "Comments like 'Oh, she's wearing jeans and I bet she doesn't know how much water goes into producing a pair of jeans,'" says Ms Sharma. "And you know, they're right. I do own a pair of jeans. But me not owning that pair of jeans is not going to cut Australia's emissions in half by 2030."



    More on climate change in Australia:

    Why Australia refuses to give up coal

    How climate politics is bitterly contested

    Australian Islanders take climate fight to the UN



    When Sister Brigid first met the teenagers, who knew each other through attending climate protests, she was struck by their passion. She describes them as a group of young people "who really believe in this, who feel like they can't stop".

    "There are very few greys with young people," she says. "Everything is so black and white."

    But for now, all they can do is wait for the result of the appeal to be announced.

    Despite widespread recognition of the need to move away from coal, there are different approaches when it comes to putting that knowledge into practice. At the COP26 summit in Glasgow, coal became a point of contention after delegates from China and India requested a last-minute change to the agreement, switching the phrase "phase out" coal with "phase down".

    The results of the appeal and their case could be game-changing - not only for Australia but for other parts of the world too.

    A success in their case could signal an erosion in support for fossil fuel burning and extraction with more lawsuits of this kind ahead. But if the minister's appeal is successful, it could see courts effectively vacate the climate field.


    Only Indonesia exports more coal than Australia

    Australia is the world's second-largest exporter of coal. Following the Glasgow summit, Australian Prime Minister Scott Morrison said the coal industry will be operating in the country for "decades to come". He added that the plan to achieve net zero by 2050 will not come at the cost of rural and regional Australians.


    "The world is grappling with this collective action problem of climate change. Every mine has its part to play and every decision counts," says Mr Barnden.

    "What the court found was that the emissions from this particular extension project could be the emissions that tip us over the edge to these nonlinear tipping points which would further accelerate climate change."

    He hopes that the duty of care ruling - if maintained through the appeal process - can influence other jurisdictions and give hope to young people to be able to participate in the legal process.

    "It's a very foundational legal case to approach the problems caused by climate change, and the principles of negligence exist in a whole range of common law countries, from the UK, to New Zealand, Canada and the US as well."

    It's too soon to tell whether this case will provide a turning point on climate inaction. But for Ms Sharma and the other teenagers involved in her case, the time for action is now.

    "I really hope the federal court realises that Australia is now running behind the rest of the world, and that the duty of care that my case seeks to establish is really, really needed right now."