company’s conduct, the availability for the first time of a significant number of Shell documents heralds a potential step change in the speed and scale of future revelations. The greater attention paid to Exxon and other US oil producers also arises, in part, precisely because they are widely considered US companies – notwithstanding their own global operations. This US presence and identity makes Exxon and other US oil majors of particular interest to journalists, climate advocates, and others interested in better understanding the oil industry’s decades-long campaign of climate denial and obstruction in the largest emitting country on the planet. By contrast, major carbon producers headquartered outside the United States have received less scrutiny. Modest but compelling evidence already exists that European oil majors were or should have been aware of climate risks at the same time as their US counterparts; that these firms were members of US industry groups known to fund climate denial; and that active denial operations were also conducted within and across Europe.2 But this European evidence remains limited in comparison to that available about US companies. Here, again, the new Shell documents represent a potential turning point. Royal Dutch Shell: A European and US Carbon Major To an arguably greater extent than any other oil major, Royal Dutch Shell is and always has been a truly global company. Despite its dual origins in the Netherlands and the A Crack in the Shell | United Kingdom, and its historic leadership from within those countries, Shell has operated actively and extensively throughout the world for well over a century, including the United States. Shell has operated in the United States since the early years of the 20th century, organized its first US company in 1928,3 was listed on the New York Stock Exchange in 1954, and chaired the American Petroleum Institute (API) for the first time just a few years later, under British-born HMS Burns.4 ment stretching back to the 1950s. It proves unequivocally that Shell, like ExxonMobil, was on early and explicit notice of potential climate risks associated with the company’s core products – fossil fuels. It documents that Shell, like ExxonMobil, had at its disposal both profound scientific expertise in relevant disciplines and the resources to deploy that expertise to profoundly shape long-term trajectories for both the company itself and the world as a whole. As the API chairmanship suggests, Shell has been an active and fully embedded member of the US oil industry for nearly a century. As the discussion herein demonstrates, that engagement extends to every aspect of the oil industry’s engagement on air pollution generally and climate change specifically. Significantly, And this analysis sheds new light on the often stark dichotomy between Shell’s internal understanding of climate risk and its public characterization of and operational responses to that risk. Shell had at its disposal both profound scientific expertise in relevant disciplines and the resources to deploy that expertise to profoundly shape longterm trajectories for both the company itself and the world as a whole. Smoke and Fumes: The Legal and Evidentiary Basis for Holding Oil Companies Accountable for Climate Change details how actual or imputed awareness of a risk (Notice) establishes a critical link in the causal chain across jurisdictions and under in an array of legal domains, ranging from tort to non-contractual liability to human rights law.5 that US history now provides a critical backdrop against which this new cache of documents can be evaluated and their significance for Shell and for the world more fully assessed. Significantly, the present analysis shows how Shell’s internal and external documents from the 1980s and 1990s built on – and in important cases ignored – a history of climate science and climate engage- 3 | 1946-1979: Shell on Notice of Climate Risks Documentary evidence demonstrates that Shell had early, repeated, and often urgent notice of potential climate risks linked to its products and operations. As previously noted, Shell has actively engaged with API and other industry groups for much of the last century. Leaders from Royal Dutch Shell were prominent in API events from no later than the 1920s,6 and API member lists indicate that Shell was an active API member by no Center for International Environmental Law

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