later than 1949, both directly and through several subsidiaries.7 Documentary evidence also shows that Shell’s engagement with API was not limited to US subsidiaries, and it demonstrates direct engagements between Shell’s European headquarters and key US entities on relevant pollution issues. For example, a roster of API’s Medical Advisory Committee from 1956 shows at least two Shell executives were members of the committee.8 API records document extensive and ongoing coordination between this committee and the Smoke and Fumes Committee, discussed more fully below. Notably, minutes from a 1958 meeting include executives from Dutch Shell, in addition to those from its American subsidiaries.9 More saliently, Shell was involved directly with API’s research into pollutants of the air and atmosphere, and was itself on early notice of climate change. In 1946, faced with growing media attention to and public concern for California’s smog crisis, industry executives from the Western Oil and Gas Association (now the West- ern States Petroleum Association) founded the Smoke and Fumes Committee to coordinate the industry’s scientific research into air pollution issues and its public communications about air pollution science.10 In the face of mounting public demands for action on air pollution, in California and beyond, the Smoke and Fumes Committee was designed explicitly to both fund research into air pollution and to leverage that industry-funded research to shape the views of government agencies and the broader public with respect to the science and potential regulation of air pollution.11 Recognizing the potential nationwide significance of air pollution issues, the Smoke and Fumes Committee was subsumed within the American Petroleum Institute by 1952.12 Shell was an early and active participant in the Smoke and Fumes Committee. In 1958, Charles Jones wrote a history of the Smoke and Fumes Committee.13 Jones identified himself as both the Executive Secretary of the Smoke and Fumes Committee as well as an executive with Shell.14 In the document, Jones reported that the Committee was funding a study at Truesdail Labo- ratories to “determine the amount of carbon of fossil origin” in the atmosphere.15 This document is the earliest evidence yet unearthed that demonstrates a coordinated industry-wide research program into the accumulation of fossil carbon in the atmosphere and clear evidence that major oil producers, including Shell, were on notice of potential climate risks. In a presentation on behalf of the Smoke and Fumes Committee to the government-convened National Conference on Air Pollution later that same year, Jones assured participants that the oil industry had a “sincere interest” in solving pollution problems arising from automobile exhaust. Jones declared the industry’s intent to address emissions not only from the production of oil and gas, but from their use: The petroleum industry supplies the fuel used by the automobile, and thus has a sincere interest in the solution to the problem of pollution from automobile exhaust. The stated objective of the Smoke and Fumes Committee of the American Petroleum Institute is to “determine the causes and methods of control of objectionable atmo- EXHIBIT 1 Excerpt from presentation by Shell scientist Charles Jones to National Conference on Air Pollution, 1958 Charles A. Jones, A Review of the Air Pollution Research Program of the Smoke and Fumes Committee of the American Petroleum Institute, 8 J. of the Air Pollution Control Ass’n 268, 270 (1958), available at http:// www.tandfonline.com/doi/pdf/10.1080/00966 665.1958.10467854. A Crack in the Shell | 4 | Center for International Environmental Law

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