part of the commingled or blended product. Before the rebuttable presumption undergirding this theory is activated, a plaintiff must prove by a preponderance of the evidence that the defendant contributed-in-fact to the injury by showing that each defendant’s product was part of the commingled mass that injured the plaintiff. The theory thus requires the plaintiff to prove that each defendant’s gasoline was part of the commingled product, but relieves the plaintiff of the duty to prove that each individual defendant’s contribution to that product, in and of itself, was sufficient to have caused an injury. “Rather, to establish liability against a particular defendant with respect to an individual well, [the plaintiff] must show that (a) the defendant’s MTBE was present in a commingled product and (b) that the commingled product [rather than defendant’s product alone] caused plaintiff’s injury.” The combination of 'commingled product theory' with Rick Heede's research into the contribution of 'carbon majors' to total greenhouse base emissions, appears to provide a sound basis for attributing climate change loss and damage to fossil fuel corporations and others. Climate change litigation Courts have considered the question of causation in two recent climate change cases. In the 2015 Urgenda case the Government of the Netherlands argued that: it cannot be seen as one of the causers of an imminent climate change, as it does not emit greenhouse gases [see 4.66]. The court held, however, that: ... it is an established fact that the State has the power to control the collective Dutch emission level (and that it indeed controls it). Since the State’s acts or omissions are connected to the Dutch emissions a high level of meticulousness should be required of it in view of the security interests of third parties (citizens), including Urgenda ... From the above considerations ... it follows that a sufficient causal link can be assumed to exist between the Dutch greenhouse gas emissions, global climate change and the effects (now and in the future) on the Dutch living climate. The fact that the current Dutch greenhouse gas emissions are limited on a global scale does not alter the fact that these emission contribute to climate change. The court has taken into consideration in this respect as well that the Dutch greenhouse emissions have contributed to climate change and by their nature will also continue to contribute to climate change. In April 2016,in United States District Court for the District of Oregon, Case 6:15-cv01517-TC, Coffin Magistrate Judge, again considering the causal relationship between governmental acts and omissions and climate change loss and damage 46