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The foregoing is a simplified discussion of a complex topic; and I am not
licensed or qualified to assess how the specific legal provisions referenced
have been applied or interpreted by the courts of the Philippines. They
nonetheless reflect the general trend and underlying rationale of law and
jurisprudence on company’s responsibilities to properly warn users regarding
the potential risks associated with their products.
Q17: How would this apply to the fossil fuel companies that produce,
manufacture, market, and sell carbon products?
A17: At all relevant times, fossil fuel companies can and should be presumed to
be experts in all aspects of the products they produced, manufactured,
marketed or otherwise put into the stream of commerce. From the early
twentieth century onward, oil companies routinely recruited scientists and
engineers representing an array of scientific and technical disciplines from
top tier universities. They maintained large, well-funded and well-staffed
scientific operations. In addition to conducting their own research programs,
oil companies routinely commissioned research from outside institutions,
both as individual companies and through joint research programs funded
and coordinated through WOGA, API and other industry groups. New
developments in relevant scientific fields were routinely tracked,
systematically archived, and regularly communicated, both within individual
companies and within the industry. Industry records further demonstrate that
the oil companies, in particular, were early pioneers in a wide array of fields
and scientific techniques ranging from radiocarbon dating, paleoclimates and
hurricane research to the early research and deployment of supercomputers,
public opinion research and consumer psychology.
These records further demonstrate that, by no later than the 1930s, issues of
air pollution were of common interest and shared concern within the
industry. By the 1940s, oil industry groups were actively funding
coordinated scientific research and public relations campaigns into high
priority air pollutants. Accordingly, by no later than the late 1940s, and
certainly thereafter, climate risks were at least as foreseeable to fossil fuel
companies as they were to the community of climate researchers and that, at
minimum, fossil fuel companies can be presumed to be aware of climate
relevant information being discussed, investigated and communicated on by
relevant industry associations and professional associations.
More fundamentally, a growing body of documentation demonstrates clearly
that from 1957 onward, the fossil fuel industry had not only constructive
notice, but actual knowledge of the potential for, likelihood of, and ultimately
the certainty of anthropogenic climate change caused by fossil fuel
combustion and of the array of potential human, social and environmental
harms climate change might engender.
Agents, With Regard to Products Covered by Mandatory Product Certification and Prescribing
Penalties for Violation Thereof §6.8
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