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and the harm caused (2) the ability to foresee a harm based on knowledge or
awareness of a harm or potential harm; and (3) an opportunity and ability to
prevent that harm to determine corporate responsibility.
Please also see the Joint Summary that provides greater detail about specific
principles from the UNGP���s that can guide and inform the Commission in its
deliberations about whether the conduct at issue is consistent with corporate
responsibilities to respect human rights.
Q18: Based on Part 2, could you please summarize the evidentiary basis for fold
holding fossil fuel companies accountable?
A18: In short, the evidence collected in Smoke & Fumes supports key elements of
a corporate responsibility analysis.
(1) The Carbon Majors, by benefit of atmospheric science research funded
by oil companies since the 1950’s were aware and could foresee the harm, or
the threat of harm, caused by the production, marketing and sale.
Documented research into the atmospheric behavior of carbon dioxide by oil
companies began no later than 1957 for Humble Oil (ExxonMobil) and 1958
by the American Petroleum Institute. API and its members were explicitly
warned by no later than 1968 that CO2 was accumulating in the atmosphere
from anthropogenic sources; that the combustion of fossil fuels was the most
important source of these CO2 emissions; that rising levels of CO2 and other
greenhouse gases had the potential to alter the earth’s radiation balance on a
planetary scale; and that this change to the global climate create the risk of
widespread, severe and potential catastrophic impacts on the global
environment. were likely to be severe. While acknowledging that some
uncertainties remained, the industry’s own researchers emphasized that the
highest priority for research was in technologies and other changes to reduce
greenhouse gas emissions.
(2) The Carbon Majors, were aware and had the opportunity and ability to
prevent the harm caused by the production, marketing, and sale of their
products.
By the 1970s, Exxon (now ExxonMobil) was explicitly warned by its own
scientists of the consensus surrounding climate change; Shell was warned no
later than 1986. By the late 1980s, at least two companies - Shell and Exxon
- were incorporating likely climate changes into their operational planning.
Despite this knowledge, fossil fuel companies engaged in both individual
and coordinated campaigns to mislead the public about the existence, causes
and severity of climate risks. These campaigns are well documented in the
1980s and 1990s, extended into the 2000s, 2010s, and likely continue to this
day.
Q19: Given said discussion, what are the report’s key findings and/or
conclusions, if any?