In multiple legal domains, the concept of responsibility flows from three main elements: an ability to
perceive a harm, an ability to prevent a harm, and a causal link between the responsible party and the
harmed party. The pioneering work of Rick Heede and others has demonstrated that a small group of
investor and state owned corporations—the Carbon Majors—have contributed measurably and
disproportionately to climate change through their production of the fossil fuels that are the major driver
of climate change.
This report reviews the factual background of the oil industry’s knowledge and awareness of climate
change. We present the evolution of the petroleum industry’s understanding of climate change throughout
the twentieth century and offer examples of the actions it took to confuse or mislead the public.
The evidence in this report comes from several sources, including the Center for International
Environmental Law, InsideClimate News, the Union of Concerned Scientists, the Los Angeles Times and
the Columbia School of Journalism, DeSmog Blog, and others. A more detailed description of these
sources, their limitations, and their treatment in this synthesis, is set forth as Annex 1 to this Report.
Consolidated Findings of Fact
Theories regarding the potential link between fossil fuel combustion at atmospheric temperature
increase were widely reported in scientific literature and academic texts relevant to the oil
industry from the early decades of the 20th Century.
The Oil Industry had incentives, opportunity, and relevant expertise to investigate and understand
climate science
Documentary evidence demonstrates the Oil Industry was on notice of potential climate risks by
1957
Humble Oil, at the time a wholly-owned subsidiary of Esso (now ExxonMobil), published
research acknowledging the link between fossil fuels and atmospheric CO2 in 1957
Industry Records document that Industry Research into air pollution issues was highly
coordinated and shared widely within the industry
Industry Records document that this Coordinated Industry Research program included research
into fossil carbon in the atmosphere by no later than 1958
Industry Records and Other Sources indicate that this Industry Research program was used to
mobilize public opposition to regulation of air pollutants by sowing doubt regarding air pollution
science
The Oil Industry was expressly warned of the potential severity of climate risks by its own
consulting scientists in 1968 and repeatedly thereafter
The Oil Industry held early patents on numerous technologies that might have reduced climate
change risk
The Oil Industry funded climate misinformation efforts despite its own best information
Even while blocking public action to address climate change, oil companies took steps to protect
their own assets from climate risks
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