known for nearly 50 years that unrestricted production and use of their fossil fuel
products create greenhouse gas pollution that warms the planet and changes our
climate. Moreover, they have known for decades that those impacts could be
catastrophic and that only a narrow window existed to take action before the
consequences would become irreversible. They have nevertheless engaged in a
coordinated, multi-front effort to conceal and deny their own knowledge of those
threats, discredit the growing body of publicly available scientific evidence, and
persistently create doubt in the minds of customers, consumers, regulators, the
media, journalists, teachers, and the public about the reality and consequences of the
impacts of their fossil fuel pollution. At the same time, the fossil fuel industry has
promoted and profited from a massive increase in the extraction and consumption of
oil, coal, and natural gas, which has in turn caused an enormous, foreseeable, and
avoidable increase in global greenhouse gas pollution.
The lawsuits assert tort claims, including strict liability failure to warn and
public nuisance, as well as violations of state environmental protection statutes. See,
e.g., State of Rhode Island v. Chevron Corp., et al.
Closing
The United Nations has recognized that climate change is one of the major
challenges of our time and adds considerable stress to societies and the environment.
The impacts of global warming are clearly global in scope and unprecedented in
scale.
Climate change has an impact on an array of internationally guaranteed human
rights. It has long been recognized that a clean, healthy, and functional environment
is central to the enjoyment of human right to life, health, food, and an adequate
standard of living. Climate change poses a definite threat to the natural environment
of human societies’ well-being. Ecosystems, natural resources, and physical
infrastructure are all affected, which in turn impacts human lives and safety.
Harmful impacts include sudden onset events (storms, fires, arctic temperatures, for
example) threatening human lives and safety as well as more gradual forms of
environmental degradations that ultimately will undermine access to clean water,
food, and other essentials to human life. Put simply, climate change will have a
profound effect on the enjoyment of human rights for individuals and communities
across the planet and for years to come if we ignore it. The law, whether litigation
or legislation, can be a powerful tool to address all of these issues.
Signed:
Sharon Y. Eubanks
September 10, 2018
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