temperature increase to not exceed 2° Celsius by 2100—and continues to invest its resources contrary to the 2° Celsius goal.80 Similarly, according to Energy Transition Advisors and the Carbon Tracker Initiative, Shell is making its projections based on a scenario that puts the world on a pathway for a temperature rise of roughly 6 degrees Celsius.81 The Carbon Majors are ignoring the science and the harms related to the combustion and use of the coal, oil and gas that they produce. The companies have the technical and financial capability to prevent the harm. As a means to comply with the requirements of identifying, preventing, mitigating, and accounting for adverse human rights impacts, it is important that immediate steps are taken by the companies to eliminate the risk of further human rights infringements. 4. The groundbreaking Carbon Majors data makes it feasible to assign responsibility to the Carbon Majors collectively and individually for human rights impacts resulting from climate change and ocean acidification. The Carbon Majors Study “represents an important milestone in establishing legal accountability for climate change impacts.”82 According to the Center for International Environmental Law: By tracing industrial CO2 emissions to their underlying source, and to a small group of companies and entities whose actions have made a measurable, demonstrable and historically important contribution to global warming, this research demonstrates one important route by which those barriers can and will be overcome by plaintiffs in future litigation.83 The Carbon Majors collectively contribute to global climate change, in that the emissions by one company are not distinguishable in their effects from emissions by other companies. The research therefore provides the best surrogate or proxy measure of responsibility that has been devised to date. The Carbon Majors data identifies the Carbon Majors’ responsibility, jointly and severally, for contributing predominately to climate change and its resulting impacts that are interfering with the enjoyment of human rights. Therefore, while it is not possible to attribute a specific harm, or threat thereof, to the carbon produced by a single Carbon Major, there is a substantial probability that the climate impacts experienced by Filipinos are made significantly !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 80 ExxonMobil, Energy and Carbon – Managing the Risks, Mar. 31, 2014, http://cdn.exxonmobil.com/~/media/global/files/other/2014/report---energy-and-carbon---managing-the-risks.pdf (last accessed June 16, 2015). 81 Energy Transition Advisors and Carbon Tracker Initiative, Responding to Shell: An Analytical Perspective, June 2014, http://www.carbontracker.org/wp-content/uploads/2014/09/CTI-Shell-Response-Final-030714-Full2.pdf, at 4.. 82 The Center for International Environmental Law, CIEL Reaction to Carbon Majors Report, Nov. 22, 2013, http://www.ciel.org/Climate_Change/CarbonMajors_22Nov2013.html (last accessed June 16, 2015). 83 Id. ! 30! ! ! ! ! !

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