enterprises involved or other third parties).”70 Whereas for “directly linked”, the corporation has a responsibility to use its “leverage to encourage the entity that caused or contributed to the impact to prevent or mitigate its recurrence.”71 Despite the scientifically established links between carbon emissions from fossil fuel production and climate change and ocean acidification, and the resulting human rights implications, there are fossil fuel companies actively preventing action to reduce greenhouse gas emissions and solutions by denying the science and running campaigns of confusion, similar to the tactics employed by the tobacco industry.72 For example, according to research endorsed by leading NGOs, Chevron funds the American Legislative Exchange Council (ALEC);73 and ALEC has expressed uncertainty about human influence on the climate.74 A list of publications providing background on the involvement of fossil fuel industry, either directly or indirectly, in undermining action on climate change and in climate denial efforts is contained in Annex “E.” Since this Petition was filed in September 2012, investigative journalists and the Center for International Environmental Law have published new documents revealing that Exxon and others have known about threats of climate change for decades, yet there are examples of members of the fossil fuel industry engaging in activities that undermine climate science and action. These documents with a video explanation are compiled in a USB device named Exhibit “C”. The new developments are discussed in sub-section 8 below. ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 70 Id. at 18. Id. 72 See Public Health Law Center, United States v. Philip Morris (D.O.J. Lawsuit), 71 http://publichealthlawcenter.org/topics/tobaccoDcontrol/tobaccoDcontrolDlitigation/unitedDstatesDvD philipDmorrisDdojDlawsuit (last accessed on Apr. 19, 2016); Camille von Kaenel, Environment & Energy Publishing, Critics of Exxon Mobil Draw Parallels to Big Tobacco, Dec. 9, 2015, http://www.eenews.net/climatewire/2015/12/09/stories/1060029208 (last accessed on Apr. 19, 2016); Union of Concerned Scientists, The Climate Change Dossiers, July 2015, http://www.ucsusa.org/globalwarming/fight-misinformation/climate-deception-dossiers-fossil-fuel-industry-memos#.Vfp7wZ2qpHw (last accessed on Sept. 17, 2015); Oreskes, N., & Conway, E. M., Merchants of doubt: How a handful of scientists obscured the truth on issues from tobacco smoke to global warming, New York: Bloomsbury Press (2010); Greenpeace USA, Dealing in Doubt: The Climate Denial Machine v. Climate Science, Sept. 2013, http://www.greenpeace.org/usa/en/campaigns/global-warming-and-energy/polluterwatch/Dealing-in-Doubt---theClimate-Denial-Machine-vs-Climate-Science/ (last accessed on Sept. 17, 2015); U.S. Senators Edward J. Markey (D-Mass.), Barbara Boxer (D-Calif.) and Sheldon Whitehouse (D-R.I.) sent letters to “100 fossil fuel companies, trade groups, and other organizations to determine whether they are funding scientific studies designed to confuse the public and avoid taking action to cut carbon pollution, and whether the funded scientists fail to disclose the sources of their funding in scientific publications or in testimony to legislators.” Ed Markey, US Senator for Massachusetts, Press Release, Markey, Boxer, Whitehouse Query Fossil Fuel Companies, Climate Denial Organizations on Science Funding, Feb. 25, 2015, http://www.markey.senate.gov/news/press-releases/markeyboxer-whitehouse-query-fossil-fuel-companies-climate-denial-organizations-on-science-funding (last accessed on Sept. 18, 2015). 73 Center for Media and Democracy, et al., ALEC’s Climate Change Denial, http://alecclimatechangedenial.org. For information on ALEC’s Funders, including Chevron, see http://alecclimatechangedenial.org/corporate-funders (last accessed Aug. 6, 2015). 74 American Legislative Council, Interstate Research Commission on Climate Change Act, section 2, http://www.alec.org/model-legislation/interstate-research-commission-on-climatic-change-act/ (last accessed Aug. 6, 2015). ! 28! ! ! ! ! !