85. 1 In a 1977 presentation and again in a 1978 briefing, Exxon scientists warned the 2 Exxon Corporation Management Committee that CO2 concentrations were building in Earth’s 3 atmosphere at an increasing rate, that CO2 emissions attributable to fossil fuels were retained in 4 the atmosphere, and that CO2 was contributing to global warming.56 The report stated: 5 7 There is general scientific agreement that the most likely manner in which mankind is influencing the global climate is through carbon dioxide release from the burning of fossil fuels . . . [and that] Man has a time window of five to ten years before the need for hard decisions regarding changes in energy strategies might become critical.57 8 The report concluded that “doubling in CO2 could increase average global temperature 1°C to 9 3°C by 2050 A.D. (10°C predicted at poles).”58 6 10 86. Thereafter, Exxon engaged in a research program to study the environmental fate 11 of fossil fuel-derived greenhouse gases and their impacts, which included publication of peer- 12 reviewed research by Exxon staff scientists and the conversion of a supertanker into a research 13 vessel to study the greenhouse effect and the role of the oceans in absorbing anthropogenic CO2. 14 Much of this research was communicated in a variety of industry fora, symposia, and papers shared 15 through trade associations and directly with other Defendants. 16 87. Exxon scientists made the case internally for using company resources to build 17 corporate knowledge about the impacts of the promotion, marketing, and consumption of 18 Defendants’ fossil fuel products. Exxon climate researcher Henry Shaw wrote in 1978: “The 19 rationale for Exxon’s involvement and commitment of funds and personnel is based on our need 20 to assess the possible impact of the greenhouse effect on Exxon business. Exxon must develop a 21 credible scientific team that can critically evaluate the information generated on the subject and be 22 able to carry bad news, if any, to the corporation.”59 Moreover, Shaw emphasized the need to 23 24 56 25 26 27 28 SHER EDLING LLP Memo from J.F. Black to F.G. Turpin, The Greenhouse Effect, Exxon Research and Engineering Co. (June 6, 1978), http://www.climatefiles.com/exxonmobil/1978-exxon-memo-on-greenhouse-effect-for-exxon-corporationmanagement-committee. 57 Id. 58 Id. 59 Memo from Henry Shaw to Edward David Jr., The “Greenhouse Effect,” Exxon Research and Engineering Company (Dec. 7, 1978), http://insideclimatenews.org/sites/default/files/documents/Credible%20Scientific %20Team%201978%20Letter.pdf. COMPLAINT 40