Memorandum for the Petitioners | 44 wholly-owned subsidiary of Esso, now respondent ExxonMobil.!> The paper identified the link between the burning of fossil fuels and rising carbon dioxide emissions.!*° 5.47. In a statement to the United States Department of Health Education and Welfare in 1958, concerning air pollution from transportation, Charles Jones, then Executive Secretary of API’s Smoke & Fumes Committee,'*’ noted that carbon dioxide was an inescapable component of gasoline combustion in automobiles.'** In the same document, API assured the US government that the industry was committed to controlling pollution emissions not only from the production of its products, but from their use.!°? In present day terminology, these are called scope three (3) emissions, which are all indirect emissions, including upstream which occur in a company’s value chain.’ and downstream emissions, 5.48. In a separate report also published in 1958, which summarized the industry’s research into air pollution, Charles Jones expressly referenced a project aimed at determining the amounts of atmospheric carbon attributable to fossil fuel combustion.'*' 5.49. Coupled with API’s 1954 investment in research and documentary evidence of climate research by a leading oil company, Humble Oil (now respondent ExxonMobil) in 1957, the Smoke and Fumes documents from 1958 indicate that the whole industry was starting to understand its own role in COz emissions and climate change and was considering its responsibility related to those emissions. 5.50. A 1959 speech to industry leaders by the physicist Edward Teller presented an even starker warning -- and still more explicit notice -- of the "5 Id, p. 17. '56 Id., p. 17; See also Exhibit “YY” to “YY-7,” Brannon Jr., H. R., ef al. (1957), Radiocarbon Evidence on the Dilution of Atmospheric and Oceanic Carbon by Carbon from Fossil Fuels. 157 tn 1957-58, when API first acknowledged coordinated research into atmospheric carbon from fossil fuels, the following Carbon Majors companies were API members directly, or through their predecessors, subsidiaries or affiliates: Ashiand Oil, British Petroleum, Chevron, Conoco Phillips, ExxonMobil, Petroleos de Venezuela, and Shell Oil. (Submitted for the record as a document annexed to slide 26 of testimony on May 23rd.),” Muffett, C., supra note 141, p. 18, citing http://dupontasbestosdocuments.com/d2/API/11507.pdf (last accessed on 12 September 2019). '58 C.A. Jones, Executive Secretary, Smoke and Fumes Committee, American Petroleum Institute, submitted to United States Department of Health Education and Welfare (19 November 1958), Sources of Air Pollution: Transportation (Petroleum), p.2, available at https://www.industrydocuments.ucsf.edu/docs/#id=xrem0047 (last accessed on 12 September 2019). 159 Id. pp. 2-3. ‘6° Task Force on Climate-related Financial Disclosures (hereinafter, “TFCD”) (2017), Final Report: Recommendations of the Task Force on Climate-related Financial Disclosures citing Greenhouse Gas Protocol, “Calculation Tools, FAQ,” available at https://www. fsb-tcfd.org/publications/finalrecommendations-report/ (last accessed 12 September 2019). ‘6! Muffett, C., supra note 141, p. 18, citing Exhibit “ZZ” to “ZZ-5, Jones, C. A. (1958), A Review of the Air Pollution Research Program of the Smoke and Fumes Committee of the American Petroleum Institute, Journal of the Air Pollution Control Association, pp. 268-272.