Memorandum for the Petitioners | 69 6.6. By the 1980s, the entire fossil fuel industry knew there was a scientific consensus that climate change was real, caused by the use of their fossil fuel products, and would have significant impacts on the environment and human rights. However, instead of acting on this information to reverse or limit the harmful impacts of their operations, there is evidence that certain companies used the information to support and maintain their harmful business model.2"° With the establishment of the IPCC and the start of the global climate negotiations in the 1990s, the fossil fuel industry ran full blown campaigns to manufacture doubt about climate science with the aim of delaying meaningful action.?” 6.7. The respondents’ actions continue to profit over human rights, even today, despite the into force and the IPCC’s Special Reports in 2018 continued to invest in fossil fuel products, despite demonstrate an intent to put Paris Agreement entering and 2019. The respondents the clear scientific grounds supporting a rapid phase-out to avoid the worst impacts of climate change.”*! This is a new form of climate denial, where fossil fuel companies bet on humanity failing to achieve global and national climate commitments. 6.8. While a few of the respondents responded to the Petition with lofty statements about their efforts to address climate change, they have thus far refused to engage in a dialogue with the petitioners about the real climate harms being suffered by the Filipino people.””? Not one of the respondents submitted evidence or testified after the National Inquiry commenced, despite the Honorable Commission’s accommodating measures (i.e., conveniently holding inquiry hearings and consultations in countries where respondents are headquartered). The respondents’ disregard of the National Inquiry is yet another example of companies’ failure to fulfill their responsibility to act with due diligence and respect and protect human rights. 289 Muffet, C., supra note 141, p. 13, 32; Jerving, S., et al. (09 October 2015), What Exxon Knew About Earth's Melting Arctic, Los Angeles Times, available at http://graphics.latimes.com/exxon-arctic/ (last accessed on 12 September 2019); Carlson, J. M. (03 August 1988), Exxon Memo on the Greenhouse Effect, p. 7, available at http:/Awww.climatefiles.com/exxonmobil/566/ (last accessed 12 September 2019). 29 Davies, K., supra note 223, pp. 3-9; See Exhibit “J,” Supran, G. and Oreskes, N. (23 August 2017), Assessing ExxonMobil’s Climate Change Communications (1977-2014). 291 See Exhibit “VVVVVVVV" to “VVVVVVVV-15,” McGlade, C. and Ekins, P. (08 January 2015), The Geographical Distribution of Fossil Fuels Unused When Limiting Global Warming to 2°C; See Exhibit “WW WWWWWW" to “WWWWWWWW-14,” Statement of Resource Persons, Mark Campanale and Andrew Grant dated 28 October 2018; Muttitt, G. (16 January 2019), Assessing Shell's Climate Plans. Oil Change International, available at https://storage.googleapis.com/planet4-philippinesstateless/20 16/07/e9ff6 | fa-shell-climate-gm-philippines-chr.pdf (last accessed on 12 September 2019); Hill, J. S. (01 April 2019), Big Oil Invested More Than $1 Billion On Misleading Climate Lobbying Since Paris, CleanTechnica, available at https://cleantechnica.com/2019/04/0 I /claims-big-oil-invested-over1- billion-on-misleading-climate-lobbying-since-paris-labelled-fanciful/ (last accessed on 12 September 2019). 22 Petitioners’ Consolidated Reply, also available at https://securedstatic.greenpeace.org/seasia/ph/PageF iles/73529 1/Human_Rights_and_Climate_Change_Consolidated_Re ply_2_10_17.pdf?_ga=2.190604203.1262065206. 1567606580- 120434268 1.1567606580 (last accessed on 12 September 2019).