severity of droughts, heat waves, and floods; driving sea level rise that threatens infrastructure
and aquifers in coastal regions; and increasing the intensity and impacts of catastrophic
hurricanes and cyclones. In so doing, climate change is having devastating impacts on
fundamental human rights, including the rights to food, water, sanitation, health, housing, and an
adequate standard of living. Most fundamentally, and for millions of people worldwide, climate
change impacts the right to life for this and future generations and jeopardizes the right to a
balanced and healthful ecology that is our intrinsic right as human beings. Although climate
change affects people from all walks of life, its impacts fall disproportionally and grievously on
women, children, and marginalized populations,
Potentially Profound Consequences on Human Lives and Human Populations were a
Foreseeable Risk of Fossil Fuel Combustion for Many Decades
While these impacts are tragic and regrettable, they were not unexpected. The role of human
activities generally, and fossil fuel combustion specifically, in causing climate change and its
resulting impacts has been theorized for more than a century, and has been actively studied and
intensively documented for many decades. The possibility that fossil fuel combustion might
significantly raise planetary temperatures was theorized in 1896, and remained the subject of
debate in scientific and popular literature in the ensuing decades.4 By 1938, credible research,
supported by historical data on fossil fuel combustion and weather records, suggested that carbon
dioxide (CO2) from fossil fuel combustion was already accumulating in the atmosphere and
theorized that rising CO2 might already be affecting atmospheric temperatures. 5
By the late 1950s, leading scientists were warning that humanity was conducting a vast and
unprecedented experiment on the global climate; 6 climate theories were reported in national
magazines in the United States;7 and the possibility that climate change might submerge entire
cities was the subject of educational filmstrips on television.8 In 1965, buttressed by the first of
many high scientific committees that would synthesize the state of science on the issue the
President of the United States, in a special message to the U.S. Congress, warned that humankind
was already “altering the atmosphere on a global scale through … a steady increase in carbon
dioxide from the burning of fossil fuels.”9 And by the end of that decade, a growing body of
scientific research not only supported and substantiated climate theories, but raised increasingly
dire alarms about the potentially catastrophic if still uncertain impacts on agriculture, rainfall
4
Center for International Environmental Law (CIEL), Oil Industry Knowledge of and Responses to Carbon Risk
and its Relevance to the Responsibilities of the Carbon Majors under Human Rights and Other Regimes 4 (February
2016) [hereinafter “Synthesis Report”].
5
See id. at 5.
6
See id. at 6.
7
See Science, One Big Greenhouse, Time Magazine, May 28, 1956, available at
http://content.time.com/time/magazine/article/0,9171,937403,00.html.
8
The Unchained Goddess (Bell Laboratory Science Series 1958) (climate segment available at
http://climate.nasa.gov/blog/447/).
9
See Revelle et al., Atmospheric Carbon Dioxide, in Restoring the Quality of Our Environment 111-33 (President’s
Science Advisory Committee, Washington, D.C. 1965), available at
https://dge.carnegiescience.edu/labs/caldeiralab/Caldeira%20downloads/PSAC,%201965,%20Restoring%20the%20
Quality%20of%20Our%20Environment.pdf.
3