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including sophisticated scientific and technical research operations in the
fields of meteorology, geology, climatology, and hydrology. In light of this
expertise, and the expertise commonly imputed to those involved in the
extraction, production, and marketing of goods, the Carbon Majors can be
reasonably assumed to have been experts in the risks of their products at all
relevant times for purposes of assessing appropriate standards of care. More
fundamentally, their notice of potentially significant risks associated with
their products and operations carried a responsibility to adequately warn
consumers, investors and the public with respect to those risks.
Instead of actively warning the public, these companies instead pursued
avenues to expand the production and consumption of fossil fuels, and failed
to develop or deploy technologies that could have avoided or dramatically
reduced the risks of climate change associated with their products and
operations.
Q12: On 16 November 2017, CIEL released the report entitled, “Smoke and
Fumes: The Legal and Evidentiary Basis for Holding Big Oil Accountable
for the Climate Crisis” (Petitioners’ Exhibit “K”), how is this related, if
any, to CIEL’s initial release of hundreds of documents in April 2016?
A12: The referenced report synthesizes, for the first time, the key documents
collected by an array of sources, drawing not only on CIEL’s Smoke &
Fumes documents, but on documents gathered by other researchers and
organizations, including the Los Angeles Times & Columbia School of
Journalism, Inside Climate News, ClimateFiles, New York Times, Union of
Concerned Scientists and others. An early summary of this evidence was
prepared specifically for the use by the Commission in CIEL’s original
amicus submission in the present inquiry.
The Smoke and Fumes Synthesis also incorporates important new
documents that were not available to CIEL when the original Smoke &
Fumes database was launched in April 2016 or when its original amicus was
submitted in February 2017. . It combines this evidence regarding corporate
knowledge and corporate conduct with important recent advances in the
attribution of climate change and climate impacts, including significant
publications by Ekwurzel et al. and Oreskes & Supran, among others.
Finally, and significantly, the Smoke & Fumes Synthesis presents this
evidence in the context of fundamental principles of legal responsibility
shared by multiple fields of law, including human rights law, the law of torts
in common law jurisdictions, and the law of non-contractual civil liability in
civil law jurisdictions. This analysis of the core legal principles underlying
the concept of responsibility across regimes thus argues that the available
and mounting evidence supports a finding that the major oil companies are
ethically and legally responsible for harms caused by climate change where
those harms are fairly attributable to emissions resulting from the
production, marketing, and sale of their products.