6
Q13: How did this report come about?
A13: During the period of time between the initial launch of the Smoke and
Fumes website in 2016 and the release of the November 2017 Legal and
Evidentiary Synthesis Report, a number of key developments and documents
were brought to our attention. The Smoke & Fumes Synthesis Report builds
upon CIEL’s earlier work on Smoke & Fumes and, more significantly, on an
earlier synthesis of available evidence included as the Annex to CIEL’s
original amicus submission to the Commission. The Report was created to
provide a ready means for researchers, investigators, and others to assess and
navigate a rapidly growing body of documentary evidence, and to allow
direct and easy access to the underlying documentation wherever feasible.
Q14: Did this report undergo any form of scrutiny from other scholars or
researchers?
A14: While CIEL did not submit its Legal and Evidentiary Synthesis report to a
formal peer review process prior to release, drafts of the report were shared
with outside researchers with relevant expertise for review and comment.
Additionally, at numerous stages throughout the development of the project
including the development of the website and the Smoke & Fumes database,
CIEL has consulted with outside experts to inform our assessment of the
content and significance of individual documents. CIEL has also reached out
to researchers whose work is discussed in Smoke & Fumes to ensure our
characterization of their findings and methods were appropriate and drew
upon that earlier guidance in presenting and analyzing evidence for the
report.
Q15: Briefly, what is this report all about?
A15: This report summarizes the letters and research that demonstrate how major
fossil fuel companies had deep knowledge of climate change earlier than
they have publicly acknowledged, and then not only failed to warn the
public of the potentially severe danger their products pose, but then actively
undertook efforts to mislead and confuse the public regarding the certainty
of climate science and the dangerous impacts of climate change. This
knowledge, combined with both the actions and inactions of the companies
involved, is an appropriate basis for legal responsibility under several
theories of liability, including civil liability theories of tort, non-contractual
obligations under civil law, and international human rights law.
Q16: The report is divided into two (2) parts: Part 1 of the report, pages 3 to 6,
discusses “The Legal Basis for Accountability: Fundamental Elements of
Responsibility under Tort, Civil Liability, and Human Rights” and Part 2,
pages 7 to 25, tackles “The Evidentiary Basis for Accountability: Notice,
Opportunity, and Failure to Act.” Could you please briefly summarize the
key points of each part?
A16: Part 1 is a comparative review of the nature of responsibility, that details the
history and jurisprudence of causation, harm, and foreseeability under