A.
For decades, Carbon Majors Companies knew or should have known of
potential climate risks associated with their productions and operations
As documented in the Petition, recent investigations have uncovered extensive evidence
regarding the companies’ research into climate change, their knowledge regarding the risks, and
their behavior in light of that knowledge.
The “greenhouse effect” was first evidenced by John Tyndall in 1859 and received wide
attention in works by Svante Arrhenius in the late 19 th and early 20th centuries. In 1917
Alexander Graham Bell wrote “[The unchecked burning of fossil fuels] would have a sort of
greenhouse effect,” and proposed the use of alternative energy forms, such as solar. After Guy
Callendar published a series of papers on fossil fuel combustion and observed temperature
increases beginning in the late 1930s, scientific discussion of the topic steadily grew. In 1956, a
New York Times headline stated, “Warmer Climate on Earth May be due to More Carbon
Dioxide in the Air.”330 These developments were discussed in public and in the scientific
literature, and it is reasonable to expect the Carbon Majors knew or should have known about
them.
Documentary evidence demonstrates that no later than 1957, at least one of the Carbon
Majors - Humble Oil, now ExxonMobil - was aware of and actively investigating climate
change.331 Industry records indicate that by no later than 1958, the oil and gas industry was
funding research into fossil carbon in the atmosphere as part of a coordinated industry research
program.332 By no later than 1968, and repeatedly thereafter, oil industry leaders were explicitly
warned by their own scientists of potentially severe climate risks, and of the fossil fuel
industries’ contribution to those risks.333
Between 1977 and 1982, scientists at Exxon repeatedly confirmed the scientific
consensus that climate change was occurring and that fossil fuel combustion was the primary
cause, and communicated those findings to top management. 334 By 1986, internal reports
produced by another Carbon Major, Royal Dutch Shell, acknowledged the risk of climate
change, noting that “the changes may be the greatest in recorded history.” 335
B.
Despite Notice of the Potential Climate Risks Associated with their
Products and Operations, Carbon Majors Companies Repeatedly Failed
to Adequately Inform the Public of those Risks or to Take Measures to
Address Them
In light of the foregoing evidence, and extensive additional documentary evidence
submitted by Petitioners and amici, the Commission may reasonably conclude that the Carbon
330
Plan B brief, at § 6.4.
Annex to Amicus Curiae brief submitted by CIEL, at p. 5, https://businesshumanrights.org/sites/default/files/documents/CHR-NI-2016-0001%20CIEL%20ANNEX%2010.2.17.R.pdf
[hereinafter CIEL brief, Annex].
332
CIEL brief, Annex, at p. 5.
333
Id. at p. 9.
334
Id. at pgs. 10-12.
335
CIEL, SMOKE AND FUMES: THE LEGAL AND EVIDENTIARY BASIS FOR HOLDING OIL COMPANIES ACCOUNTABLE
FOR CLIMATE CHANGE, supra note 323, at 15.
331
69
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents