Institute - sought to intervene in the case on the side of the U.S. government because the
associations’ members “would have to substantially overhaul their business and business models
to survive in the event plaintiffs prevail.”143 The fossil fuel and energy industry associations were
granted the ability to participate in the proceedings and now have the status as intervenordefendants.144
There is a close relationship between government policies and practices allowing the
extraction, sale, and combustion of fossil fuels and the business activities and practices of fossil
fuel companies. In these proceedings, the Petitioners are seeking a thorough investigation in
Carbon Major Respondents’ business activities and practices. Successful government policies
and practices on climate change are contingent on the corporate transparency, cooperation, and
leadership in reducing emissions.
b.2. Challenging corporate action or inaction concerning climate threats
b.2.1. Securities Fraud, Consumer Protection, and Environmental Laws: State
Attorneys General investigations into Exxon and potentially others for misleading the
public and investors about the threats of climate change
In September 2015 InsideClimate News reported that in 1978, a senior Exxon scientist
informed managers and other company scientists of the likely catastrophic climate change
implications of fossil fuel consumption, but in the decades that followed, Exxon chose to work
“at the forefront of climate denial.”145 In October 2015, the Los Angeles Times reported that there
is evidence that while Exxon “sought to downplay the certainty of global warming,” and Exxon
and Imperial Oil were “closely studying the impact of climate change on the company’s
operations.”146 In April 2016, the Center for International Environmental Law released hundreds
of new documents demonstrating that the oil industry was explicitly warned of climate risks in
the 1960s. Significantly, much of this research was carried out as part of a broader industry
effort—dating from the 1940s—to use industry-funded research to spur public skepticism of
pollution science and environmental regulations.”147 With mounting evidence of Exxon’s early
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
143
Juliana v. U.S., supra note 141 at 5.
Juliana et. al v. United States of America, Order, 6:15-cv-1517-TC, Jan. 14, 2016,
http://www.ourchildrenstrust.org/sites/default/files/16.01.14.OrderGrantingMotiontoIntervene.pdf (last accessed on
Apr. 19, 2016).
145
N. Banerjee, L. Song, and D. Hasemyer, Exxon: The Road Not Taken, InsideClimate News, Sept. 16, 2015,
http://insideclimatenews.org/content/Exxon-The-Road-Not-Taken (last accessed on Apr. 19, 2016).
146
S. Jerving, K. Jennings, M.M. Hirsch, and S. Rust, Los Angles Times, What Exxon knew about the Earth’s
melting Arctic, Oct. 9, 2015, http://graphics.latimes.com/exxon-arctic/ (last accessed on Apr. 19, 2016).
147
Center for International Environmental Law, Press Release, New Documents Reveal Oil Industry Knew of
Climate Risks Decades Earlier Than Suspected; Suggest Coordinated Efforts to Foster Skepticism, Apr. 13, 2016,
http://www.ciel.org/news/smoke-and-fumes/ (last accessed on Apr. 19, 2016).
144
!
43!
!
!
!
!
!
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents