What did the companies do instead of making the morally and legally responsible
actions to warn the public and address the climate pollution from their products?
Unfortunately, we know now how the story went instead. Over decades
and even today, Carbon Majors like Shell and ExxonMobil choose to wage a war
on climate science and climate action. For [nearly] 3 decades, they’ve invested
in a broad, deep, expensive, and sophisticated public campaign of deception,
denial, and delay in an attempt to sow doubt in climate science and undermine
meaningful action— a legacy we are living with today.4 They penetrated into the
halls of academia and the US Congress, they sat at the tables of international
fora, stifled renewable energy technologies, covered pages of elite media, even
while inside their own halls, they were quietly using climate change projections
into their operations. They were careful to protect their own infrastructure from
rising seas, but chose to leave the most vulnerable people exposed to the impacts
of unabated warming. Why? To protect their profits— although, they might say it
was all for our prosperity so we could live modern lives. More of their favorite
narratives. They chose to pit profit against human rights like this was the only
choice on the table.
Imagine if Shell and other Carbon Majors had chosen another path when
it started researching and understanding the risks climate change posed to
human beings and the planet in the 1950s, 1960s, 1970s, 1980s, 1990s, or even in
2000. What if they instead shared it with innovators, collaborated with
governments to take meaningful, urgent, and effective action on the risks and
harms they had identified? How many lives could have been spared? How many
people could have avoided the kinds of indignities and loss we heard about from
our witnesses if different decisions were made?
What are they doing about it today, now that they know better?
Well, actions speak louder than words -- and they are saying a lot these
days, but not doing better, and certainly not enough. Their investments in
renewable energy are measly at best. Carbon Majors like Exxon and Shell
continue to invest in developing new dirty projects like in the Patagonia,5 as if
there is no end in sight to fossil fuel production. Shell tells its investors oil and gas
See e.g. Union of Concerned Scientists, “The Climate Deception Dossiers” (2015), available at
https://www.ucsusa.org/global-warming/fight-misinformation/climate-deception-dossiers-fossilfuel-industry-memos#.XBFktBNKj-Y, last accessed on 12 December 2018.
5 Brian Walzel, “Producers Set Sights on Vaca Muerta” E&P Hart Energy (11 April 2018), available
at https://www.epmag.com/producers-set-sights-vaca-muerta-1690866, last accessed on 12
December 2018.
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Closing Statement for the Petitioners | 5