SMOKE AND FUMES 31 CHAPTER 6 Endnotes 1 2 3 4 5 6 7 8 9 10 11 12 13 See Gero Reuter, Peruvian Farmer Sues German Energy Firm RWE, Deutsche Welle (Nov. 24, 2016), http://www.dw.com/en/peruvianfarmer-sues-german-energy-firmrwe/a-36506880. See John Vidal, World’s Largest Carbon Producers Face Landmark Human Rights Case, THE GUARDIAN (July 27, 2016, 11:11 AM), https://www.theguardian.com/ environment/2016/jul/27/worlds-largestcarbon-producers-face-landmark-humanrights-case. See Jon Chesto, Conservation Law Foundation Sues Exxon Mobil, BOSTON GLOBE (Sept. 29, 2016), https://www.bostonglobe.com/ business/2016/09/29/conservation-lawfoundation-follows-through-its-threat-sueexxon-mobil/x6VW5yPu0Sbdi89TVaSrmJ/ story.html. See Gary McWilliams, California Cities Sue Big Oil Firms Over Climate Change, REUTERS (Sept. 20, 2017, 9:34 PM), https://www. reuters.com/article/us-climatechange-accordtemperature/this-year-to-be-among-threehottest-on-record-extraordinary-weather-u-nidUSKBN1D619E. Note that Carroll Muffett, President of CIEL and a co-author of this paper, is also a member of the Board of Trustees of CAI. Richard Heede, Tracing Anthropogenic Carbon Dioxide and Methane Emissions to Fossil Fuel and Cement Producers, 1854 – 2010, 122(1-2) CLIMATIC CHANGE 229 (2014), available at https://link.springer.com/article/10.1007/ s10584-013-0986-y. Note that Heede deducts for net non-energy use of petroleum, gas, and coal for lubricants, petrochemicals, road oil, fertilizer, carbon fibers, pigments, etc. See id. See id. See id. See Carbon Majors Update, CLIMATE ACCOUNTABILITY INSTITUTE, http://www. climateaccountability.org/carbon_majors_ update.html (last visited Nov. 6, 2017). See CDP, THE CARBON MAJORS DATABASE (2017), available at https:// b8f65cb373b1b7b15febc70d8ead6ced550b4d987d7c03fcdd1d.ssl.cf3. rackcdn.com/cms/reports/ documents/000/002/327/original/CarbonMajors-Report-2017.pdf?1501833772. See B. Ekwurzel et al., The Rise in Global Atmospheric CO2, Surface Temperature, and Sea Level From Emissions Traced to Major Carbon Producers, 144(4) CLIMATIC CHANGE 579 (2017), available at https://link.springer.com/ article/10.1007/s10584-017-1978-0. See id. 14 Henry Shue, Responsible for What? Carbon Producer CO2 Contributions and the Energy Transition, 144(4) CLIMATIC CHANGE 591, 594 (2017), available at https://link.springer.com/ content/pdf/10.1007%2Fs10584-017-2042-9. pdf. 15 See OLIVER WENDELL HOLMES, JR., THE COMMON LAW (1963). 16 Stephen R. Perry, Responsibility for outcomes, Risk, and the Law of Torts, in PHILOSOPHY AND tHE LAW OF TORTS 72, 83 (Gerald J. Postema, ed., 2001). 17 See id. at 91. 18 John C.P. Goldberg & Benjamin C. Zipursky, Tort Law and Responsibility, in PHILOSOPHICAL FOUNDATIONS OF THE LAW OF TORTS (John Oberdiek, ed., 2014). 19 Perry, supra note 16, at 105. 20 Goldberg & Zipursky, supra note 18, at 22. 21 INTERNATIONAL COMMISSION OF JURISTS, CORPORATE COMPLICITY & LEGAL ACCOUNTABILITY, VOLUME 3: CIVIL REMEDIES (2008), available at http://www.icj.org/wpcontent/uploads/2009/07/Corporatecomplicity-legal-accountability-vol3publication-2009-eng.pdf. 22 Id. 23 See id. at 7. 24 See U.N. Special Rep. on Business & Human Rights, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, U.N. Doc. A/HRC/17/31 (Mar. 21, 2011), available at https://business-humanrights.org/sites/ default/files/media/documents/ruggie/ruggieguiding-principles-21-mar-2011.pdf [hereinafter Ruggie Principles]. 25 Human Rights Council Res. 17/4, Human Rights and Transnational Corporations and Other Business Enterprises, 17th Sess., May 30-June 17, 2011, A/HRC/RES/17/4 (July 6, 2011), available at https://businesshumanrights.org/sites/default/files/media/ documents/un-human-rights-councilresolution-re-human-rights-transnationalcorps-eng-6-jul-2011.pdf. 26 See Ruggie Principles, supra note 24. 27 See id. at 14-17. 28 See id. at 16-17. 29 See id. at 17. 30 See Peter C. Frumhoff, Richard Heede, Naomi Oreskes, The Climate Responsibilities of Industrial Carbon Producers, 132(2) CLIMATIC CHANGE 157 (July 23, 2015), available at https://link.springer.com/article/10.1007/ s10584-015-1472-5. 31 See id. 32 Shue, supra note 14, at 594. 33 SPENCER WEART, THE DISCOVERY OF GLOBAL WARMING 3 (2008). 34 See, e.g., THOMAS C. CHAMBERLIN & ROLLIN S. SALISBURY, GEOLOGY, vol 3. 444-45 (1907) (discussing the work of Arrhenius, Angstrom and others); JW Gregory, Climatic Variations: Their Extent and Causes, International Geological Congress 1906, reprinted in Annual Report of the Smithsonian Institution 33944, at 347-48 (1908) (discussing with approval the work of Arrhenius and Chamberlin on the role of atmospheric CO2 in climate change); FRANK WIGGLESWORTH CLARK, THE DATA OF GEOCHEMISTRY (4th ed.) 48-49. (1920) (“At 3 parts in 10,000 the carbon dioxide in the atmosphere amounts to about 2,200,000,000,000 tons, equivalent to 600,000,000,000 tons of carbon. …The annual consumption of coal, estimated by A. Krogh at 700,000,000 tons in 1902, adds yearly to the atmosphere about one-thousandth of its present content in carbon dioxide. In a thousand years, then, if the rate were constant and no disturbing factors interfered, the amount of CO2, in the atmosphere would be doubled. If we take into account the combustion of fuels other than coal and the large additions to the atmosphere from the sources previously mentioned, the result becomes still more startling. Were there no counterbalancing of this increase in atmospheric carbon, animal life would soon become impossible upon our planet.”); Robert E. Swain, Atmospheric Pollution by Industrial Wastes, 15(3) IND. ENG. CHEM. 296, 296 (1923), available at http://pubs.acs.org/doi/ abs/10.1021/ie50159a035?journalCode=iechad (“The greatest single waste product in industry is a gas, carbon dioxide, which is usually discharged as it is produced directly into the air….If all the coal consumed annually in this country were completely burned, there would be produced approximately nine hundred thousand billion cubic meters, or one billion eight hundred million metric tons of this gas. The combustion of petroleum would add two hundred million metric tons, and of natural gas ninety million metric tons, while the burning or decay of wood, and of plant products and tissues, would add an indeterminable but enormous total to these figures. … But it is a remarkable fact that, rapidly disbursed as it is into the great ocean about us, this gas is present in the strikingly small and uniform amount of three parts by volume of carbon dioxide to ten thousand parts of air, or three hundred parts per million parts of air.”) 35 See, e.g., Svante Arrhenius, On the Influence of Carbonic Acid in the Air upon the Temperature of