Memorandum for the Petitioners |141
3.
Whether the harm was caused by their actions.%°!
8.208.The above was extensively discussed in this memorandum,
pointedly under Part V (D) dealing with Material Facts as Established by
Evidence.
8.209.To
summarize,
the Honorable
respondent Carbon Majors have “long
their products contribute substantially
have significant impacts and adverse
vulnerable populations.” Fossil fuel
in all aspects
of the products
Commission
should
note
that
known that the production and use of
to climate change, which continues to
consequences for people, especially
companies are presumed to be experts
they produced, manufactured,
otherwise put into the stream of commerce.
marketed,
or
8.210.Respondent Carbon Majors did not provide adequate warnings
regarding the inherent risks related to the use of their fossil fuel products; thus,
failing to enable users to make an informed choice about the use of their
products and to understand the potential hazards to which that choice may
expose them and others. Additionally, warnings can enable individuals,
through their consumption decisions, to push companies to adapt their
business model based on consumer demand.
8.211. Based on the evidence presented to the Honorable Commission,
fossil fuel industry experts had knowledge of the risks associated with the use
of their products and the fact that, collectively, the respondent Carbon Majors
were aware that climate change -- primarily caused by the burning of fossil
fuels -- posed significant and severe risks to basic human rights, including the
right to life, access to food, access to water, and the general right to livelihood,
and that respondents have been aware of the risks of climate change and their
product’s role in exacerbating those risks since the 1950s or the 1960s, at the
latest.
8.212. Instead of enabling consumers to make informed choices on the
intrinsic risks with the use of their fossil fuel products, the respondent Carbon
Majors did not warn investors, consumers, communities, and the public that
there were climate risks associated with the use of fossil fuels and, instead,
promoted
disinformation and climate denial and sought to delay climate
action and solutions.
8.213. Most, if not all, respondents failed to deploy the technologies that
may have prevented climate crisis and support action to address climate
change in the Philippines or at the global level.
$61 Joint Summary of the Amicus Curiae, supra note 50, p. 59.
682 Ibid.
663 Muffett, C., supra note 141.
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