Memorandum for the Petitioners | 41
would not have happened without global warming, because otherwise the
event would have been well within previous experience,”'*? and so the cost
might be wholly or partially assigned.!*°
5.35. A more detailed discussion on the extreme event attribution
studies and the source attribution studies are contained in sections (Sections
C and D of Part VIH on Arguments and Discussion).
D.
Respondent
Carbon
Majors’
knowledge of climate risks and
actions and/or inactions in light of
foreseeable climate harms
5.36. As shown above, respondent Carbon Majors contributed a
substantial amount to atmospheric GHGs causing anthropogenic climate
change. Critically, the contributions by fossil fuel companies, many of
which are respondents herein, were consciously made. There is evidence
that many of the respondent Carbon Majors, and the fossil fuel industry as a
whole, knew that: (1) fossil fuels produced CO2 when burned; (2) fossil fuels
products would be burned when used as intended; and (3) if fossil fuel
consumption continued, there would be potentially catastrophic changes to the
climate and harms to people and ecosystems.
5.37. While the National Inquiry was not able to obtain evidence for
each individual respondent’s prior knowledge and action, this section
summarizes the documentary evidence now on record of leading companies’
(oil companies in particular) and industry associations’ early knowledge of
climate risks and involvement in efforts to undermine climate science and
solutions. All of the respondent fossil fuel companies “can be presumed to be
aware of climate relevant information being discussed, investigated and
communicated on by relevant industry associations and professional
associations.”
!4!
5.38. At any rate, petitioners have shown by conclusive evidence that
the fossil fuel industry had early awareness, notice, and knowledge of
potential and real harms posed by climate change. A number of experts
provided documentary and testimonial pieces of evidence on this matter
during the course of the National Inquiry.'
89 Trenberth, K., Amicus Curiae Declaration, supra note 44.
140 Ibid.
‘41 Exhibit “GGGGG” to “GGGGG-35,” Profile and Statement of Carroll Muffet, dated 20 August 2018,
p. 13.
'42 Some of these experts are: Andrew Grant (Carbon Tracker Initiative), Brenda Ekwurzel (Union of
Concemed Scientists), Carroll Muffett (Center for International Environmental Law), Dylan Tanner
(InfluenceMap), Geoffrey Supran (joint postdoctoral researcher at MIT and Harvard), Henry Shue (Oxford
University and Centre for International Studies), Kert Davies (Climate Investigations Center), Lisa Anne
Hamilton (Center for International Environmental Law), Mark Campanale (Carbon Tracker Initiative), Paul
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