the public of those risks, global greenhouse emissions only accelerated. In fact, more than 50% of all historic emissions have occurred since 1988. It is against this decades long history of evolving scientific understanding, increasing warnings and growing public urgency on climate change that the Carbon Majors awareness of and action on climate change is best evaluated. As Leading Producers and Marketers of Fossil Fuels, the Carbon Majors Had the Early Opportunity and Capacity to Identify and Act on the Risks of Climate Change In evaluating the salience of industry knowledge and actions on climate change for the Carbon Majors’ responsibility for the ensuing violations of human rights, it is equally important to note the Carbon Majors’ unique role with respect to climate. As Petitioners note, the 48 Respondents to the Petition comprise the largest historic producers of crude oil, natural gas, coal, and cement among all investor-owned and state owned corporations. Collectively, their production and its embedded greenhouse emissions account for one third of all industrial CO2 and methane emitted globally since the dawn of the industrial revolution.13 As upstream producers and marketers of fossil fuels and cement, the Respondents sat—and continue to sit—in a uniquely privileged position with respect to global greenhouse gas emissions: but for the sale of their products and services, and but for activities substantially within the control of the Respondents and their corporate predecessors in interest, a significant portion of global greenhouse gases as measured over historic time might never have been emitted. As the synthesis report documents, a growing body of evidence demonstrates that many corporations responsible for producing and marketing fossil fuels were aware of climate risks decades earlier than previously recognized. More specifically, CIEL’s assessment of the evidence currently available to the public suggests the following conclusions:    Theories regarding the potential link between fossil fuel combustion at atmospheric temperature increase were widely reported in scientific literature and academic texts relevant to the oil and gas industry from the early decades of the 20th Century.14 The Oil and Gas Industry had incentives, opportunity and relevant expertise to investigate and understand climate science.15 Documentary Evidence demonstrates that at least one of the Identified Carbon Majors was aware of and actively investigating climate change by no later 1957.16 13 See Richard Heede, Carbon Major Entities Cumulative Emission to 2013 Ranked (Climate Accountability Institute Feb. 2015). Heede’s landmark research in tracing producer’s embedded emissions throughout the industrial era was originally published in the peer-reviewed journal Climatic Change in 2014. Richard Heede, Tracing anthropogenic carbon dioxide and methane emissions to fossil fuel and cement producers 1854-2010, Climatic Change 122- 229 (2014). A complete description of the methodology used is available at http://climateaccountability.org/pdf/MRR%209.1%20Apr14R.pdf. (Note that CIEL President Carroll Muffett, who contributed to the present Opinion, serves as a volunteer member of the Board of Directors of the Climate Accountability Institute.) 14 Synthesis Report, supra note 4, at 3. 15 Id. 16 See id. at 6. 5

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