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transition to low-carbon energy and continue to do so today, including through the influential
industry trade associations on whose boards of directors many of the largest companies sit
(Wieners 2014).
Finally, we focus on producers because there has been strikingly little attention paid in
academic and policy spheres to their climate responsibilities. Society at large has been unaware
of, or perhaps unwilling to confront, this issue. This paper seeks to open up the question of
their responsibilities to academic and policy analysis.
2 What is responsibility?
The concept of responsibility is central to the question of obligation to act. One familiar notion
of responsibility involves damages: individuals and groups can sue for damages if they believe
another party has injured them. But there are many other ways in which society holds both
individuals and institutions accountable for the consequences of their actions. In the private
sector, shareholders may divest from a corporation that has engaged in inappropriate business
practices or behavior; consumers may decline to buy products. When parties are found
responsible for engaging in illegal activities, they may be subject to governmental sanction,
through restrictions on the sale or marketing of harmful products, civil fines, or criminal
penalties. Ultimately, if consumers, regulators, legislatures, shareholders, or the public at large
disapprove sufficiently of an activity, it may become impossible for a firm to remain in
business, or at least to continue business as usual.
Changing notions of corporate responsibility have played an important role in social change
(Gunningham et al. 2004). The most well-documented example involves tobacco. For decades,
the tobacco industry argued—with considerable success—that responsibility for the ills of
smoking rested with the smoker: individuals made a choice to smoke, and any resulting illness
was their responsibility. However, as the evidence of the harms of tobacco became known, this
argument was increasingly rejected by a society that concluded that manufacturing a product
that killed people, even if legal, was morally problematic. In 1995 the U.S. Department of
Justice concluded that the industry was legally culpable for knowingly spreading disinformation, bringing charges against the industry under the Racketeer Influenced and Corrupt
Organizations (RICO) act (Eubanks and Glantz 2012).
The story of tobacco is not unique: history is replete with examples of products and
activities that were once accepted but later rejected. Often this shift has hinged on scientific
knowledge. Asbestos for example, was a legal product, viewed by many as a miracle material
that saved lives. But when the scientific evidence became clear that asbestos caused asbestosis
and mesothelioma, both its primary producers and the manufacturers of products containing it
found themselves facing tens of thousands of lawsuits (Bowker 2003; Michaels 2008).
Plaintiffs won many suits, particularly if their exposure occurred after the scientific evidence
of the risks was established (Castleman 2005). The fact that asbestos was a legal product did
not absolve corporations of their responsibility to protect workers and consumers from its
adverse effects. A parallel story has been told about lead. While lead in paint was a legal
product, companies have nevertheless been held liable for the damage it has caused (Markowitz and Rosner 2013).
Changing notions of corporate responsibility within civil society gain traction through
shareholder resolutions, consumer boycotts, protests, lawsuits, and media (including social
media) and divestment campaigns; these, in turn, can drive changes in regulation