The Petroleum Industry Was Researching Technologies That Could Have Been Used to Mitigate or Avoid Climate Change Petroleum industry members knew about climate change decades ago and chose not to inform the public, and in fact misled the public. This raises a corollary question, namely, what could they, or we, have done differently? Patent filings and related documents demonstrate that, from as early as the 1950s, the petroleum industry was researching and patenting technology for carbon capture and fuel cells – all technologies which might have been deployed to reduce emissions and mitigate the impacts of climate change. In 1954, the Standard Oil Development Company patented a process for the “Production of Pure Carbon Dioxide” from the combustion of fossil fuels.98 A patent for removing carbon dioxide, among other gases, was assigned to Phillips Petroleum Company in 1966.99 Another patent for the removal of acidic gases – including carbon dioxide – from gaseous streams, from 1973, is assigned to Shell Oil Company.100 Carbon dioxide has important commercial uses, and it is not “There is no doubt that increases in clear that these companies were patented processes for fossil fuel usage and decreases in removing carbon dioxide and other gases for the purpose of forest cover are aggravating the carbon capture to reduce greenhouse gas emissions. Esso, potential problem of increase CO2 for example, holds patents from 1965101 and 1970102 for in the atmosphere. Technology processes of injecting carbon dioxide into wells to increase exists to remove CO2 from stack the recovery of petroleum. However, it is clear that gases but removal of only 50% of regardless of the purpose of these patents, the industry was the CO2 would double the cost of aware of, and actively researching, techniques to remove power generation.”1 carbon dioxide from gaseous streams. In fact, a 1980 report from Imperial Oil (Exxon’s Canadian subsidiary) indicates that the company was eminently aware of both the ability to capture carbon and the relationship that technology had to climate change. “There is no doubt that increases in fossil fuel usage and decreases in forest cover are aggravating the potential problem of increase CO2 in the atmosphere. Technology exists to remove CO2 from stack gases but removal of only 50% of the CO2 would double the cost of power generation.”103 In addition to carbon capture technology, we are aware of at least five patents assigned to Esso, between 1963 and 1970, for fuel cell technology.104 Again, regardless of whether the interest in this research was to produce low-emissions vehicles for their emission profile, because they appeared to be a profitable 98 Production of Pure Carbon Dioxide, U.S. Patent No. 2,665,971 (filed May 12, 1949). Method for Recovering a Purified Component from a Gas, U.S. Patent No. 3,228,874 (filed Aug 22, 1961). 100 Process for the Removal of Acidic Gases from a Gas Mixture, U.S. Patent No. 3,760,564 (filed Mar. 20, 1972). 101 Petroleum Recovery with Inert Gases, U.S. Patent No. 3,193,006 (filed Nov. 3, 1961). 102 Recovery of Shale Oil, U.S. Patent No. 3,516,495 (filed Nov. 29, 1967). 103 See DeMelle & Grandia, supra note 64. 104 Direct Production of Electrical Energy from Liquid Fuels, U.S. Patent No. 3,113,049 (filed Jan. 3, 1961); Fuel Cell and Fuel Cell Electrodes, U.S. Patent No. 3,116,169 (filed Mar. 14, 1960); Fuel Cell Catalysts, U.S. Patent No. 3,239,382 (filed Sept. 27, 1960); Fuel Cell With Pr-Au Anode and Molybdate-Containing Electrolyte, U.S. Patent No. 3,443,998 (filed Jul. 5, 1963); Low-Polluting Engine and Drive System, U.S. Patent No. 3,513,929 (filed Aug. 25, 1967). 99 16