Anthropogenic Global Warming: What the Oil Companies Think

“Well actually the Genesis 8:22 that I use in there is that ‘as long as the earth remains there will be seed time and harvest, cold and heat, winter and summer, day and night,’ my point is, God’s still up there. The arrogance of people to think that we, human beings, would be able to change what He is doing in the climate is to me outrageous.” Senator (R-OK) Jim Inhofe commenting on anthropogenic climate change

Undark, a self-professed truth and science-oriented site, writes about a lawsuit that Oakland filed against BP, Shell, ExxonMobil, Chevron, and ConocoPhillips. Oakland was suing oil companies to recover the costs of building sea walls and other infrastructure to protect residents from global warming. San Francisco joined the lawsuit in in 2017.

In 2108, federal district judge William Alsup ordered a tutorial on climate change. The cities presented experts who walked the judge through recent data and the historical record: “The cities called on a number of expert witnesses, including Myles Allen, a professor of geosystem science at the University of Oxford. By walking the judge through the century-long history of climate science, punctuated with rapidly ascending line graphs, the witnesses brought global warming to the court’s attention in a way that left no doubt about how credible a threat it was.”

Two things were extremely interesting and telling. The first is the defense the oil companies mounted to protect themselves from liability: “Chevron’s evidence during the tutorial was presented through a lawyer, who acknowledged the role of human activity in climate change but denied the company could have known the future implications of its actions and said a court wasn’t the right place to deal with the issue. Statements submitted by the other defendants were largely in line with Chevron’s presentation.”

In other words, oil companies are no longer denying that anthropogenic (human-caused) global warming is real. Instead, they argue no legal responsibility because no one could have foreseen things like sea level rise. The foreseeability concept in law is often a powerful defense, so the oil company argument has a chance of winning on appeal or at the Supreme Court. This case will probably wind up at the Supreme Court.

The second thing was how the oil companies reacted to briefs filed by the oil industry-funded Heartland Institute. Heartland is a well-known climate science denier think tank. Undark writes:

Filed alongside the case were two amicus briefs — documents produced by someone who is not a direct party in a case, but has an interest in the subject at hand — questioning aspects of climate science. They were written by well-known climate skeptics and promoted by the Heartland Institute, a libertarian organization with links to the fossil fuel industry. Alsup challenged the briefs’ validity and asked who had funded the research behind them, which turned out to include fossil fuel firms such as Peabody and ExxonMobil.

In the end, [defense expert] Allen said, the defense chose not to call on those climate skeptics when presenting its formal evidence in court, a sign of how much progress has been made in climate science and public understanding over the past decade. “Maybe 10 years ago they would have been called, but I think it’s recognized now that it’s become so discredited that it’s not worth putting them up,” said Allen.

“I think the real reason you don’t see the basic science challenged much in these cases is that courts are places of inquiry where the standards of reliability are reason and evidence rather than tweets, falsehoods, and the kind of manipulative discourse that you hear in the political sphere,” said Douglas Kysar, the deputy dean of Yale Law School.

Apparently the oil companies do not believe their own propaganda sources enough to present their own climate science denials in court to defend themselves.

The cities lose despite winning: Despite the credibility of the evidence, the judge dismissed the case. He ruled “that while the evidence of climate change is real and persuasive, the courts are not the proper place to decide issues of such global magnitude, deferring the matter to the legislative and executive branches.”

This appears to indicate that federal courts see anthropogenic global warming as something too big for them to deal with. At present, the legislative and executive branches are in no mood to deal with climate change. This is so at least because (1) republicans do not believe climate change is real or something humans can do anything about, and /or (2) they are corrupted by (a) corporate campaign contributions that oppose taking any action, and/or (b) blinding anti-government, anti-climate science ideology that prevents them from seeing the massive reality in front of their climate science-blind eyes.

Once again and for whatever reasons, the ravages of unregulated capitalism are left to run free and wild, damage to society and the environment be damned.

B&B orig: 6/23/19