Essay by Eric Worrall
Strangely the lawsuit does not include a demand oil giants immediately cease supplying their “catastrophic” product to the State of California.
California sues oil giants, saying they downplayed climate change. Here’s what to know
September 16, 20233:08 PM ET
By Juliana Kim, Michael CopleyThe state of California has filed a sweeping climate lawsuit against Exxon Mobil, Shell, BP, ConocoPhillips, and Chevron, as well as the domestic oil industry’s biggest lobby, the American Petroleum Institute.
The suit, filed on Friday in San Francisco Superior Court, claims that the companies misled the public for decades about climate change and the dangers of fossil fuels. It demands the companies help fund recovery efforts related to California’s extreme weather events, from rising sea levels to drought and wildfires, that have been supercharged by human-caused climate change.
“Oil and gas companies have privately known the truth for decades — that the burning of fossil fuels leads to climate change — but have fed us lies and mistruths to further their record-breaking profits at the expense of our environment. Enough is enough,” said Rob Bonta, California’s attorney general.
…
California filed its lawsuit against Exxon and other oil and gas companies just a day after The Wall Street Journal reported that executives at Exxon continued in recent years to raise doubts internally about the dangers of climate change and the need to cut back on oil and gas use, even as the company publicly conceded that burning fossil fuels contributes to global warming.
Read more: https://www.npr.org/2023/09/16/1199974919/california-oil-lawsuit-climate-change
The referenced Wall Street Journal article is paywalled, but there are no amazing new revelations in there. Exxon admitted CO2 contributes to global warming – but no stunning confession of guilt.
The Californian lawsuit contains this gem;
…
3. Defendants are large companies in the fossil fuel industry who have misled consumers and the public about climate change for decades. Defendants have known since at least the 1960s that fossil fuels produce carbon dioxide and other greenhouse gas (GHG) pollution that would warm the planet and change our climate. Defendants’ own scientists knew as early as the 1950s that these climate impacts would be catastrophic, and that there was only a narrow window of time in which communities and governments could take action before the consequences became catastrophic.
4. Rather than warn consumers, the public, and governments, however, Defendants mounted a disinformation campaign beginning at least as early as the 1970s to discredit the burgeoning scientific consensus on climate change; deny their own knowledge of climate change- related threats; create doubt in the minds of consumers, the media, teachers, policymakers, and the public about the reality and consequences of the impacts of burning fossil fuels; and delay the necessary transition to a lower-carbon future.
…
Read more: https://www.gov.ca.gov/wp-content/uploads/2023/09/FINAL-9-15-COMPLAINT.pdf
Just one problem with this claim – there is plenty of evidence none of this is true.
For example, the following is a copy of the Glaser 1982 memo, which was circulated to Exxon management.
The memo, and bear in mind this was a private internal memo, is anything but certain that climate change will have catastrophic impact. For example, at the bottom of Page 4, continuing to the top of Page 5.
“There is currently no unambiguous evidence that the earth is warming. If the earth is on a warming trend, we’re not likely to detect it before 1995. This is about the earliest projection of when the temperature might rise the 0.5° needed to get beyond the range of normal temperature fluctuations. On the other hand, if climate modelling uncertainties have exaggerated the temperature rise, it is possible that a carbon dioxide induced “greenhouse effect” may not be detected until 2020 at the earliest”.
Remember, this memo was written in 1982, 30 years after the lawsuit claims “Defendant’s own scientists knew as early as the 1950s that these climate impacts would be catastrophic”.
Worse, there were plenty of scientists at late as 1980 who published papers suggesting the world was cooling. There was a good reason for this – between 1940 to 1980, global warming stalled. For much of that period, the world cooled.
Climate alarmists try to pretend there was never a global cooling consensus, but there is plenty of evidence reputable climate scientists were comfortable promoting global cooling theories. For example, the wildly popular 1978 documentary “In Search of The Coming Ice Age” featured an impressive lineup of climate scientists, including Chester Langway, James Hayes, Gifford Miller (who described how the descent into the next ice age started 3000 years ago), and Stephen Schneider, who speculated about using nuclear energy to melt the ice caps, to halt the big freeze.
I remember watching the coming ice age documentary as a kid, and being impressed by the climate scientists who starred in the documentary. The entire “In search of” series was prime time viewing in Australia, because the presenter was actor Leonard Nimoy, who played Dr. Spock in the original Star Trek series. All the grownups were worried and talking about the imminent ice age the next day, after the documentary aired on TV.
Climate scientist Stephen Schneider, who appeared in the global cooling documentary, and speculated about using nuclear reactors to melt the icecaps, later backflipped and became a significant figure in the global warming movement.
My point is given the eagerness of high profile climate scientists to appear in a documentary which promoted the global cooling scare, which was made in 1978, the lawsuit’s accusation that scientists knew as early as the 1950s that global warming would have “catastrophic” impacts is total nonsense. There were clearly mixed opinions on whether global warming or global cooling was a threat, well into the late 1970s.
What about the present day? Anyone who reads this website will know there are a significant number of well credentialed scientists who dispute the alleged consensus that global warming will have imminent and catastrophic impacts.
The most glaring defect is the failure to demand the defendants immediately cease supplying their “catastrophic” product. Fossil fuel producers aren’t forcing people to accept fossil fuel. Given recent price rises, the market view could reasonably be interpreted as being that fossil fuel producers aren’t providing enough fossil fuel, especially in California, where the prices people pay for fossil fuel are amongst the highest in the USA.
The lawsuit demands “permanent equitable relief” – perhaps a lawyer can answer whether this implies California intends for oil companies to continue operating so they can pay regular large sums to the State of California, instead of forcing the oil companies to cease trading.
In my opinion, to demand a remedy for a “catastrophic” product, while at the same time not demanding that remedy include a cessation of supply, is an utter absurdity which should be treated with the contempt it deserves.
Update (EW): fixed a small issue with paragraph ordering.
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As I posted in the Indianapolis Star thread:
“””
>> Climate change is a fact
Well.. I see another skeptic falling for word games!
This not the question, but how much of the global warming is caused by humans.
Googling for an image with “Scafetta, climate sensitivity” tells you all you need to know about “facts”! If the global warming contribution was known, this would show two flat lines!
Oh, and the biggest change from CMIP5 to CMIP6 is not even on that graph! Since then we know as a fact (!!) That CMIP5 and older did not get the clouds right!
“””
Oil companies do not sell CO2, they sell hydrocarbons. The residents of California are the ones who produce CO2 and they clearly love doing so judging by the 4 lane parking lots that fill up every day. The sanctimonious govt of California should sue the residents of California because everyone has known about CAGW all these years. Er…sue themselves? Yes, why not?
Can someone compose an intelligent rebuttal to this?
The first experiment has nothing to do with the agw theory. If CO2 is contained and heat is applied to the confined gas, it will warm. Gasses tend to do that.
Just from looking, neither of the experiments even remotely resembles the atmosphere.
Also, when an expanding gas is released from a tank, it can absorb energy from its surroundings.
Neither experiment proves anything about the actions of trace amounts of CO2 in the atmosphere.
Notice the massive leap of faith and don’t whatever you do mention clouds of water vapour-
How can CO2 trap so much heat if it only makes up 0.04% of the atmosphere? Aren’t the molecules spaced too far apart?Before humans began burning fossil fuels, naturally occurring greenhouse gases helped to make Earth’s climate habitable. Without them, the planet’s average temperature would be below freezing. So we know that even very low, natural levels of carbon dioxide and other greenhouse gases can make a huge difference in Earth’s climate.
When a CO2 molecule of CO2 traps a photon, it transfers that energy to other molecules in the environment and it is then ready to trap another photon.
As to there not being a lot in a single cubic meter, there are a lot of cubic meters in the atmosphere.
And the old Avogadro’s number, 6.02 x 10^23 molecules in 22.4 liters (a jerry can in size) multiplied by 400 parts/ million is still 2.4 x 10^20…which is still a lot of CO2 molecules in that jerry can. Figure out how far apart those molecules are on average. What distance a photon of the right frequency has to travel before hitting one is the key…
It’s a long article full of 3/4 to 7/8 truths and even some complete truths. An intelligent rebuttal takes a few courses or long self study in atmospheric radiative heat transfer, thermodynamics, meteorology, and so on.
The heated bottles with CO2 inside one of them will likely result in one of the bottles being warmer…but it won’t be due to CO2…much more likely to do with one of the heat lamps being closer to the glass…or a draft in the room affecting one jar more than the other. There just isn’t a long enough beam length in a bottle full of CO2 compared to air with 400 ppm CO2 to make any more than a couple of hundredths of a degree temperature difference with the very very heat leaky apparatus that such experiments usually try to impress the gullible with.
I kind of like the thermal image and candle experiment….but a meter long tube of CO2 is about the same as the total molecular cross section of CO2 in the entire atmosphere from surface to outer space….so if anything, the experiment shows how much heat escapes to outer space rather than absorbed by CO2….
I love how they constantly attempt to rewrite history.
Scientific American audaciously tried to dismiss the great cooling scare as merely nine paragraphs in a single 1975 Time article. Meanwhile, some internet rando (me) managed to destroy that claim in a single tweet.
https://twitter.com/BrianBellia/status/1584851168068763653
Overall, I generally find the case for cooling made in that In Search Of episode more compelling than any theory involving catastrophic anthropogenic global warming. In my opinion, a worldwide cooling phase is much more likely and should be a much greater cause for concern going forward.
In the 5th paragraph of my 2011 guest post to CEI’s “Cooler Heads Digest,” I essentially noted how I was a skeptic of CAGW in 1988 since the first question I had about CAGW back when Gore / Wirth / Hansen exploded on the scene was “What happened to global cooling?!” The thing that solidifies my skepticism even more comes from how hard the eco-zealots try to bury a news reporting situation that I saw firsthand.
The censor-istas will have to work hard to thwart searches into ancestry.com/newspapers.com where folks can currently skip searching for ancestors’ newspaper obituaries and instead look for articles on the looming dim prospects of a cooling planet.
I was a subscriber to Scientific American during the 1970’s and they published numerous articles about human-caused global cooling.
I was not skeptical of human-caused global cooling at first. I thought maybe these guys were on to something. But as time went along I noticed that they never provided definitive evidence of anything they were claiming.
And then the 1980’s came along and the temperatures started warming to the point where global cooling was looking very unlikely. So the climate alarmists did a 180 degree turn and started promoting human-caused global warming.
But I had been down this road before with human-caused global cooling, so was doubly skeptical of these new claims, and sure enough, the climate alarmists started presenting speculation and assumptions about human-caused global warming as being established facts.
So I got fed up with them presenting speculation and assumptions as facts, and I tossed their publication. Along with National Geographic and Science News and a few others, and for the very same reason: they were presenting speculation and assumptions as facts. They are still doing it to this day.
The scientific method has been thrown in the toilet when it comes to humans and the Earth’s climate.
“And then the 1980’s came along and the temperatures started warming “
And yet, UAH shows basically no warming from 1980-1997
What a nonsensical bunch of corrupt parasites all these woke fools are. Same old game , sue this one sue that one sue our selves, charge Trump here Charge Trump there, investigate him here their everywhere. Oh now they want to see if they can get away with repeating the Covid debacle , and while their at it let’s keep a 1 or 2 proxy wars going and a Cold War too. I grow tired …. Make ‘em stop.
It’s amazing how this stupidity never goes away.
It’s like bad climate predictions
The really interesting thing is what will happen if they win. Because it will set a precedent on which others can act.
Firstly, it will set a precedent for every other state in the US to sue Exxon. They would seem to have excellent chances of success. If the main thing ruled is that Exxon knew of the danger and deliberately misled while creating it, then all the other states are in the same position as California, this conduct was just as damaging to them as to California.
Indeed, since global warming is, well, global, there must be a case for people in other countries to sue.
But, second, it will create a precedent which may apply to other oil companies. The next step would be to claim that another of the majors knew or should have known. The argument from actual knowledge and deception would have to be made for each one separately, but the argument from damage would already have been ruled on. That might be enough. Actually, while you may not in all cases have the argument from deception, that from knowledge must be getting stronger as time passes. At least, that is what you would argue.
Then, consider the case of the coal companies. Did they do it? Did they know? They may not have deceived, but is deception essential to the case? Maybe not.
Consider for that matter Australia, which continues to license and permit the mining and export of coal long after it has arguably basically accepted the CAGW argument. Long after the IPCC has published. Long after the science is settled. The argument from knowledge in the case of Australia the state has to be much stronger than that in the case of Exxon.
Its going to be very interesting indeed if Exxon loses. And yes, injunctions do start to become an interesting possibility. If its ruled Exxon is destroying the planet, the next logical thing to do is compel them to stop doing it…. And all the others, too.
By the way, a very interesting point about the social phenomenon of climatism, look at who is NOT being sued. Why is Peabody not being sued? Why is it only Exxon in the oil majors who seems to attract suits?
I got plenty of insight into the “Exxon Knew” argument, while investigating the provenance of Figure 1 in an accusatory 2023 Oreskes-Rahmstorf Science paper.
After reading much of their Exxon documentation, the long story short diagnosis is that Exxon didn’t know and could not have known.
A WUWT post told the story. What I learned about what Exxon Knew. Now also available as an updated pdf on ResearchGate.
Exxon’s internal documentation is very clear. Not only did they not know, but they made an ethically admirable attempt to find out.
Exxon Knew is a pure hatchet job, carried out by mean-minded hardhearted character assassins.
Any good lawyer should have a field day exposing their possibly criminal defamation. One can only hope that Gavin Newsom ends up looking the fool.
And Figure 1 in Oreskes-Rahmstorf 2023 is almost certainly manufactured.
Excellent piece of research into the origins of Fig 1. The whole argument of the paper is also very good, obviously correct.
They need to start fighting this bullshit at every level.
Demand PROOF that “greenhouse gases” drive the Earth’s temperature.
Demand PROOF that the “weather” is getting worse.
Demand PROOF that a warming climate has been the cause of any supposed change in the weather.
There IS NO EMPIRICAL EVIDENCE to support any of this.
They need to STOP allowing the “climate change(TM)” crap from being accepted as if it were factual, it is not. And should never be a stipulation in a court case, especially this kind of lawfare/malicious prosecution based on hypothetical bullshit.
“Demand PROOF that “greenhouse gases” drive the Earth’s temperature.”
That’s the first thing I would do, if I were their lawyer.
I would be happy to stand there and say: No, judge, that’s not proof, that is speculation. And would do that for every point the prosecutors would use as proof CO2 warming is real and harmful. I could do that because nothing they can present is evidence of anything. I would point that out to the judge.
A sensible judge would have to agree that all the evidence presented for CO2 warming is speculation and assumptions. Not one definitive proof, judge. Not one. It’s all conjecture.
If they can’t prove CO2 is doing what they claim it is doing in the atmoshere, and they can’t, then they also cannot claim that CO2 is causing any damage to anything.
A little logic would go a long way here.
The prosecutors have no evidence.
A non-political judge would see it right from the start of the case.
immediately cease supplying their “catastrophic” product – that is exactly what the oil & gas companies should do – reminds me of all the virtue signaling sanctuary cities that started screaming no mas once the illegals started showing up –
This was featured in my “news” feed on LinkedIn today. A couple people talking sense but a tremendous amount of ignorance on display.
https://www.linkedin.com/news/story/california-sues-major-oil-companies-6435706/
Sue and Settle. We’ve seen this before, corrupt criminal activity by the as always same political party.
Another lawfare doomed to fail. How many of these must courts go through before they realize there’s no evidence to support a case?
This lawsuit is basically a copy of the tobacco lawsuits: file suit claiming massive public damages, but don’t put them out of business, instead force huge monetary settlements to raise even more revenue for the states. Squeeze the golden goose as hard as possible, but don’t kill it. This is all about the $$$.
So, they knew that life on our massively greening planet would be experiencing the current climate optimum from the increase in CO2? (which is still just half the optimal level for most life)
Farmers should be outraged because they weren’t prepared with enough storage for the record breaking crops (-:
The increase in CO2 has been humanities biggest gift to our planet by a wide margin.
In an honest, just world the major sources of beneficial CO2 would be getting a Nobel Prize for greening up the planet and massively increasing food production!
Based on AUTHENTIC science, as beneficial CO2 continues to increase, the planet will get greener and greener as most life loves it!
https://www.marketforum.com/forum/topic/69258/#69259
Indeed, and when was the last time to do anything about it?
Now it’s too late, boo boo