City of Chicago v. BP PLC

From GelbspanFiles.com

Russell Cook

Nice of the 2/20/24 Chicago Sun-TimesChicago sues five giant oil companies” article to inadvertently point directly to what the potentially lawsuit-killing combined problem is with this latest “ExxonKnew” lawfare effort: the apparent need to bring in the California law firm Sher Edling for assistance, and the collective idea that fossil fuel companies knew of the harm of “climate change” fifty years ago but hid that from the public. Same story at the Chicago Tribune. The same Tribune which reported fifty years ago (2024-50=1974) that the changes in the climate caused by the burning of fossil fuels was global cooling.

A climate changing to a cooler one in 1974. A climate changing to a hotter one in 2024. You can’t have it both ways. So much for elemental fact-checking / investigative journalism in 2024. And of course, neither newspaper could be bothered to check the veracity of accusations presented in this – yes it is – latest boilerplate copy filing straight out of Sher Edling’s San Francisco offices. How do I know it’s another boilerplate copy where Chicago’s own city lawyers very likely had little or no input to offer? Let’s dive into Chicago v BP PLC et al.: (my own PDF download file here, if that link ceases to function)

First, however, I was thinking Sher Edling would not be able to come up with any new way to hand its head on a silver platter to the defendant companies in any new lawsuit they wished to add to their boilerplate copy pile. I was wrong. They did — hold that thought until my checklist item about their citation source switch for their accusation against astrophysicist Dr Willie Soon.

Chicago v BP claims Exxon et al. “knew” (hence, the “ExxonKnew” lawsuits label) as far back as the 1970s that they were harming the planet. Same basic accusation back in the 2017 start for Sher Edling with their San Mateo County v Chevron filing. In two places, identical words shared between this latest one and their first filing. Want to see an even closer matchup? Try Sher Edling’s Dec 2023 twin Indian Tribes lawsuits. That pair just left out the bit in Chicago about “in the minds of …” and instead had three other extra words. Want to see where all of those words were previously included? Try Sher Edling’s Honolulu v Sunoco. No need for your own municipality’s lawyers to get in the way, just bring in the San Fran law firm.

But just like I pointed out up above using one of the old newspaper clippings from Tony Heller’s RealClimateScience blog, I’ll point out again using one of his most recent finds, one way to stop the climate from changing to a cold one was – no joke – to dam the Bering Strait to keep the cold water way up north. 1974 geo-engineering. These days, the proposal is to pump particles into the air to induce cooling and stop runaway warming. What was the suggestion to stop runaway global cooling fifty years ago, though? Stop pumping particles into the air. Fail to do so – drought / extreme weather results, leading to famine / wars / climate refugees.

Exxon knew use of their products caused climate change as far back as the ’70s? Right. Climate change … to what?? And who is it that’s actually deceiving the public in this situation today?

What also proves Chicago here is just the latest boilerplate copy traveling circus act?

Ye olde reposition global warming memos – shown on multiple occasions here at GelbspanFiles as the the memo set which was sent unsolicited to a public relations campaign that rejected the whole set outright, including its illogical narrow audiences targeting suggestions. The accusation surrounding the phrase has been a Sher Edling trademark from day 1. Similar to when I did my first cursory word searches into Sher Edling’s Indian Tribes lawsuits where the word “reposition” didn’t come up, I didn’t find it right away in this Chicago filing either. They didn’t turn it into a non word-searchable illustration snippet like they did in their prior twin lawsuits – they instead put the “r” between brackets. They did that once before (I noted in my Nov 2020 dissection of Maui v. Sunoco), while adding an “ing” after it (their Honolulu filing did not).

A small minority of text writers use those kinds of brackets who want to reproduce quoted phrases so deadly accurately that they can’t bring themselves to put an uppercase letter in the middle of a sentence. Kert Davies, operator of the Climate Investigations Center / Climate Files sites, doesn’t use brackets for the “reposition global warming” memos (e.g. at this page, showing a deceptively cropped, never-published newspaper advertorial) …. except for the brackets seen in his 2018 page here. Sher Edling, don’t forget, says they source documents, such as the “Chicken Little” advertorial, from ClimateFiles.

✓ ‘Advertorials’ attributed (falsely, in 2 of the 3 on Chicago‘s PDF file page 84) to the Western Fuels Association “ICE”-acronym public relations campaign. The same ads which the head of Sher Edling cannot describe accurately.

Ye oldevictory will be achieved” worthless, never-implemented memo set. Nothing different here from any of Sher Edling’s prior boilerplate copy filings – their citation goes to the same innocuous-looking “Document Cloud” file link they used in all their prior filings, where with just four small changes to that weblink reveals – here’s that name again – Kert Davies uploaded it to Document Cloud when he worked at Greenpeace. This problem keeps looming larger every time Sher Edling repeats it. Davies, for any new readers unaware of it, traces back to the old Ozone Action group where the above-noted “reposition global warming” memos first began getting their major ongoing media traction.

🚫 Missing Richard Lawson memo – I pointed out this omission twist to the standard Sher Edling boilerplate pattern in my combined dissection of their identical twin Dec 2023 Indian Tribes lawsuits. The “ammo handed on a silver platter to the defendantsI spoke of there is the massively problematic Lawson memo citation source being Naomi Oreskes’ obscure book chapter containing it and other fatally flawed accusations.

She is on retainer with Sher Edling, an even bigger problem for them as I detail at length here, and in my dissections of her Friends of the Court filings she filed for the plaintiffs in these “ExxonKnew” lawsuits (her especially inept enslavement in those to the “reposition global warming” memos is an acute embarrassment).

Naomi Oreskes isn’t missing ✓ in this filing, however. Just like in the Indian Tribes lawsuits, Sher Edling features her in Chicago as an extraneous citation source surrounding a controversial IPCC topic. The potentially fatal problem for Sher Edling is Oreskes’ ties to a 1992-era Senate staffer, said to be associated (more than once) with Al Gore, over the “reposition global warming” memos. This could sink the entire accusation around those worthless memos. Investigators might want to explore whether one of the ‘municipality partner government attorneys’ advised Sher Edling that the Richard Lawson memo / Oreskes My Facts book chapter was something they didn’t want to draw attention to.

By this point, just like in the other Sher Edling boilerplate copy lawsuits, readers may see how Sher Edling isn’t merely brought into the local municipalities to offer random advice, they have every appearance of running the show. But let’s now examine what I mentioned up at the top — the firm’s latest ill-advised maneuver:

✓ “Bankroll” / “paid” / “funded scientists” – Sher Edling was very consistent from San Mateo County v Chevron in 2017 to October 2022 in Platkin v Exxon, regarding the use of the word “bankroll” to accuse skeptic climate scientist, Dr Willie Soon, of being industry-corrupted. When it came time for Sher Edling to file their September 2020 Delaware v BP lawsuit, however, they needed to switch their Smithsonian Institution press release citation source for the accusation to an Internet Archive version because the Smithsonian had taken their page about Dr Soon offline – Sher Edling continued using the Archive link through to their Platkin filing, and while their Dec 2023 Indian Tribes twin filings swapped the word “paid” for “bankroll,” the archive Smithsonian press release page citation remained. The Smithsonian Institution never said he was “paid” or “bankrolled” by any fossil fuel company, they simply stated they were beginning to look into whether there was a problem with his funding disclosures.

I thought it was hugely suspicious that the supposedly unrelated law firm of Milberg Coleman seemingly plagiarized Sher Edling’s collection of “bankroll” paragraphs for their Nov 2022 Puerto Rico v Exxon filing — albeit with an alternative weblink to the Smithsonian press release page. I thought it was significantly more suspicious when the also-supposedly unrelated Attorney General of California’s office apparently plagiarized the “bankroll” paragraph out of Platkin nearly word-for word ….. but rather than cite the Smithsonian press release page as all the others do, CA v Exxon cited something different out-of-the-blue: A Smithsonian Magazine article written by William Allman who cited widespread news about Dr Soon’s “corruption” revealed by Greenpeace’s / Climate Investigation Center’s Kert Davies.

Want to see what’s in the – again – supposedly unrelated CA AG’s CA v Exxon repeated word-for-word identically, including the citation switch to the William Allman article source? It’s easier here to just drop in a translucent blue rectangle at the point where the identical wording stops.

Chicago v BP. Sher Edling now has every appearance in the world of plagiarizing from CA AG Rob Bonta’s CA v Exxon …. who had apparently previously plagiarized from Sher Edling’s boilerplate pile.

If this latest wrinkle in the climate issue law fare is not one more huge gift on a silver platter to the defendant companies, piled on top of what I detailed above, I don’t what can be better. Dr Soon pointed out that the Smithsonian Institution didn’t tell anyone how their 5-year investigation concluded that he had not failed to disclose his funding properly. If he had, Kert Davies would have broadcasted the results from the mountaintops – the report would be in all of the Sher Edling lawsuits post-2020.

Enviro-activists are brimming with confidence that this ‘flood’ “ExxonKnew” lawsuits and the handlers pouring them out are all above reproach. What could possibly go wrong? If the case can be made that each – in domino fashion – should be dismissed due to a total lack of evidence for the claims about ‘industry-paid shill climate scientists,’ and that the core people behind these lawsuits should be investigated and prosecuted, those enviros will never see this coming.

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Tom Halla
March 13, 2024 2:11 pm

Perhaps a civil RICO suit against Sher Edling and the rest of the La Jolla group? Or at least get them declared vexatious litigants, and ban further filings of the same losing suits?

Rud Istvan
Reply to  Tom Halla
March 13, 2024 3:14 pm

You can get vexatious litigant declarations in a jurisdiction, but not across multiple jurisdictions.

March 13, 2024 2:21 pm

A climate changing to a cooler one in 1974. A climate changing to a hotter one in 2024. You can’t have it both ways.

a stock market changing to a bear 1973 . a market changing to a bull in 87 to 2000.
you cant have it both ways?

what you cant have is no citations.

june 3 1975 the Tribune published a SPECULATION that measured cooling was caused by decrease in solar energy reaching the earth, caused by increased reflective dust in the air.

lieid Bryson, director of climate research at the University of Wisconsin, theorizes that pollution could be partly responsible for a global cooling trend in the northern hemisphere, in progress since 1951). The chill is slight by most standards’ a ch op in average temperature of a degree or two in some places, less in others — averaging only 1.8

  1. theorizes
  2. pollution PARTLY responsible
  3. cooling TREND
  4. SLIGHT
  5. not global but nH only.
Reply to  Steven Mosher
March 13, 2024 4:38 pm

Hahaha – that’s a joke, right?
I remember the global cooling scare very well, I remember how many articles in how many well respected magazines and journals were all convinced that human emissions were going to bring the next ice age. That’s just one of the reasons I don’t take your silly thermageddon scare stories seriously.
This, too, shall pass.

michael hart
Reply to  Richard Page
March 14, 2024 12:45 am

I don’t even understand what he is trying to say.
You just can’t get the English graduates anymore.

Reply to  michael hart
March 14, 2024 3:35 am

I think Mosh’s major was in GIBBERISH !!

Seems to be only language he knows.

Reply to  michael hart
March 14, 2024 3:30 pm

In Mosher’s case, you never could!

Reply to  Steven Mosher
March 13, 2024 6:17 pm

5… not global but nH only.

nope..

1940s-South-African-temps
Reply to  bnice2000
March 13, 2024 6:17 pm

and

Cooling-Chile-de-Jong-13
Reply to  bnice2000
March 13, 2024 6:25 pm

and another (karl 1993)

NOAA-Data-Manipulation-South-Africa-Karl-1993
Reply to  bnice2000
March 13, 2024 6:39 pm

Also Australia… using average max daily temps.

Average-Daily-Maximum-Temperature-At-All-Locations-In-Australia-With-Pre-1890-Data
Reply to  bnice2000
March 14, 2024 5:47 am

No Hockey Stick “hotter and hotter and hotter” temperature profile there!

I love that chart! It shows highpoints in the 1880’s and 1930’s and it shows it was just as warm in the recent past as it is today. I might have to borrow that chart. 🙂

CO2 warming is not visible in this chart. In fact, just eyeballing it, it appears that Australia has been in a slight temperature downtrend since the 1880’s.

Russell Cook
Reply to  Steven Mosher
March 13, 2024 7:30 pm

Forgive me for not understanding why you chose to illustrate a ‘you can have it both ways‘ situation with a stock market transition, when myriad other apples ‘n oranges comparisons are available, i.e. having it both ways back in the 1950s with freight trains being moved by steam or diesel locomotives, or rising numbers of audience members for both hard rock concerts and classical music ones.

The irrefutable fact in these climate lawfare efforts is that the enviros pushing them right now today say Exxon et al. knew as far back as the 1970s that the burning of their products caused global warming, exclusively. Period. None of these current mobsters will tell you the climate has any chance whatsoever of changing to a cooler one, Their accusation is flat out not possible, because in the face of so many reports back then of fossil fuels causing runaway cooling, combined with a few uncertain of whether the climate was warming or cooling, Exxon et al. would not have chosen an internal position rejecting the entire side of the discussion about a cooling climate. The news reports were so prevalent back then about the cooling that they were even brought up in a 1977 episode of the “Barney Miller” sitcom. The enviros can’t have it both ways, humans causing runaway global cooling / humans causing global warming. It’s why they bend themselves into pretzel shapes trying to say the global cooling craze never happened. If Exxon et al. did not know only warming was going to happen, they can’t be sued for hiding what they did not know.

Jeff Alberts
Reply to  Russell Cook
March 13, 2024 8:07 pm

The fact is that, even now, no one knows. Anyone who tells you they do is full of… it.

AGW is Not Science
Reply to  Russell Cook
March 14, 2024 4:16 am

I seem to recall that what “ExxonMobil knew” was published, which means they never hid their speculation in the first place.

Reply to  AGW is Not Science
March 14, 2024 6:01 am

Exxon didn’t know anymore than anyone else about CO2 and its interaction with the Earth’s climate, and what they did know was public knowledge.

Claiming Exxon was hiding something from the public is ridiculous.

Reply to  Russell Cook
March 14, 2024 5:56 am

The difference between a stock market trend and a climate alarmist temperature trend is nobody thinks a stock trend will go on forever, yet climate alarmists think a temperature trend *will* go on forever.

In the 1970’s it was cool and the climate alarmists thought the cold trend would continue.

In the present day, it is warm and the climate alarmists think the warm trend will continue.

Sparta Nova 4
Reply to  Russell Cook
March 14, 2024 8:30 am

I read the so-called Exxon knew research paper. The pdf file was yellow highlighted to make sure the reader only read the snippets that supported the false allegation. When ignoring those out of context highlights, it turns out to be balanced and based on the supposition that the models were accurate. If we feed our projections into that specific model this is what we get.

At about the same time other Exxon researchers issued reports that came to the conclusion that the climate changes of its own accord.

About 10 years ago I read of a couple of oil company employed researchers publish a paper concluding that anthropogenic effects were minimal if at all. The response was not to rebut the data, analysis, or any part of the paper but to DEMAND they be fired for publicizing an oil company’s position. That was my epiphany that this whole climate apocalypse is bogus.

mleskovarsocalrrcom
March 13, 2024 2:24 pm

It’s about time lawfare gets turned back on litigious creeps like this. So far with the oil companies they have been putting up with it but that won’t last forever. Unfortunately in today’s environment you need the right court location to make that happen.

David S
March 13, 2024 2:27 pm

The 5 oil companies being sued should simply give them what they want. No not billions of dollars but simply stop selling all fossil fuel products in Chicago. Once the imbeciles behind the suit realize they can’t drive their cars, or heat their homes maybe they’ll wake up (not woke up).

Reply to  David S
March 13, 2024 5:57 pm

Oil companies are pretty big on showing that they just “supply the demand” and don’t want to show that they actively “withhold supply” to control prices, so what you are suggesting isn’t going to happen.

Jeff Alberts
Reply to  DMacKenzie
March 13, 2024 8:09 pm

Yes. They’d be accused of all sorts of other nefarious things if they did withhold. It would probably have to do with killing children.

Laws of Nature
March 13, 2024 2:28 pm

>> Chicago v BP claims Exxon et al. “knew” (hence, the “ExxonKnew” lawsuits label) as far back as the 1970s that they were harming the planet.

Members of various religions *know* various things with absolute certainty and are willing to go on crusades and Jihad over it.
As far as scientifically proven facts go, this law suit should be a non-starter as long as anybody judging them knows how bad the models back then were! Flat earth without global data on clouds or sea water temperature depth profiles.
Even current models, which are significantly improved compared to models 5 years ago or older (it gets much worse over time), seem to miss key features of the real world..

https://bpb-us-w2.wpmucdn.com/sites.coecis.cornell.edu/dist/f/423/files/2023/12/simpson23pnas.pdf
“Arid and semi-arid regions of the world are particularly vulnerable to greenhouse gas–
driven hydroclimate change. Climate models are our primary tool for projecting the
future hydroclimate that society in these regions must adapt to, but here, we present
a concerning discrepancy between observed and model-based historical hydroclimate
trends..”

0perator
March 13, 2024 2:30 pm

Guess who will end up paying for it?

Everyone. Because everyone uses petroleum products.

March 13, 2024 2:31 pm

It isn’t ‘a flood’ of lawsuits, just one copied over and over and over again. This should be prima facie evidence against these vexatious lawsuits and, like in many other countries, those that bring them should be made to pay defendant’s costs – that would cut these lawsuits back to virtually nil.

Reply to  Richard Page
March 14, 2024 6:06 am

Definition: “Racketeering is a type of organized crime in which the persons set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation (a “racket”) to repeatedly or consistently collect a profit.”

This is what is going on. Climate alarmists are conspiring together to advance their human-caused global warming/climate change lies.

They are financed by radical leftwing billionaires.

Reply to  Tom Abbott
March 14, 2024 6:59 am

Yes.

Dave Yaussy
March 13, 2024 2:51 pm

I think Chicago, and all the other jurisdictions bringing these lawsuits, are opening themselves up to an opportunistic plaintiffs’ lawyer who files a lawsuit, maybe a class action, asserting that Chicago continued, and continues, to use fossil fuels in its vehicles and in its buildings long after it became aware that they were contributing to global warming/climate change. By bringing its action Chicago has effectively conceded that there is harm being caused by burning the fuels, and that its own actions have contributed to the harm.

I don’t know how joint tortfeasors are treated in Illinois, but Chicago could end up being hoisted on its own petard.

Beta Blocker
Reply to  Dave Yaussy
March 14, 2024 7:40 am

If that kind of lawsuit against Chicago were to be filed in Cook County, a lawsuit based exclusively on the city government’s prior knowledge of alleged harm from the burning of fossil fuels, it would probably be dismissed by a Chicago-friendly judge in relatively short order.

If you are inclined to use lawfare as one form of punishment for Chicago being Chicago, a better approach might be to add the claim that Chicago’s city government isn’t moving nearly as fast as it could move in quickly eliminating fossil fuels from its own city government operations and in discouraging the continued use of fossil fuels by Chicago’s citizenry, by its local businesses, and by Chicago-based corporations.

For one example, Boeing’s corporate headquarters is located in Chicago. Roughly 3% of global carbon emissions come from jet airliners, and roughly half of those jet airliners are Boeing airliners.

As one element among several employed in a lawfare approach for punishing Chicago for being Chicago, the city might be sued for not exerting pressure on Boeing’s management to transition their jet airliners into a hydrogen fueled engine technology.

Another element of the lawsuit might be to claim that Chicago’s city government has the power to levy exceptionally high taxes on fossil fuel consumption as a means of discouraging consumption, and that Chicago also has the authority to enable high regulatory barriers against the continued use of fossil fuels — but has not chosen to do so.

Rud Istvan
March 13, 2024 3:10 pm

Climate lawfare.
Filing the same defective ‘Exxon knew’ suit over and over on behalf of different plaintiffs is NOT going to lead to eventual success. Rather, it is one definition of Sher Edling insanity.
Every other attempt based on the 2011 laJolla meeting chaired by Oreskes planning to lawfaring Merchants of Doubt has also failed. MA, NY, USVI…

To prevail, for monetary damages you have to prove actual damage, and for injunctive relief you have to show imminent harm (damage). Nobody can do either, anywhere.
Sea level rise did not accelerate. Extreme weather did not increase. Pacific atolls grew in extent. UK children still know snow. Food production increased thanks to greening.

Chicago does not have a climate problem. It has a gangs and guns problem. It has a sanctuary city illegal immigrant problem. It has a no bail required for repeat criminals problem. Those are all self inflicted wounds the new progressive climate obsessed mayor is NOT addressing. Won’t end well. Is why both my kids families and my ex all moved out of Chicago to other states, and why Ken Griffin just moved Citadel from Chicago to Miami.

Reply to  Rud Istvan
March 13, 2024 5:49 pm

And yet we have examples of judges declaring that human caused warming is an existential threat, no evidence necessary (or allowed), simply the court taking judicial notice. Quite a lot depends on what judge the plaintiffs get to choose.

Reply to  AndyHce
March 13, 2024 7:33 pm

They don’t get to choose the judge, just the court district.

AGW is Not Science
Reply to  AndyHce
March 14, 2024 4:21 am

It’s high time to put that non-fact on trial, and if the court persists in clinging to that “fact” most definitely NOT “in evidence,” appeal all the way to SCOTUS if necessary.

Reply to  Rud Istvan
March 14, 2024 6:09 am

My nephew used to work under Ken Griffin at Citadel in Chicago. My nephew moved out of there several years ago.

Rud Istvan
March 13, 2024 3:55 pm

Separate more general legal observation. It is hard to get rid of lawfare. The reason is embedded in the Constitution and in the predecessor British common law. The presumption is, do not make it hard to file a grievance, rather let the courts sort it out.
In UK, the rule is plaintiff loser pays defendant court costs. Canadian example is Mann v Ball. Follows the prior common sense common law—a financial deterrant to lawfare. US not so, hence much lawfare.

Reply to  Rud Istvan
March 13, 2024 4:44 pm

The only upside to Mann not paying legal costs in the Mann vs Ball case is that now Mann can’t sue anyone in Canadian jurisdictions without having the unpaid costs thrown at him.

Brian0127
March 13, 2024 5:32 pm

What’s got the eco-worriers wetting their briefs is their failure to comprehend the work carried out by Exxon in the’70s.
When faced with a new problem that is not fully understood, at the time, what can be done to help define the boundaries of the problem is to carry out a senstivity analysis.
This works along the lines of if x happens then the consequences are predicted to be y.
You study a range of x to better understand y.
Now if y is inconsequential then the sensitivity analysis suggests that there may not be a problem.
It is my understanding that the issue of prior knowledge has arisen because those doing the original Exxon study managed to capture the current atmospherIc CO2 levels within the range of values studied in their sensitivity analysis.
The range of atmospheric CO2 contents studied were not predictions but what-ifs for the purposes of the study.
For the charge of prior knowledge to be proven then there would have to be verified proof of atmospheric CO2 predictions. The problem with this approach is that in 1970, without access to a time machine, there would have been no way of knowing what would happen in 2024,
Thus the charges of prior knowledge should be easily refuted.

AGW is Not Science
Reply to  Brian0127
March 14, 2024 4:42 am

Furthermore, THERE IS NO EVIDENCE THAT A WARMER CLIMATE IS WORSE!

Quite the OPPOSITE, in fact!

And that should be ANOTHER thing put on trial, because it is yet another “fact” not in evidence!

March 13, 2024 5:42 pm

If the case can be made that each – in domino fashion – should be dismissed due to a total lack of evidence for the claims about ‘industry-paid shill climate scientists,’ and that the core people behind these lawsuits should be investigated and prosecuted, those enviros will never see this coming.

Oh, be careful there, denial central.

Mickey Mann recently wiped your eyes for a cool $1 million.

Gotta make it real, folks.

Fantasies tend not to stand up in courts of law.

Reply to  TheFinalNail
March 13, 2024 6:46 pm

Mann’s actual award was $1 for damages, and $1 million punitive. The court knows full well that a low cost appeal based on the $1 damages will knock the punitive damages to a very few dollars. In the meantime, while they manage to avoid the whole issue of appearing to have decided whether Mann was doing good science or quackery as Steyn claimed.

Reply to  TheFinalNail
March 13, 2024 7:43 pm

Mickey Mann’s fantasies stood up when he presented them in the Mickey Mouse court, but the clock is ticking as to how long that will last. My guess is Mann will see about $20 from Steyn, not much more – Mann had enough low cunning to pick one of a very few places that wouldn’t laugh his case out of court and that was all that scraped him a win. As to the rest, as long as the courts aren’t hopelessly corrupt and heavily prejudiced, these cases will be tossed as the garbage that they are, they have no legal merit whatsoever. In another country, if they even got to a court hearing, they would all have to pay defendants costs – that has a limiting effect on stupid, vexatious litigation like this.

Russell Cook
Reply to  TheFinalNail
March 13, 2024 7:45 pm

Fantasies tend not to stand up in courts of law.

Well, exactly my point in my dissection of Chicago v BP, in case that sailed over your head. The fantasy in these 19 boilerplate copy lawsuits handled by just one law firm is that ‘Exxon knew their products caused global warming harm, but deceived the public by employing skeptic scientist shills, where this conspiracy is proven via leaked industry docs in which executives said Victory will be achieved when we succeed in repositioning global warming as theory rather than fact.’

Fact is, Exxon didn’t know jack about what climate situation was being caused from the usage of their products, and the central ‘leaked industry memos’ evidence were proposals that were never implemented anywhere by any fossil fuel company. Plus, Dr Willie Soon was never bribed by Exxon to fabricate evidence. The enviros beg for these things to get to juries, but if they are thrown out due to a total lack of evidence to support their core accusations, the enviros will never see that coming.

Reply to  Russell Cook
March 14, 2024 6:23 am

“Fact is, Exxon didn’t know jack about what climate situation was being caused from the usage of their products, and the central ‘leaked industry memos’ evidence were proposals that were never implemented anywhere by any fossil fuel company. Plus, Dr Willie Soon was never bribed by Exxon to fabricate evidence.”

That sums it up nicely.

The people suing Exxon are doing so in order to try to substitute lawfare for the science they don’t have.

Reply to  TheFinalNail
March 14, 2024 3:40 am

None of Mickey Mann’s fantasy science was brought into the court.

And no, it would not have stood up.

This was a “kangaroo” court… nothing more, and probably less.

You seem to be very ignorant of what it was all about.

Reply to  TheFinalNail
March 14, 2024 11:11 am

Fantasy is, of course, your realm and area of expertise.

Nothing Final in your comment … still bent.

Scissor
March 13, 2024 7:00 pm

Every bite of food, swallow of drink has a negative effect on one’s teeth and strains one’s digestive system, at least putting some wear and tear on it. Further, waste products have to be dealt with by some means or another.

Most would agree that the benefits outweigh the negative consequences. Still, one is free to forego eating and drinking.

Rick C
March 13, 2024 7:40 pm

As I understand it, the Sher Edling La Jolla lawfair franchise concept was modelled on the successful tobacco industry law suits that netted hundreds of millions for the lawyers and participating states. So how’d that work out?

Tobacco companies still in business.Cigarettes went from <$2 to about $10/pack.Lawyers got rich.States got lots of money a fraction of which has gone to cover smokers health care.
Tobacco companies still in business.States jacked cigarette taxes and tobacco companies raised prices to pay off states. Price of a pack now ~$10 VS. $2.00 before – paid, of course by the still hopelessly addicted.Money used by the states for all kinds of stuff, but not much to pay health care costs of smokers.
In reality these law suits are just attempted extortion. No one expects or wants them to result in oil companies being driven out of business. They just want to collect their enormous contingency fees. Who cares if the price of a gallon of gas goes up 300 – 400%?

No body cares about the financial cost piled on smokers – they’re stupid and evil anyway. But I think a lot of people would be moved to some form of active resistance if gas becomes unaffordable.

Reply to  Rick C
March 14, 2024 5:32 am

Yeah, about that. Smokers are subsidising the government, I’m not joking. Last year tobacco taxes put £10,004 million into the UK governments account (down 3% from the previous year) and $11.26 billion in the USA. Some activist groups in the UK and UK have tried to speculate on how much smoking costs the countries in terms of healthcare costs but there is simply no way to identify what might have been if those people didn’t smoke – the figures are sheer speculation. Then there’s the petrol taxes and the alcohol taxes – if you happen to be a car driving, alcoholic chain-smoker then your contribution to government finances is pretty big.

Jeff Alberts
March 13, 2024 8:03 pm

Energy is dirty, no matter what kind it is. The idea of “clean energy” is a complete pipe dream.

Lee Riffee
Reply to  Jeff Alberts
March 13, 2024 8:45 pm

So true. The old notion of there being no “free lunch” is absolutely true. Everything has some advantages and some drawbacks. Nothing is perfect. Perhaps the least dirty form of electricity generation is nuclear, followed by natural gas. Hydro is clean, but its downside is it is only available in limited places. Wind and solar are some of the dirtiest forms of energy, if the entire life cycle of constructing and erecting the devices used to catch “free” sunlight and breezes….

Jeff Alberts
Reply to  Lee Riffee
March 13, 2024 10:14 pm

Not to mention the destruction of natural habitats to erect wind turbines and solar farms. And the outright killing of wildlife by both.

AGW is Not Science
Reply to  Jeff Alberts
March 14, 2024 6:48 am

Who ever thought the “tree huggers” would embrace deforestation in order to build something that can’t replace (and is produced only by virtue of the use of) coal, oil and gas anyway!

Maybe to penetrate their lack of connection to reality, someone should suggest eradicating the Giant Sequoia trees in California to build wind farms, and answer their bleating with “It’s for the planet!”

AGW is Not Science
Reply to  Lee Riffee
March 14, 2024 6:42 am

Even hydro isn’t “clean,” you still have all the steel and cement and aggregate for concrete, and excavation done by machines made of metal (sourced from fossil fuels) and powered by fossil fuels.

And you’re ignoring any effects on ecosystems from damming rivers as well.

Not that I’m against it, but once again there’s plenty to counter the notion of “cleanliness.”

Bob Johnston
March 14, 2024 8:09 am

These oil companies should pull their products from Chicago and see just how quickly this nuisance suit is dropped.

Sparta Nova 4
March 14, 2024 8:37 am

In every locale an oil company faces litigation they should announce to that area (population & government) that until the case is resolved they will forego providing any products or services as they would not wish to exacerbate the penalties should they lose the case.

Let those places go for a day or 2 or 3 without oil or gas or and of the benefits of petroleum and see how long it takes to dismiss the case.

Since they are accused of harmful activities, putting a hold on those activities would be quite legally defensible.

Reply to  Sparta Nova 4
March 14, 2024 9:52 am

See you say that but these are leftists we’re talking about and a more arrogant group of irrational arseholes you’ll never find.
They’ll sue the oil companies for supplying a so-called ‘toxic pollutant’ quite happily then, if they stop supplying it, the leftists will sue the oil companies for NOT supplying an essential transport and power fuel. Either way they’ll accuse the oil companies of all sorts of evilness including putting lives in danger and polluting the environment.

Reply to  Richard Page
March 14, 2024 11:19 am

They just need to have a surrogate of some kind make the announcement in a strong believable way, along with the possible details (projected time frames; projected cost increases; projected lag time before supply chains get back to normal after the suit is completed for win or loss; etc).

Then simply step back and say that they will still supply the energy needs … the impact to the innocent citizen is too great and they will take on the additional risk burden because they are nice people.

Reply to  DonM
March 14, 2024 11:50 am

What you are talking about is a ‘false flag’ court case – where a legal firm uses the same documents and filings as Sher Edling but adds an injunction against the oil companies supplying fuels to that jurisdiction? Nobody will do that (at least I don’t think they will) because it might actually succeed.

Sparta Nova 4
Reply to  Richard Page
March 14, 2024 1:14 pm

There are swarms of lawyers that will take such a case on a % if win and cost you nothing if lose. Hmmm…..

Now we are cooking with oil.

Sparta Nova 4
Reply to  Richard Page
March 14, 2024 1:13 pm

They will sue… Perhaps… But when the entire population is affected, it could end before the ink is dry…

Consider the outrage with cell phones went out for 10 hours a little while ago and that was a local/regional outage. Consider than all the cells phones out, TVs, computers, internet… and to keep damages down to a minimum, it could be accomplished in a way of not total, but rolling blackouts.

It won’t happen, of course, but it is amusing to consider.