Last fall, on the same day that the parties to the Paris Agreement gathered in Glasgow for their first day of their annual international climate meeting, the U.S. Supreme Court announced it would review an appellate court decision about the U.S. Environmental Protection Agency's authority to regulate greenhouse gases from fossil fuel power plants under the Clean Air Act.
Fast forward half a year: On February 28, the day that the U.N. Intergovernmental Panel Climate Change issued its sobering report on climate adaptation and harms to human and planetary well-being, the court heard oral arguments in the case—West Virginia v. EPA.
Once again, it was a split-screen reality.
In reaction to the report, U.N. Secretary-General António Guterres stated, "Today's IPCC report is an atlas of human suffering and a damning indictment of failed climate leadership. With fact upon fact, this report reveals how people and the planet are getting clobbered by climate change. Nearly half of humanity is living in the danger zone—now.
Many ecosystems are at the point of no return – now. Unchecked carbon pollution is forcing the world's most vulnerable on a frog march to …
This op-ed originally ran in Bloomberg Law.
On Jan. 25, the U.S. Court of Appeals for the Fourth Circuit held oral argument in Baltimore v. BP PLC, a case in which the city is seeking to hold BP and other fossil fuel companies liable in state court for their systematic deceptive marketing campaign to hide the catastrophic dangers of their products.
The goal of their decades-long, ongoing disinformation campaign: to lock in a fossil-fuel based society—and continue reaping astronomical profits—even during a fossil fuel-driven climate emergency. Other cities, counties, and states have brought similar suits in their state courts, all invoking long-standing state deceptive marketing laws.
So why is Baltimore's case before a federal appellate court? The panel's three judges wanted to know—and the answer is more misrepresentation.
On Feb. 28, the Supreme Court will hear oral arguments in the first of an expected wave of cases challenging governmental action to address the climate crisis. The court’s grant of four petitions seeking review in this case—two by coal companies and two by states—portends that the six conservative justices will erect significant barriers to meaningful climate policy and will continue to interfere with democratic governance in disregard of the rule of law.
The issue presented in the case, West Virginia v. Environmental Protection Agency, concerns the EPA’s authority to regulate pursuant to its mandate in the Clean Air Act. Oddly, there’s no regulation in effect for the court to review; instead, it will ostensibly review the interpretation of the act adopted by the Obama administration nearly a decade ago, which gave the EPA the …
During a historic hearing before the U.S. House Committee on Oversight and Reform on October 28, the executives of ExxonMobil, Chevron, Shell, BP, and the American Petroleum Institute (API), refused to admit to their decades-long climate disinformation campaign that is now well-documented in publicly available documents uncovered by journalists and researchers.
If that weren’t enough, the executives continued to deny climate science under oath, albeit with a slight twist from their previous disinformation campaign. Instead of denying the science establishing that fossil fuels are driving the climate crisis, they’re now denying the science establishing the urgent need for a rapid transition away from fossil fuels.
In other words, they’re still lying — a strategy that was on full display in this blockbuster hearing.
The ultimate questions at hand were whether the chiefs of the oil and gas industry would:
This op-ed was originally published in Bloomberg Law.
The Interdisciplinary Panel on Climate Change report released Aug. 9 declared that evidence is now unequivocal that human activity is driving global warming, and immediate steps must be taken to mitigate profound changes. Karen C. Sokol, professor at Loyola University New Orleans College of Law, says two essential international policies must be taken — ending fossil fuel production and providing communities with the resources to adapt.
Since the Intergovernmental Panel on Climate Change (IPCC) published its massive report on Aug. 9, the report’s “key takeaways” have been widely covered. One of the scientists who authored the report powerfully distilled its import down to one key takeaway.
"[W]e know enough,” Dr. Joeri Rogelj of the Grantham Institute for Climate Change said. “Let’s get on with working towards addressing this challenge that will define humanity over the next …
This op-ed was originally published in The Hill.
On Aug. 9, the Intergovernmental Panel on Climate Change (IPCC) published the first installment of its latest report assessing the state of scientific knowledge about the climate crisis. As United Nations Secretary-General António Guterres put it in a press release, the report is nothing less than “a code red for humanity.”
“The alarm bells are deafening,” Guterres said, “and the evidence is irrefutable: greenhouse gas emissions from fossil fuel burning and deforestation are choking our planet and putting billions of people at immediate risk.”
The good news is that the science indicates that there is still time to respond by taking drastic and rapid action to shift from fossil fuels to clean, renewable energy and to keep people safe in the face of the dangerous changes in the climate system that have already taken place. That is, we must …
On the last day of June, an entire village in Canada was engulfed in a wildfire after the country recorded its highest temperature ever. That same day, Greenpeace UK's investigative team published a striking tape of two Exxon senior employees' candid accounts of the fossil fuel industry's surreptitious lobbying efforts to undermine climate action.
ExxonMobil and other major oil and gas companies have long been deceiving the public about the catastrophic dangers of their products in order to undermine international and national climate policy and maintain their social license. This latest tape is a significant contribution to mounting evidence of the industry's ongoing disinformation campaign in the service of protecting its highly lucrative and planet-destroying business, particularly at this pivotal moment.
On the tape, the lobbyists detail how the industry is currently applying its deceptive tactics to wipe climate initiatives out of President Joe Biden's original $2 …
"When you are at the verge of the abyss, you must be very careful about your next step, because if the next step is in the wrong direction, you will fall."
So warned United Nations Secretary-General António Guterres in a recent interview on NBC Nightly News. He was calling on the world's wealthiest nations to meet their obligations under the Paris climate accords to rapidly transition away from fossil fuels and to help developing countries to transition and to adapt to threats that can no longer be averted. Wealthy nations simply must meet these obligations to achieve the Paris goal of holding global temperature rise to a sustainable level.
Guterres' remarks came as the nations prepared to meet at an economic meeting held last month known as the G-7 summit. Shortly before the meeting, the International Energy Agency, which was created in 1974 to monitor global …
This op-ed was originally published in Drilled News on May 26, 2021. This is an excerpt.
Last week, the U.S. Supreme Court weighed in on an important case about whether major oil and gas companies should be held accountable for engaging in a systematic marketing campaign to deceive the public about the catastrophic threat that fossil fuel products pose to the planet.
The Court didn’t consider the merits of the case but rather answered an obscure procedural question in a way that permits the defendants to continue to delay litigation in state court, and thereby also serves to deny the public essential information about the fossil fuel industry’s attempt to spread disinformation about its products’ role in fueling the climate crisis.
In the case, Baltimore alleges that the companies used deceptive marketing tactics to hide the danger of fossil fuel products in order to …
This op-ed was originally published in The Hill.
A week after taking office, President Joe Biden issued an executive order “on tackling the climate crisis” that aims to face the challenge comprehensively and equitably. Biden has quickly appointed and seen confirmed a team of leaders who are committed to all aspects of this mission. Our country is finally on the cusp of meaningful climate action. The climate action train is so popular that even fossil fuel companies, which have historically sought to derail it, are now saying they’re on board.
We should, of course, welcome all sincere collaborators; the fossil fuel industry is not among them.
Yes, major oil and gas companies are finally, if reluctantly, beginning to publicly acknowledge the climate crisis, and some even claim to “support” the Paris Agreement’s goal of net-zero carbon emissions by 2050.
These claims are a central part …