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AGs’ motives questioned as Exxon climate change ‘fraud’ probe recalls tobacco windfall

http://www.washingtontimes.com/news/2016/may/12/exxon-climate-change-fraud-probe-recalls-tobacco-w/?page=all

After winning an $800 million settlement last year against Hess Oil, Virgin Islands Attorney General Claude E. Walker was eager to find what he described as other litigation “targets.”

He found one such deep pocket in Exxon Mobil. But his investigation into whether the company engaged in climate change “fraud” is drawing accusations that the end game for Mr. Walker and other like-minded attorneys general is a mammoth payday modeled after the 1998 tobacco settlement.

Mr. Walker has been the most aggressive member of AGs United for Clean Power, an unprecedented coalition of 17 attorneys general aimed at pursuing fraud accusations against Exxon Mobil and other fossil fuel companies.

“I believe this $800 million settlement gives the Virgin Islands Attorney General a lot of credibility in being involved in the inner circle of this because he’s proved that he can shake down a major company,” said Myron Ebell, director of the Center for Energy and Environment at the Competitive Enterprise Institute, one of Mr. Walker’s targets.

And the Exxon investigation may be just the beginning.

“In talking about widening the investigation, the goal is to bring in the entire oil industry. It’s not just Exxon they’re after,” Mr. Ebell said.

Already comparisons have been drawn between AGs United for Clean Power and the state officials who secured the 1998 deal in which five major tobacco companies agreed to pay $10 billion per year indefinitely to the states.

“It was a combined effort in which the state attorneys general played the crucial role in securing a historic victory for public health,” said former Vice President Al Gore Jr. at the coalition’s March 29 press conference in New York City.

“From the time the tobacco companies were first found out, as evidenced by the historic [Surgeon General’s report] of 1964, it took 40 years for them to be held to account under the law,” Mr. Gore said. “We do not have 40 years to continue suffering the consequences of the fraud allegedly being committed by the fossil fuel companies where climate change is concerned.”

Pushing for a parallel effort at the federal end is Sen. Sheldon Whitehouse, Rhode Island Democrat, who reiterated his call Wednesday for the Justice Department to launch a probe into the oil-and-gas industry.

“There are obvious similarities between the fossil fuel industry’s denial of its products’ climate effects and the tobacco industry’s denial of its products’ health effects,” Mr. Whitehouse said in a speech on the Senate floor. “These similarities are sufficient that a proper inquiry should be made about pursuing a civil lawsuit like the one the Justice Department brought and won against Big Tobacco.”

Given the sizes of the industries involved, however, the tobacco settlement could look like peanuts next to the prospect of a financial windfall from the fossil fuel business.
“You need to compare the relative size of the oil industry and the tobacco industry,” Mr. Ebell said. “Tobacco is tiny compared to oil. So if they could get $10 billion out of the tobacco industry, think of what their goals are for the oil industry.”

A questionnaire obtained by the free market Energy & Environmental Legal Institute shows that Mr. Walker had already served Exxon Mobil with a subpoena and was actively seeking other companies to investigate when coalition members met in March.

“We are interested in identifying other potential litigation targets,” Mr. Walker said in response to a question asking for input on the coalition’s goals “beyond the federal/EPA advocacy and litigation.”

The only independent in the coalition — the rest are Democrats — Mr. Walker also said he was “eager to hear what other attorneys general are doing and find concrete ways to work together on litigation to increase our leverage.”

Born in England and educated in New York, Mr. Walker was appointed attorney general in August 2015 by Virgin Islands Gov. Kenneth E. Mapp. Months later Mr. Walker secured an $800 million settlement with Hess after the company closed its St. Croix refinery despite receiving what he called “billions of dollars in tax breaks.”

He said the settlement would be used in part to create an “environmental response trust that will deal with cleanup of the site and help convert part of it to solar development, we hope.”

At the press conference he described Mr. Gore as “one of my heroes,” while New York Attorney General Eric T. Schneiderman said Mr. Walker brought “tremendous energy” to the climate change coalition.

“We have launched an investigation into a company that we believe must provide us with information about what they knew about climate change and when they knew it, and we’ll make our decision about what action to take,” Mr. Walker said.

He described the investigation as “David and Goliath, the Virgin Islands against a huge corporation, but we will not stop until we get to the bottom of this and make it clear to our residents as well as the American people that we have to do something transformational.”

Mr. Walker has issued three subpoenas, including one to Exxon that calls for its communications with more than 100 universities, academics and think tanks. Exxon is challenging the subpoena, saying it violates the company’s First Amendment rights.

Matt Pawa, a lawyer affiliated with the Climate Accountability Institute who briefed the attorneys general before their press conference, said that Exxon needs to “come clean about its commercial relationships with those it has paid to peddle its message of climate denial.”

“Commercial speech is different, and the First Amendment does not protect fraud,” Mr. Pawa said in an email. “Exxon paid various individuals and groups as part of a sophisticated and far-reaching disinformation campaign on global warming.”

Despite his position as the Virgin Islands‘ top law enforcement official, however, Mr. Walker isn’t necessarily waiting for all the evidence before making a judgment on the oil industry’s guilt.

“We cannot continue to rely on fossil fuel. Vice President Gore has made it clear we have to rely on renewable energy. That’s the only solution,” Mr. Walker said. “It’s troubling that as the polar caps melt, you have companies that are looking at that as an opportunity to go and drill, to go and get more oil. Why? How selfish can you be? Your product is destroying this earth.”

Mr. Schneiderman launched his own state investigation last year into whether Exxon covered up its knowledge of the risks of global warming and lied to investors about the impact to its bottom line from catastrophes produced by climate change.

Exxon has denied suppressing climate change research, while skeptics argue that no scientific connection has been established between disasters like hurricanes and elevated levels of carbon dioxide in the atmosphere.

Mr. Ebell said the playbook for the climate change investigation mirrors that used in the tobacco litigation: First, stop Exxon from defending itself and funding its supporters, and then make a deal.

Exxon officials have come out in support of a carbon tax and announced that the company would no longer fund skeptics’ groups, “so what’s left, except to get a settlement?” he asked.

The difference is that there are many more reputable scientists and researchers today disputing the impact of greenhouse gases than there were disputing the health effects of smoking.

“Now with the tobacco settlement, there was an actual basis for that case. The tobacco industry had concealed things, it knew about the health effects of smoking tobacco for a long time, and it had lied under oath,” Mr. Ebell said. “This is entirely different, but you can see we’re going down the same road here.”

Report reveals secret meeting by environmentalists to target Exxon, oil industry

http://www.foxnews.com/politics/2016/04/13/report-reveals-secret-meeting-by-environmentalists-to-target-exxon-oil-industry.html

Environmentalists backing a Big Tobacco-style government probe of oil companies plotted their strategy for targeting companies like ExxonMobil at a closed-door meeting in Manhattan earlier this year, according to a Wall Street Journal report.

The report sheds new light on an evolving campaign against the fossil fuel industry that has drawn in several attorneys general who are now investigating ExxonMobil.

According to the Journal, the January meeting in Manhattan was a key moment and brought together several veteran environmental activists to discuss how to “establish in [the] public’s mind that Exxon is a corrupt institution that has pushed humanity (and all creation) toward climate chaos and grave harm.”

Critics described the meeting as proof of “collusion” in the campaign against ExxonMobil.

That push has developed as several AGs — most recently in Massachusetts and the U.S. Virgin Islands — have launched their own investigations into claims that oil companies misled the public about the risks of global warming.

The company went to court Wednesday to try to block a subpoena by the Virgin Islands attorney general.

“The chilling effect of this inquiry, which discriminates based on viewpoint to target one side of an ongoing policy debate, strikes at protected speech at the core of the First Amendment,” the company’s court filing said, according to the Journal.

The newspaper reported that environmentalists want to encourage state prosecutors, as well as the Justice Department, to launch investigations.

“It’s about helping the larger public understand the urgencies of finding climate solutions,” Lee Wasserman, head of the Rockefeller Family Fund which hosted the January meeting, told the Journal. “It’s not really about Exxon.”

While the state investigations utilize different laws, they all aim to replicate the success of the federal government’s 1999 case against Big Tobacco, in which the industry was accused of misleading the public about smoking and nicotine risks.

Exxon representatives say the accusations against the oil giant are “laughable” and “not credible.”

Tax Me, Says Exxon Mobil, in Declaring Support for Climate Talks

Exxon Mobil Corp., a favorite target of global warming activists, said Wednesday that it’s hopeful for a deal out of the climate-change talks in Paris and still thinks the best solution is a tax on carbon pollution.

As the United Nations negotiations moved into a third day, the world’s biggest oil explorer said in an blog post that it supports “meaningful action to address the risks of climate change” as long as it preserved access to the reliable and affordable energy.

“The long-term objective of climate-change policy should be to reduce the risks of serious harm to humanity and ecosystems at minimum societal cost, while recognizing shared humanitarian necessities,” Exxon Mobil General Counsel Ken Cohen wrote in the post.

In the run-up to the Paris talks that began Nov. 30, Exxon has been under heavy assault by environmentalists and politicians who say it misled the public by promoting uncertainties about climate science. New York State’s attorney general has subpoenaed company records about its research going back decades, and U.S. Secretary of State John Kerry, in a Rolling Stone interview published Tuesday, said Exxon’s actions would amount to “a betrayal” of humanity if it’s found to have suppressed knowledge about climate risks.

Revenue-Neutral Tax

Exxon has said it made its research public and did nothing wrong. The Irving, Texas-based explorer takes climate change seriously and has taken steps to reduce its own emissions, Cohen said in today’s post.

The most effective solution would be a revenue-neutral tax on greenhouse gas emissions, Cohen wrote, reiterating a position Exxon has held for years.

“Instead of subsidies and mandates that distort markets, stifle innovation, and needlessly raise energy costs, a carbon tax could help create the conditions to reduce greenhouse gas emissions in a way that spurs new efficiencies and technologies,” he said.

“The revenue-neutral carbon tax could be a workable policy framework for countries around the world.”

Long a hard-line opponent to climate-friendly carbon limits, Exxon began to soften its outlook and embrace the need to curb greenhouse gases in 2006 when Rex Tillerson succeeded Lee Raymond as chairman and CEO. The company’s $35 billion takeover of XTO Energy in 2010 was inspired in part by expectations that stricter climate rules would spur natural gas demand as a replacement for dirtier coal.

Exxon Knew about Climate Change Almost 40 Years Ago

http://www.scientificamerican.com/article/exxon-knew-about-climate-change-almost-40-years-ago/

A new investigation shows the oil company understood the science before it became a public issue and spent millions to promote misinformation

The company’s knowledge of climate change dates back to July 1977, when its senior scientist James Black delivered a sobering message on the topic.

Exxon was aware of climate change, as early as 1977, 11 years before it became a public issue, according to a recent investigation from InsideClimate News. This knowledge did not prevent the company (now ExxonMobil and the world’s largest oil and gas company) from spending decades refusing to publicly acknowledge climate change and even promoting climate misinformation—an approach many have likened to the lies spread by the tobacco industry regarding the health risks of smoking. Both industries were conscious that their products wouldn’t stay profitable once the world understood the risks, so much so that they used the same consultants to develop strategies on how to communicate with the public.

Experts, however, aren’t terribly surprised. “It’s never been remotely plausible that they did not understand the science,” says Naomi Oreskes, a history of science professor at Harvard University. But as it turns out, Exxon didn’t just understand the science, the company actively engaged with it. In the 1970s and 1980s it employed top scientists to look into the issue and launched its own ambitious research program that empirically sampled carbon dioxide and built rigorous climate models. Exxon even spent more than $1 million on a tanker project that would tackle how much CO2 is absorbed by the oceans. It was one of the biggest scientific questions of the time, meaning that Exxon was truly conducting unprecedented research.

In their eight-month-long investigation, reporters at InsideClimate News interviewed former Exxon employees, scientists and federal officials and analyzed hundreds of pages of internal documents. They found that the company’s knowledge of climate change dates back to July 1977, when its senior scientist James Black delivered a sobering message on the topic. “In the first place, there is general scientific agreement that the most likely manner in which mankind is influencing the global climate is through carbon dioxide release from the burning of fossil fuels,” Black told Exxon’s management committee. A year later he warned Exxon that doubling CO2 gases in the atmosphere would increase average global temperatures by two or three degrees—a number that is consistent with the scientific consensus today. He continued to warn that “present thinking holds that man has a time window of five to 10 years before the need for hard decisions regarding changes in energy strategies might become critical.” In other words, Exxon needed to act.

But ExxonMobil disagrees that any of its early statements were so stark, let alone conclusive at all. “We didn’t reach those conclusions, nor did we try to bury it like they suggest,” ExxonMobil spokesperson Allan Jeffers tells Scientific American. “The thing that shocks me the most is that we’ve been saying this for years, that we have been involved in climate research. These guys go down and pull some documents that we made available publicly in the archives and portray them as some kind of bombshell whistle-blower exposé because of the loaded language and the selective use of materials.”

One thing is certain: in June 1988, when NASA scientist James Hansen told a congressional hearing that the planet was already warming, Exxon remained publicly convinced that the science was still controversial. Furthermore, experts agree that Exxon became a leader in campaigns of confusion. By 1989 the company had helped create the Global Climate Coalition (disbanded in 2002) to question the scientific basis for concern about climate change. It also helped to prevent the U.S. from signing the international treaty on climate known as the Kyoto Protocol in 1998 to control greenhouse gases. Exxon’s tactic not only worked on the U.S. but also stopped other countries, such as China and India, from signing the treaty. At that point, “a lot of things unraveled,” Oreskes says.

But experts are still piecing together Exxon’s misconception puzzle. Last summer the Union of Concerned Scientists released a complementary investigation to the one by InsideClimate News, known as the Climate Deception Dossiers (pdf). “We included a memo of a coalition of fossil-fuel companies where they pledge basically to launch a big communications effort to sow doubt,” says union president Kenneth Kimmel. “There’s even a quote in it that says something like ‘Victory will be achieved when the average person is uncertain about climate science.’ So it’s pretty stark.”

Since then, Exxon has spent more than $30 million on think tanks that promote climate denial, according to Greenpeace. Although experts will never be able to quantify the damage Exxon’s misinformation has caused, “one thing for certain is we’ve lost a lot of ground,” Kimmell says. Half of the greenhouse gas emissions in our atmosphere were released after 1988. “I have to think if the fossil-fuel companies had been upfront about this and had been part of the solution instead of the problem, we would have made a lot of progress [today] instead of doubling our greenhouse gas emissions.”

Experts agree that the damage is huge, which is why they are likening Exxon’s deception to the lies spread by the tobacco industry. “I think there are a lot of parallels,” Kimmell says. Both sowed doubt about the science for their own means, and both worked with the same consultants to help develop a communications strategy. He notes, however, that the two diverge in the type of harm done. Tobacco companies threatened human health, but the oil companies threatened the planet’s health. “It’s a harm that is global in its reach,” Kimmel says.

To prove this, Bob Ward—who on behalf of the U.K.’s Royal Academy sent a letter to Exxon in 2006 claiming its science was “inaccurate and misleading”—thinks a thorough investigation is necessary. “Because frankly the episode with tobacco was probably the most disgraceful episode one could ever imagine,” Ward says. Kimmell agrees. These reasons “really highlight the responsibility that these companies have to come clean, acknowledge this, and work with everyone else to cut out emissions and pay for some of the cost we’re going to bear as soon as possible,” Kimmell says.

It doesn’t appear, however, that Kimmell will get his retribution. Jeffers claims the investigation’s finds are “just patently untrue, misleading, and we reject them completely”—words that match Ward’s claims against them nearly a decade ago.

Lawmakers Seek Probe of Oil Giant for Hiding Knowledge of Climate Change

http://steelerslounge.com/2015/10/lawmakers-seek-probe-of-oil-giant-for-hiding-knowledge-of/33540/

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ExxonMobil scientists continue to research and publish findings to improve understanding of climate system science as a basis for society’s response to climate change and have produced more than 50 peer-reviewed publications on topics including the global carbon cycle, detection and attribution of climate change, low carbon technologies and analysis of future scenarios for energy and climate.

“We are writing concerning a potential instance of corporate fraud-behavior that may ultimately qualify as a violation of federal law”, said Sanders’ letter to Attorney General Loretta Lynch. The resulting report finds Exxon officials received information from their own top-notch researchers in July 1977 that a doubling of the carbon dioxide concentration in the atmosphere would raise global temperatures by 2 to 3 degrees Celsius, and by up to 10 degrees Celcius at the Earth’s poles.

“Based on available public information, it appears that Exxon knew its product was causing harm to the public, and has spent millions of dollars to obfuscate the facts in the public discourse”, he said.

“Exxon Mobil knew the truth about fossil fuels and climate change and lied to protect their business model at the expense of the planet”, Sanders, who is running for the Democratic presidential nomination, wrote. ExxonMobil scientists have been selected by the Intergovernmental Panel on Climate Change, the United Nations’ most authoritative body on the subject, as authors of their past four major assessment reports, and have contributed to National Research Council boards and committees on climate change. Their letter to the attorney general cited the ICN story and a separate investigation by the Los Angeles Times, which showed that Exxon studied how global warming could affect its Arctic operations. Exxon’s climate deception is now sparking calls for a federal probe similar to that which yielded a racketeering conviction of Big Tobacco for hiding the dangers of smoking. Bernie Sanders sent a letter to the Department of Justice urging it to investigate claims levied by liberal news outlets that the oil giant Exxon Mobil “covered up” evidence about man-made global warming.

“We held tobacco companies responsible for lying about cancer”.

Hillary Clinton’s campaign did not respond to a request for comment.

Exxon’s Funding Of Climate Denial Turned Americans Against Their Own Government For Profit

http://seeingtheforest.com/exxons-funding-of-climate-denial-turned-americans-against-their-own-government-for-profit/

Exxon and other fossil fuel companies may have committed a crime of enormous proportions, and more and more elected officials and others are demanding an investigation.

The charge is that Exxon scientists and management knew since the late 1970s that the company’s product was helping cause our planet to warm “catastrophically,” but management responded by covering this up and disseminating disinformation – joining with other companies to commit an enormous fraud on the public for profit.

For some time, environmentalists have been warning that oil and coal companies were behind a broad campaign to deceive the public and block the government from regulating or taxing carbon pollution. Sites like ExxonSecrets, the Union of Concerned Scientists, SourceWatch and their Coal Issues portal, CoalSwarm and many others have been exposing, warning, documenting and working to get the word out.

This campaign is said to have included strategic use of misinformation, propaganda disseminated through front groups disguised as ideological organizations and purchased political influence to turn a substantial portion of the public against their own government. This was so that the companies could continue to profit from selling a dangerous, destructive product.

Recent investigative reporting has been able to access internal Exxon documents and statements from company scientists that confirms what the environmentalists have been telling us.

Exxon Knew

In September Inside Climate News (ICN) broke a story they called “Exxon: The Road Not Taken.” Using internal Exxon documents, Climate News showed how “Exxon conducted cutting-edge climate research decades ago” that its executives suppressed as it went about “manufacturing doubt about the scientific consensus that its own scientists had confirmed.” The report begins:

At a meeting in Exxon Corporation’s headquarters, a senior company scientist named James F. Black addressed an audience of powerful oilmen. Speaking without a text as he flipped through detailed slides, Black delivered a sobering message: carbon dioxide from the world’s use of fossil fuels would warm the planet and could eventually endanger humanity.

According to the reporting, beginning in the late 1970s Exxon scientists repeatedly warned management that their product was contributing to warming the planet, and that this could be “catastrophic.” A senior Exxon scientist, for example, warned in 1977 that “Present thinking holds that man has a time window of five to ten years before the need for hard decisions regarding changes in energy strategies might become critical.”

That was in 1977. Exxon scientists continued sounding the alarm and at first the company responded responsibly by launching an ambitious carbon/climate research effort.

Within months the company launched its own extraordinary research into carbon dioxide from fossil fuels and its impact on the earth. Exxon’s ambitious program included both empirical CO2 sampling and rigorous climate modeling. It assembled a brain trust that would spend more than a decade deepening the company’s understanding of an environmental problem that posed an existential threat to the oil business.

The Los Angeles Times looked at that research effort, in “What Exxon knew about the Earth’s melting Arctic,” part of a year-long project “researching the gap between Exxon Mobil’s public position and its internal planning on the issue of climate change.” The Times’ investigation was extensive, with broad access to documents and experts:

As part of that effort, reporters reviewed hundreds of documents housed in archives in Calgary’s Glenbow Museum and at the University of Texas. They also reviewed scientific journals and interviewed dozens of experts, including former Exxon Mobil employees.” The LA Times report found that Exxon scientists – and management – understood clearly that carbon was contributing to climate change and that the effects were real and severe.

From the ICN report:

Exxon’s research laid the groundwork for a 1982 corporate primer on carbon dioxide and climate change prepared by its environmental affairs office. Marked “not to be distributed externally,” it contained information that “has been given wide circulation to Exxon management.” In it, the company recognized, despite the many lingering unknowns, that heading off global warming “would require major reductions in fossil fuel combustion.”

Unless that happened, “there are some potentially catastrophic events that must be considered,” the primer said, citing independent experts. “Once the effects are measurable, they might not be reversible.”

Exxon knew. The company was part of an industry that was profiting from a product that was polluting the planet with potentially “catastrophic” consequences that “endangered humanity.”

So what did Exxon do with that knowledge?

What Exxon Did

What did Exxon do after company scientists provided indisputable evidence of the risks their product posed to the planet and humanity? The ICN report continued:

Then, toward the end of the 1980s, Exxon curtailed its carbon dioxide research. In the decades that followed, Exxon worked instead at the forefront of climate denial. It put its muscle behind efforts to manufacture doubt about the reality of global warming its own scientists had once confirmed. It lobbied to block federal and international action to control greenhouse gas emissions. It helped to erect a vast edifice of misinformation that stands to this day.

Exxon hid its corporate lobbying effort using a network of front groups disguised as ideological organizations and “think tanks” to disseminate disinformation and anti-government propaganda. They worked to sow doubt about the science – including smearing scientists and environmental activists – and to delegitimize potential efforts by governments to regulate its product. They also funded politicians who would help block efforts to regulate them. The ICN report explains:

Exxon helped to found and lead the Global Climate Coalition, an alliance of some of the world’s largest companies seeking to halt government efforts to curb fossil fuel emissions. Exxon used the American Petroleum Institute, right-wing think tanks, campaign contributions and its own lobbying to push a narrative that climate science was too uncertain to necessitate cuts in fossil fuel emissions.

Exxon and other companies utilized a network of front groups to push what has come to be called “climate denial.” The Union of Concerned Scientists (UCS) looked at what they call Global Warming Skeptic Organizations and warned,

These organizations play a key role in the fossil fuel industry’s “disinformation playbook,” a strategy designed to confuse the public about global warming and delay action on climate change. Why? Because the fossil fuel industry wants to sell more coal, oil, and gas — even though the science clearly shows that the resulting carbon emissions threaten our planet.

The Union of Concerned Scientists’ “Climate Deception Dossiers” examine a “coordinated campaign of deception” that is “underwritten by ExxonMobil, Chevron, ConocoPhillips, BP, Shell, Peabody Energy, and other members of the fossil fuel industry.” ExxonSecrets has mapped the networking of many of these organizations. And from 2007, New report from Union of Concerned Scientists documents ExxonMobil’s disinformation campaign:

Smoke, Mirrors & Hot Air: How ExxonMobil Uses Big Tobacco’s Tactics to “Manufacture Uncertainty” on Climate Change, a report released today by the Union of Concerned Scientists, details how ExxonMobil has adopted the tobacco industry’s disinformation tactics, as well as some of the same organizations and personnel, to cloud the scientific understanding of climate change and delay action on the issue. The section of the report on “Buying Government Access” includes discussion of documentation we made available in 2005 and issues we have raised since then.

The Tobacco Model

The Exxon/industry campaign strategies and tactics did not come out of nowhere. Tobacco companies had paved, refined and perfected the way.

After scientists and doctors began to warn that tobacco was causing cancer in people, tobacco companies came up with a plan to block the government from regulating their product. They created a campaign to convince the public that the science was not certain. They pioneered the use of organizations disguised as political and ideological organizations to disseminate anti-government propaganda aimed at preventing regulation of their product.

More than 480,000 Americans still die every year because of what the tobacco industry did. But their campaign to keep the profits rolling in didn’t just kill people; it turned a substantial portion of the American public against their own government. They disguised their propaganda as “limited government” ideology, but it was really just a plan to limit the government from regulating them.

The tobacco campaign worked for decades – bringing billions more in profits after the dangers of the product were known. Now that strategy serves as a model for other corporations that push products that injure, kill, scam, cheat or otherwise hurt people and worry that the government might try to do something about them.

In 2008 Chris Mooney wrote at The American Prospect about companies using the tobacco industry’s model in, “The Manufacture of Uncertainty,” reviewing the book “Doubt is Their Product: How Industry’s Assault on Science Threatens Your Health” by David Michaels. Mooney wrote:

The sabotage of science is now a routine part of American politics. The same corporate strategy of bombarding the courts and regulatory agencies with a barrage of dubious scientific information has been tried on innumerable occasions – and it has nearly always worked, at least for a time. Tobacco. Asbestos. Lead. Vinyl chloride. Chromium. Formaldehyde. Arsenic. Atrazine. Benzene. Beryllium. Mercury. Vioxx. And on and on. In battles over regulating these and many other dangerous substances, money has bought science, and then science – or, more precisely, artificially exaggerated uncertainty about scientific findings – has greatly delayed action to protect public and worker safety. And in many cases, people have died.

Tobacco companies perfected the ruse, which was later copycatted by other polluting or health-endangering industries. One tobacco executive was even dumb enough to write it down in 1969. “Doubt is our product,” reads the infamous memo, “since it is the best means of competing with the ‘body of fact’ that exists in the minds of the general public. It is also the means of establishing a controversy.”

A Wider Conspiracy?

This may be a wider corporate conspiracy that involves more than just one company. The massive campaign to block carbon regulation by turning Americans against their own government was not just an effort by Exxon. Meteor Blades explains at DailyKos, in “Former DOJ attorney beat Big Tobacco, wants probe of Exxon and others who buried climate change info“:

One of Exxon and other fossil fuel companies’ efforts included helping to establish the Global Climate Coalition in 1989 shortly after the first meeting of the U.N.-created Intergovernmental Panel on Climate Change (IPCC). Among GCC’s efforts was a tendentious video it provided to journalists at the 1992 Earth Summit in Rio de Janeiro in which it claimed, among other things, that more CO2 in the atmosphere would boost crop yields. So, something to cheer rather than worry about.

Until 1997, according to SourceWatch, GCC operated out of the offices of the National Association of Manufacturers. Among its members besides Exxon: the American Forest & Paper Association, American Petroleum Institute, Chevron, Ford, General Motors, Shell Oil, and the U.S. Chamber of Commerce. The organization was disbanded in 2002, although neither Exxon nor other former members gave up their propaganda war against climate science.

That organization was disbanded, but the funding of these anti-government, science-denial front groups continues.

Demands Grow For An Investigation

Last week, representatives Ted Lieu and Mark DeSaulnier, who serve on the House Oversight and Government Reform Committee, requested a Department of Justice investigation into Exxon.

“In this case, Exxon scientists knew about fossil fuels causing global warming and Exxon took internal actions based on its knowledge of climate change,” Lieu and DeSaulnier wrote. “Yet Exxon funded and publicly engaged in a campaign to deceive the American people about the known risks of fossil fuels in causing climate change.”

“If these allegations against Exxon are true then Exxon’s actions were immoral,” they added. “We request the DOJ to investigate whether ExxonMobil’s actions were also illegal.”

On Friday presidential candidate Martin O’Malley joined in, tweeting “We held tobacco companies responsible for lying about cancer. Let’s do the same for oil companies & climate change.” The tweet linked to a New Republic report on the Lieu/DeSaulnier letter.

Climate Progress wrote Tuesday that Sharon Eubanks, a “former U.S. Department of Justice attorney who prosecuted and won the massive racketeering case against Big Tobacco thinks the agency should consider investigating Big Oil for similar claims: engaging in a cover-up to mislead the public about the risks of its product.”

Sharon Eubanks, who now works for the firm Bordas & Bordas, told ThinkProgress that ExxonMobil and other members of the fossil fuel industry could be held liable for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) if it’s discovered that the companies worked together to suppress knowledge about the reality of human-caused climate change. She said that, considering recent revelations regarding ExxonMobil, the DOJ should consider launching an investigation into big fossil fuel companies.

“I think a RICO action is plausible and should be considered,” she said.

Senator and presidential candidate Bernie Sanders brought more attention to the charges this week, sending a letter to the Justice Department asking for a probe of Exxon, bringing attention to an issue that has been bubbling up for some time. Sanders’ press release explains the reason a probe is in order:

“Exxon Mobil knew the truth about fossil fuels and climate change and lied to protect their business model at the expense of the planet,” Sanders said. He likened Exxon Mobil’s conduct to claims by the tobacco industry about the health risks associated with smoking.

From Sanders’ letter:

“These reports, if true, raise serious allegations of a misinformation campaign that may have caused public harm similar to the tobacco industry’s actions — conduct that led to federal racketeering convictions.”

Polluting Democracy, Too

This propaganda and the money that propelled it has polluted our entire political system. Look into almost any organization (or political party) promoting “limited government” and complaining about “burdensome government regulation” and you will find oil money. This is not ideology; this is corruption. This is giant corporations trying to keep the government from doing something about their dangerous, destructive products.

This is a crime against our country and the world. It is a crime against our democratic system. The companies behind this enormous fraud on the public must be investigated for possible criminal activity. The front groups that disseminate anti-government, anti-regulation propaganda at their behest should be exposed as frauds and brought under control.

Now we have to move forward as quickly as possible to limit the burning of fossil fuels. Because of these companies and their fraud and disinformation, it is too late to stop the climate from changing – but it might not be too late to ward off the worst effects

Exxon’s Climate Cover-Up Should Be Investigated By DOJ, Tobacco Prosecutor Says

http://thinkprogress.org/climate/2015/10/20/3713761/exxon-climate-denial/

A former U.S. Department of Justice attorney who prosecuted and won the massive racketeering case against Big Tobacco thinks the agency should consider investigating Big Oil for similar claims: engaging in a cover-up to mislead the public about the risks of its product.

Sharon Eubanks, who now works for the firm Bordas & Bordas, told ThinkProgress that ExxonMobil and other members of the fossil fuel industry could be held liable for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) if it’s discovered that the companies worked together to suppress knowledge about the reality of human-caused climate change. She said that, considering recent revelations regarding ExxonMobil, the DOJ should consider launching an investigation into big fossil fuel companies.

“I think a RICO action is plausible and should be considered,” she said.

Eubanks’ comments come a few days after two House Democrats urged Attorney General Loretta Lynch to launch an investigation into ExxonMobil for hiding the results of its own climate change research. Recent investigations from Inside Climate News and the Los Angeles Times discovered that ExxonMobil conducted research in 1977 affirming that climate change was caused by carbon emissions from fossil fuels, yet continued to fund politicians and organizations that deny climate science and work to prevent regulations limiting carbon emissions.

Many have compared the situation to the actions of the tobacco industry. In 2006, a federal judge found that the big tobacco companies colluded to “deceive the public” about the health hazards of smoking, which amounted to a racketeering enterprise. The reason they did it, Eubanks said, was to avoid health regulations and save money.

“The cigarette companies actively denied the harm of cigarette smoking, and concealed the results of what their own research developed,” she said. “The motivation was money, and to avoid regulation.”

It appears to me … that there was a concerted effort by Exxon and others to confuse the public on climate change.

Based on the revelations about ExxonMobil, Eubanks said the Department of Justice should consider investigating whether similar collusion occurred among big fossil fuel companies and other high-carbon-emitting industries that would profit from climate denial.

“It appears to me, based on what we know so far, that there was a concerted effort by Exxon and others to confuse the public on climate change,” Eubanks said. “They were actively denying the impact of human-caused carbon emissions, even when their own research showed otherwise.”

In addition to giving millions of dollars to politicians and groups that deny climate science, ExxonMobil helped found the Global Climate Coalition, “an alliance of some of the world’s largest companies seeking to halt government efforts to curb fossil fuel emissions,” according to Inside Climate. Exxon’s company leaders also argued against the Kyoto Protocol, an international treaty to fight climate change which the U.S. refused to sign. Exxon reportedly advised then-President George W. Bush not to sign it.

Critics say ExxonMobil did this while knowing full well the risks of climate change, which is expected to include the displacement of millions of people and even the erasure of some low-lying island nations.

Because of this, calls for a DOJ investigation into ExxonMobil and other fossil fuel companies are getting louder. Last week, Democratic presidential candidate and former Maryland Governor Martin O’Malley tweeted his support for an investigation, drawing yet another parallel to the tobacco industry.

“We held tobacco companies responsible for lying about cancer,” O’Malley said. “Let’s do the same for oil companies and climate change.”

However, Eubanks warned that if the charge is anything like the tobacco case, a DOJ investigation would need bi-partisan support — or a Democratic-controlled Congress and White House — to be successful. She recalled dealing with a Republican-controlled Congress during the prosecution of the tobacco industry, and then later, a Republican president who did not want to see the industry hurt.

“We filed the case under the Clinton administration, and we struggled with budget issues — many of the Republicans pushed hard to push us down,” Eubanks said.

After Bush was elected, the environment at the DOJ worsened. “They were trying to choke the case off,” she said. “It was a long time ago, but i still get queasy feeling when I think about working seven-day weeks all the time, and a nine-month trial, to see these people trying to kill the case.”

She did eventually win the case, but at a cost, Eubanks said. Instead of the $130 billion her team had sought, Bush administration loyalists pushed her team to seek only $10 billion, she said.

“This is more important than just running a case.”

Still, Eubanks stressed than a similar investigation into ExxonMobil could be worthwhile under any political circumstances — even if it’s to find out that there’s not enough evidence to bring a lawsuit at all.

“I can’t tell you that it clears every hurdle,” she said. “I’m not an environmental lawyer. But I know it’s important…This is more important than just running a case. That much I’m sure of.”

Big oil, big tobacco, big lies

http://www.irishexaminer.com/viewpoints/analysis/big-oil-big-tobacco-big-lies-358320.html

Kelle Louaillier and Bill McKibben

Just as big tobacco deliberately misled the public on the cancer-causing effects of smoking, big oil attacked scientists who warned of the impending climate disaster and their attempts now to help ‘solve’ the problem should be shunned by governments, write Kelle Louaillier and Bill McKibben

OVER the last few years, a growing number of people have been taking a hard look at what is happening to our planet — historic rising sea levels, massive floods — and acknowledging, finally, that human activity is propelling rapid climate change. But guess what? Exxon (now ExxonMobil) had an inkling of this as early as 1978.

By the early 1980s, Exxon scientists had much more than an inkling. They not only understood the science behind climate change, but also recognized the company’s own outsize role in driving the phenomenon.

Recognizing the potential effects as “catastrophic” for a significant portion of the population, they urged Exxon’s top executives to act. Instead, the executives buried the truth.

There may be a silver lining to this infuriating story: The recent investigation that exposed Exxon’s deceit could end up catalysing the action needed to address the looming climate crisis. After all, similar revelations about the tobacco industry — what the major cigarette companies knew and when they knew it — transformed the public-health landscape.

In 1996, a series of lawsuits forced tobacco companies to release millions of internal documents, which confirmed what public-health advocates and policymakers had long suspected: As early as the 1950s, the industry knew that nicotine was addictive and that cigarettes caused cancer.

But, to protect its own interests, big tobacco deliberately misled the public, doing everything possible to cast doubt on scientific findings that it knew to be accurate. Such tactics enabled the industry to delay, for more than 50 years, regulation that could have saved millions of lives annually.

After the revelations, however, it was clear that the tobacco industry was a malevolent force that did not belong in the policymaking process. With big tobacco out of the picture, and armed with evidence of the real effects of tobacco consumption, health advocates were finally able to compel their governments to act.

In 2003, world leaders agreed to the Framework Convention on Tobacco Control (FCTC), negotiated under the auspices of the World Health Organisation. Today, the treaty covers 90% of the world’s population and has contributed to a significant decline in sales for global tobacco corporations. Over time, it will save hundreds of millions of lives (and save governments’ health budgets huge sums).

Big oil, it is now clear, has been following big tobacco’s playbook. In 1997, almost two decades after it began studying climate change, it quashed its research, claiming that climate science was “far from clear” and thus it did not “support mandated cuts in energy use.”

Beyond suppressing its own findings, ExxonMobil (and its peers) funded and promoted junk science and attacked scientists who warned of the impending climate disaster. The fossil-fuel companies’ approach was so effective that the media are only now beginning to recognise the leading role the industry played in creating — almost out of whole cloth —the so-called climate debate.

But perhaps big oil’s biggest success was diminishing the political will to implement appropriate regulation. Even after the international community adopted the UN Framework Convention on Climate Change (UNFCCC) in 1992, the fossil-fuel industry managed to block meaningful progress — to the point that, if serious action is not taken soon, the entire process could unravel.

In Europe, Royal Dutch Shell’s lobbying so diluted the EU’s efforts that there are now no binding targets for renewables or energy efficiency for individual countries. The company even sent a letter to the European Commission’s president claiming that “gas is good for Europe.” Shell and other oil companies are now promising to work as “advisers” to national governments on how to deal with climate change.

Just as the tobacco files drove the tobacco industry out of policymaking processes, the Exxon investigation should compel world leaders to eliminate the fossil-fuel industry from efforts to solve the climate crisis. After all, no policy can succeed if those who shape it are betting on its failure.

The turning point for tobacco-related public-health policy came when the industry’s depravity became indisputable. Now, that moment has come for the climate movement.

We cannot simply hope that the fossil-fuel industry will change its ways. As an alliance of human-rights groups, environmental activists, and corporate-accountability advocates already is demanding, we must kick the industry out of the policymaking process altogether.

Exxon’s scientists were right: The effects of climate change on many communities are catastrophic. With so many lives at stake — and such clear evidence of the threat big oil, like big tobacco before it, should be treated for what it is: big trouble.

Kelle Louaillier is president of Corporate Accountability International. Bill McKibben, a scholar in environmental sciences at Middlebury College and member of the American Academy of Arts and Sciences, is co-founder of 350.org.

What Exxon knew about the Earth’s melting Arctic

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A New Kind of Frackademia? New Environmental Inspectors Offered Free Industry-Funded Classes on Fracking

At an industry conference in Philadelphia last month, oil and gas executives gathered to hear about a little-known public relations effort with a very precise target: newly hired state and federal environmental inspectors.

At a seminar titled “Staying Ahead of Federal and State Regulations: A Partnership with Academia and Government,” officials from Pennsylvania State University and the University of Texas described how gifts from companies like ExxonMobil allowed their universities, along with the Colorado School of Mines, to offer state regulators free classes on oil industry best practices, travel and accommodations included.

“We’re targeting inspectors – oil and gas inspectors – who have three years or less of experience, although we do have lots of inspectors with different experiences on the course,” Dr. Hilary Olson, director of Education, Training and Outreach at the College of Petroleum and Geosystems Engineering at the University of Texas told attendees at Shale Insight 2015.

The program showcases the industry’s technical prowess as it conveys detailed information about the science involved in oil and gas drilling and fracking. “We don’t teach them about regulations specific to their state or talk to them about policy; what we’re interested in teaching them is the engineering, the science, the technology and how to communicate about that technology,” Dr. Olson explained.

The five-day TopCorp course includes both time in the classroom and visits to working oil and gas sites, taught by professors from many disciplines. Sample lesson footage reveals an online course featuring slick CGI graphics as professors lecture on topic ranging from basic principles of geology to complex technological advances that the industry has made in recent years.

All three universities involved have made national headlines in the past for their “frackademia” scandals.

In 2009, a Pennsylvania State University study, which claimed Pennsylvania alone could create 175,000 jobs by promoting fracking in the state, made headlines because the study’s lead author, Timothy Considine, had concealed the fact that the research was funded by the shale industry.

In 2009, questions of academic freedom were raised at the Colorado School of Mines when Prof. Geoffrey Thyne said his job was threatened after he made comments that the fracking industry found objectionable (the school’s president serves as a director of a number of shale-industry companies).

And in 2012, the University of Texas found itself in hot water after the lead investigator in a study disclaiming a connection between fracking and groundwater contamination was forced to resign and had the paper retracted by the university because he failed to disclose that he sat on the board of directors of a company engaged in fracking.

In this case, the universities involved are upfront about the fact that TopCorp is company-funded. “So these different organizations gave us gifts to develop this program,” Dr. Olson explained. “When a university receives a gift, it means there are no specific deliverables, so we maintain our autonomy and our independence on what material goes into the curriculum and how we deliver that.”

But scientific research funded by companies tends to slant favorably towards the funder, experts say.

“[E]ven though the vast majority of scientists would never consciously allow the potential for personal financial gain or loss to influence the outcome of their research, that potential should be disclosed to the reader so that the readers can decide for themselves whether to discount the reported results,” University of Texas law professor Thomas O. McGarity told The New York Times in the wake of the frackademia scandal at that university. “In that regard, dozens of studies have shown strong correlations between sponsored research and favorable outcomes for the sponsors.”

The TopCorp curriculum seems to anticipate that there could be an appearance of unseemliness. “Discuss ways to react to accusations of alleged regulatory coziness” is one learning objective in a sample class module posted on TopCorp’s website.

Generally speaking, scandals surrounding “frackademia” have centered on cases where new research is financially connected to the fracking industry, but those ties are concealed. Last week, a Boulder Weekly investigation, built from documents and emails obtained by Greenpeace, revealed that a University of Colorado Boulder paper was not just funded by the American Petroleum Institute, but also that API was allowed to edit the report and to write up quotes attributed to a researcher at the school.

The TopCorp program represents an entirely different tack. Instead of funding research showing fracking to be benign, the TopCorp program communicates directly with the field personnel responsible for policing the industry, helping to shape their understanding of complex – and controversial – topics like whether and how drilling and fracking can cause groundwater contamination. And while the shale industry has for years taken an aggressive approach to beating back regulators, this new program adopts a more collegial tone.

Of course, state regulators who are aware of the program’s funding can be expected to take the industry’s “educational” programs with a grain of salt. But TopCorp reps told Shale Insight attendees that many regulators who start out with doubts can be won over.

“It was almost a conversion experience,” said Pennsylvania State University’s Jim Ladlee, describing how one skeptical government official changed her views on the course after attending. “And that’s what happens with many of our regulators. They come into the class, they’re slightly skeptical of what might be going on in the class. But after we start, we involve somewhere between 15 and 20 different faculty for each of the sessions that we do. We involve a lot of faculty. And as we do that, we start to see that people begin to trust what it is.”

At the Shale Insight conference, the ability of academics to gain trust was emphasized repeatedly.

“You know, when you look at a lot of surveys of whom the public trusts to give them information, many times, academia is at the top of that list,” Dr. Olson told the gathered oil executives.

A long list of oil and gas companies, including Anadarko, Shell Appalachia, and Halliburton, have provided resources to TopCorp and even made areas of drilling sites that are usually off-limits to visitors accessible for the program’s photographers and videographers.

“Exxon Mobil and GE were the founding sponsors of our program and they helped us really spectacularly in the development phase,” Dr. Olson explained.

While oil and gas companies have contributed millions of dollars to TopCorp, which Olson described as a “Cadillac version” experience, a contribution from the Environmental Defense Fund of $125,000, announced July 16th, allows program administrators to describe TopCorp as a collaboration between environmental groups, industry and academia.

“Oil and gas inspectors need to be prepared to meet the challenges presented by the complexity and scale of industry operations,” Scott Anderson, senior policy director for EDF, said in a TopCorp press release when that funding was announced. “Effective training will equip inspectors to enforce the regulations that protect our environment. That’s why programs like TOPCORP are so important.”

The program disclaims the idea that the oil and gas industry decides what goes into the course or how it is taught.

“What role do funding corporations or other entities have in setting the detailed curriculum content?,” a Frequently Asked Questions section on TopCorp’s website says. “None, the detailed curriculum is at the sole discretion of the three universities (principal investigators and instructors).”

As the shale rush swept across the U.S. into areas with little recent history of oil booms, often-underfunded and under-staffed state regulators have repeatedly been forced to scramble to learn to police a highly complex industry with vast resources.

So far, TopCorp been very successful at attracting newly hired regulators from across the country.

“We’ve had people from different state agencies, we’ve had young people who have 18 months of experience, maybe 6 months of experience. We’ve had people go through who have several decades of experience with us,” Dr. Olson explained. “We’ve had people go through from state agencies as well as from federal agencies like the Environmental Protection Agency or the Bureau of Land Management.”

“We also invite our sponsors to come to our training so that they can see what we are doing,” she added.

The reception from many new inspectors has been enthusiastic, according to teasers for the classes posted on TopCorp’s website.

“I feel like I’ve got a little bit more of an educated opinion, and I know my colleagues will benefit from what we’ve learned here,” one attendee says in a promotional video for the program.

At the Shale Insight luncheon, TopCorp officials touted their ability to promote a friendly connection between the industry and those charged with policing it.

“The other thing I’d like to say is – they’re all smiling,” Mr. Ladlee said as he showed pictures of attendees at a recent TopCorp training. “So, great to see regulators smiling for a change.”

http://www.desmogblog.com/2015/10/05/new-kind-fracademia-environmental-inspectors-offered-free-industry-funded-classes-fracking-and-drilling