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The Courts Earth United States

Judge Rules Big Oil Can't Be Sued For Climate Change Costs (cbsnews.com) 418

An anonymous reader shares a report: A U.S. judge who held a hearing about climate change that received widespread attention ruled Monday that Congress and the president were best suited to address the contribution of fossil fuels to global warming. So he threw out lawsuits that sought to hold big oil companies liable for the Earth's changing environment. Noting that the world has also benefited significantly from oil and other fossil fuel, Judge William Alsup said questions about how to balance the "worldwide positives of the energy" against its role in global warming "demand the expertise of our environmental agencies, our diplomats, our Executive, and at least the Senate. The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case," he said. Alsup's ruling came in lawsuits brought by San Francisco and neighboring Oakland that accused Chevron (CVX), Exxon Mobil (XOM), ConocoPhillips (COP), BP (BP) and Royal Dutch Shell (RDS.A) of long knowing that fossil fuels posed serious risks to the environment, but still promoting them as environmentally responsible.
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Judge Rules Big Oil Can't Be Sued For Climate Change Costs

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  • Big shocker. (Score:3, Insightful)

    by penandpaper ( 2463226 ) on Tuesday June 26, 2018 @11:07AM (#56848064) Journal

    Glad the judge had enough sense to throw this case out.

    Want to get public action on climate change? Convince people and win elections. Using the courts to forward your agenda can and will backfire.

    I seem to remember a particular article [nationalreview.com] written about a party using the courts to forward their agenda is bad.

    • On the one hand, sure, if they're following the regulations then it isn't at least negligently their fault if they're poisoning us. On the other hand, if they are helping ensure that guys like Pruitt get in charge of the EPA and gut the regulations so they don't have to spend money to be poisoning us less, then that's a bit different.
      • On the other hand, if they are helping ensure that guys like Pruitt get in charge of the EPA and gut the regulations so they don't have to spend money to be poisoning us less, then that's a bit different.

        Should advocating for a particular policy or politician that helps you be illegal? Why does a oil company not have the same rights as say, Netflix with Net Neutrality? Or even you personally.

        IOW: Should rights be limited because a number of individuals pooled their resources toward a common goal?

        That is the argument you are promoting. I say, no, rights are not limited because you pool your resources with like minded people toward a specific goal.

        • I agree that they aren't legally culpable, but I think it is fair to point out that it isn't good stewardship to push to rescind environmental regulations. I drive a fossil fuel powered car, the manufacturer has done their best to make it as efficient and clean as they can and as far as I know didn't try to get current restrictions on those changed.
      • On the other hand, if they are helping ensure that guys like Pruitt get in charge of the EPA and gut the regulations so they don't have to spend money to be poisoning us less, then that's a bit different.

        Perhaps we could peacefully decide and manage such big, diffuse, divisive issues by, I dunno, electing representatives and stuff.

    • Re:Big shocker. (Score:5, Interesting)

      by Alwin Barni ( 5107629 ) on Tuesday June 26, 2018 @11:46AM (#56848334)
      The case is not reported adequately. The problem here is not that big oil companies have influenced climate (indeed, humanity benefited from the energy and plastics) - the problem is that they have known about their impact on climate for a while now and still kept spending resources to actively deny it and undermine research about it - similar to what happened with tobacco companies and health effects of smoking tobaccos. This fact, in my opinion, has enough merit for a trial.

      It is futile though.
      • This fact, in my opinion, has enough merit for a trial.

        How do you quantify the damages to you personally for this 'misinformation campaign'?

  • by jellomizer ( 103300 ) on Tuesday June 26, 2018 @11:16AM (#56848106)

    I think Big Oil needs to be punished for this misinformation campaign. Spreading the belief that Fossil Fuels are not causing global warming or global warming doesn't exist, also their effort to criticize alternative energy sources to prevent energy diversity is rather shady as well.

    That said, Fossil Fuels offer a rather safe high density and portable energy source. Where failure of such companies to meet the demand for oil would also be harmful and criminal.
    The Gasoline Automobile was considered an environmental friendly invention, at the time. Mostly due to the fact the pollution effect is less then the effect of having a lot of horses in a City, Needing food and cleaning, Attracting pests and plagues.

    Alternate sources are getting close (I feel they would be closer if Big Oil didn't try to keep them down) to being as good as Fossil Fuels, Exceeding it in some areas, but behind in others. But I doubt we can truly get off Fossil Fuels, but we can be able to replace a lot of it.

    Big Oil isn't the cause of climate change, it is the consumers who are.

    The difference between Tobacco and Oil is that Tobacco doesn't have many or any real advantages other then for entertainment. So its harmful side effects which were hidden lied about and distorted (like what big oil had done) were not offset by its advantages.

    • by mysidia ( 191772 )

      The difference between Tobacco and Oil is that Tobacco doesn't have many or any real advantages other then for entertainment. So its harmful side effects which were hidden lied about and distorted (like what big oil had done) were not offset by its advantages.

      Tobacco had product liability, because it actually causes damage to the health of the person who purchased and used it, which they deceptively concealed to keep people from buying it. Petrol use doesn't have any harmful side effects for the user

  • Well, yes. Political questions should be decided politically.
    • like what's causing the warming, and what the speed and essential content of response needs to be,
      should be decided by science,
      and then the results of that should be respected by political leadership.

      Oh what a wonderful world that would be....

      • by cascadingstylesheet ( 140919 ) on Tuesday June 26, 2018 @11:35AM (#56848266) Journal

        like what's causing the warming, and what the speed and essential content of response needs to be, should be decided by science, and then the results of that should be respected by political leadership.

        Oh what a wonderful world that would be....

        What to do about it, on a governmental level, is a political question.

        Expert witnesses can testify, submit evidence, etc., but they don't decide cases. That's never how it works.

  • by Cajun Hell ( 725246 ) on Tuesday June 26, 2018 @11:24AM (#56848158) Homepage Journal

    (No, I don't own any oil stock.)

    This is one of those things where the actual responsiblity is so spread out that it's just ridiculous to blame the vendor.

    How many hundreds of times have YOU personally made the decision to fill your vehicle with fuel? You damn well knew (you did not merely suspect, you the person doing it knew) that it was definitely and inevitably going to pollute the air, with zero chance that it wouldn't pollute. And it was going to happen as a direct consequence of you running your engine after yyou having decided to turn the key.

    But no, it's not all on you, because there are hundreds of millions of people, just like you, who were in exactly the same situation and made the same decision that you did. And just like you, those hundreds of millions of people knew for sure, without the slightly doubt or speculation, that their own vehicles were going to definitely going to cause air pollution, and that as a whole, all our vehicles working together were going to pollute in a large, significant way.

    And me too. You can blame me for my share. I have filled my tank and driven many times.

    Did we do this because we were tricked? Fuck no. We did it because we didn't have a better alternative. Whose fault is that? Reality's fault. It's a shame we don't have teleportation spells, but we don't, so we burn stuff for energy, knowing that it pollutes.

    Some people make an effort to stop doing that. That's great. Fuck yeah! You're awesome. And that's the way ahead: high-five the people who make the choice to stop polluting, instead of blaming the people who .. well, no, not the polluters, but whose who sold us the means to pollute, as if We The Burners deserved less blame than they do. If you're going to point your fucking finger, point it at everyone. Point it at the earth itself. Point it at the gods for not giving us teleportation spells.

    If you need to blame big oil for something, you might have a better case for pollution that is directly tied to drilling, like for spills, pipelines disrupting habitats, etc. That's totally fair game, because oil can be delivered without fuckups if people try hard enough and are willing to pay enough. (But that's not what this story is about. But I'm giving you an out here, if you need a bad guy and you refuse to accept that we are all the bad guys.)

    • It's a shame we don't have teleportation spells...

      Spoken like a true muggle.

    • You're leaving out an important point. The oil companies knew very well that their product was harmful, but continued to publicly deny it and spend lots of money to discredit anyone who claimed it was. That was a key argument in the lawsuit. Selling a product that causes both harms and benefits is legal, as long as you're honest about it. Selling a product that you know causes harm, but insisting that it doesn't and trying hard to discredit anyone who reveals the truth, even though you know they're righ

  • by istartedi ( 132515 ) on Tuesday June 26, 2018 @11:32AM (#56848242) Journal

    San Francisco and Oakland: Oh please, let us sue the oil companies. Oh please let us sue them from our glass towers funded by hi-tech industry, fueled by the very energy we decry, birthed by the military-industrial complex we revile. Oh please, mr. judge we implore you! We're good liberals. Pay no attention to the prime mover behind the curtain.

    Judge: No.

  • I'm giving up using oil, gasoline, plastic and electricity made from fossil fuels. Now if I can only find a hydrogen powered steam engine to run my generator.
    • I'm mostly there with solar power and electric cars. My lawn mower and snow blower are next. Eliminating plastic is beyond me, but I do try to minimize my use when it's practical.

      If your roof isn't shaded by trees, then solar electricity probably makes sense, especially if your state offers any sort of incentive program. A few states have anti-solar programs (Florida) or really cheap electricity (Idaho), but even without incentives, it's becoming cost effective in many areas.

      If you drive under 100 miles

      • I got a battery powered snow blower last year, and it is great! I got the Ego Power+ brand and couldn't be happier with it. Definitely going that way with the mower when my current mower needs replaced. (I haven't looked into it, but I am assuming that the greener thing to do is use the gas mower until it fails, or at least stops running well). Couldn't afford the electric car last time I needed one but it did occur to me when buying the one I have it would probably be the last ICE car I'd likely buy.
        • by crow ( 16139 )

          Most electric snow blowers are single stage. The reviews I see on Amazon tend to fall into two categories: If it's the first snow blower someone has bought, they give it five stars. If it's replacing a two-stage gas blower, it gets one star. My impression is that they just won't do the job when I have a three-foot packed wall at the end of my driveway from the snow plow.

      • Most areas do not make financial sense to put up solar panels, there are only 12 states where panels out perform the S&P500, half the states can't out perform US treasury bonds over 30 years. Solar is not ready for mass adoption until it can pull its weight for the majority of home owners.

  • By all means live an Amish 15th Century technology lifestyle!

    I think I will keep my lifestyle with vaccinations and Internal Combustion engines that can get me anywhere in the world in about 24 Hours. You know like Al Gore and all the other high living Global Climate "Experts."

  • We are *all* guilty.
    Singling out the folks that dig the stuff out of the ground, clean it up, and bring it to the rest of us is just scapegoating.

  • Not only oil companies are liable for Earth's changing environment but thermal power generating units are also responsible. Attention must be paid to nuclear power plants. It has 100,000 times the energy density of coal, so that even a small plant would be much more efficient than huge, noisy dams and wind farms, which spoil the landscape.Water, wind, and solar power cannot reliably provide energy on the scale required for a modern economy. One kilogram (2.2 pounds) of water behind a dam that is 100 metres
  • The cities attorney was quoted as saying:
    "Our litigation forced a public court proceeding on climate science, and now these companies can no longer deny it is real and valid."

    I actually wonder who he's referring to. BP a major investor in Wind power in the USA, who's CEO is pushing for a price to be put on carbon? Royal Dutch Shell a major investor in electric charging infrastructure? Chevron with their work on Solar power? Conoco Phillips who have published on their homepage: "We recognize that human acti

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