Category Archives: Global warming lawsuits

The Political Suicide of Pushing “Climate Homicide” … & muscling in on someone else’s “ExxonKnew” lawsuits territory?

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On June 26th just a little over a week ago, David “climate homicide” Arkush and co-authors at his Public Citizen group put out a press release titled “New Memo Details Legal Case for Prosecuting Big Oil for Extreme Heat Deaths,” containing a link to a 51 page proposal for prosecutors in the state of Arizona (Democrat ones, of course including the state’s Attorney General), noting:

Though this memo asks a particular question — how officials in Maricopa County could pursue reckless manslaughter or second degree murder prosecutions for deaths caused by the July 2023 heat wave — its analysis is relevant in most jurisdictions where prosecutors might seek justice for climate victims.

I already had a tag category at GelbspanFiles dating back over a year concerning Arkush’s ludicrous ultra-lawfare fixation. He’s now taken that fixation likely beyond its breaking point. It’s one thing to push the bizarre “charge fossil fuel companies with climate homicide” idea in ‘scholarly papers,’ but it’s quite another to propose the idea straight to state prosecutors. That’s what he’s presenting in the above press release. Forgive the rather morbid visual analogy here – the man virtually points a loaded revolver at his head and the heads of his co-authors and practically asks law firms defending energy companies in “ExxonKnew” lawsuits to pull the triggers for him.

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City of Chicago v. BP PLC

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Nice of the 2/20/24 Chicago Sun-Times “Chicago 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) Continue reading →

Municipality of San Juan v. Exxon Mobil Corp.

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Basically all of the other “ExxonKnew”-style lawsuits needed long dissections on my part — one needing a 2-part blog post to ultimately point out obvious faults with people who promote this law fare — to detail what fell apart within their accusations about what’s implied to be ‘liars-for-hire employed to carry out disinformation campaigns created by fossil fuel companies.’ When I say this ‘technically’ johnny-come-lately San Juan v Exxon lawsuit, filed on December 13, 2023, is easy for me to dissect, I’m not kidding. In fact, in the sheer simplicity of taking apart San Juan v Exxon only underscores the massive problem with the other lawsuit that needed two blog posts to reveal all its faults. So, the question needing to be answered about San Juan is: why it was filed at all? Continue reading →

Makah Indian Tribe v. Exxon / Shoalwater Indian Tribe v. Exxon

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No rest for the weary. Back on December 21st, I thought the little-publicized news of the fisherman’s trade association plaintiffs’ self-withdrawal of their PCFFA v Chevron global warming lawsuit was a Christmas gift to the skeptic side of the climate issue. Maybe the plaintiffs fully comprehended the futility of their lawsuit while also finding out how their choice of lawsuit handlers, the San Francisco Sher Edling law firm, was perhaps not qualified to handle the case. However, the situation is instead one step forward and two steps back when, it comes to being done with this climate lawfare litigation war. It turns out Sher Edling had filed a pair of brand-new lawsuits on Dec 20 for two Native American communities in Washington state, Makah Tribe v. Exxon and Shoalwater Tribe v. Exxon.

The news of this latest pair of filings was also oddly little-publicized in minor news outlets, compared to widespread news of the prior-most-recent one, the ‘watershed moment’ California v Exxon sensation ( ahem – keep an eye on the apparent grand unifying theme). But these two lawsuits might be also be considered a ‘Christmas gift’ that’ll keep on giving, not only to the defendants’ law firms, but also to objective journalists and potentially GOP House investigators. Continue reading →

People of the State of California v. Exxon Mobil Corporation

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Throw another one onto the “growing number” (growing number!) of “Exxon Knew”-style lawsuits which insinuate that ‘Big Oil’ knew the burning of fossil fuels harmed the environment but deceived the public by employing ‘shill’ climate scientists in ‘disinformation campaigns’ to say there was no harm. This latest Sept 15, 2023 filing appears to be no different than the 31 other “Exxon Knew” lawsuits I’ve dissected where it fits a pattern of repeating (plagiarizing?) material out of the others, from dubious ‘science certainty’ assertions to corruption accusations worded carelessly enough that they potentially stray into reckless disregard territory. I’ll get into how this latest one fits that pattern, but first, let me illustrate how the ‘news reports’ about it reinforce the problem that we no longer have an objective news reporting media, we have a propaganda media telling the public – working at the most basic of intellectually dishonest levels – about these lawsuits. Continue reading →

City of Boulder, Boulder County and San Miguel County v. Suncor Energy, ExxonMobil — the Sher Edling connection

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Whenever I tell reporters, politicians/staffers and others about the way the “Exxon Knew”-style global warming lawsuits’ accusations are enslaved to one or the other or both of ye olde notorious ‘leaked industry documents’ known as the “reposition global warming” memos and the “victory will be achieved” memos for the claim that ‘industry-led disinformation campaigns’ existed, I always use the factually correct detail to say “nearly all” of the 28 lawsuits I list suffer from that fatal enslavement. The implication is that those with that enslavement could be thrown out, since the directives and objectives of each memo set were never carried out by any fossil fuel industry entity. In my April 26, 2018 dissection of Boulder v Suncor I felt a little uncomfortable with it being more of a ‘stretch of association’ in my list of 28, I admit, because the filing doesn’t refer at all to either memo set. King County v. BP also didn’t refer to either memo set, but since its lead lawyer was the same one leading the (subsequently dismissed) 2008 Kivalina v. Exxon lawsuit with its unmistakable enslavement to both memo sets, I include King County in my “Exxon Knew” lawsuits list. A little tenuous, perhaps, but the attorney connection between the two cases begs for much deeper investigation.

Regarding Boulder v Suncor, my dissection showed how the filing shared too many passages in a suspect way with other lawsuits that were enslaved to those memo sets, and how there were connections of the handlers of the lawsuit, EarthRights International (ERI), to other notorious accusers who are enslaved to regurgitating the “reposition global warming” memos as evidence of industry disinformation campaigns.

Now, I’m much more comfortable with my placement of Boulder in my list of 28, as the title of this blog post implies. Watch this:

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County of Multnomah v. Exxon Mobil, et al.

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When the news of this Oregon County lawsuit, filed on June 22, 2023 happened, I was in the midst of a complicated, distracting, time-consuming switch of residences. In my rapid first screensearch into the filing for ye olde “reposition global warming” memos ‘evidence,’ which is the cornerstone ‘evidence’ hallmark (worthless as that memo set is) of these mindlessly repetitive “Exxon Knew”-style lawsuits, I initially thought a dissection of this latest lawsuit would be just a quick checklist comparison to my Puerto Rico v Exxon lawsuit dissection — they both contained identical wording and identical errors concerning the “reposition global warming” memos.

It would be a simply matter to then point out that this identical lawsuit blunder was committed by a law firm 3700 miles away from Puerto Rico, thus the plain overarching question implied by deep examination and comparison of all these lawsuits is elemental: who actually are the dummies writing this “Global Warming / #ExxonKnew Show”?

However, when I finally had time to sift deeper through this Oregon filing, it turns out the same question obviously applies, but the blunders within this one pointing to the Puerto Rico filing and other lawsuits in a key way are … well … not quite that simple. Continue reading →

Municipalities of Puerto Rico v. Exxon Mobil, et al. Part 2: RICO-teering

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(see Author’s July 2, 2024 addition at the bottom of this post)

Bad enough that this lawsuit filing from the Milberg Coleman Bryson Phillips Grossman LLC law firm has a no-win appearance of being either a mismanaged effort guided by the Sher Edling law firm without any disclosure of that partnership, or it appears to be a spectacularly inept and possibly unethical plagiarizing of the accusation content and other bits from the 16 boilerplate copy Sher Edling lawsuits. I detailed all of that in my Part 1 blog post (handily reproduced at WUWT, enabling me to reach a wider reading audience).

Exponentially worse for Milberg Coleman is the widespread news assertions that their lawsuit filing “is unique” because it is “the first climate case against fossil fuel companies alleging harms against cities as a class of plaintiffs, and the first climate case to include Racketeer Influenced and Corrupt Organizations Act (RICO) claims” as if this tactic is some kind of new idea. Many ‘news’ outlets belched out this RICO idea without questioning anything about it. It seems this mob is oblivious to the central hallmark of far-leftists, namely how they project what they do as accusations of what their political opposites do.

Why is all of this bad for Milberg Coleman? Because their RICO tactic doesn’t point to anything done by ‘Big Coal & Oil’ and skeptic climate scientists, it instead points an arrow the size of Texas at one of the core promulgators of the “crooked skeptic scientists” accusation. Continue reading →