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

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 momentCalifornia 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

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

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.

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

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

Platkin v Exxon Mobil Corp.

At his October 18 video news conference announcement of his same-day filing of Platkin v. ExxonMobil, New Jersey Attorney General Matthew Platkin implied the science of catastrophic climate events caused by the burning of fossil fuels was settled, and that his seemingly stand-alone bold lawsuit action to hold the fossil fuel industry accountable for knowing their harm and disinforming the public for decades was timely and meaningful for New Jersey residents. And he thanked a lot of attorneys for their help in bringing this case, including one particular law firm, “our outside council Sher Edling.”

To set up the political suicide of this situation – how it is not timely at all, and how he really could have thanked just the one law firm there – I paraphrase a scene out of a famous movie:

I have to say that’s the most amazing story I’ve ever heard. What amazes me most is that he was taken in by it. It’s obvious this fellow Platkin was impressed by the Sher Edling law firm. He hears their tales of woe about climate and tries to cheer NJ residents up with this announcement. He’s young, not terribly bright. It’s not surprising he wouldn’t know what a state he puts his supporters in.

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Brief Of Amici Curiae, Brulle .. Oreskes .. & Supran” Redux 3 — the Hawaii version

As much as “Merchants of Doubt”documentary movie star/book author Naomi Oreskes wishes to be a “Friend of Various Courts” and a friend to plaintiffs Honolulu and Maui County in particular, her fourth filing of one of these only points a giant arrow once again at the way enviro-activists across the board really only have one viable weapon in their arsenal when it comes to supporting their notion that fossil fuel companies engaged in disinformation campaigns. Continue reading

State Of Vermont v. ExxonMobil Corp. et al.

The U.S. House Oversight Committee wasn’t the only major governmental entity to bring up ye oldevictory will be achieved” leaked memo set within the last few weeks as a “smoking gun” piece of evidence to indict the fossil fuel industry of conspiring with skeptic climate scientists to spread disinformation undercutting the certainty of catastrophic man-caused global warming. Just two days before that Committee sent out its September 16th intimidation letters to energy company officials, which prominently quoted the “victory” memos, Vermont’s Attorney General Thomas Donovan Jr filed his Vermont v. ExxonMobil lawsuit on September 14th, which featured that memo set’s notorious phrase on page 28.

AG Donovan’s same day press release succinctly summarized his lawsuit:

The lawsuit alleges past and ongoing violations of Vermont’s Consumer Protection Act for concealing crucial information and disseminating misleading statements and advertising about fossil fuels and climate change …

Vermont consumers were given false and misleading information about the dramatic effects of these products on the climate. Vermonters have a right to accurate information in order to make informed decisions about the products they purchase.”

The gift AG Donovan hands on a silver platter to the energy companies is how those last two bits could be turned 180° away from the fossil fuel industry and aimed instead at the enviro-activist global warming industry, emphasizing how AG Donovan apparently didn’t undertake elemental due diligence on whether his cornerstone evidence had any validity, and emphasizing how the mainstream media’s abject failure to ask tough questions about the origins of that ‘evidence’ and the core clique of people surrounding it has ultimately led to AG Donovan possibly relying on that core clique for the “smoking gun evidence” in his lawsuit. Continue reading

Brief Of Amici Curiae, Brulle .. Oreskes .. & Supran” Redux 2 — the Minnesota version

Just askin’ — if it can be argued that …

  • the overall issue of catastrophic man-caused global warming is a case study of how far-left enviro-activists would rather resort to character assassination (which the mainstream media never questions) of their critics rather than support their declarations about the ‘settled science’ with superior science-based evidence, …
  • and if the outright majority of the 25+ “Exxon Knew”-style / boilerplate-repeated lawsuits are a case study of how the character assassination efforts are enslaved to only two sets of never-implemented ‘leaked memos’ evidence to support the accusation that crooked industry executives and crooked skeptic climate scientist ‘shills’ colluded to deceive the public that the ‘settled science’ wasn’t settled, …
  • then is a Friend of the Court brief intended to support one of those lawsuits, apparently ineptly copied from two nearly identical prior briefs which repeated that worthless ‘memo sets’ evidence, a case study on how hand all of those potentially fatal problems to the energy company defendant lawyers on a silver platter? Continue reading