Summary for Policy Makers (SPM): the Sher Edling law firm

On Oct 7, 2024, news reports (e.g. Thomas Catenacci’s “Anti-Energy Lawfare“) described the same-day release of Senator Ted Cruz’s / Rep James Comer’s investigation analysis Sher Edling, the San Francisco law firm that is – by my current count – ‘boilerplate-copying’ 18 “ExxonKnew”-style lawsuits from one place to the next, and ‘assisting’ in 4 others.

Elections matter. At the time of the Oct 7 news reports, pre-general election, the U.S. Senate was in the minority. With the Senate now firmly set in the majority and with Senator Cruz having subpoena power, that changes the situation. While his and the joint investigation with Rep Comer focuses principally on the dark money funding of Sher Edling, that focus could broaden to cover what I consider a far bigger set of fatal faults surrounding that law firm. So, first is my brief number lineup, followed by more details below for each, which include screencapture image links and blog post links supporting the particular items at greater depth: 1) provably false accusations of industry-corruption behavior. 2) Hidden original citation source. 3) Subsequent text omissions. 4) deceptively cropped images. 5) The Naomi Oreskes Problem. 6) The Dr Willie Soon false accusation. 7) Matt Edling and Victor Sher. 8) (stay tuned, I’ll likely add more to this post at a later date) Continue reading

Summary for Policymakers: Naomi Oreskes

If you say another person is a liar and can’t keep their personal stories straight, no matter what the topic is, you can’t hurl this as a drive-by shot, you must extensively prove it, because your own reputation now depends on it. People might regret demanding proof if it then sends them into extensive reading, but that’s the price they pay to become fully informed. If they dismiss the mountain of evidence as “too deep into the weeds,” individuals like “Merchants of Doubt” documentary movie star/book author Naomi Oreskes pray for this kind of dismissal — ceding the moral high ground to her.

So, first, a brief number lineup, followed by more details for each, with screencapture image links to back up my specific points, and blog post links which back up what I point out in deep detail:

1. Oreskes’ science consensus  2. Ties to Al Gore  3. False accusation about the “reposition global warming memos”  4. Fatal problems with her “Merchants of Doubt” documentary  5. Her two mutually exclusive ‘discovery’ of who the doubt merchants were  6. Oreskes – the communist .. or something  7. Why would lawyers hire her?  8. Her clumsy amici curiae efforts & global warming/cooling inconsistency  9. The Fred Singer email chain problem  10. The 3 little words she omitted from LBJ’s 1965 speech  11.  RICO-Teering, Oreskes-Style Continue reading

“Merchant of Disinformation” – the movie. Part 4

I can’t emphasize this enough: Naomi Oreskes is presented at congressional hearings and elsewhere as an expert on so-called ‘fossil fuel industry disinformation campaigns’ – her own biography introductions at the hearings imply as much. Investigators / objective reporters / law firms representing the defendants in the “ExxonKnew” lawsuits / congressional staffers can either accept what she says or what is said about her work without question, essentially enabling her to continually to get away with what she’s been doing since 2003, or they can deeply cross examine her work for the first time ever, to find out if there’s any actual merit to the assertions she’s made over the last two decades, such as those contained within in her 2015 “Merchants of Doubt” documentary movie. As I’ve shown in Parts 1, 2 and 3, her movie – supposedly exposing fossil fuel industry deception downplaying the harm of global warming – has every appearance itself of deceptively impugning the integrity of those criticizing the idea of catastrophic man-caused global warming. She and her associates fare no better in Part 4 here, the the overarching problem of the movie being her and her associates’ psychological projection hole they’ve dug for themselves that begins to resemble one the virtual size of an open pit mine.

It’s quite a slog to go through this movie. I’m doing it so objective reporters / energy company defendant law firms / potential prosecutors don’t have to. Continue reading

“Merchant of Disinformation” – the movie. Part 3

Not only is Naomi Oreskes the author of the 2010 “Merchants of Doubt” book / star of the 2015 same-name documentary movie, she is also now apparently trying to make some kind of inroads into influencing SCOTUS clerks, if this August 15, 2024 “Interview: Science historian Naomi Oreskes schools the Supreme Court on climate change” article from the Bulletin of the Atomic Scientists is to be believed. There’s no indication in the article that she’s ‘schooled’ anybody there yet, but she evidently has ‘schooled’ global warming lawfare lawyers – she’s on retainer with the law firm directly handling / assisting with 22 (at the time of this blog publication) of the current U.S. “ExxonKnew”-style lawsuits. She has apparently also had some kind of influence with no less than Pope Francis.

She’s been skating on thin ice ever since her foray into the issue, but via sheer blind luck of never facing anyone questioning a word she says, she hasn’t yet fallen right through. When major high-level discussions occur regarding how, where, and why the “ExxonKnew” lawsuits should proceed, her name as an ‘expert’ on the topic is certain to be mentioned in some form. This actually already happened once, where her “Merchants” movie was brought up within the 2015-era NY state Attorney General’s office. That’s why it’s crucial for any clerks for the ruling majority of the Supreme Court to be aware, along with any other people involved in the court system – law firms for the defendants in the “ExxonKnew” lawsuits especially – or people involved in the Republican side of the U.S. congress, of how massively vulnerable she is on her assertions about the climate issue and what she terms ‘industry-led disinformation campaigns.’

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Merchant of Disinformation – the movie. Part 2

Continuing from Part 1 on my line-by-climate-issue-line analysis of Naomi Oreskes’ “Merchants of Doubt” documentary movie. She’s on retainer with the Sher Edling law firm handling 17 of the current U.S. “ExxonKnew”-style lawsuits and ‘assisting’ in 5 others. In the 2023 European lawsuit, Greenpeace Italy et al. v. ENI S.p.A., et al. against the Italian energy company Ente Nazionale Idrocarburi, Greenpeace implies “Merchants of Doubt” book author Oreskes is an ‘expert’ on fossil fuel industry disinformation campaigns. The accusation seen in that lawsuit about fossil fuel companies running disinformation campaigns is not supported by any evidence in her book. But these assertions arising from her work or coming straight from her continue unabated because nobody challenges them.

To challenge her, you must know where her narratives fall apart. Continue reading

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

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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Merchant of Disinformation – the movie. Part 1

This 4-part series is for the congressional investigators / attorneys defending energy companies in “ExxonKnew” lawsuits / objective, unbiased reporters: — when a person appearing before you has been portrayed as an ‘expert’ while only facing softball questions designed to exalt that person’s ‘expertise,’ you need to have absolute hardball questions at the ready, like a pile driver, so that you can show the public what they’ve never been told: where this person’s credibility implodes.

I’ve slogged through Naomi Oreskes’ “Merchants of Doubt” movie …… so you don’t have to. Continue reading

Reposition Graduate Degrees as Theory rather than Fact — the Climate Homicide Litigation version

In David Arkush’s March 10, 2024 The New Republic article “The Case for Prosecuting Fossil Fuel Companies for Homicide,” he stated,

Fossil fuel companies have long understood—with shocking accuracy—that their fossil fuel products would cause, in their own words, “globally catastrophic” climate change. Instead of shifting their business model or at least alerting the public to this threat, the companies concealed what they knew and executed a multimillion-dollar disinformation campaign to spread doubt about climate science.

I’ve covered ‘scholarly homicide paper’ article author Arkush twice before, here and here, concerning his one-trick pony sources for his accusation. His paper should be yanked from publication due to being devoid of evidence proving fossil fuel company executives committed climate homicide by carrying out disinformation campaigns. No different – I suggested here – than how Masters / PhD degrees should be yanked when they are devoid of the same basic evidence for the same basic accusation. Arkush is back again, and this time he inadvertently handed one more major gift on a silver platter to congressional investigators and/or the law firms representing the defendants in the “ExxonKnew” lawsuits. Continue reading

City of Chicago v. BP PLC

Nice of the 2/20/24 Chicago Sun-TimesChicago 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