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Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by avsteele on Sunday October 27, 2019 @09:32AM (#21369569)
This is some combination of grandstanding by the state prosecutors, abuse of the extremely vague statutes under which such suits can be brought, and a threat to the rule of law.

It strikes me as implausible that even if Exxon has published all of its internal climate research it would have made a substantive difference in people's likelihood to invest, or to consumers propensity to purchase Exxon gas. Because these are the only outcomes germane to the case aren't they?

You can tell by the comments here that people want Exxon punished, they don't care much about the means by which this occurs.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by amiga_500 on Sunday October 27, 2019 @09:43AM (#21369626)
They didn’t just withhold, they actively sowed disinformation

https://climateinvestigations.org/drilled-climate-change-den...

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by seventytwo on Sunday October 27, 2019 @11:41AM (#21370402)
Exactly. It’s fraud against every citizen and shareholder.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by fennecfoxen on Sunday October 27, 2019 @12:00PM (#21370540)
My understanding is that the fraud claim — if it matches the fraud claim in the New York case, at least – is this. Exxon had an internal figure used to represent one kind of climate change costs for one purpose. Investors never saw this. There was also an external figure shared with investors, to help investors assess risks to Exxon stock. The case for fraud is that these weren't different for a good reason, but because they sought to mislead investors.

The pricier of these figures is the external figure, so they're being charged for being too alarmist with the public. In either case I don't think it has much to do with the previously linked research claims in this thread.

(To this, there is added some consumer fraud by... not labelling gas pumps with warnings about global warnings, among other things, I think it was? This is the weaker claim, and I would not expect it to prevail.)

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by beerandt on Sunday October 27, 2019 @12:10PM (#21370597)
This happens all the time, and isn't considered fraud. San Fransisco is doing it- claiming one risk of climate change for the purposes of setting regulations and filing lawsuits, and using another for applying for insurance.

And I don't think being punished for using an overly conservative figure is likely, unless the court invents some duty owed to short-sellers. And it's not something we want to encourage.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by Gravityloss on Sunday October 27, 2019 @11:37AM (#21370361)
And the think tanks and lobbying organizations are funded to this day, continuing to fight against climate legislation.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by makomk on Sunday October 27, 2019 @03:25PM (#21371819)
The trouble is, the leaked internal documents point to Exxon actually genuinely believing the climate change doubt narrative they were pushing externally. So any argument to the contrary has to make clever use of tricks like selective out-of-context quotation, emotional appeals, and plausible-sounding but logically nonsensical arguments to trick the reader.

For example, this lawsuit. The overall tactic is to argue that Exxon knew fossil fuels could potentially cause catastropic climate change but decieved people by sowing uncertainty about whether they would cause climate catastrophe, which isn't even a contradiction, but let's put that issue to one side.

They then hit it out the park with a humdinger - in May 2019, CO2 concentrations hit 415 ppm, and 37 years ago Exxon's scientists predicted this in a graph. This astonishing accuracy shows Exxon's scientists knew exactly how much CO2 emissions and warming they were causing. Here's the leaked document this graph was taken from: https://insideclimatenews.org/sites/default/files/documents/... Some choice quotes from it that somehow didn't make it into the complaint: "There is currently no unambiguous scientific evidence that the earth is warming", "Overall, the current outlook suggests potentially serious climate problems are not likely to occur until the late 21st century or perhaps beyond at projected energy demand rates", and also apparently coastal flooding wouldn't happen for centuries even in the worst case scenario. There's quite a bit more too. The supposedly super-accurate secret internal report didn't contradict Exxon's external talking points, it matched up with them exactly.

(There's also weirdly gratuitous dishonesty. For instance, the Exxon document argues that if a rapid move away from fossil fuels was necessary to prevent climate catastrophe, nuclear power was the only feasible option and renewables such as solar were completely infeasable since it'd take at least 40-50 years to achieve significant power production using them. For some reason, the complaint claims that Exxon recognised measures such as energy conservation and shifting to renewable sources were the only viable options. I guess the prosecutor reckoned renewable power was more sympathetic and popular than nuclear...

The complaint also goes on to accuse Exxon of misleading the public by claiming that efficiency improvements in their products reduce greenhouse gas emissions because producing and using them still emits greenhouse gases. Do they want to actively discourage energy efficiency improvements?)

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by geofft on Sunday October 27, 2019 @11:35AM (#21370346)
It's implausible that if Exxon published its research, customers would have filled up at Chevron instead, yes.

It is totally plausible that the global oil / fossil fuel market would have not been as big as it is now, that efforts (from government or from private entities) to find less-polluting alternatives would have been more popular, etc.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by beerandt on Sunday October 27, 2019 @12:07PM (#21370578)
But that still doesn't establish an injury to shareholders.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by fennecfoxen on Sunday October 27, 2019 @12:21PM (#21370653)
Who needs to establish any injury to shareholders? That company is bad! Would you give evil the benefit of the law?

https://www.youtube.com/watch?v=PDBiLT3LASk

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by catalogia on Sunday October 27, 2019 @01:11PM (#21370965)
> Would you give evil the benefit of the law?

When you disrespect the law, you risk devaluing a powerful tool against evil (and one of the few tools against evil that's actually discriminating, one of the few tools to actually make a good faith attempt to distinguish guilt from innocence.)

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by fennecfoxen on Sunday October 27, 2019 @01:45PM (#21371210)
Robert Bolt's rendition of the sentiment was more dramatic
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by esarbe on Sunday October 27, 2019 @10:13AM (#21369790)
They knew about the dangers of climate change since the 1970s and pumped millions into climate change denial think tanks and did everything they could to prolong their dirty business a bit longer, while externalizing all the cost and hauling them upon the public they were actively misleading.

It'd be a different thing if they hadn't tried to hide the findings of their own scientists and hadn't spent that much resources to discredit people actually trying to get us to fix stuff.

They're guilty as hell. Morally, probably even legally.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by iridikkro on Sunday October 27, 2019 @10:32AM (#21369909)
It’s ludicrous to suggest that if the entirety of what the oil industry was doing to hide the truth had been revealed it wouldn’t have changed minds.

They were actively advertising as if this could on forever, with no problems! You don’t see how “oh wait we’ve been hiding scientific evidence that’s not true” wouldn’t be of material impact?

We’ve all become paid shills of industry. Explicitly defending the indefensible because implicitly we’re addicted to our emotional models of “how reality functions.”

But society doesn’t owe us that and literally tears down its own history all the time. It’s moving on and removing the profit motive of this industry for a good reason.

Get over it.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by Dumblydorr on Sunday October 27, 2019 @10:31AM (#21369905)
Should cigarette companies have been punished for knowing their products kill and then misleading the public?

Oil kills via air pollution. Oil companies hid this information.

Do corporations get to willingly and maliciously lie to people?

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by melling on Sunday October 27, 2019 @10:47AM (#21370021)
The misleading the public part is very damaging.

There are lots of climate change deniers who only need a little disinformation to prevent any action.

The President has said that climate change is a hoax. This Senator brought a snowball to work to explain that climate change is not a problem:

https://www.motherjones.com/environment/2018/02/3-years-ago-...

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by Angostura on Sunday October 27, 2019 @11:35AM (#21370349)
> Should cigarette companies have been punished for knowing their products kill and then misleading the public?

I think the answer to that seems like "yes", do you have a different opinion?

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by tjr225 on Sunday October 27, 2019 @11:38AM (#21370375)
I believe you and the parent comment agree based on the rest of the parents comment.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by nrb on Sunday October 27, 2019 @11:42AM (#21370408)
More broadly, should corporations be liable for their extremely costly externalities, and if so how do you quantify them?
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by ThomPete on Sunday October 27, 2019 @10:42AM (#21369979)
Cigarettes only kill people.

Oil saves more lives than it kills and it makes lives better for all of us. You can't just take the negatives and ignore all the positives.

Most of us wouldn't be here if it wasn't for oil, the internet would not be here if it wasn't for oil, most medicine, the ability to keep an incubator running let alone the materials for creating and I could go on we wouldn't be as many people on the planet today if it wasn't for our use of oil.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by basilgohar on Sunday October 27, 2019 @10:56AM (#21370090)
We're not talking about the benefits of the oil here. No one is disputing that fossil fuels have helped us advance as a society and brought about a lot of good.

What is at issue here is the willful negligence and active deception campaign by the incredible profitable oil companies to bolster their profits by deceiving and outright lying to the public to avoid those risks.

If this is not called out and punished, then it will be that much easier for the next great crime to happen, whether its face is tobacco, renewable energy, or fusion power.

Getting to the core of the matter as well in what you raised, we can have our cake and eat it too. We can have technological advances and better quality of life without throwing away our children's future and doing irreversible (on human time scales) damage to our planet. But not without zero cost. I would argue that cost would and should hit the pockets of the most profitable companies in the world first, whose profit is largely on deferred or unaccounted-for externalities that have long been swept under the rug.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by intended on Sunday October 27, 2019 @11:44AM (#21370426)
And wouldn’t this be a nice discussion to have had, 30 years ago, without firms like Exxon and Fox destroying our ability to discuss this freely and honestly?

And if we had realized 30 years ago that we were not happy with it, or that maybe we wanted to reduce our exposure wouldn’t we have had 30 years to change our infrastructure ?

Wouldn’t the amount of emphasis on the Middle East changed?

Mass transit would be a conversation 30 years more advanced.

The trick in my argument is that 30 years ago we Knew that oil was problematic.

And we saw good scientists avoid engaging with the paid shills and cranks arguing for oil and against global warming - because that would give them more credibility.

Then we saw how that made no difference.

Then scientists went on Fox hoping to have an honest discussion- and were slaughtered by dishonest arguments, fired by news anchors who were part of an ecosystem funded by Exxon and their ilk.

We all collectively owe Exxon and it’s friends an accounting for their actions, which they knowingly took in bad faith.

Because, it would have been nice to have this discussion 30 years ago.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by fnordfnordfnord on Sunday October 27, 2019 @11:10AM (#21370194)
Oil saves more lives than it kills

Maybe. That alone does not mean we should continue to use oil when alternatives exist.

>and it makes lives better for all of us.

No, it does not. There are many impoverished communities on the planet who reap relatively little or no benefit from oil use and suffer disproportionate burdens from its production and use, example: Africans.

> You can't just take the negatives and ignore all the positives.

You can't just ignore the negatives, or the evolution of the circumstances.

> the ability to keep an incubator running let alone the materials for creating

Oil is useful for creating and running an incubator, or any number of modern inventions, but is definitely not necessary for all of those things.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by ThomPete on Sunday October 27, 2019 @11:15AM (#21370228)
I am talking about incubators for children not the company.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by fnordfnordfnord on Sunday October 27, 2019 @11:23AM (#21370267)
Yeah, a few bits of plastic, and some energy to power it. I got that.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by ThomPete on Sunday October 27, 2019 @01:59PM (#21371315)
It's not a few bits of plastic.

It was the difference between whether my son who was born 10 weeks to early would both survive and be a normal kid or risk not survive and whether he would become normal.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by fnordfnordfnord on Sunday October 27, 2019 @04:43PM (#21372261)
>It's not a few bits of plastic.

That's what the oil contributed.

>It was the difference between whether my son who was born 10 weeks to early would both survive

Appreciated, but oil is simply not a necessary component for that to happen. It may be currently the most convenient but not necessary.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by ThomPete on Sunday October 27, 2019 @06:07PM (#21372745)
It's just not plastic.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by deegles on Sunday October 27, 2019 @10:49AM (#21370032)
That can be true together with the allegations in the lawsuit. If a person robs a bank and donates it to charity it’s still a crime. Maybe it’s true that if oil companies hadn’t mislead everyone the world would be different today, but that doesn’t mean crimes should be excused “for the greater good.”
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by ThomPete on Sunday October 27, 2019 @10:53AM (#21370070)
Sure I get the technical argument but in my view it makes things much more complex than simply arguing some technicality ill intent.

Then again I don't know all the details, I smell an attempt at scoring political points though more than anything.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by acollins1331 on Sunday October 27, 2019 @10:46AM (#21370014)
Sure, but lying about whether your product kills people is still a crime. They're not suing oil. They're suing Exxon for lying about it and funding lies.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by ThomPete on Sunday October 27, 2019 @10:50AM (#21370040)
Technically you might be able to make that claim, but I have a hard time understanding the point if it saves more people than it kills. Then at least morally I would question who is really in the right here.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by acollins1331 on Sunday October 27, 2019 @11:04AM (#21370152)
I'll give you a hint: it's not the company that lied about whether their product kills people and paid others billions to do it as well.

Exxon could've just been honest and oil would still have been sold and used and saved people, we could've just been using it more responsibly.

But they lied, for profit.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by jklinger410 on Sunday October 27, 2019 @10:57AM (#21370100)
Why are you hung up on a binary view of this? Do you think our current usage of oil is responsible?

Do you think a corporation encouraging extensive oil use at all cost is the same thing as "oil saves lives?"

It's not.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by ThomPete on Sunday October 27, 2019 @09:46PM (#21373670)
I think our current usage of oil is responsible yes and I think it's irresponsible to not use oil.

There are no realistic alternatives to 99% of our current use of oil which includes more or less any product used in a modern civilization so unless you can point me to some alternatives I think you are the one who has the immoral position.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by jakelazaroff on Sunday October 27, 2019 @10:51AM (#21370049)
> Oil saves more lives than it kills and it makes lives better for all of us. You can't just take the negatives and ignore all the positives.

Let's revisit this statement in the next century and see if it holds up.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by concordDance on Sunday October 27, 2019 @11:35AM (#21370344)
Wouldn't we have starvation of the majority of the world's population without oil? I was under the impression that our industrial scale farming needed lots of energy and fuel.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by blotter_paper on Sunday October 27, 2019 @01:50PM (#21371246)
Wouldn't that depend on whether you take a human-centric or bio-centric view of the world's population? The loss of genetic data over this last century might be something we don't recognise the full implications of yet.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by ThomPete on Sunday October 27, 2019 @01:57PM (#21371295)
Nature does that all the time though.

It would seem to me that the only thing for humans to do is to look at it from a human-centric view which would naturally involve some sort of bio-centric view.

I for one is not ready to have a bio-centric view if it means I can't provide my kids with all the things that fossil fuels have provided and keep providing for them.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by blotter_paper on Sunday October 27, 2019 @02:11PM (#21371399)
> I for one is not ready to have a bio-centric view if it means I can't provide my kids with all the things that fossil fuels have provided and keep providing for them.

Are you also unwilling to make those sacrifices for the sake of valuing the lives and experiences of humans in every other country as much as the lives and experiences of humans in your own country? I suspect most of us are, since we collectively buy phones made in horrible factory conditions which our own labor laws wouldn't tolerate. I agree that the "natural" thing to do is to value your own species above others, but I think that applies to subdivisions of humans as well, and it gets ugly. It's not a binary thing, human v.s. non-human, it's a set of behaviors on a continuum. We can recognise that we engage in such behavior while still using figures for pollution-related-deaths that include people who work in Foxconn factories, and I don't see why we shouldn't extend the same courtesy to whales. Whales are people too, maaaan.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by ThomPete on Sunday October 27, 2019 @02:40PM (#21371591)
Yes, which is why I want them to keep having access to cheap reliable energy so they can build their way out of poverty.

It's exactly not black and white which is my whole point. There are good sides and bad sides to everything we do.

The alternative for the people at Foxconn is far worse, just like the alternative to not using fossil fuels is far worse for all humans whether living in developed or developing countries.

Anyway, I have lost 30 karma points even having this discussion so this will be my last comment on this.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by blotter_paper on Sunday October 27, 2019 @03:19PM (#21371795)
> Anyway, I have lost 30 karma points even having this discussion so this will be my last comment on this.

FWIW, you seemed polite and coherent to me and I wouldn't have downvoted your post even if I could. I try not to let karma-seeking affect my more serious posts (though I do purposefully take downvotes as a signal of what sorts of humor are acceptable by community standards), and I think it's generally a loss when somebody gets downvoted into oblivion for politely sharing a perspective I disagree with.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by Swenrekcah on Sunday October 27, 2019 @10:51AM (#21370056)
You also can’t just take the positives and activly suppress all knowledge of the negatives, which is precisely what the oil companies did.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by rmah on Sunday October 27, 2019 @11:06AM (#21370162)
Um, to play devils advocate a bit... why can't you do that?
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by pault on Sunday October 27, 2019 @11:16AM (#21370236)
For the same reason you can't invent a new kind of pain killer and tell doctors and patients that it's less addictive than the existing alternatives, when you know for a fact that it is far more addictive.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by fnordfnordfnord on Sunday October 27, 2019 @11:25AM (#21370278)
The jury is still out on that one, no? As far as I know, the Sacklers et al remain free to walk the earth, and rich as ever.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by beerandt on Sunday October 27, 2019 @01:23PM (#21371058)
Except the (over-)reaction to that is on course to be a greater problem than the one it fixed. We've essentially outlawed painkillers overnight, leaving victims even worse off than before.

Unless your primary goal was to kill the industry, and never really had the victims' best interests in mind at all.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by blotter_paper on Sunday October 27, 2019 @01:57PM (#21371300)
> Unless your primary goal was to kill the industry, and never really had the victims' best interests in mind at all.

Taking a long view, one could argue that there will be less victims overall. This isn't to say that I'm in favor of making any drug illegal.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by Swenrekcah on Sunday October 27, 2019 @11:18AM (#21370241)
I was responding to a point in the other comment.

Now if you are asking why a company shouldn’t be able to lie and decieve the whole world about how their product will upset the entire global ecosystem then I don’t have the legalese answer for you (although this case should be helpful if you are interested).

The simple answer however is because it is wrong, unjust, irresponsible, causing harm, etc.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by fnordfnordfnord on Sunday October 27, 2019 @11:13AM (#21370215)
It's not polite.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by enraged_camel on Sunday October 27, 2019 @10:49AM (#21370030)
They not only withheld information about the negatives you mention, but they also sowed disinformation.

Furthermore, nobody here is arguing that oil is all bad. Obviously it has been immensely beneficial to society. And yet, how is it that those benefits are privatized by these companies, and the negatives (costs) are externalized?

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by ThomPete on Sunday October 27, 2019 @10:57AM (#21370101)
I was responding to the blanket claim in the parent that oil kills people. In my view it's not as simple as being claimed but I am sure technically there is a case here.

The positives are also externalized. The internet wouldn't happen without fossil fuels yet it's not the oil companies who make the money on that. Many of our inventions wouldn't be possible without the ability of fossil fuels to make life easier and free up time for us, things that the oil companies does not benefit directly from. So I take issue with this idea that externalities are only negative, they are to a much larger extent beneficial in ways we don't even think about.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by salawat on Sunday October 27, 2019 @11:50AM (#21370477)
I think the legal and to an extent the root of moral outrage at issue, Thom, is the inherent fraud of the deceptive claims facilitated by diverting profit to corporations/agencies intended to poison-the-well of public discourse, combined with active suppression of any type of release of in-house research that provided evidence that the fossil fuel industry could have been contributing to climate change.

It rubs some people (me at least) the wrong way when we try to say our policymaking is based on reasoned science, but not everyone is bringing all their chips to the table in good faith, and some are outright fabricating lies to keep the gravy train going, and keep the public guessing.

I've actually enjoyed your posts mind, and find quite a bit to agree with in them. However, I don't necessarily think you're making a successful counterargument in the sense no one is condemning the oil/petrochem industry for doing what it's doing; it seems to be aimed more at bad behavior in terms of burying inconvenient science, and funding disinformation campaigns.

That, at least, strikes me as worthy of its day in court, so at a minimum the public interest can be served by discovery. After all, they don't need to be found guilty for good to come of it.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by ThomPete on Sunday October 27, 2019 @01:53PM (#21371269)
I wasn't really trying to make a counterargument against the legal case, just that it's more complicated than that IMO.

For one thing, the idea that they knew it would cause climate change seems highly suspect to me.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by gremlinsinc on Sunday October 27, 2019 @02:45PM (#21371616)
So, if the entire planet is decimated by global warming in 200 years. Killing 9 billion plus, will you stick by those words, or do you simply deny global warming as a problem.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by badrabbit on Sunday October 27, 2019 @08:08PM (#21373340)
Yup, instead of passing relevant laws, punishing them seems to be what people want. Laws are boring I guess. They can make any level of punishment work, they can cut back in the US and expand elsewhere to make up for the loss. Meanwhile ,CNOOC and Gazprom are doing great.

Big bad corp makes for a nice villain but in a democratic country lack of good laws (bad voters!) is the problem. Should there have been a law compelling companies to listen to their scientists? Should there be criminal punishment of execs who spread any level if false information? What about media execs? Is the lobbying problem the root cause? It all seems to me lack of good voting or the US system of democracy being inadequate. I mean,it's not like oil companies use oil strictly for fossil fuels and it's not like civilization at the moment does not depend on fossip fuels. Less pitch forks and better laws is all I'm saying.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by jklinger410 on Sunday October 27, 2019 @10:54AM (#21370079)
>It strikes me as implausible that even if Exxon has published all of its internal climate research it would have made a substantive difference in people's likelihood to invest

You only say this because the marketing campaign against global warming, designed by this company because of the outcomes of said research, has been so effective.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by fennecfoxen on Sunday October 27, 2019 @11:53AM (#21370499)
> You can tell by the comments here that people want Exxon punished, they don't care much about the means by which this occurs.

Welcome to our latest age of populism. As usual in these cases, there are no rules, there is no law, there are no inalienable rights. There is only your chosen tribe, versus the other guys: enemies at worst, targets of opportunity at best. (If you criticize overreach and abuse on your side, breaking solidarity with the tribe, you get to be a particularly hated enemy.)

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by blotter_paper on Sunday October 27, 2019 @12:41PM (#21370782)
> As usual in these cases, there are no rules, there is no law, there are no inalienable rights.

When the government routinely steals from citizens ("civil forfeiture"), calls invading other countries "military police action" so that Congress doesn't have to approve wars, gives specifically black citizens syphillis without their knowledge or consent just to see what happens when you don't treat syphillis, gives citizens LSD without their knowledge or consent (Operation Midnight Climax), claims LSD has no medical applications, tries to blackmail MLK into suicide, routinely has huge globs of cash disappearing, does obvious false flag operations (2nd Gulf of Tonkin incident, if you can't believe the ones the government hasn't confirmed yet), ignores their own constitution (Snowden et al.), etc., is it any wonder that people don't care about your laws anymore? All of the above criminality was committed by the US government within the last century, some of it within the last decade. These laws were made up to begin with, and they're typically used/broken in ways that hurt the small rather than the large. I don't know if Exxon broke any of your precious laws by systematically covering up climate change since at least the early '80s, but I'd enjoy seeing this lawless monstrosity of a government chew them up for it anyway -- just as entertainment. If you want people to respect laws when dealing with big players, maybe you should try building a system that respects laws when dealing with small players. ¯\_(ツ)_/¯

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by pipermerriam on Sunday October 27, 2019 @12:56PM (#21370883)
I agree with this sentiment. I've struggled to see a path towards real change that doesn't involve us all getting out our pitchforks.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by blotter_paper on Sunday October 27, 2019 @01:11PM (#21370966)
Proposal: ignore their broken system and try to do something else entirely at the edge of the frontier, where such things are (sometimes) allowed.

“In order to change an existing paradigm you do not struggle to try and change the problematic model. You create a new model and make the old one obsolete.” --Buckminster Fuller

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by beerandt on Sunday October 27, 2019 @02:41PM (#21371599)
If we're still allowed to have pitchforks by then.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by blotter_paper on Sunday October 27, 2019 @03:00PM (#21371692)
Cue school pitchforking.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by cmendel on Sunday October 27, 2019 @02:07PM (#21371373)
Honestly? Maybe we need to call a constitutional convention.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by joe_the_user on Sunday October 27, 2019 @11:25AM (#21370279)
This is desperation time. Given that CO2 pollution results promise from moderate to extreme environmental disaster world wide, some portion of people are quite worried and, people being people, another portion of people are doing everything they can to keep business as usual going.

A US state suing an oil company might not be the best venue to force action but courts have been used repeated to force societal change and so it's not impossible Ma could get a result

Exxon being punished isn't an important end-goal but actually forcing the oil industry to acknowledge CO2 pollution might be useful in forcing regulation stopping it (and yes, believe that the state directly forcing a decrease in CO2 is the only way that we can put a dent in greenhouse gas production. Carbon credit and even a CO2 tax are insufficient).

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by jforman on Sunday October 27, 2019 @11:03AM (#21370140)
It's a bit of a stretch to say that a lawsuit is a threat to the rule of law.....
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by _Nat_ on Sunday October 27, 2019 @09:51AM (#21369671)
> This is [...] a threat to the rule of law.

Could you elaborate on this point?

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by noirbot on Sunday October 27, 2019 @10:50AM (#21370038)
Not the OP, but my guess would be that they're worried about the precedent set by fairly explicitly using a law meant to outlaw X to punish someone for doing Y just because the government dislikes that someone is doing Y. If the government wanted to outlaw promoting self-serving doubt/misinformation, they could do that, but that's not really what "fraud" is for.

Part of the rule of law is that the government doesn't just get to make up laws because it wants to punish you. It's why there's generally a prohibition for punishing people for things they did before it became illegal to do them.

A lot of this is symptomatic of both sides of the political spectrum feeling impotent to pass laws that actually do what they want, so they're doing what they can do bend existing law to do what they don't have the votes to do in new law. The whole situation is bad on a number of levels.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by _Nat_ on Sunday October 27, 2019 @11:30AM (#21370306)
I think I'd understand the concern if a regulatory body within Massachusetts were directly penalizing Exxon without judicial oversight. But since they're taking Exxon to court for the legal system to determine if the case is valid, isn't this just what the rule-of-law looks like?
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by noirbot on Sunday October 27, 2019 @01:03PM (#21370931)
For sure, that would be a worse case. That said, defending a case against the government, even for a company as large as Exxon, isn't without cost. They're certainly an unsympathetic victim here, but in general, you want the government not to be bending the law to bring a case against an unpopular defendant.

It's one thing for private citizens/companies to file vague or spurious lawsuits against each other, only to have the courts throw it out. It's another for the government, who hypothetically represents the Law, to be bending/testing the limits of it.

It also presupposes that the court system is fair, and not inclined to side with the government. Obviously in this case, there's a claim to be made that it might be biased towards a massive corporation too, but in general prosecutors tend to get what they want in cases. I'd be shocked if this gets thrown out/refuted by the court without going to trial.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by beerandt on Sunday October 27, 2019 @02:43PM (#21371608)
Exactly. We've gotten to the point where even due- process is punishment.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by jddj on Sunday October 27, 2019 @09:56AM (#21369699)
Everything is securities fraud
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by jnordwick on Sunday October 27, 2019 @02:32PM (#21371544)
He is a national treasure.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by lugg on Sunday October 27, 2019 @10:21AM (#21369841)
What is vague about misleading consumers, misrepresentation of product, fraud, carrying out greenwashing campaigns and generally lying to the public to maintain a marketable position?

Capitalism is about leveling the playing field. Not enabling crony assholes to play by their own set of rules.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by SpicyLemonZest on Sunday October 27, 2019 @10:26AM (#21369880)
"Lying to the public to maintain a marketable position" is incredibly vague. If I tell people my software is great and easy to use, but it's actually hard to use, can Massachusetts sue me for that? Can I sue Samsung for saying they sell the best phones if I think iPhones are actually the best phones?
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by brennankreiman on Sunday October 27, 2019 @10:39AM (#21369961)
Your examples are matters of opinion, the Exxon case is a matter of hiding facts known to the company which are not vague as an opinion of quality.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by SpicyLemonZest on Sunday October 27, 2019 @10:53AM (#21370069)
Some of the allegations are exactly that vague. One of the major alleged misrepresentations is that Exxon claimed to be environmentally conscious:

> 687. ExxonMobil's greenwashing misleads consumers by saturating its brand with deceptive "green" images that portray ExxonMobil as a good environmental steward when, in fact, these images are contradicted by the actual environmental and public health impact of ExxonMobil's business. These images direct attention away from the massive and dangerous climate and public health harms caused by the routine production and use of ExxonMobil fossel fuel products and focus consumer attention instead on ExxonMobil's purported environmental responsibility and leadership.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by cartoonworld on Sunday October 27, 2019 @11:18AM (#21370240)
That part of the complaint is referring to ExxonMobil's greenwashing efforts in Massachusetts. The fairly vague wording of 687 follows dozens of pages including full color reproduction of the ads which make the case that Exxon sought to convince customers that using their whiz-bang petroleum product (motor oil) can meaningfully "clean" engines and will result in decreased environmental impact from fossil fuels.

>645. ExxonMobil’s misleading statements and omissions are deceptive because, even if it is technically true that Synergy™ and Mobil 1™ improve internal combustion engine performance and/or efficiency relative to prior or other products, ExxonMobil’s claims that these products help reduce greenhouse gas emissions convey a false impression that using the products results in environmental benefits. To the contrary, the development, production, refining, and consumer use of ExxonMobil fossil fuel products (even products that may yield relatively more efficient engine performance) increase greenhouse gas emissions.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by SpicyLemonZest on Sunday October 27, 2019 @11:53AM (#21370500)
Isn't that part even more concerning? Exxon said some true things about its efforts to help the environment, and Massachusetts agrees they were "technically true". But saying these true things was still deceptive according to the state, because saying Exxon is good is like saying that fossil fuels are good and the state thinks they're actually bad.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by cartoonworld on Sunday October 27, 2019 @12:10PM (#21370601)
No, what the state thinks is bad is that ExxonMobil is marketing the global petroleum conglomerate's version of a Safer Cigarette. Tobacco causes cancer; There is no safe cigarette.

The non-lying versions of the ad would be more like: "Combusting hydrocarbons produces, directly and indirectly, large portions of the total global CO2 released every year. The only way to reduce tailpipe CO2 emissions is to consume less combustion products. If you use ExxonMobil Synergy™ and Special Green Mobil 1™ then you could burn 0.65% fewer hydrocarbon molecules in your first 3 months!"

I do however agree with your main point, it probably wouldn't A/B as well.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by SpicyLemonZest on Sunday October 27, 2019 @12:25PM (#21370677)
I agree with the comparison. A lot of the tobacco lawsuits were also driven by moral panic more than any general principle. McDonalds is allowed to say they're working on healthier options even though all their food is unhealthy; Amazon is allowed to say they're working on reducing packaging waste even though they use a ton of packaging.
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by cartoonworld on Sunday October 27, 2019 @12:40PM (#21370768)
Yes, the tobacco industry also created ad campaigns from lies. My opinion is that misleading consumers about product harm is also tort. Of course, I am not a lawyer.
[dead]
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by SpicyLemonZest on Sunday October 27, 2019 @11:44AM (#21370423)
You may be unfamiliar with how legal documents are structured. As is typical, every paragraph of the complaint is numbered for easy referencing; the fact that this was 687 doesn't indicate that the other 686 things were more important, just that they were written earlier in the document. The paragraph I quoted was the beginning of a major section about "greenwashing".
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by noirbot on Sunday October 27, 2019 @10:55AM (#21370081)
Perhaps a better example - is it illegal to not disclose that your supply chain includes companies with inhumane/unethical work practices? I don't see most companies talking about how their factories are potentially mistreating folks, even though it's quite likely that they know about it.

I'm not sure how I feel about it myself, but I'm not sure how I want this to be handled as a legal matter.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by salawat on Sunday October 27, 2019 @12:12PM (#21370611)
See, that sort of thing strikes me as hairy.

Apologies for the quick tangent but... It's interesting.

As far as I'm aware, there is a lot you can get away with not saying, as the courts are specifically not huge fans of compelled speech.

Each form of compelled speech that I'm aware of tends to arise from the authority of an administrative regulator. I.e. FDA compelling ingredient labels, side-effects, Office of the Surgeon General for alcohol and tobacco/nicotine warnings, FTC/CFPB for product/financial product marketing/disclaimers, Bureau of Labor postings in the workplace etc.

With regards to specific things like child labor/conflict minerals, etc..., the issue shouldn't have to come up in theory, because you shouldn't be doing it period, and any evidence that you are is prosecutable without having to indirectly assert it was a case of securities fraud.

It's also not illegal to be daft or misleading until it crosses the line into fraud, where a material reliance on the veracity or falsehood of the information can be demonstrated.

That doesn't mean that there aren't grey area cases, or that everyone does their due diligence, but in general, this is the way things have always worked for as long as I've been around.

My 2 cents.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by noirbot on Sunday October 27, 2019 @01:09PM (#21370960)
I think the case here is that, say, the companies that were contracting with Foxconn or the like weren't doing anything explicitly illegal, but a large portion of people would see it as immoral/unethical. I'm certainly not saying that the government couldn't compel companies to label/disclose that sort of link, but assuming that's not the law, should Apple be sued for fraud if it turns out they were contracting with firms using unethical labor?

Obviously Exxon and others went further and attempted to discredit the evidence that what they were doing could be wrong, but if they'd just done the research into the climate impacts, and just never published it, would that have been fraudulent? To just pretend they didn't know what they were doing was immoral/unethical? That seems like the sort of things plenty of companies do all the time, to varying degrees of moral and ethical fault.

Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by beerandt on Sunday October 27, 2019 @02:59PM (#21371687)
To extend the metaphor- is it implicit guilt and/or misleading for Apple to generate PR about the ~300 jobs in Texas it created in making new pro laptops / desktops (a relatively small market), when they're responsible for mistreating 3000-30000 laborers making iPhones in China? (numbers made up)
Re:Massachusetts Sues Exxon over Climate Change, Accusing th... by geofft on Sunday October 27, 2019 @11:31AM (#21370320)
There are explicit legal provisions for "puffery" to cover the Samsung case as being just marketing fluff and not a claim of objective truth. But if you won a contract based on tricking your customer i to thinking your software was easier to use than the competition when it wasn't, yes, I personally would worry about the FTC.

More generally, preventing deceptive trade practices without preventing ordinary marketing is a well-established and well-explored field, it's not like Massachusetts invented it for this case. (And if anything threatens the rule of law, it's saying, "I don't know what the relevant statutes and regulations and caselaw is in this field so I think we shouldn't enforce laws in this field at all.")