In a win for climate campaigners and Massachusetts’ Democratic Attorney General Maura Healey on Monday, the U.S. Supreme Court rejected ExxonMobil’s attempt to block Healey’s demand for documents related to her state’s ongoing investigation into allegations that one of the world’s largest oil and gas corporations deceived the public and investors for decades about how fossil fuels drive global warming.
“The public deserves answers from this company about what it knew about the impacts of burning fossil fuels, and when,” Healey said, responding on Twitter to the ruling. This victory, she added, “clears the way for our office to investigate Exxon’s conduct toward consumers and investors.” Continue reading →
New reporting in Politico puts the spotlight on continued themes of the Trump administration: suppression of science, threats to public health, and carrying out the bidding of industry. The issue laid out involves alleged political interference at the Environmental Protection Agency, and while the agency’s current administrator, scandal-riddled Scott Pruitt, is now on his way out the door, the reins now head to number two Andrew Wheeler, who offers little reason to believe the burying of a key report will soon end.
As Politico‘s Annie Snider reported, Trump appointees at the agency are blocking the release of an assessment on formaldehyde produced by the EPA’s Integrated Risk Information System (IRIS). A draft assessment already completed confirms research linking the common chemical to leukemia, nose and throat cancer, and other adverse health effects. Continue reading →
In what advocates are calling a “watershed moment” for climate litigation, Rhode Island’s Democratic Attorney General Peter F. Kilmartin announced on Monday that the state has filed a lawsuit against 21 major oil companies—including BP, Chevron, ExxonMobil, and Shell—”for knowingly contributing to climate change, and causing catastrophic consequences to Rhode Island, our economy, our communities, our residents, our ecosystems.”
“This lawsuit marks the first in the country filed on behalf of a state and its citizens against Big Oil,” Kilmartin declared. “For a very long time there has been this perception that they, Big Oil, were too big to take on, but here we are—the smallest state, the Ocean State—taking on the biggest, most powerful corporate polluters in the world, because it’s the right thing to do. They need to be held accountable.” Continue reading →
“Although CO2 is emitted to the atmosphere through several natural processes,” a 1988 Shell report states, “the main cause of increasing CO2 concentrations is considered to be fossil fuel burning.” (Photo: FraserElliot/flickr/cc)
Royal Dutch Shell’s scientists warned the oil giant about the threat that fossil fuel emissions pose to the planet as early as the 1980s, according to a trove of documents obtained by a Dutch journalist and published Thursday at Climate Files.
Environmental advocates say the documents—which bolster an investigative report published last year—demonstrate the “stunning” immorality of oil and gas companies. The records are expected to aid global efforts to hold the industry to account for its contributions to global warming. Continue reading →
The Embarcadero at high tide. Photo: Heidi Nutters/flickr
Environmentalists are celebrating two new lawsuits filed by the cities of Oakland and San Francisco, California, in attempts to hold some of the world’s largest oil companies to account for fueling climate change.
“It’s time to hold these climate deadbeats accountable,” said Greenpeace’s climate liability campaigner Naomi Ages, after the suits were announced this week. Continue reading →
Last Wednesday, it was reported that Donald Trump was moving to nominate Raytheon lobbyist Mark Esper for secretary of the Army. Raytheon is one of the “big five” defense contractors, and the president’s decision comes at a time when concerns are being raised over the idea of defense industry executives being placed in senior positions at the Pentagon.
Esper, who holds a master’s degree from Harvard and a doctorate from George Washington University, has been Raytheon’s vice president of government relations since 2010. Before that, he held a slew of positions in both the public and private sectors. His resume is extensive, but The Hillmanaged to succinctly package the high points: Continue reading →
Secretary of State Rex Tillerson was CEO of oil giant ExxonMobil when the company violated U.S. sanctions against Russian officials in 2014. (Photo: Greenpeace/PolluterWatch)
“It’s time Rex Tillerson step down or be removed,” said Gigi Kellett of Corporate Accountability International, following an announcement on Thursday that ExxonMobil will pay $2 million for violating U.S. sanctions against Russian officials while the now-secretary of state was the company’s CEO.
“ExxonMobil demonstrated reckless disregard for U.S. sanction requirements,” according to enforcement filing released by the Treasury Department’s Office of Foreign Assets Control (OFAC), which issued the penalty. Though the fine is reportedly the maximum penalty allowed, it’s pittance to one of the world’s most profitable and powerful corporations, which last year reported a profit of $7.8 billion. Continue reading →
Rex Tillerson. Photo: premier.gov.ru [CC BY 4.0) , via Wikimedia Commons
Secretary of State Rex Tillerson—a former CEO of the world’s largest oil company—is under fire on Monday for setting aside his diplomatic duties on Sunday to accept a lifetime achievement award from the World Petroleum Congress is Istanbul, Turkey.
“Secretary Tillerson’s warped notion that it’s appropriate to attend and accept an award at an oil industry conference proves yet again that he has no idea how to be the United States’ chief diplomat,” said Greenpeace USA senior climate campaigner Naomi Ages. Continue reading →
Exxon is applying for a waiver from the U.S. Treasury Department to bypass U.S. sanctions against Russia and resume offshore drilling in the Black Sea with the Russian oil company Rosneft, the Wall Street Journal reported Wednesday.
Among those charged with deciding to grant the permit is Secretary of State Rex Tillerson, the former CEO of Exxon who previously oversaw the company’s Russia operations. Continue reading →
The executive order signals a sharp shift in federal climate change rules, standards and work procedures. This was expected based on Trump’s campaign rhetoric and his selection of Cabinet members and advisers. But as with other Trump White House initiatives, it is unclear how much change the administration can deliver and at what pace.
It took a long time for the Obama administration to formulate some of the central climate change rules now targeted by the Trump administration, and it will take years trying to change them. The signing of the executive order is just the administration’s opening salvo in what is destined to become a protracted and high-stakes battle.
The Trump attack
Cloaked in unsubstantiated “pro-growth” rhetoric, the executive order targets the Obama administration’s Clean Power Plan. It also focuses on mandates to cap methane emissions, looks to increase support for the extraction and use of coal and other fossil fuels, and changes the ways in which climate change concerns are embedded in actions by federal agencies (including taking into consideration the social cost of carbon).
The Clean Power Plan was designed to curb carbon dioxide emissions from existing coal-fired power plants as well as to promote renewable energy production and greater energy efficiency. The Obama administration also set emissions standards for new power plants. These and other measures were issued in response to the unwillingness by the U.S. Congress to pass any separate climate change legislation.
Announced in August 2015, the Clean Power Plan was immediately challenged in court by a group of 29 states and state agencies with the support of a variety of firms and industry organizations, including Oklahoma while current EPA Administrator Scott Pruitt was the state’s attorney general. The opponents argued the EPA had overstepped its regulatory authority with the new rules and they therefore should be struck down.
The Supreme Court in an unprecedented decision in February 2016 ordered the EPA to temporarily stay the implementation of the Clean Power Plan until a lower-level court had made a ruling on the EPA’s authority to set such standards. Oral hearings were held in the D.C. Circuit Court in September 2016, but a decision is still pending.
Because the EPA under Pruitt will review the Clean Power Plan and roll back other Obama initiatives, the executive order alters basic legal dynamics. Now, lawsuits making their way up the court system will change. Instead of challenging the Obama rules, suits will be aimed at forcing the Trump administration to either uphold them or take other forms of meaningful regulatory action.
Many states and environmental groups that support the Clean Power Plan and other existing measures stand ready with a lineup of lawyers to fight back. They will argue that the federal government must act based on a 2007 U.S. Supreme Court decision classifying CO2 as a pollutant under the Clean Air Act and a 2009 EPA Endangerment Finding stating that current and projected atmospheric concentrations of greenhouse gases threaten the public health and welfare of current and future generations.
Will we still always have Paris?
The executive order is silent on the Trump administration’s intent vis-à-vis the 2015 Paris Agreement, in which nearly 200 countries agreed to lower greenhouse gas emissions. But it casts a long shadow both on the U.S. ability to meet its Paris goal and the future of U.S. international leadership on climate change.
The implementation of the Clean Power Plan is central to fulfilling U.S. commitments under the Paris Agreement of reducing national GHG emissions by 26-28 percent below 2005 levels by 2025 and to make best efforts to reduce its emissions by 28 percent. By 2014, national emissions were down 9 percent compared with 2005 levels.
Electing to either leave or ignore the Paris Agreement would not provide the United States with more independence and flexibility, as it reduces its political influence and ability to shape future decisions in global climate negotiations.
There are other global environmental treaties around biodiversity protection and the management of hazardous chemicals and wastes to which the United States is not a party. As a result, the U.S. ability to influence regulatory decisions under these treaties is severely limited – for example, specific chemical compounds where there is a need to protect human health and the environment, or where U.S. firms have economic interests. This foreshadows the kind of outsider status that the United States may gain if it backs out of the Paris Agreement.
Notably, ceding international leadership on climate change may serve only to embolden other countries, including China, to take on a more prominent role at the expense of U.S. influence. It would also further increase many other countries’ rapidly mounting frustration with the Trump administration.
Many different stakeholders, including ExxonMobil, argue that it is better for the United States to be on the inside rather than the outside when it comes to the future climate change cooperation. Former ExxonMobil CEO and current Secretary of State Rex Tillerson has suggested the U.S. should stay in the agreement.
US paying for assistance or ammunition?
Even if the United States stays with the Paris Agreement, President Trump and Republicans in Congress have made it clear they want to severely limit, or completely cut off, U.S. contributions to climate finance in support of mitigation and adaptation measures in developing countries. The United States so far has provided US$1 billion of the $3 billion pledged by the Obama administration to the Green Climate Fund.
Carrying through on these statements by significantly reducing U.S. international assistance would effectively erode an important basis of U.S. political leadership and influence. But they appear to be part of a larger shift in the use of foreign policy instruments from nonmilitary means, such as climate and development aid, to military ones.
Trump’s “skinny budget” proposed a 31 percent cut to the EPA budget and a 29 percent reduction in funds for the State Department and other development programs. There is very little chance that Congress will approve such dramatic cuts, but these proposals tie in with what seems to be a broader change in U.S. foreign policy strategy.
As Trump proposed a 10 percent increase in the military budget, foreign policy experts worry that a significant cut in nonmilitary resources will severely undermine U.S. leadership and the ability by the State Department and other government agencies to promote U.S. interest and political stability.
The court of public opinion
As the battle over federal climate change policy continues, President Trump risks losing the public opinion battle on climate change beyond his most ardent base.
A recent poll shows that 75 percent of Americans believe that carbon dioxide should be regulated as a pollutant and that 69 percent believe that there should be limits on emissions from existing coal-fired power plants.
If such polling numbers remain strong, the Trump administration will be fighting an uphill battle in both courtrooms and the public sphere.