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Judge Rules Big Oil Can't Be Sued For Climate Change Costs (cbsnews.com)

An anonymous reader shares a report: A U.S. judge who held a hearing about climate change that received widespread attention ruled Monday that Congress and the president were best suited to address the contribution of fossil fuels to global warming. So he threw out lawsuits that sought to hold big oil companies liable for the Earth's changing environment. Noting that the world has also benefited significantly from oil and other fossil fuel, Judge William Alsup said questions about how to balance the "worldwide positives of the energy" against its role in global warming "demand the expertise of our environmental agencies, our diplomats, our Executive, and at least the Senate. The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case," he said. Alsup's ruling came in lawsuits brought by San Francisco and neighboring Oakland that accused Chevron (CVX), Exxon Mobil (XOM), ConocoPhillips (COP), BP (BP) and Royal Dutch Shell (RDS.A) of long knowing that fossil fuels posed serious risks to the environment, but still promoting them as environmentally responsible.

17 of 418 comments (clear)

  1. Big shocker. by penandpaper · · Score: 3, Insightful

    Glad the judge had enough sense to throw this case out.

    Want to get public action on climate change? Convince people and win elections. Using the courts to forward your agenda can and will backfire.

    I seem to remember a particular article written about a party using the courts to forward their agenda is bad.

    1. Re:Big shocker. by tepples · · Score: 3, Insightful

      So if I want to sue someone who has harmed me, I should try to win an election and get legislation passed as my remedy?

      The reason for legislation is to get the harm done to you officially recognized as actionable harm in the first place.

    2. Re:Big shocker. by penandpaper · · Score: 1, Insightful

      The courts are good at individual cases that have nuance and the technicalities of jurisprudence. That is not the place to drive social agenda to solve societal problems.

      People exhale CO2. When the EPA or courts expands the authority of the government to regulate CO2 as a pollutant they can effectively regulate your breathing. Perhaps you can see the problem with using the courts to bypass obvious deficiencies in your thinking.

      We have a body made specifically for these kind of things, Congress. Use that instead of judicial fiat.

    3. Re:Big shocker. by Petersko · · Score: 2, Insightful

      It's not a valid comparison. If the tobacco sellers stop selling tobacco, the result is people don't get to smoke.If the oil companies turn off the tap, people will die.

      And even if they had put up their hands decades ago and said, "Hey, this isn't good for the environment, and it'll heat up the planet causing all sorts of problems!", would it have changed behaviours at all? The mountain of evidence available now isn't good enough to do that today.

    4. Re:Big shocker. by mysidia · · Score: 3, Insightful

      So if I want to sue someone who has harmed me, I should try to win an election and get legislation passed....

      Yes. You don't get to sue just because someone "harmed you"; the other party also has to have harmed you in specifically an illegal manner such as a direct infringment on your legally recognized rights or by failing in a recognized duty to you (such as failing to uphold their part of a bargain) requiring redress by the courts to correct an injustice --- for example, if you lost money because my fancy marketing convinced someone to buy a good or service for me instead of you, then that's perfectly legal, and there's no grounds for suit.

      So it is with Oil companies.... they might in theory have provided other companies petroleum products which resulted in CO2 releases that some groups claim related to global warming that you theorize has harmed you, But there was no law against their actions, there's no proof of a causal relationship, and even if you own property, there's no legal right to prevent someone from affecting the weather/climate over your property...

    5. Re:Big shocker. by Oswald+McWeany · · Score: 3, Insightful

      CO2, soot, lead... Yeah I hold the oil companies responsible. Not least because when it became clear what was happening they were extremely slow to do anything about it, just like tobacco sellers.

      Well, technically the oil companies don't produce CO2, soot, or lead. You can blame the power plants, and the car owners for that. Their industry, pumping out oil doesn't produce much more CO2 than many other industries. It's how consumers (power plants, car owners) use the product that cause the CO2. If consumers watered their lawn with oil instead of using it to power their car, they wouldn't release as much CO2. :)

      On a more serious note though; for this to be comparable to tobacco the oil companies would have had to know BEFORE the public how harmful oil was- and actively try suppressing the truth. As far as I am aware- oil companies didn't find out before the public- and the public continued to use oil after learning of the dangers. Unlike tobacco who knew about the dangers of their product before the consumers did (and hid that information)- oil companies didn't hide anything. We've known as long as them how CO2 is linked to global warming.

      It's also worth pointing out that it's hard to pinpoint how much blame goes to Oil as opposed to coal, deforestation, slash and burn, melting ice causing sequested CO2 and methane to be released.

      --
      "That's the way to do it" - Punch
    6. Re:Big shocker. by omnichad · · Score: 1, Insightful

      The EPA has all but been disbanded. Since they've abdicated their responsibility, the courts are what's left.

    7. Re:Big shocker. by omnichad · · Score: 1, Insightful

      Hey look, it's the same argument used for poor working conditions and a low minimum wage!

    8. Re:Big shocker. by Anonymous Coward · · Score: 2, Insightful

      If you hold the oil companies responsible you will also need to include everyone who has ever used or benefitted by the energy products produced by the corporations. It will be the largest class action lawsuit in history and as usual the only people who could possibly benefit are the lawyers. The use of fossil fuels to power manufacturing and transportation services go back hundreds of years. Those complaining about fossil fuels seem to have no problem driving to their protests or flying to their international climate change circle jerks. They have no problem using diesel powered ships to save the whales or cruise the artic circle looking for melting ice. They have no problem wearing clothes manufactured using fossil fuels. And they have no problem using plastics and other manufactured materials in their daily lives. And of course the very computers and cell phones and all of our other technologies not only require fossil fuel derivatives but also the mining and use of volatile rare earth elements that wreck havoc on the ecosystems where the mining occurs. The US cut back mining for rare earth elements because of the expense involved in meeting EPA regulations.

      But by all means lets go cold turkey on fossil fuels and bankrupt the only companies capable of providing alternatives. All the companies named in the lawsuit are also some of the largest contributors to alternative energy research and development. Those who have controlled and profited the most on fossil fuels are not stupid. Alternative energy solutions are coming and they want the same level of control and profits running the alternative energy industry. As the ROI increases so will the amount of money and resources.

      And we might as well scrape every form of transportation that relies on internal combustion engines. Alternatives are coming but they take time and nobody living today will see the end of the fossil fuel era. Life is not as simple as the pithy campaign signs, political sloganeers, and frothing at the mouth activists make it out to be.

      This lawsuit ranks right up there with suing all white people for the inequities and insults that black people suffered hundreds of years ago. People love to complain and go postal with their demands but that's as far as they will ever get in solving whatever outrage of the day they are having a meltdown about. The noble and good natured activists of today never fix anything or provide workable solutions to problems they only concentrate on affixing blame on someone for the problem. Once that blame is affixed they march to their next protest or chatroom and start complaining about something else. And it appears our current generation of morons are unable to find a job with their expensive BS degree in English, History, or Political Science so they become "activists" to complain about the inequities of life. A life that tends to revolve around ignoring the consequences of ones choices and actions. And one recent example of ignoring consequences of ones actions is a prominent Democrat politician calling for mobs to chase down people serving in the current administration and do anything necessary to harass or shame these people. The most obvious consequence of this call to abandon reasoned and civilized conduct will be the Republican supporters returning the favor with gusto. A reasoned approach to dealing with the Trump administration would be to realize there is another election in 2 years. Instead of putting all their efforts into formulating and communicating a better economic and social policy platform. Trump won the first time because the Democrats presented a weak platform and Clinton's supporters doubled down on insulting anyone who looked like a Trump supporter. I believe the words redneck, ignorant, and hillbilly were used combined with wide scale patronizing of those deemed to uneducated to make the right vote.

  2. Suing them was unethical anyway by Cajun+Hell · · Score: 4, Insightful

    (No, I don't own any oil stock.)

    This is one of those things where the actual responsiblity is so spread out that it's just ridiculous to blame the vendor.

    How many hundreds of times have YOU personally made the decision to fill your vehicle with fuel? You damn well knew (you did not merely suspect, you the person doing it knew) that it was definitely and inevitably going to pollute the air, with zero chance that it wouldn't pollute. And it was going to happen as a direct consequence of you running your engine after yyou having decided to turn the key.

    But no, it's not all on you, because there are hundreds of millions of people, just like you, who were in exactly the same situation and made the same decision that you did. And just like you, those hundreds of millions of people knew for sure, without the slightly doubt or speculation, that their own vehicles were going to definitely going to cause air pollution, and that as a whole, all our vehicles working together were going to pollute in a large, significant way.

    And me too. You can blame me for my share. I have filled my tank and driven many times.

    Did we do this because we were tricked? Fuck no. We did it because we didn't have a better alternative. Whose fault is that? Reality's fault. It's a shame we don't have teleportation spells, but we don't, so we burn stuff for energy, knowing that it pollutes.

    Some people make an effort to stop doing that. That's great. Fuck yeah! You're awesome. And that's the way ahead: high-five the people who make the choice to stop polluting, instead of blaming the people who .. well, no, not the polluters, but whose who sold us the means to pollute, as if We The Burners deserved less blame than they do. If you're going to point your fucking finger, point it at everyone. Point it at the earth itself. Point it at the gods for not giving us teleportation spells.

    If you need to blame big oil for something, you might have a better case for pollution that is directly tied to drilling, like for spills, pipelines disrupting habitats, etc. That's totally fair game, because oil can be delivered without fuckups if people try hard enough and are willing to pay enough. (But that's not what this story is about. But I'm giving you an out here, if you need a bad guy and you refuse to accept that we are all the bad guys.)

    --
    "Believe me!" -- Donald Trump
  3. Not a fan of big oil, but this is a good ruling by istartedi · · Score: 4, Insightful

    San Francisco and Oakland: Oh please, let us sue the oil companies. Oh please let us sue them from our glass towers funded by hi-tech industry, fueled by the very energy we decry, birthed by the military-industrial complex we revile. Oh please, mr. judge we implore you! We're good liberals. Pay no attention to the prime mover behind the curtain.

    Judge: No.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  4. Re: Lock Him Up by kenh · · Score: 2, Insightful

    I love this logic - he must be on the payroll of 'big oil' to reach that conclusion, otherwise my long-held beliefs are wrong! it's right up there with 'the Russians threw the election, otherwise I have to admit that Hillary was a lousy candidate.

    --
    Ken
  5. Re:And physics questions by cascadingstylesheet · · Score: 4, Insightful

    like what's causing the warming, and what the speed and essential content of response needs to be, should be decided by science, and then the results of that should be respected by political leadership.

    Oh what a wonderful world that would be....

    What to do about it, on a governmental level, is a political question.

    Expert witnesses can testify, submit evidence, etc., but they don't decide cases. That's never how it works.

  6. Re: Lock Him Up by Anonymous Coward · · Score: 0, Insightful

    Um, computer science is a real actual science, so much so that major scientific experiments like the LHC couldn't operate and and process the amount of data that it does without their groundbreaking research into big data computation and storage any more than it could without physicists. Software professionals regularly encompasses computer scientists, so many computer scientists are software professionals.

    But keep telling yourself scientists are some arbitrary thing that doesn't include what ego group you place yourself in. Meanwhile I, as a mathematician will sit here and laugh at whatever peasant group you place yourself in because I similarly view you as inferior.

    Frankly, in this day and age, because so many computer scientists have to understand now just the computer science and software engineering principals to deliver, but also the domain knowledge of the subject they're delivering for, then they're far more capable than most so-called scientists like yourself anyway. A software professional that understands the physics, biology, and chemistry of the subject they're developing for will always be more capable than the "scientist" who believes their field is the be all and end all of science - your attitude alone negates your ability to be an even moderately competent scientist because one of the key traits required is that of modesty and the ability to accept and explore new ideas.

  7. Bad arguments by sjbe · · Score: 4, Insightful

    The courts are good at individual cases that have nuance and the technicalities of jurisprudence. That is not the place to drive social agenda to solve societal problems.

    As a general proposition I agree but sometimes there is no other choice. The rest of the government doesn't always act in a manner that makes social change feasible.

    People exhale CO2. When the EPA or courts expands the authority of the government to regulate CO2 as a pollutant they can effectively regulate your breathing.

    That's one of the more ridiculous arguments I've read in a while. No amount of breathing by humans makes CO2 a pollutant. Massive release of sequestered CO2 from burning coal and oil does make CO2 a pollutant. Anything can be a pollutant if there is enough of it to screw up the ecosystem. Do you really not understand the difference between regulating industry emissions of a chemical versus respiration? Exactly how do you think an EPA regulation will deny you access to breathing?

    1. Re:Bad arguments by Anonymous Coward · · Score: 2, Insightful

      If you think a judge doing this is a good idea, what's your thoughts on what Trump has done to disassemble everything Obama did? Because doing it by the courts has the same failure. What is done by one judge can be undone by another, and what all judges do can be easily undone by congress. It's a poor way to do this because it's so easily undone.

  8. Our entire economy & way of life is powred by by karlandtanya · · Score: 1, Insightful

    We are *all* guilty.
    Singling out the folks that dig the stuff out of the ground, clean it up, and bring it to the rest of us is just scapegoating.

    --
    "Reality is that which, when you stop believing in it, doesn't go away." - Philip K. Dick