In 2005, I was the lead counsel on behalf of the US in one of the biggest corporate accountability legal actions ever filed. That trial proved that the tobacco industry knew it was selling and marketing a harmful product, that it had funded denial of public health science, and had used deceptive advertising and PR to protect assets instead of protecting consumers.
Today, the fossil fuel industry finds itself in the same precarious legal position as the tobacco industry did in the late 1990s. The behaviour and goals of the tobacco and petroleum industries are pretty similar – and there are many similarities in their liabilities.
Both industries lied to the public and regulators about what they knew about the harms of their products. Both lied about when they knew it. And like the tobacco industry while I was in public service, the deceptive advertising and PR of the fossil fuel industry is now under intense legal scrutiny.
And the tide is beginning to turn. More than 1,800 lawsuits have been filed over climate liability worldwide. Many of these concern the misleading fake science that the industry purposely distributed to the public for decades, denying that its product was the leading cause of global climate change. Exxon knew the reality of climate change in the late 1970s and then later invested in telling the public it was not happening.The French giant Total knew and similarly funded efforts to mislead the public at around the same time.
You can see echoes of the tobacco strategy in each of the memos from corporate scientists studying the climate at fossil fuel companies. Since the 1950s, tobacco companies have been certain of the health impacts of their products. Still, they spent the next 40 years developing public
Read more on theguardian.com