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bmckibbenbw1Here’s the story so far. We have the chief legal representatives of the eighth 8 and 16th largest economies on Earth (California and New York) probing the biggest fossil fuel company on Earth (ExxonMobil), while both Democratic presidential candidates are demanding that the federal Department of Justice join the investigation of what may prove to be one of the biggest corporate scandals in American history. And that’s just the beginning. As bad as Exxon has been in the past, what it’s doing now—entirely legally—is helping push the planet over the edge and into the biggest crisis in the entire span of the human story.

As bad as Exxon has been in the past, what it’s doing now—entirely legally—is helping push the planet over the edge and into the biggest crisis in the entire span of the human story. Photo credit: Minale Tattersfield / Flickr
As bad as Exxon has been in the past, what it’s doing now—entirely legally—is helping push the planet over the edge and into the biggest crisis in the entire span of the human story. Photo credit: Minale Tattersfield / Flickr

Back in the fall, you might have heard something about how Exxon had covered up what it knew early on about climate change. Maybe you even thought to yourself: that doesn’t surprise me. But it should have. Even as someone who has spent his life engaged in the bottomless pit of greed that is global warming, the news and its meaning came as a shock: we could have avoided, it turns out, the last quarter century of pointless climate debate.

As a start, investigations by the Pulitzer-Prize winning Inside Climate News, the Los Angeles Times and Columbia Journalism School revealed in extraordinary detail that Exxon’s top officials had known everything there was to know about climate change back in the 1980s. Even earlier, actually. Here’s what senior company scientist James Black told Exxon’s management committee in 1977: “In the first place, there is general scientific agreement that the most likely manner in which mankind is influencing the global climate is through carbon dioxide release from the burning of fossil fuels.” To determine if this was so, the company outfitted an oil tanker with carbon dioxide sensors to measure concentrations of the gas over the ocean and then funded elaborate computer models to help predict what temperatures would do in the future.

The results of all that work were unequivocal. By 1982, in an internal “corporate primer,” Exxon’s leaders were told that, despite lingering unknowns, dealing with climate change “would require major reductions in fossil fuel combustion.” Unless that happened, the primer said, citing independent experts, “there are some potentially catastrophic events that must be considered … Once the effects are measurable, they might not be reversible.” But that document, “given wide circulation” within Exxon, was also stamped “Not to be distributed externally.”

So here’s what happened. Exxon used its knowledge of climate change to plan its own future. The company, for instance, leased large tracts of the Arctic for oil exploration, territory where, as a company scientist pointed out in 1990, “potential global warming can only help lower exploration and development costs.” Not only that but, “from the North Sea to the Canadian Arctic,” Exxon and its affiliates set about “raising the decks of offshore platforms, protecting pipelines from increasing coastal erosion and designing helipads, pipelines and roads in a warming and buckling Arctic.” In other words, the company started climate-proofing its facilities to head off a future its own scientists knew was inevitable.

But in public? There, Exxon didn’t own up to any of this. In fact, it did precisely the opposite. In the 1990s, it started to put money and muscle into obscuring the science around climate change. It funded think tanks that spread climate denial and even recruited lobbying talent from the tobacco industry. It also followed the tobacco playbook when it came to the defense of cigarettes by highlighting “uncertainty” about the science of global warming. And it spent lavishly to back political candidates who were ready to downplay global warming.

Its CEO, Lee Raymond, even traveled to China in 1997 and urged government leaders there to go full steam ahead in developing a fossil fuel economy. The globe was cooling, not warming, he insisted, while his engineers were raising drilling platforms to compensate for rising seas. “It is highly unlikely,” he said, “that the temperature in the middle of the next century will be significantly affected whether policies are enacted now or 20 years from now.” Which wasn’t just wrong, but completely and overwhelmingly wrong—as wrong as a man could be.

Sins of Omission

In fact, Exxon’s deceit—its ability to discourage regulations for 20 years—may turn out to be absolutely crucial in the planet’s geological history. It’s in those two decades that greenhouse gas emissions soared, as did global temperatures until, in the twenty-first century, “hottest year ever recorded” has become a tired cliché. And here’s the bottom line: had Exxon told the truth about what it knew back in 1990, we might not have wasted a quarter of a century in a phony debate about the science of climate change, nor would anyone have accused Exxon of being “alarmist.” We would simply have gotten to work.

But Exxon didn’t tell the truth. A Yale study published last fall in the Proceedings of the National Academy of Sciences showed that money from Exxon and the Koch Brothers played a key role in polarizing the climate debate in this country.

The company’s sins—of omission and commission—may even turn out to be criminal. Whether the company “lied to the public” is the question that New York Attorney General Eric Schneiderman decided to investigate last fall in a case that could make him the great lawman of our era if his investigation doesn’t languish. There are various consumer fraud statutes that Exxon might have violated and it might have failed to disclose relevant information to investors, which is the main kind of lying that’s illegal in this country of ours. Now, Schneiderman’s got backup from California Attorney General Kamala Harrisand maybe—if activists continue to apply pressure—from the Department of Justice as well, though its highly publicized unwillingness to go after the big banks does not inspire confidence.

Here’s the thing: all that was bad back then, but Exxon and many of its Big Energy peers are behaving at least as badly now when the pace of warming is accelerating. And it’s all legal—dangerous, stupid and immoral, but legal.

On the face of things, Exxon has, in fact, changed a little in recent years.

For one thing, it’s stopped denying climate change, at least in a modest way. Rex Tillerson, Raymond’s successor as CEO, stopped telling world leaders that the planet was cooling. Speaking in 2012 at the Council on Foreign Relations, he said, “I’m not disputing that increasing CO2 emissions in the atmosphere is going to have an impact. It’ll have a warming impact.”

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