* Hayek vs Hobbes and the theory of law
* The rule of law
* Retraction watch: Flawed climate science paper “exposed potential weaknesses” in the peer review process. Harde nonsense.
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This matter [Legates vs State Climatologist] is incorrectly recorded at the relentlessly unreliable Wikipedia, where climate campaigners tend to rewrite the biographies of those skeptical of the official position on the climate in such a way as to cast them in a maximally unfavorable light. Any attempt to correct such errors is simply deleted, usually within minutes. One such campaigner has rewritten some 2,000 biographies of skeptical researchers, some of them many times, in each instance with intent unfairly to harm their reputations.Is he referring to moi? Well who else could it possibly be? But "has rewritten some 2,000 biographies of skeptical researchers" appears to be simply made up; the brief provides no source for the claim. It is somewhat reminiscent of A Child's Garden of Wikipedia, but in that case the relevant 2,000 comes from "When he disapproved of the arguments that others were making, he often had them barred — over 2,000 Wikipedia contributors who ran afoul of him found themselves blocked from making further contributions." Which is nonsense, as the link shows; but at least it contains the number 2,000.
Identify and describe all state and federal court decisions sustaining a nuisance theory ofAnd that's just part 1. Part 2 is the same, but in the context of GW. Part 3 asks about Noerr-Pennington. Part 4 is:
liability based on the otherwise lawful sale of a product where the seller financed and/or
sponsored research or advertising intended to cast doubt on studies showing that use of
the product would harm public health or the environment at large. Also, identify and
describe all decisions rejecting such a theory
If plaintiffs’ theory is correct, why wouldn’t everyone involved in supplying carbonbasedThis one will run and run. However, I do very much approve of the judge posing questions like this.
fuels (or in otherwise increasing carbon dioxide, e.g., deforestation) be liable upon
a showing that they questioned the science of global warming or sponsored research
intending to question it?
Boutrous is arguing that the bulk of greenhouse gas emissions are the result of people burning fossil fuels; the companies should not be held responsible for this portion because all they have done is extract the oil, coal, and gas. But archival video footage of a Mobil Oil meeting seen by ThinkProgress indicates that 20 years ago, employees were raising concerns about the company’s responsibility for climate change...(my bold). But notice that TP's "but" doesn't make sense. "And" would make sense. "But" would mean that the two sentences in some way contradict or contrast with each other. But they don't. They are entirely compatible; clearly, TP haven't quite scooped all their brains back in yet.
...Even if you say greenhouse gases are human-caused, we’re only responsible for 5 percent of it. We’re not responsible for everything we put out there; you’re the ones using it. That’s what I understood him to be saying.” This question of responsibility has been a focus of scientists and researchers for several years. In order to link emissions to specific companies, the Carbon Majors Database was set up in 2013 by researcher Richard "Dick" Heede of the Climate Accountability Institute. Heede’s peer-reviewed study featured in the database showed that nearly two thirds of all global emissions can be linked back to just 90 entities — oil and gas companies, coal producers, and cement manufacturers — responsible for extracting most of the fossil fuels burned since the industrial revolution...(again, my bold). Heede also rather gives his game away. I covered the Heede stuff at the time2. But then, TP didn't say "can be linked back to", they said Ninety Companies Responsible For Two-Thirds Of Global Warming Emissions. What I think TP are rather painfully discovering is that their automatic unthinking "the FF companies dunnit" is open to question (note that I'm not trying to suggest the FF companies were white as snow; they clearly weren't; see-also what-I-said).
Now I don't know about you, but I've never tried to hold a phone or Skype conversation with more than about 15 people at a time, twenty max I think. I've attended lots of teleconferences and web-based discussions lately, and with almost all of them there have been communications difficulties. Even today one cannot be confident that simple telephony will work for everyone for a couple of hours. Most of the electronic meetings involving 10 to 15 people have suffered with static/hiss, drop-outs, difficulties with web-documents and so forth. To hold a conversation with upwards of 30 people is quite a challenge, let alone gatherings of hundreds or thousands or tens of thousands of people.
MR. BOUTROUS: I'll be really brief, Your Honor. The timeline that I walked through paragraph 67, for example, the Oakland complaint, when I read it it read to me like they were talking about a document that was secret inside knowledge by this organization they were pointing to. Well, it turned out it was a summary of the IPCC report from 1995. It was -- those were quotes from the Power Point deck. So I found it to be a bit misleading, very misleading.What is para 67? It is from Oakland's submission. They say:
In February 1996, an internal GCC presentation stated that a doubling of carbon dioxide levels over pre-industrial concentrations would occur by 2100 and cause "an average rate of warming [that] would probably be greater than any seen in the past 10,000 years." The presentation noted "potentially irreversible" impacts that could include "significant loss of life."To which the Court replies:
I think Mr. Boutrous is correct. I read that paragraph 67 the same way; that there was a conspiratorial document within the defendants about how they knew good and well that global warming was right around the corner. And I said: "Okay. That's going to be a big thing. I want to see it." Well, it turned out it wasn't quite that. What it was was a slide show that somebody had gone to the IPCC and was reporting on what the IPCC had reported, and that was it. Nothing more. So they were on notice of what in IPCC said from that document, but it's hard to say that they were secretly aware. By that point they knew. Everybody knew everything in the IPCC. So I don't know. I think Mr. Boutrous makes a fair point.This isn't quite the #Exxonknew nonsense, but it isn't far off. And it is a hint that the Court won't take kindly to being fed fake conspiracies.
Drawing all this together, drawing both our understanding of basic physics and understanding of the -- both understanding of the basic physics and the early simulations from global climate models, the 1979 National Academy of Sciences was able to draw the conclusions that they were expecting a warming of between one-and-a-half and four-and-a-half degrees for the equilibrium warming on doubling CO2.
Chevron does not do original climate science research. Chevron accepts the consensus of the scientific community on climate change. That scientific consensus is embodied in the results of the Intergovernmental Panel on Climate Change, the IPCC. And that has been Chevron's position for over a decade.That's a good line, if he can stick to it. As is:
it won't surprise the Court we believe the resolution of climate science issues aren't going to be determinative here for all the reasons in our motion to dismiss. That's for another day.There's also a tantalising "Chevron does not agree with all the policy proposals analyzed by the IPCC" but he doesn't give details. More later, perhaps?
The strong programme in the sociology of science has found an echo in France, particularly around Bruno Latour. His works contain a great number of propositions formulated so ambiguously that they can hardly be taken literally. And when one removes the ambiguity— as we shall do here in a few examples— one reaches the conclusion that the assertion is either true but banal, or else surprising but manifestly false.Naturally, the fawning interviewer in the LA RoB isn't tactless enough to bring that up, preferring softballs.
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