Thread by @WCELaw

We understand the anger against politicians at #COP26 for delivering a weak, inadequate #ClimateChange agreement. But blaming individual decision-makers ignores the fact that the system rewards failure. Here’s how we tackle that reality. 🧵 (1/15)

Here’s the problem: the profits of the #FossilFuel economy are kept largely separate from its costs. That means that countries/companies/investors who generate products and burn fuels that cause #ClimateChange pocket the profits while others pay the price. 💵 (2/15)

As a result, #FossilFuels appear profitable, and there’s massive incentive for political and economic structures to treat these industries as wealth creators. Which creates incentives for climate denial, downplaying the role of the #FossilFuel industry, etc. (3/15)

Our staff lawyer @singingwithin was at #COP21 in Paris, where Canada, the US and other developed countries agreed to talk about #LossAndDamage caused by #ClimateChange but ruled out any link to those who caused it. #compensation (4/15)

Without a link between the benefits & costs of the #FossilFuel economy, countries that produce and use fossil fuels have every incentive to drag their feet, and oil, gas & coal companies have incentive to undermine #ClimateAction. (5/15)

So what do we do? We use existing laws, and build new tools, to force #FossilFuel companies to pay their fair share of #ClimateCosts. ⚖️
Oil, gas & coal companies, and their investors and governments, must know that they will not profit from destroying our atmosphere. (6/15)

It has never been legal to sell products that you know will harm people – and oil, gas and coal companies have known for decades that their products would cause #ClimateChange. (7/15)

Laws defining the #liability of those who cause #ClimateChange are set by the country where the harm occurs – unlike laws regulating #GHG emissions. That’s huge, because #ClimateImpacted countries get to set the rules.🌎 (8/15)

Those laws can make #FossilFuel companies liable for their global emissions.
Keep in mind that @Chevron @SaudiAramco @ExxonMobil are responsible for more than 3% of historic #GHGs each, more than most countries. 🏭theguardian.com/sustainable-bu… (9/15)

Lawsuits have been filed against #fossilfuel giants for their role in #climatechange in the #UnitedStates🇺🇸, #Netherlands🇳🇱 and #Germany🇩🇪, as well as a #HumanRights complaint in the #Philippines🇵🇭. We’re long overdue in #Canada and elsewhere. #cdnpoli (10/15)

Once lawsuits are filed, the companies need to notify their investors and demonstrate that they are acting reasonably, even before there is a final judgement. That changes corporate and investment behavior. (11/15)

Litigation against #Tobacco and #Asbestos companies transformed how governments, investors and the public looked at those industries – drying up subsidies and resulting in tough new laws. ⚖️ (12/15)

Litigation for #OilSpills led directly to international agreements requiring oil companies to pay into an international fund for spill cleanup. 🛢️💰 (13/15)

When @Chevron @ExxonMobil and @SaudiAramco are facing lawsuits in multiple jurisdictions around the world, their respective governments will have a reason to talk more constructively at #COP27. (14/15)

Interested in learning more about how we’re going to #SueBigOil in Canada?
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wcel.org/program/climat… (15/15)