American Elephants


Re: The California Case against Big Oil — Dismissed! by The Elephant's Child

California’s Judge Alsup has just issued his Opinion and Order shutting down this litigation against BP, Chevron et al. He said several times that it is established and “both parties agree” that Global Warming is real, serious, and anthropogenic and the seas are inevitably rising.

That is irrelevant he wrote, because the California government entities ‘Nuisance theory’ is legally way too much of a stretch and just plain nuts. And issued the order dismissing the claim. Excellent, I will not argue.

He apparently just accepted that which he regarded as the highest authority, and in the case of the rising seas which would inundate San Francisco — He noted that San Francisco hadn’t even started to build  a sea wall!

Here’s the ruling: California v. BP.

The issue is not over science. All parties agree that fossil fuels have led to global warming and ocean rise and will continue to do so, and that eventually the navigable waters of the United States will intrude upon Oakland and San Francisco. The issue is a legal one — whether these producers of fossil fuels should pay for anticipated harm that will eventually flow from a rise in sea level.

The sole claim for relief is for “public nuisance,” a claim governed by federal common law. The specific nuisance is global-warming induced sea level rise. Plaintiffs’ theory, to repeat, is that defendants’ sale of fossil fuels leads to their eventual combustion, which leads to more carbon dioxide in the atmosphere, which leads to more global warming and consequent ocean rise.

The scope of plaintiffs’ theory is breathtaking. It would reach the sale of fossil fuels anywhere in the world, including all past and otherwise lawful sales, where the seller knew that the combustion of fossil fuels contributed to the phenomenon of global warming. While these actions are brought against the first, second, fourth, sixth and ninth largest producers of fossil fuels, anyone who supplied fossil fuels with knowledge of the problem would be liable. At one point, counsel seemed to limit liability to those who had promoted allegedly phony science to deny climate change. But at oral argument, plaintiffs’ counsel clarified that any such promotion remained merely a “plus factor.” Their theory rests on the sweeping proposition that otherwise lawful and everyday sales of fossil fuels, combined with an awareness that greenhouse gas emissions lead to increased global temperatures, constitute a public nuisance.



Yoo Hoo, Mr. Mueller! Collusion! by The Elephant's Child

CFACT has put up a new billboard on the busy I-10 highway in Louisiana which reads: “Russia funneled Green Groups millions of dollars to oppose fracking & cripple American energy” and asks, “How’s that for COLLUSION?

The Russian economy depends on their energy exports. They want to reduce competition to their exports to Europe and their goal is to keep prices high and the world, especially Europe, dependent on Russia energy. What better allies could Mr. Putin find than American Greens?

Russia’s actions are well documented in a detailed report released by the U.S. House of Representatives this year.



Will the Once Great State of California Ever Recover From Jerry Brown? by The Elephant's Child

Down in the great state of California, Governor Moonbeam and the Legislature are suing BP (formerly British Petroleum) because the people using nasty fossil fuels (all of us and the American economy) are causing catastrophic global warming which is going to destroy the planet, or kill us all, or something like that. Except that it isn’t.

Our very own governor, who seems to copy every nitwit idea of Governor Moonbeam’s, either is doing his own lawsuit or is joining on California’s, I’m not sure. Our Governor, called locally “Sleepy Jay Inslee” is also trying to push a carbon tax on everybody who drives a vehicle.

This case against BP should be understood as the holy grail of potential jackpots for the legal profession. BP alone had $240.21 billion in revenue last year. Greedy lawyers are envisioning mammoth windfalls, and if they succeed in breaking BP, they can go on with all the other oil companies, breaking them one by one. $$$$$$  We can all rely on wind and solar which are useless, but beloved by Lefties. We could all drive useless electric cars (you think there would be any energy left to plug into your very expensive car?) The Left loathes Big Oil, but as with most things they loathe, don’t really know why they are supposed to do so. Big Oil is simply the name used to describe the world’s six or seven largest publicly traded oil and gas companies BP, Chevron, ExxonMobil, Royal Dutch Shell, Total SAand EniSpA and Phillips 66.  Demonized by the Left for the rare spills, when oil-soaked birds serve the same purpose in Leftist propaganda as the current kids in cages, separated, crying, from their mothers. Bad analogy. The oil-soaked birds are real, unfortunately. The kids in cages belong to president Obama.

Our freeways are so crowded that at rush hour a doctor said it took her over two hours to get home, a usual 25 minute drive. People are leaving the state and the outflow of people and business from California is huge.  California’s freeways are, it is reported, potholed, too crowded, and in poor condition while Jerry Brown pursues his high-speed rail to nowhere, and Elon Musk experiments with vacuum tube tunnels.

The Court has asked what the social cost of the use of fossil fuels is. Here’s the answer given the court.




%d bloggers like this: