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Tuesday, July 15, 2025

Union of Concerned Scientists: Decades of Deceit: The Case Against Major Fossil Fuel Companies for Climate Fraud and Damages: Summary, Review, and Commentary

     The Union of Concerned Scientists (UCS) is basically a group of politically liberal scientists that acts to promote and describe what they perceive as threats. I have often been critical of so-called attribution science and of campaigns to file lawsuits against fossil fuel companies regarding climate change. We have not been in a position in the past, and are not in a position now, to abandon or even significantly reduce fossil fuel production and consumption. The alternatives are not equivalent and would cost societies too much to implement and maintain. The knowledge of the details of global warming and climate change was much less certain in the past, which makes these arguments that fossil fuel companies knew exactly what their products were doing to the climate ridiculous. And yet, those same arguments are often made. Fossil fuels, after decades and trillions of dollars in green energy investments, still power 80% of the primary energy of the world. Those green energy investments still require significant subsidization to be profitable. They write:

In these time frames {1959 to now}, fossil fuel companies already had clear scientific evidence that their products were contributing to climate change.”

They point to several presentations and reports in the 1980s that showed fossil fuel companies knew of the possible climate implications of using their products. Should we have required solar panels and wind turbines then? The state of solar and wind technology in the 1980s was not even close to what it is today. It would never have even made a dent. Even today, wind and solar are not quite meeting energy demand growth, let alone replacing fossil fuels.

     The authors claim that the fossil fuel industry, like the tobacco industry, led a campaign to deceive the public about climate change. The tobacco industry was fined in the hundreds of billions for the damage from their products, and so too, they argue that the fossil fuel industry should have been vilified and punished with fines. People don’t need cigarettes, but they do need energy. Available and affordable energy alleviates poverty. The comparison amounts to a bad analogy that is useless. It is another tired old argument dug up in this damning report. Scientists should be doing science, not politics.

     Did fossil fuel companies and advocacy groups like the American Petroleum Institute (API) seek to exploit uncertainty about climate change to enhance their “license to operate?” Of course, they did. Why would they not do that, since there was considerable uncertainty? There is less uncertainty now as climate science has advanced and years of data have accumulated. Due to this, very few fossil fuel companies reject climate science now. They do understand, however, that demand for their products, which enable abundant and affordable energy, remains high, and they are supplying that demand. They are also pouring billions into alternatives: solar, wind, batteries, electric-powered processes, geothermal, CCS, RNG, and much more. In fact, over the years, Big Oil companies developed and perfected many of these technologies.

     Did these companies and advocacy groups also deceive the public with campaigns to downplay the dangers of climate issues? It’s true, they did. However, in most cases, they did so to counter campaigns to vilify the industry.

     They mention the 2009 launch of Energy in Depth, by the Independent Petroleum Association of America, as an advocacy arm for the industry to counter the vilification. I have read many articles by Energy in Depth, and while it is obviously biased in favor of the industry, I have found it to be generally informative and correct in many of its articles. I do not believe such groups were convened to deceive the public, but rather to educate the public, a public that was being bombarded by anti-fossil fuel propaganda. This and other groups are simply a means to counter that propaganda with their own views, biased in favor, of course.   

UCS is calling for elected officials, investors, financiers, experts, and the public to increase pressure on these companies to do the following

1)        Cease disinformation and greenwashing on climate science, public policy, and corporate actions. 

2)        Stop obstructing science-informed public policy and its implementation.

3)        Pay an equitable share of the costs for climate damages; climate adaptation; and the environmental, social, and systemic impacts of fossil fuel products and production.

4)        Fully disclose, and regularly and publicly report on, risks and impacts to the climate, communities, and the economy.

5)         Accelerate actions, investment, and business planning for a fair and fast phaseout of fossil fuels worldwide.

6)        Stop violating civil rights, human rights, and the rights of Indigenous peoples.

     Basically, it seems to me they simply want to punish and humiliate the industry while making it less profitable. But we all share in that profit with lower energy costs. The authors lament that the public has to pay for things like climate adaptation. They think companies should pay more in light of better attribution science, indicating that fossil fuels play a large role in global warming. While that may seem like a reasonable approach, their advocacy for legal action against fossil fuel companies serves only to damage those companies that supply our energy. It does nothing to make the alternatives more competitive.

     The report calls for accountability and justice. They go on to point out NOAA reports that show increasing frequency of climate-related events and impacts, including high-cost disasters. Of course, there are several other reasons for those events and impacts, aside from climate change. If more people build and develop in areas vulnerable to extreme weather, the costs to rebuild will be higher.

     The report goes on to give a short history of climate science and to document the development of attribution science over the years. They note that more satellite and sensor data and better climate modeling have advanced the science and its assertions. They desire to attribute emissions and impacts to a group of specific large fossil fuel companies. Below, they show that 122 fossil fuel and cement companies are responsible for 94% of carbon emissions. So, what? I do not think that such studies linking specific companies to emissions and impacts really benefit society. It may make for a good way to distribute punishment, but you and I would pay for that punishment along with the companies. Attribution science is, in one sense, a science of blame. Destroying large companies that supply in-demand energy and help to advance our economies is not in our best interests.






     I do not buy the assertion that fossil fuel companies knew about the threat of climate change in the 1950s. They knew a little in the 1980s, but in the 1970s, the overriding concern was about a potential ice age.

     The report notes:

…three-quarters of all industrial CO2 emissions driving climate change have occurred since 1981.”

While this may be true, it does not change anything. The argument that they make, that fossil fuel companies knew about the details of climate change in the 1950s, is not plausible to me. They may have known, following Keeling’s work in 1957, that atmospheric CO2 was increasing steadily and that fossil fuels were likely a major source, but no one had any idea of the possible impacts. Their forays into the past, while interesting, are not convincing to me. No one knew anything for sure, especially about potential impacts. They knew about increasing CO2 and the greenhouse effect, but the details were speculative.

     The authors assert that:

Fossil fuel companies projected climate impacts with a high degree of specificity and accuracy.”

While some companies did some climate research, any accurate predictions were not based solely on science, since the science was not sufficiently advanced, and years of data were not available then. They did accurately predict some effects, such that the effects of climate change would be more extreme in the polar regions, particularly in the Arctic, but with the data at hand, they did not know for sure. The authors argue that they knew about potential impacts but did not adequately warn the public about them. Would it be wise for a company to warn about the potential impacts of their products far into the future without having detailed quantitative proof? I would say no. Many climate predictions from non-industry science in the 1980s turned out to be wrong, including those by James Hansen. He later corrected his predictions, as scientists do. We should be glad that the fossil fuel companies were aware of the problem in some detail and were developing and following the science around it. There was no need to advocate for stopping the production and consumption of fossil fuels, as that would result in the downfall of society.

     The report details several of these internal fossil fuel company documents of Exxon, Shell, BP, and others that indicate there was some cause for concern, and they point out that the companies were aware that at some point, the issue could affect their profitability. They were also aware that they could be vilified like the tobacco industry. They were also concerned with the potential of public opposition to fossil fuels. Were they deceiving the public as UCS contends? Maybe, but they had to be pragmatic, not overly alarm the public, keep energy affordable, and yes, protect their bottom line. UCS contends that they should have:

“…alerted the public, government, and its shareholders about what its scientists had found and actively worked to alter its business plans, promote renewable sources of energy, and reduce carbon emissions.”

That would not have been useful, I would say. There were fewer means of affordably reducing emissions in the past. Renewables were extremely uneconomic in the past compared to today. Causing a public outcry against their own products was certainly not in their own interests.

     The authors go on to scrutinize a 1998 “roadmap” provided by API with help from the Competitive Enterprise Institute, the American Legislative Exchange Council (ALEC), and Committee for a Constructive Tomorrow, with some funding from Exxon. They charge that there was a goal to “increase uncertainty among the public and policymakers about the realities of climate science.” That is likely true, and they can be blamed for that, but part of the effort was to counter vitriol against their industry leveled by environmental activists. Apparently, UCS has been putting out reports like this for many years, vilifying fossil fuel companies. There is still uncertainty about climate change, even though the uncertainty is much less than it was in the past. I think it was reasonable for the companies to favor promoting the uncertainty, even though it may look bad for them now. The authors charge them with a disinformation campaign. I would say that could be true in some sense, but it was not an unreasonable one, since the level of uncertainty at the time was enough to lead to doubts about the magnitudes and timeframes of potential impacts.

     Those same “front groups” countered a media campaign by Al Gore and friends beginning in 2004 to promote his book, An Inconvenient Truth. They ramped up their own propaganda to counter Gore’s propaganda.

     Of course, they accuse fossil fuels of “greenwashing,” and no doubt there is some of that. But they also developed and fostered many solar applications, battery research, and other green technologies, advancing them. Today, fossil fuel companies are among the biggest investors in green tech, but the lack of profitability of these ventures and the reliance on subsidization keep them from investing too heavily. The authors charge that Exxon spent too much on advertising its fuels from algae and not enough on the science. These projects have largely fizzled out due to a lack of profitability. These companies have investors who want them to decarbonize, but they also have investors who want them to ensure profitability. As an example of greenwashing, they note that Exxon’s:

“…spending on algae biofuels amounted to less than 1 percent of its total investments in infrastructure, equipment, and technology—the vast majority of which still go to expanding oil and gas production.”

It’s a fair charge, but it doesn’t change the fact that algae biofuels remain unprofitable.

     The report decries fossil fuel-funded advocacy campaigns but does not mention the much higher funding of the anti-fossil fuel campaigns of environmental and climate advocacy groups. When every fossil fuel infrastructure project is sued, delayed, and vilified, at additional costs in many billions for these companies, it is no wonder that they seek to counter the advocacy against them.

     They mention a more recent issue, that of climate-related financial risk and the required disclosure of that risk. In the early 2020s, the ESG movement was in full swing, and many oil & gas companies accepted it as the cost of doing business and the license to operate. However, as conservatives gained in U.S. politics, the focus on ESG was deemed a form of “woke-ism” that has been countered with legislation in many states. Unfortunately, this was likely necessary to counter the trend towards fossil fuel divestment among investors. It was another “stick” approach to fossil fuels. I am an advocate of “carrot” approaches to decarbonization. They work, but stick approaches generally do not work.  As for ESG, it was another case where advocates went too far, so that backlash became the new approach to what was perceived as ESG overreach. I do believe that fossil fuel companies should quantify their greenhouse gas emissions and know their climate risks. Climate risk disclosure can probably be navigated by these companies, and they seemed during Biden’s tenure to be generally OK with the requirements. However, some of the bigger companies and advocates like Exxon, Chevron, and the API did file lawsuits against the proposed rules. Climate risk disclosure, along with some other potential actions against these companies, went away with the advent of the 2nd Trump administration.  

     The report recounts the computer hacking of the emails of 128 individuals between 2015 and 2018 by an Israeli private detective, who apparently was known about or otherwise endorsed by fossil fuel companies, according to the authors. That may or may not be true. The hacker was convicted in 2023 and had an accomplice who was indicted. The accomplice had a history of doing lobbying work for fossil fuel advocacy for Exxon and others. Exxon has said it was not involved and unaware of the hacking. UCS, 350.org, the Climate Investigations Center, Greenpeace, and the Rockefeller Family Fund were targeted in the hack. UCS attempts to link Exxon with the hack.

    The report’s conclusion mentions that the number of climate lawsuits is growing. I think this is bad news because it is not necessary or fair to sue these companies for this. They already face many lawsuits from an organized opposition (some have called it a litigation factory) against fossil fuel infrastructure. The authors seem to suggest that fossil fuel companies are somehow sinister by opposing these lawsuits. I think there is a very good argument that they are frivolous, unfair, or irrelevant, unfair, or irrelevant. The authors accuse them of avoiding accountability, but the reality is that they are fighting back against being vilified by ideological activists, or that is at least how they see it. They note the details of the opposition to the opposition:

A fossil fuel industry advocacy group has launched a public campaign opposing climate accountability lawsuits, and CEOs of major oil and gas corporations including Chevron and ExxonMobil reportedly met with President Trump to ask for his help fighting and climate litigation and climate superfund legislation (Morenne and Eaton 2025; Clark 2025; Joselow and Phillips 2025). In March 2025, President Trump issued an Executive Order attacking states’ rights, including laws and lawsuits related to environmental justice, pollution standards, and fossil fuel industry-driven climate damages (Office of the US President 2025a).

    The next section of the conclusion emphasizes the climate as a crisis or an emergency, as activists insist on doing. They suggest that the climate crisis has intensified in the past decade, but I do not think that is the position of the IPCC.  Next, the authors are calling for a harder stance, a call to action to put pressure on the industry. Such campaigns call for companies to have an organized opposition to the opposition, so it is reasonable to fight back. Pushy activism will draw backlash and a response. They list six “demands” for fossil fuel companies:

1)        Cease disinformation and greenwashing on climate science, public policy, and corporate actions. 

2)        Stop obstructing science-informed public policy and its implementation.

3)        Pay an equitable share of the costs of climate damages; climate adaptation;

and the environmental, social, and systemic impacts of fossil fuel products and

production. 

4)        Fully disclose, and regularly and publicly report on, risks and impacts to the

climate, communities, and the economy.

5)        Accelerate actions, investment, and business planning for a fair and fast

phaseout of fossil fuels worldwide.

6)        Stop violating civil rights, human rights, and the rights of Indigenous peoples. 

     Aside from climate risk disclosure and making general efforts, most of these demands are unreasonable. accusatory, and not really feasible. Phasing out their businesses when demand is strong and the alternatives are inadequate is neither feasible nor sensible. I don’t believe the dig about human rights is accurate or constructive. They mention that Trump has stated he will step in to stop lawsuits against fossil fuels, so that is a possibility as well on the industry side. One thing is for sure: the Union of Concerned Scientists is a radical activist group of scientists with views that I believe are outside the norm and outside the majority. We should not put much stock in their reports.  

 

   

 

References:

 

Decades of Deceit: The Case Against Major Fossil Fuel Companies for Climate Fraud and Damages. Union of Concerned Scientists. L. Delta Merner, Kathy Mulvey. Laura Peterson, and Seth Shulman. May 2025. Decades-of-Deceit-report-f.pdf

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