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Drilled

First Climate RICO Filed + James Hansen Sues EPA

Drilled

Critical Frequency

True Crime, Earth Sciences, Social Sciences, Science

4.82.3K Ratings

🗓️ 6 December 2022

⏱️ 41 minutes

🧾️ Download transcript

Summary

November was a big month for climate litigation! The first-ever climate RICO was filed on behalf of 16 Puerto Rican municipalities, plus a cohort of scientists and researchers, including NASA scientist James Hansen, sued the EPA to compel them to regulate greenhouse gas emissions under the Toxic Substances Control Act.

Transcript

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0:00.0

November was a really big month for climate lawsuits. Earlier in the month, the folks who

0:26.2

had been petitioning the EPA to use the toxic substances control act or TASCA to regularly greenhouse

0:32.7

gas emissions filed a civil suit to compel them to do so. Here's longtime EPA scientist Don Viviani

0:40.7

on why. I could never understand when I was at the agency why they would meet a petition to regulate

0:48.5

greenhouse gases under TASCA. It's maddening that with a petition they're unwilling to do their job.

0:54.8

TASCA is a chemical safety act. It's supposed to keep us safe from unsafe chemicals. CO2 and methane

1:00.8

are the two most unsafe chemicals that mankind has ever been presented with. We'll hear more from

1:07.3

Viviani as well as Dan Gelpern, the lead attorney on that case in a minute. But first, in other major

1:13.9

climate litigation news, the first ever climate rico case has now been filed. The Racketeer influenced

1:21.9

and corrupt organizations act was passed in the 1970s to give the government a way to deal with

1:27.5

organized crime. The Mafia. In the 80s, the Supreme Court upheld the use of the law in civil cases

1:33.8

as well, which can be brought against individuals, organizations, or corporations. If you listened to

1:39.7

our season on the Chevron Equator case, you might remember that Chevron successfully sued U.S.

1:45.0

Attorney Stephen Donziger under Rico. This time, the complaint flows the other way, alleging that

1:50.4

the global oil majors, their trade associations, and a network of dark money funded think tanks

1:56.4

and operatives were part of an organized conspiracy to mislead the public on climate change,

2:02.4

resulting in a multitude of damages. The plaintiffs in this case are 16 municipalities in the

2:08.5

Commonwealth of Puerto Rico that suffered tremendous damage when Hurricane Maria hit and are

2:14.2

staring down the barrel of more intense and more frequent hurricanes for the foreseeable future, as we saw

2:20.6

recently with Hurricane Fiona. I started following this case three years ago and went to Puerto Rico in

2:27.1

2019 with Attorney Melissa K. Sims. Sims is Senior Counsel for the plaintiffs law firm Milberg,

2:34.4

which also handled several of the opioid Rico cases. In fact, Sims originally went to Puerto Rico

...

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