Climate Data As Memory, Truce, and Target

Total Page:16

File Type:pdf, Size:1020Kb

Climate Data As Memory, Truce, and Target 2 KNOWLEDGE INFRASTRUCTURES UNDER SIEGE Climate data as memory, truce, and target Paul N. Edwards Introduction Data politics are not really about data per se. Instead, the ultimate stakes of how data are collected, stored, shared, altered, and destroyed lie in the quality of the knowledge they help to produce. The value of knowledge depends on trust in the infrastructures that create it, which themselves depend on trusted data. “Trust” and “truth” are closely related English words, and both are strongly connected to the “truce” of my title. Indeed, etymologically “true” and “truce” are in fact the same word.1 This chapter argues that both trust in climate knowledge infrastructures and the truth they deliver descend from the truces necessary to share and maintain climate data—all of them heavily contested in the contemporary United States. The partial success of climate change denialism stems, in large part, from the recent arrival of what I call “hypertransparency”: open data, open code, com- modity software tools, and alternative publication venues have quite suddenly upended truces painstakingly built over multiple centuries. Not only climate knowledge, but virtually all scientific knowledge of public concern is affected by this transformation. My title derives from Nelson and Winter’s theory of organizational routines in An Evolutionary Theory of Economic Change (1982). In large organizations, Nelson and Winter posited, routines serve three critical purposes. First, they hold the organiza- tion’s knowledge, storing organizational memory even as individual employees come and go. Argote (1999) later argued that automating routines transfers organizational knowledge to machines, a line of reasoning readily extended to many kinds of algorithms. Second, routines and technologies constitute a de facto truce among individuals and organizational elements whose goals and interests conflict. Routines, machines, and algorithms may incorporate workarounds and exception-handling 22 Paul N. Edwards procedures, and organizational culture can evolve to tolerate failures, delays, and protests (up to a point). Finally, routines, machines, and algorithms function as tar- gets, in two senses. First, they embody the organization’s aims and goals. Second, they serve as patterns or templates for managing new systems. Nelson and Winter’s paradigm cases were factories and corporations, but their theory fits most organizational contexts. It can be extended to encompass routines that cross organizational boundaries, as is typical in the case of infrastructures (Edwards et al. 2007). In the first part of this chapter, I show how the routines, machines, and algorithms of climate data systems fit Nelson and Winter’s paradigm of memory, truce, and target. Against this background, I then engage a much less benign sense of the word “target”—namely, “an object aimed at in shooting”—in the context of aggressive assaults on environmental knowledge infrastructures in the contemporary United States. These attacks seek to dismantle the very sources of climate knowledge by defunding crucial instruments, satellites, and data analysis programs. “Long data” and environmental knowledge Some kinds of environmental knowledge, such as the monitoring of weather, water quality, air pollution, or seismic activity, concern what is happening in the present, often with a view to short-term prediction (hours to days). Many such systems col- lect “big data,” e.g. from satellites or large sensor networks. As environmental data make their way into archives, they become “long data” (Arbesman 2013). Long data enable scientists to track and understand environmental change. Memory: environmental data and data models Enduring, carefully curated collections of long data—scientific memory—are therefore among the most valuable resources of modern environmental science. Such collections require continual maintenance. Over time, all kinds of things change about how data are collected. Instruments and sensors get out of calibra- tion, or are replaced with newer models with different characteristics. New human observers, new standards, new organizations, and new methods replace predeces- sors. National boundaries and political systems also change, sometimes with effects on data-collecting practices (Edwards 2010; Gitelman 2013). Such changes nearly always affect the relationship of today’s data to those recorded in the past. If a new digital thermometer (say) systematically reads 0.2°C higher than a previous model, this is because the instruments differ, not because the air tempera- ture has actually changed. To keep the long-term record consistent, scientists must adjust data to take account of these shifts. In the simple case just mentioned, when graphing temperature change over time, they might add 0.2°C to all readings taken by the older instrument. Far from falsifying data, this practice actually “truthifies” the long-term record. Adjusting data was once a manual routine; today it is usually han- dled by computerized algorithms. I often call such algorithms “data models,” because they encode models of how different instruments or data sources relate to each other. Knowledge infrastructures under siege 23 In addition, many environmental sensing instruments, such as those flown on satellites, produce data that require interpretation by algorithms before they can be used for most purposes. Since data analysis algorithms change—often but not always for the better—data interpreted with older algorithms must be continu- ally re-interpreted using newer ones. For example, many major satellite data sets are “versioned,” or re-issued after reprocessing with revised algorithms. At this writing, the 35-year record of tropospheric temperatures from satellite-mounted microwave sounding units is on version 6, with multiple minor releases between major ones (Spencer, Christy, and Braswell 2017). Routines for homogenizing data—whether enacted by people, machines, or algorithms—embody scientific organizations’ memory of how their data were previously created, just as Nelson and Winter argued. Perhaps counterintuitively, this ongoing adjustment—and revisions of the techniques used to make those adjustments—proves critical to maintaining and even improving the integrity of the long-term record. Different versions of data sets often, though not always, converge on similar results as analysis techniques improve. Further improvement— i.e., further revision, potentially reversing previous convergence—is almost always possible, and no data set is ever entirely definitive. InA Vast Machine (2010), I called this phenomenon “shimmering data.” Truce: keeping things running Nelson and Winter’s idea of routines as truces among conflicting groups and goals appears very clearly in the record of many environmental data systems. An extreme example of one such truce: even during the Cuban Missile Crisis in 1962, the weather services of Cuba, the USSR, and the United States continued to exchange weather data (Schatz 1978). With only a few exceptions, from the late 19th century to the present only actual war interrupted the routine flow of meteorological data among national weather services—even those of pariah states such as North Korea. When a scientific field depends on data from many sources, such as the weather services of the world’s 190-plus nations, conflicts among the various contributors are almost inevitable. In meteorology, such conflicts have occurred over observing hours, temperature and pressure scales, instrument placement, instrument housings, methods of calculating averages, reporting deadlines, and many other details of exactly when, where, and how observational data are taken and recorded. To share data in any meaningful way, these differences must be reconciled (Bowker 2000; 2005). Before computers, this was done primarily by standard-setting and laborious post hoc calculation; after computers, algorithms took over the calculations. The dramatic advance of the environmental and geosciences resulted in large part from routines-as-truces surrounding data. In meteorology, merchant ships from many nations began keeping standardized weather logs in the 1850s; these logs represented a truce among nations that used different temperature scales and other norms. The International Meteorological Organization, formed in the 1870s, 24 Paul N. Edwards promoted common standards and data sharing (Daniel 1973). The World Data Centers established during the 1957–58 International Geophysical Year, at the height of the Cold War, today remain critical institutions supporting virtually all of the geosciences: soil, solid Earth, climate, oceanography, and others (Aronova 2017; International Council of Scientific Unions 2016). Examples are easily multiplied. Target: routines and technologies as patterns for new systems By representing the new and unfamiliar in terms of something old and well understood, the page, file folder, and wastebasket icons of modern comput- ers helped enable the transition from paper-based office information systems. Similarly, Nelson and Winter argued that when organizations confront new needs, they use their existing routines as “targets” for the design of new ones. In just this way, existing data handling routines serve as targets when new data sources become available. For example, satellite radiometers can measure atmospheric temperature, but they do so in a very different way from instruments that work by direct con- tact with the atmosphere, such as the thermometers carried on weather
Recommended publications
  • Supreme Court of the United States
    No. 18-1451 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- NATIONAL REVIEW, INC., Petitioner, v. MICHAEL E. MANN, Respondent. --------------------------------- --------------------------------- On Petition For A Writ Of Certiorari To The District Of Columbia Court Of Appeals --------------------------------- --------------------------------- MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE AND BRIEF OF AMICUS CURIAE SOUTHEASTERN LEGAL FOUNDATION IN SUPPORT OF PETITIONER --------------------------------- --------------------------------- KIMBERLY S. HERMANN HARRY W. MACDOUGALD SOUTHEASTERN LEGAL Counsel of Record FOUNDATION CALDWELL, PROPST & 560 W. Crossville Rd., Ste. 104 DELOACH, LLP Roswell, GA 30075 Two Ravinia Dr., Ste. 1600 Atlanta, GA 30346 (404) 843-1956 hmacdougald@ cpdlawyers.com Counsel for Amicus Curiae June 2019 ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM 1 MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE Pursuant to Supreme Court Rule 37.2, Southeast- ern Legal Foundation (SLF) respectfully moves for leave to file the accompanying amicus curiae brief in support of the Petition. Petitioner has consented to the filing of this amicus curiae brief. Respondent Michael Mann has withheld consent to the filing of this amicus curiae brief. Accordingly, this motion for leave to file is necessary. SLF is a nonprofit, public interest law firm and policy center founded in 1976 and organized under the laws of the State of Georgia. SLF is dedicated to bring- ing before the courts issues vital to the preservation of private property rights, individual liberties, limited government, and the free enterprise system. SLF regularly appears as amicus curiae before this and other federal courts to defend the U.S. Consti- tution and the individual right to the freedom of speech on political and public interest issues.
    [Show full text]
  • December 12, 2015
    The Week That Was: 2015-12-12 (December 12, 2015) Brought to You by SEPP (www.SEPP.org) The Science and Environmental Policy Project ################################################### Quote of the Week: “The prudent man always studies seriously and earnestly to understand whatever he professes to understand, and not merely to persuade other people that he understands it; and though his talents may not always be very brilliant, they are always perfectly genuine. He neither endeavours to impose upon you by the cunning devices of an artful impostor, nor by the arrogant airs of an assuming pedant, nor by the confident assertions of a superficial and impudent pretender.” Adam Smith The Theory of Moral Sentiments (1759) ################################################### Number of the Week: 3 Times and 4 Times ################################################### Dear Subscriber to The Week That Was, As you know, support for the Science and Environmental Policy Project (SEPP) comes entirely from private donations; we do not solicit support from industry or government. Therefore, we can honestly claim that we are not beholden to anyone and that our writings are clear from any outside influence. We are also proud of the fact that SEPP is frugal: no fancy offices, no employees, no salaries paid to anyone; in fact, we donate book royalties and lecture fees to SEPP. The past few years have been very productive: In collaboration with like-minded groups, we produced hard-hitting comments for the record and provided scientific testimony on proposed Federal climate and energy policy. We expect this material to surface in future litigation over excessive regulation. In 2016, we plan to be very active in upcoming litigation over Federal regulations that are not supported by empirical science.
    [Show full text]
  • A Prediction Market for Climate Outcomes
    Florida State University College of Law Scholarship Repository Scholarly Publications 2011 A Prediction Market for Climate Outcomes Shi-Ling Hsu Florida State University College of Law Follow this and additional works at: https://ir.law.fsu.edu/articles Part of the Environmental Law Commons, Law and Politics Commons, Natural Resources Law Commons, and the Oil, Gas, and Mineral Law Commons Recommended Citation Shi-Ling Hsu, A Prediction Market for Climate Outcomes, 83 U. COLO. L. REV. 179 (2011), Available at: https://ir.law.fsu.edu/articles/497 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Scholarly Publications by an authorized administrator of Scholarship Repository. For more information, please contact [email protected]. A PREDICTION MARKET FOR CLIMATE OUTCOMES * SHI-LING HSU This Article proposes a way of introducing some organization and tractability in climate science, generating more widely credible evaluations of climate science, and imposing some discipline on the processing and interpretation of climate information. I propose a two-part policy instrument consisting of (1) a carbon tax that is indexed to a “basket” of climate outcomes, and (2) a cap-and- trade system of emissions permits that can be redeemed in the future in lieu of paying the carbon tax. The amount of the carbon tax in this proposal (per ton of CO2) would be set each year on the basis of some objective, non-manipulable climate indices, such as temperature and mean sea level, and also on the number of certain climate events, such as flood events or droughts, that occurred in the previous year (or some moving average of previous years).
    [Show full text]
  • Volume 3: Process Issues Raised by Petitioners
    EPA’s Response to the Petitions to Reconsider the Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the Clean Air Act Volume 3: Process Issues Raised by Petitioners U.S. Environmental Protection Agency Office of Atmospheric Programs Climate Change Division Washington, D.C. 1 TABLE OF CONTENTS Page 3.0 Process Issues Raised by Petitioners............................................................................................5 3.1 Approaches and Processes Used to Develop the Scientific Support for the Findings............................................................................................................................5 3.1.1 Overview..............................................................................................................5 3.1.2 Issues Regarding Consideration of the CRU E-mails..........................................6 3.1.3 Assessment of Issues Raised in Public Comments and Re-Raised in Petitions for Reconsideration...............................................................................7 3.1.4 Summary............................................................................................................19 3.2 Response to Claims That the Assessments by the USGCRP and NRC Are Not Separate and Independent Assessments.........................................................................20 3.2.1 Overview............................................................................................................20 3.2.2 EPA’s Response to Petitioners’
    [Show full text]
  • Statement of Undisputed Facts
    SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION ) MICHAEL E. MANN, PH.D., ) ) Plaintiff, ) ) Case No. 2012 CA 008263 B v. ) Judge Alfred S. Irving, Jr. ) NATIONAL REVIEW, INC., et al., ) ) Defendants. ) ) STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT STEYN’S MOTION FOR SUMMARY JUDGMENT Defendant Mark Steyn submits the following Statement of Undisputed Material Facts in support of his Motion for Summary Judgment. Mark Steyn’s July 15, 2012 Blog Post 1. On July 15, 2012, Mark Steyn posted a blog titled “Football and Hockey” on National Review’s online blog “The Corner” (“the Steyn Post”) to National Review Online. See Mark Steyn, Football and Hockey, National Review Online, July 15, 2012, https://www.nationalreview.com/corner/football-and-hockey-mark-steyn/. 2. The Steyn Post states, in full: In the wake of Louis Freeh’s report on Penn State’s complicity in serial rape, Rand Simberg writes of Unhappy Valley’s other scandal: I’m referring to another cover up and whitewash that occurred [at Penn State] two years ago, before we learned how rotten and corrupt the culture at the university was. But now that we know how bad it was, perhaps it’s time that we revisit the Michael Mann affair, particularly given how much we’ve also learned about his and others’ hockey-stick deceptions since. Mann could be said to be the Jerry Sandusky of climate science, except that instead of molesting children, he has molested and tortured data in the service of politicized science that could have dire economic consequences for the nation and planet.
    [Show full text]
  • Red Lines & Hockey Sticks
    Red Lines & Hockey Sticks A discourse analysis of the IPCC’s visual culture and climate science (mis)communication Thomas Henderson Dawson Department of ALM Theses within Digital Humanities Master’s thesis (two years), 30 credits, 2021, no. 5 Author Thomas Henderson Dawson Title Red Lines & Hockey Sticks: A discourse analysis of the IPCC’s visual culture and climate science (mis)communication. Supervisor Matts Lindström Abstract Within the climate science research community there exists an overwhelming consensus on the question of climate change. The scientific literature supports the broad conclusion that the Earth’s climate is changing, that this change is driven by human factors (anthropogenic), and that the environmental consequences could be severe. While a strong consensus exists in the climate science community, this is not reflected in the wider public or among poli- cymakers, where sceptical attitudes towards anthropogenic climate change is much more prevalent. This discrep- ancy in the perception of the urgency of the problem of climate change is an alarming trend and likely a result of a failure of science communication, which is the topic of this thesis. This paper analyses the visual culture of climate change, with specific focus on the data visualisations com- prised within the IPCC assessment reports. The visual aspects of the reports were chosen because of the prioriti- sation images often receive within scientific communication and for their quality as immutable mobiles that can transition between different media more easily than text. The IPCC is the central institutional authority in the climate science visual discourse, and its assessment reports, therefore, are the site of this discourse analysis.
    [Show full text]
  • SUPERIOR COURT of the DISTRICT of COLUMBIA CIVIL DIVISION MICHAEL E. MANN, PH.D., Plaintiff, V. NATIONAL REVIEW, INC., Et Al., D
    SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION ) MICHAEL E. MANN, PH.D., ) ) Case No. 2012 CA 008263 B Plaintiff, ) ) Judge Natalia Combs Greene v. ) ) Next event: Initial Scheduling Conference NATIONAL REVIEW, INC., et al., ) January 25, 2013 ) Defendants. ) ) DEFENDANTS COMPETITIVE ENTERPRISE INSTITUTE AND RAND SIMBERG’S SPECIAL MOTION TO DISMISS PURSUANT TO THE D.C. ANTI-SLAPP ACT Pursuant to the District of Columbia Anti-SLAPP Act of 2010, D.C. Code § 16 -5502(a) (“the D.C. Anti-SLAPP Act” or “the Act”), Defendants Competitive Enterprise Institute and Rand Simberg (“CEI Defendants”) respectfully move for an order dismissing the Complaint’s claims against them with prejudice. As set forth in the accompanying memorandum, the CEI Defendants’ commentary on Plaintiff Michael E. Mann’s research and Penn State’s investigation of his research is protected by the D.C Anti-SLAPP Act because it is unquestionably an “act in furtherance of the right of advocacy on issues of public interest,” D.C. Code § 16-5502(a), and Mann cannot demonstrate that his claims are “likely to succeed on the merits,” D.C. Code § 16-5502(b). In the event that this Motion is granted, the CEI Defendants reserve the right to file a motion seeking an award of the costs of this litigation, including attorneys’ fees, pursuant to D.C. Code § 16-5504(a). WHEREFORE, the CEI Defendants respectfully request that the Court grant their Special Motion to Dismiss and enter judgment in their favor dismissing the Complaint’s claims against Defendants Competitive Enterprise Institute and Rand Simberg with prejudice.
    [Show full text]
  • Amicus Curiae Dr
    Nos. 14-CV-101 & 14-CV-126 IN THE DISTRICT OF COLUMBIA COURT OF APPEALS ________________________________ COMPETITIVE ENTERPRISE INSTITUTE, ET AL., Defendants-Appellants, and NATIONAL REVIEW, INC., Defendant-Appellant, v. MICHAEL E. MANN, PH.D., Plaintiff-Appellee. ________________________________ On Appeal from the Superior Court of the District of Columbia Civil Division, No. 2012 CA 008263 B ________________________________ BRIEF OF AMICUS CURIAE DR. JUDITH A. CURRY IN SUPPORT OF APPELLANTS’ PETITIONS FOR REHEARING OR REHEARING EN BANC ________________________________ John J. Vecchione (D.C. Bar. #431764) Counsel of Record R. James Valvo, III CAUSE OF ACTION INSTITUTE 1875 Eye Street, NW, Suite 800 Washington, DC 20006 (202) 499-4232 [email protected] Counsel for Amicus Curiae January 25, 2017 TABLE OF CONTENTS TABLE OF AUTHORITIES ................................................................................... iii INTEREST OF AMICUS CURIAE ............................................................................ 1 INTRODUCTION AND SUMMARY OF ARGUMENT ........................................ 2 ARGUMENT ............................................................................................................. 3 I. SCIENTIFIC NORMS AND FIRST AMENDMENT JURISPRUDENCE BOTH EMBRACE THE VIEW THAT ROBUST DEBATE IS CRUCIAL TO TRUTH, PROGRESS, AND DEMOCRATIC GOVERNANCE. ................................................ 3 II. THIS COURT SHOULD NOT ALLOW DR. MANN TO USE LAWSUITS AS ANOTHER WEAPON TO HARASS AND SILENCE HIS
    [Show full text]
  • Motivated Reasoning and Conspiracy Ideation in the Rejection of Climate Change
    University of Central Florida STARS Electronic Theses and Dissertations, 2004-2019 2015 It's a Conspiracy: Motivated Reasoning and Conspiracy Ideation in the Rejection of Climate Change Nikilaus Wycha University of Central Florida Part of the Sociology Commons Find similar works at: https://stars.library.ucf.edu/etd University of Central Florida Libraries http://library.ucf.edu This Masters Thesis (Open Access) is brought to you for free and open access by STARS. It has been accepted for inclusion in Electronic Theses and Dissertations, 2004-2019 by an authorized administrator of STARS. For more information, please contact [email protected]. STARS Citation Wycha, Nikilaus, "It's a Conspiracy: Motivated Reasoning and Conspiracy Ideation in the Rejection of Climate Change" (2015). Electronic Theses and Dissertations, 2004-2019. 1263. https://stars.library.ucf.edu/etd/1263 IT'S A CONSPIRACY: MOTIVATED REASONING AND CONSPIRACY IDEATION IN THE REJECTION OF CLIMATE CHANGE by NIKILAUS WYCHA B.A. University of Central Florida 2013 A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Sociology in the College of Sciences at the University of Central Florida Orlando, Florida Summer Term 2015 Major Professor: Amanda Anthony © 2015 Nikilaus Wycha ii ABSTRACT A large disconnect exists between the general public's acceptance of human-caused climate change and the prevailing consensus of actively publishing scientists. Previous research has examined both political and economic motivated reasoning, media influence in print and television, conspiracy ideation as a predictor of science rejection, and the role of the social construction of scientific knowledge in science rejection.
    [Show full text]
  • The People Versus the Climate Research Unit (CRU) by Willis Eschenbach
    The People Versus the Climate Research Unit (CRU) by Willis Eschenbach As far as I know, I am the person who made the original Freedom Of Information Act to CRU that started getting all this stirred up. I was trying to get access to the taxpayer funded raw data out of which they built the global temperature record. I was not representing anybody, or trying to prove a point. I am not funded by Mobil, I’m an amateur scientist with a lifelong interest in the weather and climate. I’m not "directed" by anyone, I’m not a member of a right-wing conspiracy. I’m just a guy trying to move science forwards. People seem to be missing the real issue in the discussion of the hacked CRU climate emails. Gavin Schmidt over at RealClimate keeps distracting people by saying the issue is the scientists being nasty to each other, and what Trenberth said, and the Nature "trick", and the like. Those are side trails that he would like people to follow. To me, the main issue is the frontal attack on the heart of science, which is transparency. Science works by one person making a claim, and backing it up with the data and methods that they used to make the claim. Other scientists then attack the claim by (among other things) trying to replicate the first scientist’s work. If they can’t replicate it, it doesn’t stand. So blocking my Freedom of Information request for his data allowed Phil Jones to claim that his temperature record was valid science, even though it has never been scientifically examined.
    [Show full text]
  • Scientists and Sceptics: Blogs, Climate Science and Reproducible Research
    Scientists and Sceptics: blogs, climate science and reproducible research David Nichols Department of Computer Science University of Waikato Hamilton, New Zealand Scientists and Sceptics: blogs, climate science and reproducible research or Watching the sceptics attack the global warming consensus by accusing climate scientists of not being proper scientists or Blogs I’ve been reading for the past few years A longitudinal ethnographic observation of a networked community of practice Data Communities (TDCT) • Starbucks – 1. regular user, no talk, usual drink , not part of community – 2. meet colleague, use their infrastructure, not part of community, bring my own community, library-like • Cheers – Talk to customers and bartenders, serendipities • Gary’s Old Towne Tavern – Access same beer/data – Hate the Cheers community, think they are wrong Topic Overview • Global warming science • Sceptic Community: development & activities • Data and code access • Data quality detectives • Citizen scientists/sceptics: surfacestations.org • Who is in control of the data? • Reproducible research – Replicate or validate or verify or audit The start: MBH98 and MBH99 • Mann, M.E., Bradley, R.S. and Hughes, M.K., 1998. “Global-Scale Temperature Patterns and Climate Forcing Over the Past Six Centuries”, Nature, 392, 779-787. (GS: 815 cites) • Mann, M.E., Bradley, R.S. and Hughes, M.K. 1999. “Northern Hemisphere Temperatures During the Past Millennium: Inferences, Uncertainties, and Limitations”, Geophysical Research Letters, 26, 759-762. (GS: 811 cites) Intergovernmental Panel on Climate Change (IPCC) Third Assessment Report, 2001, Summary for Policy Makers, Figure 1b, pg 3 HS in An Inconvenient Truth http://www.climateaudit.org/wp-content/uploads/2007/11/gore_a1.jpg AIT DVD Faulty y-axis labelling is corrected in the book version http://www.climateaudit.org/wp-content/uploads/2007/11/gore_a2.jpg Gore, A.
    [Show full text]
  • Supreme Court of the United States
    Nos. 18-1451 & 18-1477 IN THE Supreme Court of the United States NATIONAL REVIEW, INC., Petitioner, v. MICHAEL E. MANN, Respondent. –––––––––––––––––––––––––––––– COMPETITIVE ENTERPRISE INSTITUTE, et al., Petitioners, v. MICHAEL E. MANN, Respondent. ON PETITIONS FOR WRITS OF CERTIORARI TO THE DISTRICT OF COLUMBIA COURT OF AppEALS BRIEF OF AMICUS CURIAE STEPHEN MCINTYRE IN SUPPORT OF PETITIONERS J. MICHAEL CONNOLLY PATRICK STRAWBRIDGE CONSOVOY MCCARTHY PLLC Counsel of Record 1600 Wilson Blvd., Suite 700 CONSOVOY MCCARTHY PLLC Arlington, VA 22209 Ten Post Office Square (703) 243-9423 8th Floor South PMB #706 Boston, MA 02109 (617) 227-0548 [email protected] Attorneys for Amicus Curiae July 5, 2019 289353 i TABLE OF CONTENTS Page TABLE OF CONTENTS..........................i TABLE OF CITED AUTHORITIES .............. ii IDENTITY AND INTEREST OF AMICUS CURIAE ............................1 INTRODUCTION AND SUMMARY OF ARGUMENT .................................2 ARGUMENT....................................3 I. The Court of Appeals’ Decision Depends on Its Incorrect Characterization of the Governmental Reports Purporting to Exonerate Mann .........................3 A. Mann’s Conduct Is The Subject Of Numerous Controversies ................3 B. The Court of Appeals Overstated the Reports’ Scope and Reliability ...........7 1. The Penn State Reports .............8 2. The Parliamentary Report ..........10 3. The Muir Russell Report ...........11 4. The National Science Foundation Inspector General Report...........12 CONCLUSION .................................15 ii TABLE OF CITED AUTHORITIES Page Cases Bose Corp. v. Consumers Union of U.S., Inc., 466 U.S. 485 (1984)............................14 Dennis v. United States, 341 U.S. 494 (1951) ............................14 Harte-Hanks Commc’ns, Inc. v. Connaughton, 491 U.S. 657 (1989) .............................2 Other Authorities A. Regalado, “In Climate Debate, The ‘Hockey Stick’ Leads to a Face-Off,” Wall Street Journal (Feb.
    [Show full text]