Scientists and Sceptics: Blogs, Climate Science and Reproducible Research

Total Page:16

File Type:pdf, Size:1020Kb

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. (2006) An Inconvenient Truth: The Planetary Emergency of Global Warming and What We Can Do About It. • “But as Dr Thompson's thermometer shows, the vaunted Medieval Warm Period (the third little red blip from the left below) was tiny in comparison to the enormous increases in temperature in the last half-century - the red peaks at the far right of the graph. These global-warming skeptics - a group diminishing almost as rapidly as the mountain glaciers - launched a fierce attack against another measurement of the 1000 year correlation between CO2 and temperature known as the "hockey stick", a graphic image representing the research of climate scientist Michael Mann and his colleagues. But in fact scientists have confirmed the same basic conclusions in multiple ways with Thompson's ice core record as one of the most definitive.” http://www.climateaudit.org/?p=2328 • “It turns out that the Gore Hockey Stick has not derived from Thompson data at all; what it represents is a splicing of the MBH99 reconstruction (taken to 10-year averages) and a version of the CRU temperature history overlaid directly and merged with the MBH99 reconstruction. Thus the confirmation of MBH99 is ironically MBH99 itself.” http://www.climateaudit.org/?p=2335 Sceptics’ Viewpoint • The AIT incident is typical: – ‘Consensus’ science (deliberately) misrepresents and overstates the (AGW) science – Computer models are full of unrealistic assumptions – Data selection is partial and biased – Temperature records are unreliable – Temperature proxy records are unreliable – IPCC process is basically a (biased) literature review – Climate scientists are poor statisticians • many ‘results’ are not actually results and are artifacts of dubious statistical methodology and ... • Many of the important results are – Not reproducible • Due to: – Poor methodological descriptions – Poor data descriptions – Lack of data sharing – Lack of code sharing – ‘club’ attitude which is biased against those who disagree with the consensus • Reviewing, data access In economics: • “the book by Giles and Tedds (2002) estimated the size of the Canadian underground economy to be 3.4% of GDP in 1976, rising to 15.6% in 1995. The policy implications of such a result are staggering. Yet, when this work was reanalyzed and replicated, it was found that ‘the overall level of their estimates is a result of numerical accidents’ (Breusch 2005). The experiences of economists who have sought to replicate published research suggest that Panglossian faith in economists’ commitment to the scientific method is unwarranted.” – Anderson et al (2008) Scientists’ Viewpoint • Warming of the climate system is unequivocal, as is now evident from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice and rising global average sea level – IPCC 2007 • And virtually all that happens on the sceptic blogosphere is irrelevant, uniformed etc. Sub-topics • Climate Audit blog – origin and sample issues • Data Detectives – finding errors in data sets • Access to data/code – archiving, IP, FoI • Data Misuse – poss. examples of data/code misuse • Citizen science – surfacestations project • More data access examples (journals) • UHI data fraud allegations • CA post title sampling Climate Audit blog www.climateaudit.org Steve McIntyre • MBH ‘Hockey Stick’ – Used by IPCC, AIT and many others • In 2003 he emailed Mann Hockey Stick as backdrop to to get a copy of MBH98 IPCC press conference proxy data http://images.ctv.ca/archives/CTVNews/img2/20070815/160_to_blogger_070815.jpg 2003 http://www.climateaudit.org/?p=3099 Michael Mann (Penn State) • “All of the proxy data (tree- rings, coral, ice cores, and historical documents) used in Mann et al. (1998) has been available since May 2000 on this public website: Link rot note: Mann ftp://holocene.evsc.virginia.e moved to Penn State so all the Virginia URLs du/pub/MBH98” are dead http://holocene.meteo.psu.edu/Mann/home/mann_treering.jpg Mann (2005) http://www.realclimate.org/Mann_response_to_Barton.pdf Bitter dispute about data access • “The spreadsheet file they used was a complete distortion of the actual Mann et. al. proxy data set, and was essentially useless, particularly in the earlier centuries. The authors had access to the full data, which has been available on a public ftp site for nearly two years” - Mann • “It is self-evident that Mann’s comments are a pastiche of false statements. (1) We requested an FTP location, not an Excel spreadsheet. (2) The FTP site location is anonymous. At no point prior to the identification of the FTP site on Oct. 29, 2003 by David Appell, was the site identified for us nor did we have access to the full data. ” - McIntyre & McKitrick – Mis-use of ‘anonymous’ to mean unidentified http://www.uoguelph.ca/~rmckitri/research/MM-nov12-part1.pdf So • Data/code was not archived at publication with Nature (though there was an SI) – or in a single coherent location elsewhere – or for 5 years after (or 2 years) • Depending on who you believe • No-one had asked for the data before – From the authors • No-one had replicated MBH98 – Using the original data or code • ftp://holocene.evsc.virginia.edu/pub/MBH98/TREE/ITRDB/NOAMER/pca- noamer.f • “The question presumes that in order to replicate scientific research, a second researcher has to have access to exactly the same computer program (or “code”) as the initial researcher. This premise is false. The key to replicability is unfettered access to all of the underlying data and methodologies used by the first researcher” Mann (2005) http://www.realclimate.org/Mann_response_to_Barton.pdf Mann “It also bears emphasis that my computer program is a private piece of intellectual property, as the National Science Foundation and its lawyers recognized ... Whether I make available my computer programs is irrelevant to whether our results can be reproduced. And whether I make my computer programs publicly available or not is a decision that is mine alone to make.” C Back transformation IF (NU .EQ. 0) GO TO 510 DO 500 KK=1,N K=N1-KK IF (B(K) .EQ. zero) GO TO 500 Q=-A(K,K)/CdABS(A(K,K)) DO 460 J=1,NU 460 U(K,J)=Q*U(K,J) DO 490 J=1,NU Q=dcmplx(zero,zero) DO 470 I=K,M 470 Q=Q+dCONJG(A(I,K))*U(I,J) Q=Q/(CdABS(A(K,K))*B(K)) DO 480 I=K,M 480 U(I,J)=U(I,J)-Q*A(I,K) 490 CONTINUE Excerpt from: http://holocene.meteo.psu.edu/shared/research/MANNETAL98/METHODS/multiproxy.f “And neither McIntyre nor McKitrick is a trained climate scientist. According to the biographical data on their websites, Mr. McIntyre is a mining industry executive with no formal training in any discipline related to climate research and Mr. McKitrick is an economist with no scientific training, hardly credentials that lend force to their academic arguments” Mann response to Barton Data access dispute • V. Complicated • Lots of heat and light – and little clarity • Dispute about both data and code – Accusations of incomplete and data containing errors – Lack of code access – Code implementation not matching the description in the code – “More importantly for efforts to verify MBH98, the files pcproxy.txt and pcproxy.mat show that collation errors were embedded at Professor Mann’s UVA site long before our request for data” M & M Archive Malleability Accusations • “On November 8, 2003, we re-visited this site and discovered the following changes: (1) the file pcproxy.mat had been deleted from Mann’s FTP site; (2) the file pcproxy.txt no longer was displayed under the directory, although it could still be retrieved through an exact call if one knew the exact file name; (3) without any notice, a new file named “mbhfilled.mat” was inserted into the directory.” Materials Complaint to Nature “We have sought such clarification from Professor Mann without success. With reference to the policies stated at http://www.nature.com/nature/submit/polici es/index.html, in particular item number 6, we are writing to advise you of a persistent refusal to comply with the guidelines and other issues.” Nov 2003 http://www.climateaudit.org/correspondence/nature.031117.htm “..
Recommended publications
  • Andrew Montford's the Hockey Stick Illusion Is One of the Best Science
    Andrew Montford‘s The Hockey Stick Illusion is one of the best science books in years. It exposes in delicious detail, datum by datum, how a great scientific mistake of immense political weight was perpetrated, defended and camouflaged by a scientific establishment that should now be red with shame. It is a book about principal components, data mining and confidence intervals—subjects that have never before been made thrilling. It is the biography of a graph. I can remember when I first paid attention to the ―hockey stick‖ graph at a conference in Cambridge. The temperature line trundled along with little change for centuries, then shot through the roof in the 20th century, like the blade of an ice-hockey stick. I had become somewhat of a sceptic about the science of climate change, but here was emphatic proof that the world was much warmer today; and warming much faster than at any time in a thousand years. I resolved to shed my doubts. I assumed that since it had been published in Nature—the Canterbury Cathedral of scientific literature—it was true. I was not the only one who was impressed. The graph appeared six times in the Intergovernmental Panel on Climate Change (IPCC)‘s third report in 2001. It was on display as a backdrop at the press conference to launch that report. James Lovelock pinned it to his wall. Al Gore used it in his film (though describing it as something else and with the Y axis upside down). Its author shot to scientific stardom. ―It is hard to overestimate how influential this study has been,‖ said the BBC.
    [Show full text]
  • 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]
  • (November 12, 2011) Brought to You by SEPP ( the Science and Environmental Policy Project
    The Week That Was: 2011-11-12 (November 12, 2011) Brought to You by SEPP (www.SEPP.org) The Science and Environmental Policy Project ################################################### Climate Change Reconsidered: 2011 Interim Report S. Fred Singer, Craig Idso, Robert M. Carter – August 29, 2011 Published by Heartland Institute Summary: http://www.nipccreport.org/reports/2011/pdf/FrontMatter.pdf Chapter Review and Full Report http://www.nipccreport.org/reports/2011/2011report.html ################################################### Quote of the Week: “We do not believe any group of men adequate enough or wise enough to operate without scrutiny or without criticism. We know that the only way to avoid error is to detect it, that the only way to detect it is to be free to inquire. We know that in secrecy error undetected will flourish and subvert.” J. Robert Oppenheimer. ################################################### Number of the Week: 20,000 ################################################### THIS WEEK: By Ken Haapala, Executive Vice President, Science and Environmental Policy Project (SEPP) Trust but Verify: The above quote from Robert Oppenheimer highlights a desperately needed attitude in today’s society – including among academics and scientists. It is always too easy to go along and not question even when questions arise. Investigative reporting, such as Donna Laframboise’s exposé of the UN Intergovernmental Panel on Climate Change (IPCC), needed to be done years ago. Often presidents of universities are chosen more for the business acumen than other qualities. They may treat certain programs as profit centers and may prefer to ignore issues arising within these programs. This week, the President of Penn State University was fired for failure to properly supervise one highly successful program, its football program.
    [Show full text]
  • Ngeo170 Commentary.Indd
    COMMENTARY To blog or not to blog? GAVIN SCHMIDT is at the NASA Goddard Institute of Space Studies Columbia University 2880 Broadway, New York, New York 10025, USA; co-founder of RealClimate.org. e-mail: [email protected] Scientists know much more about their fi eld than is ever published in peer-reviewed journals. Blogs can be a good medium with which to disseminate this tacit knowledge. ike it or not, there are certain important from a quick skim of the lively. However, this kind of informal scientific areas, such as climate methodology, a figure or two and the second-stage peer review is vital to change, stem-cell research, principal results. Their experience the need to quickly process the vast genetic modification of food teaches them to pay little attention to amount of information being produced. L or evolution, that attract a the occasional piece of overreach in Scientists from all fields rely on it heavily disproportionate amount of public the last paragraph and to fill in the to make a first cut between the studies attention. This is usually because they are sometimes understated background. that are worth reading in more detail and perceived to have relevance for strongly By contrast, a lay person might focus those that aren’t. held ethical, economic, moral or political much more on the easy-to-understand Scientists writing in blogs can make beliefs. Scientific results in these fields ‘throwaway’ comments, and spend little this context available to anyone who is are therefore parsed extremely closely to time evaluating the usefulness of the interested.
    [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]
  • Tracking Climate Models
    TRACKING CLIMATE MODELS CLAIRE MONTELEONI*, GAVIN SCHMIDT**, AND SHAILESH SAROHA*** Abstract. Climate models are complex mathematical models designed by meteorologists, geo- physicists, and climate scientists to simulate and predict climate. Given temperature predictions from the top 20 climate models worldwide, and over 100 years of historical temperature data, we track the changing sequence of which model currently predicts best. We use an algorithm due to Monteleoni and Jaakkola that models the sequence of observations using a hierarchical learner, based on a set of generalized Hidden Markov Models (HMM), where the identity of the current best climate model is the hidden variable. The transition probabilities between climate models are learned online, simultaneous to tracking the temperature predictions. On historical data, our online learning algorithm's average prediction loss nearly matches that of the best performing climate model in hindsight. Moreover its performance surpasses that of the average model predic- tion, which was the current state-of-the-art in climate science, the median prediction, and least squares linear regression. We also experimented on climate model predictions through the year 2098. Simulating labels with the predictions of any one climate model, we found significantly im- proved performance using our online learning algorithm with respect to the other climate models, and techniques. 1. Introduction The threat of climate change is one of the greatest challenges currently facing society. With the increased threats of global warming, and the increasing severity of storms and natural disasters, improving our understanding of the climate system has become an international priority. This system is characterized by complex and structured phenomena that are imperfectly observed and even more imperfectly simulated.
    [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]