DOCSLIB.ORG

Open PDF File, 8.71 MB, for February 01, 2017 Appendix In

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 1 of 10 PageID 5923 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION EXXON MOBIL CORPORATION, § § Plaintiff, § v. § No. 4:16-CV-469-K § ERIC TRADD SCHNEIDERMAN, § Attorney General of New York, in his § official capacity, and MAURA TRACY § HEALEY, Attorney General of § Massachusetts, in her official capacity, § § Defendants. § APPENDIX IN SUPPORT OF EXXON MOBIL CORPORATION’S BRIEF IN SUPPORT OF THIS COURT’S PERSONAL JURISDICTION OVER THE DEFENDANTS Exhibit Description Page(s) N/A Declaration of Justin Anderson (Feb. 1, 2017) v – ix A Transcript of the AGs United for Clean Power App. 1 –App. 21 Press Conference, held on March 29, 2016, which was prepared by counsel based on a video recording of the event. The video recording is available at http://www.ag.ny.gov/press- release/ag-schneiderman-former-vice-president- al-gore-and-coalition-attorneys-general-across B E-mail from Wendy Morgan, Chief of Public App. 22 – App. 32 Protection, Office of the Vermont Attorney General to Michael Meade, Director, Intergovernmental Affairs Bureau, Office of the New York Attorney General (Mar. 18, 2016, 6:06 PM) C Union of Concerned Scientists, Peter Frumhoff, App. 33 – App. 37 http://www.ucsusa.org/about/staff/staff/peter- frumhoff.html#.WI-OaVMrLcs (last visited Jan. 20, 2017, 2:05 PM) Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 2 of 10 PageID 5924 Exhibit Description Page(s) D Union of Concerned Scientists, Smoke, Mirrors & App. 38 – App. 106 Hot Air: How ExxonMobil Uses Big Tobacco’s Tactics to Manufacture Uncertainty on Climate Science (2007) E Practice Areas, Pawa Law Group, P.C., App. 107 – App. 109 http://www.pawalaw.com/practice-areas (last visited Jan. 30, 2017, 2:10 PM) F Seth Shulman, Union of Concerned Scientists and App. 110 – App. 146 Climate Accountability Institute, Establishing Accountability for Climate Change Damages: Lessons from Tobacco Control (October 2012) G David Kaiser & Lee Wasserman, The Rockefeller App. 147 – App. 155 Family Fund Takes on ExxonMobil, The New York Review of Books (Dec. 22, 2016), http://www.nybooks.com/articles/2016/12/22/roc kefeller-family-fund-takes-on-exxon- mobil/?printpage=true H E-mail from Kenny Bruno to Lee Wasserman et App. 156 – App. 157 al. (January 5, 2016, 4:42 PM) I Alana Goodman, Memo Shows Secret App. 158 – App. 160 Coordination Effort Against ExxonMobil by Climate Activists, Rockefeller Fund, Wash. Free Beacon (Apr. 14, 2016, 5:00 PM) J E-mail from Lemuel Srolovic, Bureau Chief, App. 161 – App. 162 Environmental Protection Bureau, Office of the New York Attorney General, to Matthew Pawa, President, Pawa Law Group, P.C. (Mar. 30, 2016, 9:01 PM) K The New York Attorney General’s Subpoena to App. 163 – App. 181 ExxonMobil (Nov. 4, 2015) L Greenpeace, ExxonMobil Climate Denial App. 182 – App. 185 Funding 1998–2014, http://www.exxonsecrets.org/html/index.php (last visited Jan. 30, 2017, 2:19 PM) ii Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 3 of 10 PageID 5925 Exhibit Description Page(s) M The Massachusetts Attorney General’s Civil App. 186 – App. 215 Investigative Demand to ExxonMobil (Apr. 19, 2016) N Climate Change Coalition Common Interest App. 216 – App. 235 Agreement O Redacted e-mail from Lemuel Srolovic, Bureau App. 236 – App. 237 Chief, Environmental Protection Bureau, Office of the New York Attorney General, to Jack Balagia, Vice President and General Counsel, ExxonMobil (Nov. 4, 2015) P U.S. Energy Information Administration, App. 238 – App. 241 Rankings: Total Energy Production, 2014, https://www.eia.gov/state/rankings/#/series/101 (last visisted Jan. 30, 2017, 2:27 PM) Q Plea in Intervention of the States of Texas & App. 242 – App. 249 Alabama, Exxon Mobil Corp. v. Walker, No. 017- 284890-16 (Tex. Dist. Ct. May 16, 2016) R Secretary of the Commonwealth of App. 250 – App. 254 Massachusetts, ExxonMobil’s Massachusetts Registration Filing, http://corp.sec.state.ma.us/CorpWeb/CorpSearch/ CorpSummary.aspx?FEIN=135409005&SEARC H_TYPE=1 (last visited Jan. 30, 2017, 4:46 PM) iii Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 4 of 10 PageID 5926 Dated: February 1, 2017 EXXON MOBIL CORPORATION Patrick J. Conlon /s/ Ralph H. Duggins ([email protected]) Ralph H. Duggins State Bar No. 24054300 ([email protected]) (pro hac vice) State Bar No. 06183700 Daniel E. Bolia Philip A. Vickers ([email protected]) ([email protected]) State Bar No. 24064919 State Bar No. 24051699 1301 Fannin Street Alix D. Allison Houston, TX 77002 ([email protected]) (832) 624-6336 State Bar. No. 24086261 CANTEY HANGER LLP Theodore V. Wells, Jr. 600 W. 6th St. #300 (pro hac vice) Fort Worth, TX 76102 ([email protected]) (817) 877-2800 Michele Hirshman Fax: (817) 877-2807 (pro hac vice) ([email protected]) Nina Cortell Daniel J. Toal ([email protected]) (pro hac vice) State Bar No. 04844500 ([email protected]) HAYNES & BOONE, LLP PAUL, WEISS, RIFKIND, WHARTON & 2323 Victory Avenue GARRISON LLP Suite 700 1285 Avenue of the Americas Dallas, TX 75219 New York, NY 10019-6064 (214) 651-5579 (212) 373-3000 Fax: (214) 200-0411 Fax: (212) 757-3990 Justin Anderson (pro hac vice) ([email protected]) PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 2001 K Street, NW Washington, D.C. 20006-1047 (202) 223-7300 Fax: (202) 223-7420 Counsel for Exxon Mobil Corporation iv Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 5 of 10 PageID 5927 CERTIFICATE OF SERVICE This is to certify that on this 1st day of February 2017, a true and correct copy of the foregoing document was filed electronically via the CM/ECF system, which gave notice to all counsel of record pursuant to Local Rule 5.1(d). /s/ Ralph H. Duggins RALPH H. DUGGINS iv-a Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 6 of 10 PageID 5928 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION EXXON MOBIL CORPORATION, § § Plaintiff, § § v. § No. 4:16-CV-469-K § ERIC TRADD SCHNEIDERMAN, § Attorney General of New York, in his § official capacity, and MAURA TRACY § HEALEY, Attorney General of § Massachusetts, in her official capacity, § § Defendants. § DECLARATION OF JUSTIN ANDERSON I, Justin Anderson, declare as follows: 1. My name is Justin Anderson. I have been admitted to practice law pro hac vice in the U.S. District Court for the Northern District of Texas and am an attorney with the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP, counsel of record for Exxon Mobil Corporation (“ExxonMobil”) in this matter. I am over 18 years of age and am fully competent in all respects to make this Declaration. I have personal knowledge of the facts stated herein, based on my experience or my consultation with others, or they are known to me in my capacity as counsel for ExxonMobil, and each of them is true and correct. 2. I submit this declaration in support of ExxonMobil’s Brief in Support of this Court’s Personal Jurisdiction over the Defendants. 3. As of January 31, 2017, a majority of the more than 400,000 documents ExxonMobil has produced—totaling over 2.57 million pages—were stored in Texas or in v Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 7 of 10 PageID 5929 the files of ExxonMobil employees who have worked for ExxonMobil in Texas. It appears that no documents have been produced from the custodial files of ExxonMobil employees based in New York or Massachusetts. 4. Attached to this declaration as Exhibit A is a transcript of the AGs United for Clean Power Press Conference, held on March 29, 2016, which was prepared by counsel based on a video recording of the event. The video recording is available at http://www.ag.ny.gov/press-release/ag-schneiderman-former-vice-president-al-gore-and- coalition-attorneys-general-across. 5. Attached to this declaration as Exhibit B is an email from Wendy Morgan, Chief of Public Protection, Office of the Vermont Attorney General, to Michael Meade, Director, Intergovernmental Affairs Bureau, Office of the New York Attorney General, dated March 18, 2016, obtained from http://eelegal.org/wp- content/uploads/2016/04/Development-of-Agenda.pdf. 6. Attached to this declaration as Exhibit C is a copy of the Union of Concerned Scientists’s profile of Peter Frumhoff, obtained from http://www.ucsusa.org/about/staff/staff/peter-frumhoff.html#.WI-OaVMrLcs. 7. Attached to this declaration as Exhibit D is a report published by the Union of Concerned Scientists, dated January 2007, obtained from http://www.ucsusa.org/sites/default/files/legacy/assets/documents/global_warming/exxon _report.pdf. 8. Attached to this declaration as Exhibit E is a copy of the Pawa Law Group’s description of its practice areas, obtained from http://www.pawalaw.com/practice-areas. vi Case 4:16-cv-00469-K Document 175 Filed 02/01/17 Page 8 of 10 PageID 5930 9. Attached to this declaration as Exhibit F is a copy of report published by the Union of Concerned Scientists and Climate Accountability Institute in October 2012, obtained from http://www.climateaccountability.org/pdf/Climate%20Accountability%20Rpt%20Oct12. pdf. 10. Attached to this declaration as Exhibit G is a copy of an article by David Kaiser and Lee Wasserman, published in The New York Review of Books on December 22, 2016, obtained from http://www.nybooks.com/articles/2016/12/22/rockefeller-family- fund-takes-on-exxon-mobil/?printpage=true.
Recommended publications
  • Monica Prasad Northwestern University Department of Sociology

    Monica Prasad Northwestern University Department of Sociology

    SPRING 2016 NEW YORK UNIVERSITY SCHOOL OF LAW COLLOQUIUM ON TAX POLICY AND PUBLIC FINANCE “The Popular Origins of Neoliberalism in the Reagan Tax Cut of 1981” Monica Prasad Northwestern University Department of Sociology May 3, 2016 Vanderbilt-208 Time: 4:00-5:50 pm Number 14 SCHEDULE FOR 2016 NYU TAX POLICY COLLOQUIUM (All sessions meet on Tuesdays from 4-5:50 pm in Vanderbilt 208, NYU Law School) 1. January 19 – Eric Talley, Columbia Law School. “Corporate Inversions and the unbundling of Regulatory Competition.” 2. January 26 – Michael Simkovic, Seton Hall Law School. “The Knowledge Tax.” 3. February 2 – Lucy Martin, University of North Carolina at Chapel Hill, Department of Political Science. “The Structure of American Income Tax Policy Preferences.” 4. February 9 – Donald Marron, Urban Institute. “Should Governments Tax Unhealthy Foods and Drinks?" 5. February 23 – Reuven S. Avi-Yonah, University of Michigan Law School. “Evaluating BEPS” 6. March 1 – Kevin Markle, University of Iowa Business School. “The Effect of Financial Constraints on Income Shifting by U.S. Multinationals.” 7. March 8 – Theodore P. Seto, Loyola Law School, Los Angeles. “Preference-Shifting and the Non-Falsifiability of Optimal Tax Theory.” 8. March 22 – James Kwak, University of Connecticut School of Law. “Reducing Inequality With a Retrospective Tax on Capital.” 9. March 29 – Miranda Stewart, The Australian National University. “Transnational Tax Law: Fiction or Reality, Future or Now?” 10. April 5 – Richard Prisinzano, U.S. Treasury Department, and Danny Yagan, University of California at Berkeley Economics Department, et al. “Business In The United States: Who Owns It And How Much Tax Do They Pay?” 11.
  • Electronic (E-) Cigarettes and Secondhand Aerosol

    Electronic (E-) Cigarettes and Secondhand Aerosol

    Defending your right to breathe smokefree air since 1976 Electronic (e-) Cigarettes and Secondhand Aerosol “If you are around somebody who is using e-cigarettes, you are breathing an aerosol of exhaled nicotine, ultra-fine particles, volatile organic compounds, and other toxins,” Dr. Stanton Glantz, Director for the Center for Tobacco Control Research and Education at the University of California, San Francisco. Current Legislative Landscape As of January 2, 2014, 108 municipalities and three states include e-cigarettes as products that are prohibited from use in smokefree environments. Constituents of Secondhand Aerosol E-cigarettes do not just emit “harmless water vapor.” Secondhand e-cigarette aerosol (incorrectly called vapor by the industry) contains nicotine, ultrafine particles and low levels of toxins that are known to cause cancer. E-cigarette aerosol is made up of a high concentration of ultrafine particles, and the particle concentration is higher than in conventional tobacco cigarette smoke.1 Exposure to fine and ultrafine particles may exacerbate respiratory ailments like asthma, and constrict arteries which could trigger a heart attack.2 At least 10 chemicals identified in e-cigarette aerosol are on California’s Proposition 65 list of carcinogens and reproductive toxins, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986. The compounds that have already been identified in mainstream (MS) or secondhand (SS) e-cigarette aerosol include: Acetaldehyde (MS), Benzene (SS), Cadmium (MS), Formaldehyde (MS,SS), Isoprene (SS), Lead (MS), Nickel (MS), Nicotine (MS, SS), N-Nitrosonornicotine (MS, SS), Toluene (MS, SS).3,4 E-cigarettes contain and emit propylene glycol, a chemical that is used as a base in e- cigarette solution and is one of the primary components in the aerosol emitted by e-cigarettes.
  • Front Matter, the Formation and Stocks of Total Capital

    Front Matter, the Formation and Stocks of Total Capital

    This PDF is a selection from an out-of-print volume from the National Bureau of Economic Research Volume Title: The Formation and Stocks of Total Capital Volume Author/Editor: John W. Kendrick Volume Publisher: NBER Volume ISBN: 0-87014-271-2 Volume URL: http://www.nber.org/books/kend76-1 Publication Date: 1976 Chapter Title: Front matter, The Formation and Stocks of Total Capital Chapter Author: John W. Kendrick Chapter URL: http://www.nber.org/chapters/c3803 Chapter pages in book: (p. -28 - 0) The Formation and Stocks of Total Capital John W. Kendrick THEGEORGE WASHINGTON UNiVERSITY Assisted by YvonneLethem and Jennifer Rowley NATIONALBUREAU OF ECONOMIC RESEARCH New York1976 DISTRIBUTED BY Columbia University Press New York and London Copyright © 1976 by the National Bureau of Economic Research, Inc. AUrightsreserved. Printed in the United States of America. Designed by Jeffrey M. Barrie Library of Congress Cataloging in Publication Data Kendrick, John W. The formation and stocks of total capital. (General series—National Bureau of Economic Research; no. 100) Bibliography: p. 241 Includes index. 1. Capital—United States.2.Capital productivity— United States.3.Saving and investment—United States. I.Lethem, Yvonne, joint author.II.Rowley, Jennifer, joint author.III.Title.IV.Series:National Bureau of Economic Research.General series; no. 100. HC11O.C3K452 332'.041 76-20790 ISBN 0-87014-271-2 The Formation and Stocks of Total Capital NATIONAL BUREAU OF ECONOMIC RESEARCH Number 100, General Series NATIONAL BUREAU OF ECONOMIC RESEARCH OFFICERS Arthur F. Bums, Honorary Chairman Robert E. Lipsey, Director, International and J. Wilson Newman, Chairman Financial Studies Moses Abramovitz, Vice Chairman Harvey J.
  • Distributional Implications of Introducing a Broad-Based Consumption Tax

    Distributional Implications of Introducing a Broad-Based Consumption Tax

    This PDF is a selection from an out-of-print volume from the National Bureau of Economic Research Volume Title: Tax Policy and the Economy, Volume 11 Volume Author/Editor: James M. Poterba, editor Volume Publisher: MIT Volume ISBN: 0-262-16167-2 Volume URL: http://www.nber.org/books/pote97-1 Conference Date: October 22, 1996 Publication Date: January 1997 Chapter Title: Distributional Implications of Introducing a Broad-Based Consumption Tax Chapter Author: William M. Gentry, R. Glenn Hubbard Chapter URL: http://www.nber.org/chapters/c10904 Chapter pages in book: (p. 1 - 48) DISTRIBUTIONAL IMPLICATIONS OF INTRODUCING A BROAD-BASED CONSUMPTION TAX William M. Gentry and R. Glenn Hubbard Columbia University and N.B.E.R. EXECUTIVE SUMMARY As a tax base, "consumption" is sometimes argued to be less fair than "income" because the benefits of not taxing capital income accrue to high- income households. We argue that, despite the common perception that consumption taxation eliminates all taxes on capital income, consumption and income taxes actually treat similarly much of what is commonly called capital income. Indeed, relative to an income tax, a consumption tax exempts only the tax on the opportunity cost of capital. In contrast to a pure income tax, a consumption tax replaces capital depreciation with This paper was prepared for presentation at the NBER Conference on Tax Policy and the Economy, Washington, DC, October 22, 1996. We are grateful to Alan Auerbach, Joe Bankman, Tom Barthold. Doug Bemheim, Michael Boskin, Dave Bradford, Martin Feld- stein, Bill Gale, Larry Goulder, Jane Gravelle, Hank Gutman, Ken Judd, Louis Kaplow, Mary Kosters, Jim Nunns, Jim Poterba, Karl Scholz, Eric Toder, Al Warren, the Columbia Micro Lunch Group, the Harvard-M.I.T.
  • Uncorrected Transcript

    Uncorrected Transcript

    1 CEA-2016/02/11 THE BROOKINGS INSTITUTION FALK AUDITORIUM THE COUNCIL OF ECONOMIC ADVISERS: 70 YEARS OF ADVISING THE PRESIDENT Washington, D.C. Thursday, February 11, 2016 PARTICIPANTS: Welcome: DAVID WESSEL Director, The Hutchins Center on Monetary and Fiscal Policy; Senior Fellow, Economic Studies The Brookings Institution JASON FURMAN Chairman The White House Council of Economic Advisers Opening Remarks: ROGER PORTER IBM Professor of Business and Government, Mossavar-Rahmani Center for Business and Government, The John F. Kennedy School of Government at Harvard University Panel 1: The CEA in Moments of Crisis: DAVID WESSEL, Moderator Director, The Hutchins Center on Monetary and Fiscal Policy; Senior Fellow, Economic Studies The Brookings Institution ALAN GREENSPAN President, Greenspan Associates, LLC, Former CEA Chairman (Ford: 1974-77) AUSTAN GOOLSBEE Robert P. Gwinn Professor of Economics, The Booth School of Business at the University of Chicago, Former CEA Chairman (Obama: 2010-11) PARTICIPANTS (CONT’D): GLENN HUBBARD Dean & Russell L. Carson Professor of Finance and Economics, Columbia Business School Former CEA Chairman (GWB: 2001-03) ALAN KRUEGER Bendheim Professor of Economics and Public Affairs, Princeton University, Former CEA Chairman (Obama: 2011-13) ANDERSON COURT REPORTING 706 Duke Street, Suite 100 Alexandria, VA 22314 Phone (703) 519-7180 Fax (703) 519-7190 2 CEA-2016/02/11 Panel 2: The CEA and Policymaking: RUTH MARCUS, Moderator Columnist, The Washington Post KATHARINE ABRAHAM Director, Maryland Center for Economics and Policy, Professor, Survey Methodology & Economics, The University of Maryland; Former CEA Member (Obama: 2011-13) MARTIN BAILY Senior Fellow and Bernard L. Schwartz Chair in Economic Policy Development, The Brookings Institution; Former CEA Chairman (Clinton: 1999-2001) MARTIN FELDSTEIN George F.
  • $1.2 Million Conflict of Interest Plagues Climate Change Denial Research

    $1.2 Million Conflict of Interest Plagues Climate Change Denial Research

    $1.2 Million Conflict of Interest Plagues Climate Change Denial Research... http://natmonitor.com/2015/02/22/1-2-million-conflict-of-interest-plague... $1.2 Million Conflict of Interest Plagues Climate Change Denial Research By James Paladino, National Monitor | February 22, 2015 A recently uncovered document shows that Wei-Hok Soon, a well-known aerospace engineer, was granted over $1.2 million from fossil-fuel companies for climate research and failed to disclose a conflict of interest in his peer-reviewed publications. In Washington, climate change deniers are fighting a fierce battle to stave off energy policy reform. The latest casualty of this war of ideas is Wei-Hock Soon, a part-time employee of the Harvard-Smithsonian Center for Astrophysics. Resilient to the scientific consensus that human carbon emissions are fueling gradual warming, the aerospace engineer has served as a beacon for conservative legislators. A recently uncovered document shows that Soon was granted over $1.2 million from fossil-fuel companies and failed to disclose a conflict of interest in his peer-reviewed publications. Since the Smithsonian is part of the federal government, former Greenpeace member Kert Davies legally obtained the Soon’s grant agreements through the Freedom of Information Act. Contributors include the American Petroleum Institute, the Koch brothers, Exxon Mobil and Southern Company. Several scientific papers and a congressional testimonial were termed as “deliverables,” reports The New York Times. “These proposals and contracts show debatable interventions in science literally on behalf of the Southern Company and the Kochs,” said Davies. “What it shows is the continuation of a long-term campaign by specific fossil-fuel companies and interests to undermine the scientific consensus on climate change.” These recent revelations have drawn fire from members of the Harvard-Smithsonian Center and NASA, among others.
  • The Greenhouse Effect

    The Greenhouse Effect

    The Greenhouse Effect I. SUMMARY AND OVERVIEWa This chapter examines what is variously called “climate change,” “global warming” and the “Greenhouse Effect.” These are all names for the same phenomenon: an increase in the Earth's temperature when heat is trapped near the surface. Most of this trapping is due to natural constituents of the air—water vapor, for example. But air pollutants also can trap heat, and as their concentrations increased so, too, can the Earth's temperature. Energy enters the Earth's atmosphere as sunlight. It strikes the surface, where it is converted into infrared radiation. Although the atmosphere is largely transparent to the visible radiation spectrum—sunlight—it is not to the infrared range. So heat that would other radiate into space is instead trapped in the atmosphere. That heat-trapping effect is good fortune for humanity and other life currently on Earth, because it raises the average temperature roughly 33 degrees Celsius above what it otherwise would be, making life as we know it possible.1 Over time, the energy entering the air has reached equilibrium with the energy leaving, creating Earth's current climate and, with it, the weather with which we are familiar on a day-to- day, week-to-week or year-to-year basis. With a Greenhouse Effect either greater or less than what has prevailed for millennia, the Earth would be quite different. In the absence of a Greenhouse Effect, the Earth would be ice covered. What it would be like with an enhanced Greenhouse Effect is the subject of this discussion.
  • In the Meantime, Thought You Might Enjoy the Ad That Provides a Bit More Truth in Advertising

    In the Meantime, Thought You Might Enjoy the Ad That Provides a Bit More Truth in Advertising

    Knutte, Caitlin From: Hendrickson, Cara Sent: Monday, March 21, 2016 8: 58 PM To: wendy Abrams Cc: Spillane, Ann M. Subject: Re: Exxon Document Thanks, Wendy. Best, Cara On Mar 21, 2016, at 6: 39 PM, wendy Abrams < wrote: I will forward this tomorrow. In the meantime, thought you might enjoy the ad that provides a bit more truth in advertising.. http:// youtu. be/ XhOezO s -Gs again, thank you for your time today. I cannot think of a more critical issue at a critical time; this could be a tipping point. Best, Wendy Begin forwarded message: From: " O' Neill, Christine M." < coneill2Alaw. pace. edu> Subject: Exxon Document Date: March 21, 2016 at 5: 45: 53 PM CDT To: Wendy Abrams < Hi Wendy, Bobby asked me to email the Exxon Mobil document that he sent to Eric Schneiderman. Unfortunately, it' s in my email archive folder and I can' t access it from home. Would it be okay if I sent to you tomorrow morning when I get to the office? Thanks, Christine Christine O' Neill Executive Assistant, Robert F. Kennedy, Jr. Office: 914- 422- 4343 Cell: Knutte, Caitlin From: wendy abrams < Sent: Tuesday, March 22, 2016 9: 35 AM To: Spillane, Ann M.; Hendrickson, Cara Subject: Re: Madigan demands Peabody prove it has coal mine -closure money 1 Environment 1 thesouthern. com Attachments: ExxonMobilSchneidermanJan5FINAL. docx From Robert Kennedy. Jr. On Mar 22, 2016, at 8: 42 AM, Spillane, Ann M. < aspillane,ci atg. state. il. us> wrote: Thank you! And thank you for all of your time yesterday - that was really a helpful meeting.
  • Tobacco Reborn: the Rise of E-Cigarettes and Regulatory Approaches

    Tobacco Reborn: the Rise of E-Cigarettes and Regulatory Approaches

    LCB_25_3_Article_3_Aaron (Do Not Delete) 8/6/2021 9:26 AM TOBACCO REBORN: THE RISE OF E-CIGARETTES AND REGULATORY APPROACHES by Dr. Daniel G. Aaron* This Article examines e-cigarettes, FDA-regulated products which heat nico- tine-containing fluid into an aerosol to be breathed into the lungs. Recent data show that e-cigarettes are used by about one-fifth of U.S. high school students. Given that we have, in the Surgeon General’s words, reached an epidemic of youth e-cigarette use, it is worth asking how a product within FDA jurisdic- tion became a serious threat to 3.6 million youth. This Article reviews the law surrounding e-cigarettes and the history of FDA’s attempts to regulate them. Administrative law doctrines instruct us that in- creased presidential control will rein in misbehaving agencies by allowing the people to vote out a president who improperly directs the administrative state. However, e-cigarettes present a potent counterexample. On multiple occasions, presidential control over FDA stymied essential tobacco regulations by increas- ing the influence of the tobacco industry over expert agency policymaking. Yet children harmed by these tobacco policies have no right to vote and little po- litical clout with which to advocate for their interests. Ultimately, the emerg- ing approach to regulating e-cigarettes stands in opposition to a looming his- torical context and a boiling epidemic of nicotine addiction. By painting the context of e-cigarettes in lush detail, drawing from history, law, medicine, and public health, this Article charts a path forward for e-cigarettes and other ad- dicting products.
  • Netiquette: Miss Manners for the Web

    Netiquette: Miss Manners for the Web

    4 Netiquette: Miss Manners for the Web Welcome to the world of the new influencers. The reason the social web is sometimes called the “wild west” is that we’re still working out the kinks of how best to communicate with one another online. The rules of conduct may not be set in stone, but the social web isn’t a total free-for-all either. You should be aware of some key, often mystifying, communi- cations protocols before striking up conversations with the locals. This chapter provides some lessons Friends with Benefits (C) 2009 by Darren Barefoot and Julie Szabo on how to communicate with new influencers—bloggers, YouTube stars, Facebook friend magnets, and Digg superstars. Think of this chapter as finishing school for Internet communication. If you understand the social innuendo, you’ve got a much better chance of breaking into the inner circle and getting mentioned or reviewed by powerful online influencers who can send thousands of visitors—and potential buyers—your way. We will run through a variety of communications techniques here, but if you take one lesson from this chapter, take this: Listen first. Thankfully, nearly all new influencer communications occur in the Internet’s public forum, so you can adopt an anthropological approach. By emulating the influencers’ behavior and learning their dialect, you can be confident when you approach them. As Jane Goodall discovered, the best way to learn about a species is to live among them. So you’re going to start being active online right now. Have your computer in front of you while you read this chapter, because we’re going to put you to work.
  • The Fear Profiteers

    The Fear Profiteers

    THE FEAR PROFITEERS: Do ‘Socially Responsible’ Businesses Sow Health Scares to Reap Monetary Rewards? Edited by Bonner Cohen, Ph.D. John Carlisle Michael Fumento Michael Gough, Ph.D. Henry Miller, M.D. Steven Milloy Kenneth Smith Elizabeth Whelan, Sc.D., M.P.H. Hundreds of thousands of deaths a year from smoking is old hat, but possible death by toxic waste, now that’s exciting. The problem is, such presentations distort the ability of viewers to engage in accurate risk assessment. The average viewer who watches story after story on the latest alleged environmental terror can hardly be blamed for coming to the conclusion that cigarettes are a small problem compared with the hazards of parts per quadrillion of dioxin in the air, or for concluding that the drinking of alcohol, a known cause of birth weight and cancer, is a small problem compared with the possibility of eating quantities of Alar almost too small to measure. This in turn results in pressure on the bureaucrats and politicians to wage war against tiny or nonexistent threats. The “war” gets more coverage as these politicians and bureaucrats thunder that the planet could not possibly survive without their intervention, and the vicious cycle goes on. ––Michael Fumento, Science Under Siege CONTENTS EXECUTIVE SUMMARY ..................................................................................... i-iii PREFACE.................................................................................................................I-III ACCIDENTALLY POISONOUS APPLES: Does Everything Cause
  • University of California San Francisco

    University of California San Francisco

    UNIVERSITY OF CALIFORNIA SAN FRANCISCO BERKELEY • DAVIS • IRVINE • LOS ANGELES • MERCED • RIVERSIDE • SAN DIEGO • SAN FRANCISCO SANTA BARBARA • SANTA CRUZ STANTON A. GLANTZ, PhD 530 Parnassus Suite 366 Professor of Medicine (Cardiology) San Francisco, CA 94143-1390 Truth Initiative Distinguished Professor of Tobacco Control Phone: (415) 476-3893 Director, Center for Tobacco Control Research and Education Fax: (415) 514-9345 [email protected] December 20, 2017 Tobacco Products Scientific Advisory Committee c/o Caryn Cohen Office of Science Center for Tobacco Products Food and Drug Administration Document Control Center Bldg. 71, Rm. G335 10903 New Hampshire Ave. Silver Spring, MD 20993–0002 [email protected] Re: 82 FR 27487, Docket no. FDA-2017-D-3001-3002 for Modified Risk Tobacco Product Applications: Applications for IQOS System With Marlboro Heatsticks, IQOS System With Marlboro Smooth Menthol Heatsticks, and IQOS System With Marlboro Fresh Menthol Heatsticks Submitted by Philip Morris Products S.A.; Availability Dear Committee Members: We are submitting the 10 public comments that we have submitted to the above-referenced docket on Philip Morris’s modified risk tobacco product applications (MRTPA) for IQOS. It is barely a month before the meeting and the docket on IQOS has not even closed. As someone who has served and does serve on committees similar to TPSAC, I do not see how the schedule that the FDA has established for TPSAC’s consideration of this application can permit a responsible assessment of the applications and associated public comments. I sincerely hope that you will not be pressed to make any recommendations on the IQOS applications until the applications have been finalized, the public has had a reasonable time to assess the applications, and TPSAC has had a reasonable time to digest both the completed applications and the public comments before making any recommendation to the FDA.