peabody coal

The New Attack On Climate Scientists: Drain Their Funds With Frivolous Lawsuits

The average cost to hire an attorney in the United States is around $300 per hour. The average lawsuit, not including class action or mass tort cases, takes between one and two years to reach a conclusion. These financial and time-related costs quickly become a huge burden for anyone on the receiving end of a subpoena, and that’s why climate change denial groups are using the court system as a means to put the brakes on the work of climate scientists.

Leading the way in this new attack is the Energy & Environment Legal Institute (E&E), a climate science denial organization that receives funding from fossil fuel companies like Peabody Coal, Arch Coal, and Alpha Natural Resources, according to The Guardian.

Recently, the group filed a lawsuit in Arizona to get their hands on thousands of emails between climate scientists, with this particular lawsuit focused on the emails sent by Dr. Malcolm Hughes from the University of Arizona and Dr. Jonathan Overpeck, the lead author of the U.N.’s Intergovernmental Panel on Climate Change report. The lawsuit is seeking 6 years of Dr. Hughes’ emails and 13 years of Dr. Overpeck’s emails.

Peabody Energy Bankruptcy Claim Must Put Lands, Water and People Above Executives and Bankers, Say Protesters

One week ago, Peabody Energy cried uncle.

The world’s largest privately-owned coal producer filed for Chapter 11 bankruptcy protection, following Arch Coal, Alpha Natural Resources, and Patriot Coal in begging the United States Bankruptcy Courts for mercy.

It would be easy for climate advocates to cheer the occasion as yet another signpost along the hard-fought road to a carbon-free future. But, unfortunately for many involved, Peabody’s bankruptcy could leave many vulnerable parties—from coal workers to Navajo tribes to students in St. Louis— suffering further.

Which is why activists from impacted communities gathered on Tuesday in St. Louis, home of Peabody’s headquarters, to demand that a “Just Transition Fund” is endowed as part of the bankruptcy proceedings before the “golden parachutes” are given out to reckless executives and the loans are repaid to the reckless banks that kept funding Peabody’s speculation.

ExxonMobil, Peabody Coal Lobbying for Bill Preventing Climate Change Accounting in US Trade Deals

The day before global leaders and diplomats passed a climate change deal in Paris at the United Nations climate summit, the U.S. House of Representatives — in a 256-158 vote — authorized the final text of a bill that has a provision preventing climate change to be accounted for in all U.S. trade deals going forward.

That bill, the Trade Facilitation and Trade Enforcement Act of 2015 (H.R.644), now may proceed for full-floor votes in both the House and the U.S. Senate after its conference report was agreed upon. A DeSmog review of lobbying records shows the bill has received heavy fossil fuel industry support. 

Groups Hand 360,000 Signatures to Justice Department Calling for "Exxon Knew" Probe

Exxon social license revoked

With the hottest October in world history recorded recently, a slew of advocacy groups have delivered 360,000 petition signatures to the U.S. Department of Justice, calling for a probe of petrochemical industry giant ExxonMobil's history of funding climate change denial despite what the company knew about climate science. 

The groups ranging from 350.org, Food and Watch Watch, Climate Parents, Moms Clean Air Force, The Nation, Sierra Club and others have asked DOJ to investigate what ExxonMobil knew about climate change and when the company knew it, juxtaposing that insider knowledge, exposed by both InsideClimate News and The Los Angeles Times, with the climate change denial campaign it funded both in the past and through to the present

Top US Environmental Group Calls Out Matt Ridley’s Climate Denial

It seems Viscount Matt Ridley is gaining international recognition for his climate denial as US environmental advocacy group the Natural Resources Defence Council (NRDC) calls into question his “rational optimism”.

Labelling the coal mine owner “England’s most prominent global warming sceptic,” Brian Palmer of the NRDC’s onEarth magazine writes: “Ridley is one of the most capable spokesmen for climate change denial 2.0.”

With the highest respect for what Ridley has accomplished in a distinguished career, I believe his position amounts to climate change denial on stilts,” Palmer argues. “Ridley’s view is akin to an alcoholic saying he’s not in denial about his problem because he fully acknowledges that he sometimes drinks a beer. Denying the severity of a problem is to deny the problem itself.”

Coal Baron Matt Ridley is Top Source in Peabody Climate Report to the White House

British climate denier and coal baron Matt Ridley is the most cited individual in coal giant Peabody Energy’s official submission to the White House addressing the company’s concerns regarding new policies proposed by the US Government around greenhouse gas emissions and climate change.

The 71-page document on the government’s National Environmental Policy Act, uncovered by DeSmogBlog, declares that greenhouse gases are a “non-existent harm”. Ridley’s opinion articles, such as one professing “fossil fuels will save the world” published in the Wall Street Journal, form much of the basis for the coal company’s arguments submitted in March.

Ridley writes frequently in the Wall Street Journal and the Times promoting fossil fuels, while at the same time earning considerable wealth from coal mining. The peer’s Blagdon Estate, north of Newcastle, covers a significant part of two opencast mines.

In Last Ditch Effort, Coal Industry Picks ‘Worst Idea Ever’ With Argument That Coal Ends Poverty

The coal industry is facing hard times as it tries to battle against a growing demand for climate action and clean energy.

Cheaper and cheaper renewables along with the increasingly successful fossil fuel divestment campaign (which largely targets coal for being the dirtiest of all the fossil fuels) means the industry has had to reimagine itself.

Groups File IRS Complaint Alleging ALEC is a Lobbying Vehicle, Not a Charity

The Center for Media and Democracy (CMD) and Common Cause have filed an 18-page supplemental complaint to the U.S. Internal Revenue Service (IRS) which calls for a termination of the American Legislative Exchange Council (ALEC)'s status as a 501(c)(3) non-profit organization and requests civil and criminal charges be brought against ALEC.

Peabody Coal Lawyer Laurence Tribe, Obama's Law Professor, Testifies in Congress vs. EPA Carbon Rule

Laurence Tribe, constitutional law professor at Harvard Law School and of-counsel at the firm Massey & Gail LLP, recently testified in front of the U.S. House Committee on Energy and Commerce against the proposed U.S. Environmental Protection Agency (EPA) carbon rule

Currently working as legal counsel for coal industry giant Peabody Energy and helping the company write comments, Tribe submitted a 57-page legal memo to accompany his five-minute testimony (starting at 22:43). In December 2014, Tribe submitted 35 pages worth of comments to the EPA on its proposed rule.

Joining Tribe were both New York University School of Law professor Richard Revesz and Hunton & Williams attorney Allison Wood, who testified for and against the Clean Power Plan, respectively. But Tribe served as the star witness and fielded most of the questions from the Committee during the question-and-answer session.

Fittingly given his distinguished legal background, Tribe argued against the Clean Power Plan on constiutional law grounds. 

“Burning the Constiution should not become part of our national energy policy,” Tribe wrote in the early pages of the legal memo he submitted to the Committee. “At its core, the issue the Clean Power Plan presents is whether EPA is bound by the rule of law and must operate within the framework established by the United States Constitution.”

He also proposed a solution — favored by his client Peabody  in a section titled, “There is a Better Way.”

“The United States could…support carbon capture and storage technologies,” Tribe wrote, not mentioning Peabody's advocacy for so-called “clean coal.” 

“An 'all of the above' energy policy can support all forms of domestic energy production that will minimize carbon emissions, protect consumers and American jobs, and ensure that the U.S. remains independent from unreliable foreign sources of energy.”

Peabody Energy Booted From S&P 500, King Coal on the Defensive as Market Signals Industry Decline

King Coal and industry multinational Peabody Energy (BTU) have taken a beating in the markets lately, and it has some executives in the dirty energy industry freaking out

On September 19, Dow Jones removed Peabody Energy from its S&P 500 index, considered a list of the premier U.S. stocks for investors. The St. Louis Post-Dispatch cited the downward trajectory of the company's market capitalization as the rationale behind the ouster of Peabody from the S&P 500 index. Peabody will now join the JV leagues in the S&P MidCap 400.

Peabody's downfall symbolizes ongoing market trends within the coal industry overall.

“The total market value of publicly traded U.S. coal companies has rebounded slightly in recent months, but remains nearly 63% lower than a total of the same companies at a near-term coal market peak in April 2011,” explained SNL Energy in April. 

“A perfect storm of factors, including new federal regulations impacting coal-burning power plants, cheap competing fuels, railroad service issues and weak global markets has kept pressure on a number of coal operators since the industry's 2011 near-term peak.”

A new study published this week by the Carbon Tracker Initiative — best known for its work accounting for a “carbon budget” and unburnable carbon — raises further questions about the future of coal's global market hegemony. It's another blow to the coal industry as the United Nations convenes this week's Climate Summit in New York City to discuss climate disruption, in no small part driven by antiquated coal-fired power plants.

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