Category Archives: Climate Change

The Climate Overshoot Commission Releases Its Report

[Note from BenIndy: This first installment of an analysis of The Climate Overshoot Commission’s report is a bit weedy but worth your time. The report itself kicks off by stating that the likelihood of global warming exceeding the Paris Agreement’s goal of 1.5°C is “alarmingly high and continues to rise” before charging policymakers to reduce emissions, such as by an “ambitious and orderly phasing out of fossil fuels […] . ” Here, Dr. Parson of UCLA’s Emmett Institute on Climate Change and the Environment offers a brief history of the commission and what the high risk of exceeding the Paris Agreement’s goal – and “climate overshoot” – may mean for climate response.]

A dozen global leaders weigh in on the risk of exceeding the Paris temperature targets and what it means for climate response.

Click the image to read the full report on the Climate Overshoot website.

Legal Planet, by Ted Parson, September 18, 2023

Edward A. (Ted) Parson is Dan and Rae Emmett Professor of Environmental Law and Faculty Co-Director of the Emmett Institute on Climate Change and the Environment at the University of California, Los Angeles.

The Climate Overshoot Commission recently completed its work, releasing its report at the United Nations last Thursday, September 14. This report comes in conjunction with the U.N. General Assembly and a collection of high-level climate and environment events, including the Sustainable Development Goals Summit, 18-19 Sept, and the Climate Ambition Summit, 20 Sept.

The Climate Overshoot Commission is a senior independent international body, consisting of twelve distinguished individuals from around the world, including former heads of government, national ministers, and leaders of major environment, development, and civil society organizations. Chaired by Pascal Lamy, former Director-General of the World Trade Organization, it was convened by the Paris Peace Forum. The UCLA Emmett Institute contributed to the establishment and work of the Commission in several ways. Two former Emmett Institute law fellows served on the Secretariat. UCLA law students provided research and analytic support to the Secretariat in the International Climate Law and Policy Clinic. I served as a senior advisor to the Secretariat. In this and a few subsequent posts, I’ll present highlights of the Commission’s contributions, with some commentary — my own views, of course, not those of the Commission, which has very cogently spoken for itself.

There have been dozens of international commissions. Some of you may recall the 1986 World Commission on Environment and Development, or Brundtland Commission, which first popularized the idea of “sustainable development.” Commissions generally aim to advance international debate on hard issues, typically when other bodies are constrained in their ability to do so. Commissioners bring experience, stature, broad global representation—but crucially, are not presently in political office, so they are not required to advance national positions. They can speak and discuss freely. Like its predecessors, the job of the Overshoot Commission was to say things that are true and important, but that other more politically constrained bodies are unable to say: to talk loudly about elephants in the room and naked emperors.

This boiled down to two jobs. The first was to sound the alarm about the imminent likelihood of global heating exceeding the Paris temperature targets. The second was to say what this high risk of exceeding the targets— “overshoot”— means for climate response.

For the first, the Commission did its job pretty well, albeit with some reservations. Its forceful opening message is that the likelihood of global-average heating exceeding 1.5°C above pre-industrial levels—the more ambitious of the Paris targets—is “alarmingly high and continues to rise.” This is a stronger statement of this risk than has been made by any similarly high-level climate body, although not nearly as strong as is justified. Exceeding 1.5°C is virtually certain: indeed, it’s quite likely to happen within the next decade. More seriously, the Commission was silent on the risk of exceeding the higher Paris target, 2.0°C—with much more severe impacts than 1.5°C— which is also high and mounting. The Commission did report recent assessments from three bodies—the IPCC, UNEP, and IEA —which have synthesized projections of end-of-century heating. These are pretty alarming. Just maintaining present emissions-cutting actions—i.e., no further strengthening, but also no backsliding—give end-of-century heating of 3.2°C (IPCC), 2.6°C (UNEP), and 2.5°C (IEA); adding commitments in NDCs on top of current actions gets these down to 2.8°C (IPCC) or 2.4°C (UNEP); and adding conditional commitments and long-term net-zero targets reduces these to 1.7°C (UNEP and IEA). Getting better, but not very comforting.

Deciding how to speak effectively about such projections is surprisingly hard, for a couple of reasons. First, such statements aren’t just scientific but are also political—intended to report what is known or knowable about a risk, in such a way as to elicit a certain kind of response. All public-facing bodies like the Commission fret over how to sound the alarm that bad things are coming, to convey an appropriate level of action-motivating alarm without inducing despair and passivity. Second, there is real uncertainty in such statements, which gets larger and is more dependent on human choice the further ahead you look. While exceeding 1.5°C is pretty much locked in, there is so much range for human action in longer-term projections like 2.0°C, that most bodies —like the three the Commission quoted—speak not in terms of likelihood, but in terms of if-then, conditional statements. If control measures are this strong, then we project this degree of heating. The Commission chose to focus on the 1.5°C target, to speak very forcefully about the likelihood of exceeding it, but not to suggest certainty or unavoidability.

To give the Commission credit where due—and it is due in many places—on one point closely related to these projections, they were uncommonly and admirably frank: Noting the risks and the stark tradeoffs posed by aerosol pollution in the lower atmosphere. This pollution, mostly from burning fossil fuels that contain sulfur, has severe current environmental and health effects, estimated to kill more than 5 million people per year due to respiratory illness. It is also exerting an inadvertent cooling effect that masks a large fraction—perhaps a third to a half—of the climate forcing from previously emitted greenhouse gases that are already in the atmosphere. This pollution has to be cleaned up—and is being cleaned up—notably via the recently enacted tightening of restrictions on the sulfur content of marine bunker fuels adopted by the IMO. But cleaning this up will remove its cooling effect, which the IPCC recently estimated as 0.7°C.

Another related contribution the Commission made to climate clarity and realism (although less than it perhaps might have) concerns the use of the term for which it was named, “Climate Overshoot.”

Overshoot scenarios initially appeared in integrated assessment models (IAMs). They are projections in which some measure of environmental disruption initially exceeds a target, e.g., one of the Paris global temperature targets, but then stops growing, reverses, and eventually returns to the target level after this temporary period of exceedance. Calling these “overshoot scenarios” makes sense in describing model results, but is somewhat misleading in the real world, because it implies that once you exceed a target you are on an overshoot trajectory, which will in due course reverse and return to the target. In other words, the term suggests that such reversal and return is somehow automatic or easy, perhaps even built into the definition of “overshoot.” But what is actually highly likely is not the complete overshoot trajectory, but the initial exceedance of the target. How large and long-lasting the exceedance is, indeed, whether temperature actually returns to the target at all rather than just staying higher, depends on what happens to net emissions afterwards. Returning to or below the target, let alone doing so after just a small and brief exceedance, will take the same extreme reductions in emissions that have been so challenging to achieve thus far, now with the additional requirement that any continuing emissions be more than offset by extreme scale-up of stable atmospheric removals. Current and coming advances in carbon-free technology will help, of course. But given decades of shortfall in reducing global emissions, and continuing structural factors hindering needed sharp reductions, there is no justification to assume this vast transformation will somehow get easy, let alone automatic, by the mere fact of exceeding the targets and suffering the resultant worse climate impacts. Fossil interests will keep fighting, even if it’s to stretch their demise out longer rather than to live forever. Perhaps increasingly severe climate change and impacts will make transformative socio-technical change easier, but this depends on political assumptions – theories of social change – that are not clear.

An illustration of the deep difficulty thinking coherently about exceedance and overshoot can be found right in the recent IPCC AR6 report—a point the Commission discovered in the course of its work but did not include in its report. The overshoot scenarios reported in the IPCC all fall into two buckets: “low overshoot,” in which 1.5°C is exceeded by at most 0.1°C (this bucket also includes a tiny number of scenarios with no overshoot at all, but to be a little glib, nobody believes those); and “medium to high” overshoot, in which 1.5°C exceeded by 0.1 to 0.3°C.  A casual read could be forgiven for inferring that these numbers reflect a reasoned conclusion by the IPCC that these are the biggest overshoots the world will likely have to deal with. But unfortunately that’s not what it means at all. These buckets with their low overshoot numbers are a definitional artifact, arising from the year-2100 endpoint of the analyses. For a scenario to be called “overshoot,” it had to get back to its target by the year-2100 end of the analytic time horizon. Scenarios that peaked above 1.8°C—i.e., that exceeded 1.5°C by more than 0.3°C this century– did not have time to get back below 1.5°C by the end of the century, so were not labeled or analyzed as overshoot.  Even more so, no scenario that exceeded 2.0°C could be called overshoot, because there is not enough time on any trajectory to exceed 2.0°C, reverse, and return to 2.0°C by the end of the century. So, the overshoot scenarios identified and analyzed as such are in fact the best possible trajectories in which 1.5°C is exceeded, which manage to get back to 1.5°C by 2100. The IPCC in no way ruled out or judged unlikely future trajectories with higher and longer-lasting exceedances. These are there—in fact, they are clustered into buckets by their end-of-century heating.  These include, for example, the scenarios I reported above, in which continuance of present policies or NDC commitments without increasing ambition (granted, a scenario that may be unlikely on the pessimistic, no-action side) give end-of-century heating of 3.2°C and 2.8°C, respectively (with the lower figures subsequently estimated by UNEP and the IEA, as noted above). 

Having sounded the alarm about the likelihood of overshoot—albeit pulling their punches a little in concession to the perceived need to give a positive message—the Commission’s second job was to say what this high risk of overshoot means for climate response.

At first cut, this is a simple story: do more of everything and do it faster. But given the widespread desire not to face the stark likelihood of potentially severe exceedance, there actually is more to say—in particular, that the gravity of risks requires consideration of more extreme or radical approaches to limiting climate change than have gained serious attention thus far. It is no longer acceptable to deem plausible solutions that might help inadmissible a priori.

The Commission did this and did it pretty well—to varying degrees across the four major response types, of which they addressed all – mitigation, adaptation, removals, and solar geoengineering or SRM. Indeed, given the current state of climate debate, merely including all four response types with similar levels of scrutiny and detail represents a significant contribution. They also presented a useful and original conceptual framework for thinking about climate responses in presence of overshoot, dividing the four response types into two pairs according to which of two large-scale aims they pursue: Reducing the magnitude and duration of overshoot; and reducing the harms that follow from any given magnitude and duration of overshoot. The two responses that limit the magnitude and duration of overshoot are mitigation and removal: deep cuts in present and future emissions; and removing past emissions from the atmosphere and putting them somewhere long-term secure. The two ways to limit the harms resultant from any specific magnitude and duration of overshoot are adaptation and solar geoengineering (Sort-of, on the last one: the Commission doesn’t recommend solar geoengineering—in fact, its immediate recommendation is to enact a moratorium on it—but it also recommends researching it and starting to talk about how to resolve the governance problems it would raise). They also separately addressed climate finance; a cross-cutting response relevant to all responses.

From left to right: Kim Campbell (Canada’s 19th Prime Minister, Founding Member of Club de Madrid; Chair Pascal Lamy (Vice President of the Paris Peace Forum; former Director-General of the World Trade Organization, France); Hina Rabbani Khan (Minister of State for Foreign Affairs of Pakistan); Unknown; Xue Lan (Cheung Kong Chair Distinguished Professor and Dean of Schwarzman College, Tsinghua University, China); & Muhamad Chatib Basri (Former Minister of Finance of Indonesia).

I’m going to address how the Commission dealt with each response type in subsequent posts, which I’ll put up at intervals of one or two days. The next two will separately consider the two response types where the Commission’s recommendations are most radical, most original, and most likely to attract controversy: mitigation and solar geoengineering. I’ll then review their analysis and recommendations on adaptation, removals, and climate finance, and close with a review of reactions to the Commission (which should start to be clear by that point) and speculation on its impact.

[Note from BenIndy: All bolded elements above represent added emphasis by BenIndy. You can subscribe to Legal-Planet.org in order to receive notifications for Dr. Parson’s follow-up posts.]

Shots fired: California sues oil companies

California goes on offense against Big Oil

The lawsuit makes California the largest economy to join the campaign against oil companies. | Ben Margot / AP Photo.

California is one of the country’s top oil and gas producers, and Chevron, one of the defendants, is headquartered in the state.

Politico, by Blanca Begert and Debra Kahn, September 16, 2023

Democratic California Gov. Gavin Newsom announced a lawsuit Saturday against five major oil companies and their subsidiaries, seeking compensation for damages caused by climate change.

The suit, filed in San Francisco County Superior Court by Democratic Attorney General Rob Bonta, accuses the companies of knowing about the link between fossil fuels and catastrophic climate change for decades but suppressing and spreading disinformation on the topic to delay climate action. The New York Times first reported the case Friday.

The suit also claims that Exxon, Shell, Chevron, ConocoPhillips and BP — as well as the American Petroleum Institute industry trade group — have continued their deception to today, promoting themselves as “green” with small investments in alternative fuels, while primarily investing in fossil fuel products.

It seeks to create a fund that oil companies would pay into to help the state recover from extreme weather events and prepare for further effects of climate change. It argues that California has already spent tens of billions of dollars on responding to climate change, with costs expected to rise significantly.

“The companies that have polluted our air, choked our skies with smoke, wreaked havoc on our water cycle, and contaminated our lands must be made to mitigate the harms they have brought upon the State,” the suit says.

Shell and API said the question of how to address climate change should be dealt with in the policy arena.

“We do not believe the courtroom is the right venue to address climate change, but that smart policy from government and action from all sectors is the appropriate way to reach solutions and drive progress,” Shell spokesperson Anna Arata said in an email.

“This ongoing, coordinated campaign to wage meritless, politicized lawsuits against a foundational American industry and its workers is nothing more than a distraction from important national conversations and an enormous waste of California taxpayer resources,” API Senior Vice President and General Counsel Ryan Meyers said in a statement. “Climate policy is for Congress to debate and decide, not the court system.”

California’s legal action joins dozens of similar lawsuits brought by seven other states and many municipalities seeking to hold major polluters accountable for allegedly lying about their role in causing climate change.

Eight California local governments filed some of the country’s first climate lawsuits in 2017 and 2018 that are now in state courts. At’s filing makes California the largest economy to join the campaign against oil companies. California is also one of the country’s top oil and gas producers, and Chevron, one of the defendants, is headquartered in the state.

A spokesperson for Newsom said the timing was motivated in part by the Supreme Court’s decision in April to allow existing suits from local governments to proceed in state court, rather than be moved to federal courts as oil companies wanted. State courts are seen as friendlier venues for plaintiffs seeking climate damages because they’re generally more receptive to considering state laws that deal with climate change.

“All these cases got tied up in years of procedural wrangling; oil companies doing everything they could to drag their feet,” said spokesperson Alex Stack. The “Supreme Court finally let these cases go forward this spring — the state as a whole is joining cities and counties.”

California officials have been contemplating legal action against oil companies for years, since at least the early 2010s, when former Democratic Gov. Jerry Brown was serving as California attorney general. The state did sue coal companies and automakers before that, alleging public nuisance harms stemming from climate change, but the Supreme Court rejected the arguments.

The links between oil companies and efforts to downplay the effects of climate change have become clearer since then, a former top California legal official said.

“At that time there was less information about the ongoing and continuing efforts by oil companies to mislead and misrepresent on the record,” said Ken Alex, a former senior assistant attorney general under Brown who led the office’s environmental section. “I don’t think we had the same level of information that they have now about that conduct.”

The evidence has continued to pile up. A study published this year from Harvard University and the University of Potsdam in Germany found that Exxon’s climate models from 40 years ago were spot on.

California joining the legal parade against oil companies could prove significant.

“Having California participate is a big deal,” Alex said. “These are difficult cases. They have five defendants who have endless resources; it’s not simple to prove what they need to prove in terms of misrepresentation.”

Gulf Youth Activists say ‘To fight climate change, stop offshore drilling. Now.’

[Note from BenIndy Contributor Kathy Kerridge: We’ve just gone through the hottest summer ever and are seeing severe weather disasters almost daily.  Biden canceled drilling in the Arctic National Wildlife Refuge.  Now he must stop more drilling in the Gulf.  Please read this excellent op-ed by Gulf Youth Activists.]

Photo by Maria Lupan on Unsplash.

Houston Chronicle, by Armon Alex and Maggie Peacock, September 9, 2023

This summer set all kinds of records, but they aren’t the kind of records we should be proud of.

First, we had the hottest June ever recorded on Earth. July 4 became the globe’s hottest day in history — until that record was shattered in the following days. And here in Texas, we’ve just finished the most extreme summer yet, with weeks straight of unusually high temperatures.

The reality is, we know exactly what’s making these life-threatening heat waves worse and more common: fossil fuel-driven climate change. And despite the widespread data, reports and studies that all confirm the root of the issue, we have leaders in the United States and across the world ignoring the solutions and continuing to push us to the point of no return.

We’ve been given a dire warning — the continued reliance on fossil fuels is incompatible with a liveable future. But despite this clear instruction from the world’s leading scientists, the Biden administration has issued numerous oil and gas permit approvals, including liquefied natural gas projects, the Mountain Valley Pipeline, the Willow project and multiple leases for offshore drilling.

Despite receiving the necessary approvals to begin construction, these projects will cause irreparable damage to the public’s health and the climate. The estimated emissions of the Willow project alone — the equivalent of about 4 percent of U.S. annual emissions — should be enough of a concern to stop all other oil and gas permit approvals. Unfortunately, there’s another looming carbon bomb on the Biden administration’s list.

This month, the Biden administration will release its Five Year Plan for offshore oil and gas drilling in Alaskan and Gulf waters. The draft plan proposed anywhere from zero to 11 potential leases — 10 here in the Gulf of Mexico and one in the Cook Inlet of Alaska — which is in direct opposition to President Joe Biden’s campaign commitments to end new drilling on our public lands and waters.  If Biden and his administration decide to move forward with all 11 leases, the result could be anywhere from the same amount of carbon emissions as the Willow project to 10 times as much.

Even though Biden has the authority to include no new leases in the final plan, many — including us  — are worried that this won’t be the case, especially given recent remarks by the plan’s head. U.S. Interior Secretary Deb Haaland said that when it comes to drilling for oil and gas, “I’m not running this department for the progressives who want to keep it (oil) in the ground. This is for the whole country.”

In response to Haaland, we respectfully say that this country cannot afford more oil and gas drilling while we face this urgent moment in the climate crisis. The oil and gas industry doesn’t need access to any more of our public lands and waters; they already hold nearly 12 million acres of non-producing federal land with 9,000 approved but unused production permits. Any new leases for offshore drilling could lock in additional oil and gas production for decades to come — going way beyond Biden’s goal to reach net zero emissions by 2050.

The vast majority of us will not experience any benefits from new leasing in the Five Year Plan. Instead, the oil and gas companies that are driving our planet to destruction and making record-breaking profits while doing so will win from the continued use of fossil fuels. Coastal communities such as ours in the Gulf will still be forced to live with the consequences. We will face the brunt of the pollution — swimming in oil-slicked water, eating contaminated fish, and suffering from devastating consequences to our health and environment.

We cannot continue to accept the status quo of drilling for oil and gas, especially when our communities here in Texas and nationwide face record heat, extreme weather disasters and deadly air conditions exacerbated by the continued use of fossil fuels. Biden must listen to the United Nations secretary-general, who has called for “ceasing licensing or funding of new oil and gas” to avert the most catastrophic climate change impacts. He must heed the call of the majority of Americans who oppose new offshore drilling off of our coasts.

We urge Biden, Haaland and the rest of the administration to choose to accelerate the transition from fossil fuels and finalize a plan with no wiggle room for new leases for offshore drilling. Our oceans, climate, communities and future depend on it.

 Armon Alex and Maggie Peacock are co-founders of the Gulf of Mexico Youth Climate Summit and Youth Leadership Council, and are members of EarthEcho International. They live in Corpus Christi.

California Is On the Verge of a World-Changing Climate Bill — But It’s in Trouble

Emissions disclosure bill is testing the state’s climate resolve in the face of industry misinformation.

Illustration: Javier Palma/The Guardian

Capital & Main, by Aaron Cantù, August , 2023

It’s been more than two years since a California lawmaker first introduced a bill requiring big corporations to report their greenhouse gas emissions. The information could be criticalin the fight against climate change, with global temperatures smashing records this summer — yet it died in the Legislature last year after failing by one vote.

Now, the bill could fail anew thanks to a handful of Democrats.

The Climate Corporate Data Accountability Act, carried by Sen. Scott Wiener (D-San Francisco), would force big companies to report their emissions to the California Air Resources Board.

Altogether, the lack of information on supply-chain emissions means we know only a fraction of the global economy’s climate impacts, undermining the public’s knowledge of the crisis. Some companies already report these figures, or disclose select information on their own.

But under SB 253, thousands of public and private companies — about 5,300 — would report the full scope of their climate pollution, many for the first time. That includes recognizable brands like Walmart and Costco and any other company that generates at least a billion dollars in revenue and operates in the state.

And if SB 253 becomes law in California, reportedly the largest sub-national economy in the world, it could contribute to a wave of transparency regulations requiring more corporate climate disclosures, among them the European Union’s new policy. Bill supporters say this information helps put pressure on companies to reduce their emissions.

But business interests, including the oil and gas lobby, are aligned to sink the California legislation. To pull that off, they would need the help of Democrats.

Fence-Sitting Democrats Receive Millions From Corporate Interests

Swing-vote Democrats in the State Assembly — where similar legislation failed by one vote in 2022 — may determine whether the opposition succeeds.

As Democrats have secured a supermajority in the California Legislature, business associations have increasingly targeted so-called moderate Democrats with their giving and lobbying.

Many of the same assemblymembers who helped kill the bill previously may have a chance to vote on it again. But a review of campaign contributions suggests that opposed industries have lawmakers’ ears.

Seventeen Assembly Democrats who registered no vote or voted against the bill in 2022 are still in the chamber. They have collectively taken nearly $1.16 million from oil and gas throughout their careers, including the months after last year’s session. (A full list of figures can be viewed here, with more detail here.) Thirteen lawmakers collected oil and gas money in 2023.

Over the course of their careers, Assemblymember Mike Gipson (D-South Bay) collected the most from oil and gas, at $244,380; Blanca Rubio (D-South Bay) and Brian Maienschein (D-Escondido) came in second and third, at $212,399 and $114,950.

Staff for Rubio and Maienschein didn’t return a request for comment. In an email to Capital & Main, Gipson chief of staff Emmanuel Aguayo noted Gipson’s affirmative votes on several climate bills signed last year by Gov. Newsom.

The lawmakers also took $4.6 million from business groups, many of which, such as the California Chamber of Commerce (recently rebranded as CalChamber) and regional agricultural associations, are opposed to SB 253. Forty percent of that total went to just three lawmakers: Gipson, Rubio and Maienschein. But 10 others have collected more than $100,000 each from business groups over their careers.

The governor’s rush to pass a climate package last year may have led to fatigue among some lawmakers, claimed Sen. Wiener.

“I suspect if our bill had come up a day or two before, my prediction is we would have gotten it off the floor,” Wiener said in an interview. “We just have a stronger, more diverse coalition this year.”

Wiener said he’s also planning outreach to 15 freshmen assemblymembers who would be voting for the first time. Of them, three — Esmeralda Soria (D-Merced), Blanca Pacheco (D-Downey) and Jasmeet Bains (D-Delano) — received thousands of dollars from oil and gas this year. And seven, including Soria, Pacheco and Bains, collected contributions from CalChamber (view figures here).

“We have a lot of new members, so we have a lot of work to do on that front,” Wiener said, “but I’m optimistic.”

Supply Chain Emissions a Missing Piece of Climate Puzzle 

A handful of companies are supporting the bill, including Microsoft, IKEA, Patagonia and Sierra Nevada Brewing Co.

In a letter to the Assembly’s Appropriations Committee, they wrote that the bill “would level the playing field by ensuring that all major public and private companies disclose their full emissions inventory, creating a pathway for collective reduction strategies.” The committee has to approve the bill before it can go to the Assembly floor.

CalChamber has reiterated the same concerns over two years. A letter boils it down to difficulties tracking supply chain emissions, which it has described as “impossible” and something that would “necessarily require that large businesses stop doing business with small and medium businesses” that act as subcontractors.

Such claims are “not true,” said Simon Fischweicher, head of corporations and supply chains for CDP North America. The nonprofit supports companies’ efforts to account for their emissions, and connects them to climate-conscious investors; CDP’s member companies represent trillions in global market capital.

“A significant portion of companies disclosing emissions are small or medium sized,” Fischweicher said. “It’s already happening.”

Most company’s supply chain emissions (which are referred to as Scope 3 emissions by the World Resources Institute) account for the vast majority of their climate pollution. For oil refiners, this includes emissions generated when people fuel up their cars and drive using gasoline refined from company petroleum.

To take another example, Coca-Cola can track the emissions generated when its executives drive or fly (Scope 1), or when its office buildings use fossil fuels for electricity (Scope 2). But far more pollution happens indirectly, across the lifecycle of each Coke bottle or can. Understanding it requires gathering data points from subcontractors involved in bottling and distribution, as well as estimated climate pollution from all the trashed Cokes in landfills.

The bill directs companies to use the GHG Protocol, which determines supply chain emissions by multiplying “emissions factors” by weight or cost of products. The figures are imprecise, an ongoing concern as the need for accurate information grows. Advocates say standards will improve.

“That level of granularity involves different assumptions that can be made, so we’re not always going to end up on the same exact number, even from a Coke to a Pepsi,” Fischweicher said. “But what’s critical is that companies go through those steps, understand where their impacts lie, explain those figures, and understand the methodology to know how they got there.”

Industries “Fighting, Delaying” Disclosure Rules 

Companies have railed against Scope 3 emissions requirements to the Securities and Exchange Commission, which is working on rules requiring public companies to disclose their emissions and exposure to climate change.

The U.S. Chamber of Commerce argued that the costs of compliance to businesses would be far higher than the government’s estimates — and that investors just don’t care much about emissions.

Separately, the American Petroleum Institute, the organization that once served as the fossil fuel industry’s main disseminator of climate change denial, said the information would be unreliable and hard to gather.

Yet API’s comments contradict its endorsement of emissions-gathering in other venues. In 2020, API and two other oil associations released a guide that encourages companies to report emissions across their value chains using various frameworks, among them the GHG Protocol.

And both the state chamber and oil lobby have cited the SEC’s rulemaking to argue that California’s climate disclosure bill would be redundant — even as their national counterparts oppose that same rulemaking at the SEC.

Wiener called these actions “shocking.”

“They’re fighting, delaying and trying to kill the SEC rule, but then saying we shouldn’t legislate because the SEC will handle it,” he said. “It’s so cynical.”