How might System Dynamics (SD) be used to support an amicus curiae brief?
How might the SD community collaborate to document the cause and effect of climate change, as a system, to be used in an amicus curiae brief?
Where a case may have broader implications, amicus curiae briefs are a way to introduce those concerns, so that the possibly broad legal effects of court decisions will not depend solely on the parties directly involved in the case.
Challenge: How can you prove that oil dug out of the ground by Exxon is causing a tiny Alaskan village to disappear?
Problem
1. “There is no realistic possibility of tracing any particular alleged effect of global warming to any particular emissions by any specific person, entity, group at any particular point in time,” wrote US District Judge Saundra Brown Armstrong.
2. “In the case of global climate change, a molecule of carbon is literally around the world in seven days,” Scott Segal, an attorney who defends energy companies, told the Washington Post in July. “The requisite causation needed for nuisance suits is missing and unprovable.”
Response
1. “We have better science,” Berman argued. “We think causation will be easier to prove.”
2. Financial damages from climate change are more quantifiable.
3. They marketed and sold a product that they knew is causing climate change.
Reference
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