978-1285770178 Case Printout Case CPC-25-07 Part 3

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subject Pages 17
subject Words 7515
subject Authors Roger LeRoy Miller

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page-pf1
whether the expert has unjustifiably extrapolated from an
extinction and regional effects of global warming, except
page-pf2
151:6-152:4. Between 1977 and 2005 Hansen won eight-
een awards for his scientific work, including winning the
2. Hansen's testimony
er than the changes that drove glacial to interglacial
changes in the past. Id. at 30:22-31:1.
the sun's brightness. Id. at 12:16-24.
FN11. The concentration of carbon dioxide in
creases in carbon dioxide emissions are two parts
per million, up from one part per million when
Hansen's “tipping point” theory posits that at a certain
cluding rapid sea level rise, extinctions, and other regional
effects, would be inevitable with a two to three degrees
In the last one hundred years the temperature has in-
creased to within less than one degree Celsius of the
measured in ocean cores.
ture fluctuations were less dramatic, sea level
was at least a few meters higher than today's dur-
page-pf3
page-pf4
page-pf5
page-pf6
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
Hansen's testimony is of a different nature from much of
the expert testimony on which there is more extensive
caselaw. Hansen presented a wide-reaching theory regard-
ing the worldwide effects of unprecedented human-
created climate change, not a theory about a drug's causa-
of rapid ice sheet disintegration have also been published;
in 2005 he published an editorial essay projecting that two
to three degrees Celsius warming would likely cause a
sea-level rise of at least six meters within a century due to
ice sheet disintegration. See James E. Hansen, A Slippery
page-pf7
page-pf8
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
for thirty-five years, and is the past director of the Com-
plex Systems Research Center at the Institute for the
Study of Earth, Oceans and Space at UNH. Tr. vol. 14-A,
7:20-8:4 (Rock, May 4, 2007). He has an undergraduate
degree, a master's degree, and a Ph.D. in botany, focusing
on the comparative study of forest conditions. Id. at
10:10-15. He has published peer-reviewed articles on
the lead author of the regional assessment. Tr. vol. 14-A,
13:10-11. Rock clearly is qualified to offer an expert
the Canadian climate model-which predicted six degrees
the New England region. Tr. vol. 14-A, 15:23-
would result in very muted color displays, given that color
changes in maples result from seasonal changes in tem-
perature and day length. Id. at 18:16-24. In addition, cli-
mate change could cause the loss of maple trees in Ver-
mont, as they are unable to tolerate a warmer climate.
With the warming that either model predicts, there would
eventually be no more maples in New England. Id. at
18:24-19:3, 20:6-12.
Finally, Rock testified that warming will affect maple
December, January, and beginning mid-to-late February.
est sugar content and lowest metabolic by-
testimony on reliability grounds. Specifically, they argue
that: (1) his testimony as to likely temperature increases
page-pf9
in Vermont and New England relies on models which are
those models. Both are global models, which NERA
downscaled for use at the regional level. They do not take
into account regional environmental factors affecting re-
producing the dominant influence on regional
temperature-related climate indicators”); see also
page-pfa
K. Hayhoe et al., Quantifying the Regional Im-
Change in the Northeast, 2005.
FN27. The gist of Rock's testimony was not a
the reasons noted above, the Court does not find the use
of those models to be a source of unreliability.
Second, the '302 plaintiffs argue that Rock has improperly
of the study that underlies his opinion regarding loss of
Fed.R.Evid. 702 advisory committee's note. Rock testified
of citation to a study confirming his conclusions. See
to less snow and have an effect on Vermont's ski industry.
This seems, as a proposition, unarguably true. The study's
151:6-152:4. Between 1977 and 2005 Hansen won eight-
een awards for his scientific work, including winning the
2. Hansen's testimony
er than the changes that drove glacial to interglacial
changes in the past. Id. at 30:22-31:1.
the sun's brightness. Id. at 12:16-24.
FN11. The concentration of carbon dioxide in
creases in carbon dioxide emissions are two parts
per million, up from one part per million when
Hansen's “tipping point” theory posits that at a certain
cluding rapid sea level rise, extinctions, and other regional
effects, would be inevitable with a two to three degrees
In the last one hundred years the temperature has in-
creased to within less than one degree Celsius of the
measured in ocean cores.
ture fluctuations were less dramatic, sea level
was at least a few meters higher than today's dur-
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
Hansen's testimony is of a different nature from much of
the expert testimony on which there is more extensive
caselaw. Hansen presented a wide-reaching theory regard-
ing the worldwide effects of unprecedented human-
created climate change, not a theory about a drug's causa-
of rapid ice sheet disintegration have also been published;
in 2005 he published an editorial essay projecting that two
to three degrees Celsius warming would likely cause a
sea-level rise of at least six meters within a century due to
ice sheet disintegration. See James E. Hansen, A Slippery
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
for thirty-five years, and is the past director of the Com-
plex Systems Research Center at the Institute for the
Study of Earth, Oceans and Space at UNH. Tr. vol. 14-A,
7:20-8:4 (Rock, May 4, 2007). He has an undergraduate
degree, a master's degree, and a Ph.D. in botany, focusing
on the comparative study of forest conditions. Id. at
10:10-15. He has published peer-reviewed articles on
the lead author of the regional assessment. Tr. vol. 14-A,
13:10-11. Rock clearly is qualified to offer an expert
the Canadian climate model-which predicted six degrees
the New England region. Tr. vol. 14-A, 15:23-
would result in very muted color displays, given that color
changes in maples result from seasonal changes in tem-
perature and day length. Id. at 18:16-24. In addition, cli-
mate change could cause the loss of maple trees in Ver-
mont, as they are unable to tolerate a warmer climate.
With the warming that either model predicts, there would
eventually be no more maples in New England. Id. at
18:24-19:3, 20:6-12.
Finally, Rock testified that warming will affect maple
December, January, and beginning mid-to-late February.
est sugar content and lowest metabolic by-
testimony on reliability grounds. Specifically, they argue
that: (1) his testimony as to likely temperature increases
in Vermont and New England relies on models which are
those models. Both are global models, which NERA
downscaled for use at the regional level. They do not take
into account regional environmental factors affecting re-
producing the dominant influence on regional
temperature-related climate indicators”); see also
K. Hayhoe et al., Quantifying the Regional Im-
Change in the Northeast, 2005.
FN27. The gist of Rock's testimony was not a
the reasons noted above, the Court does not find the use
of those models to be a source of unreliability.
Second, the '302 plaintiffs argue that Rock has improperly
of the study that underlies his opinion regarding loss of
Fed.R.Evid. 702 advisory committee's note. Rock testified
of citation to a study confirming his conclusions. See
to less snow and have an effect on Vermont's ski industry.
This seems, as a proposition, unarguably true. The study's

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