by Mike O’Brien

At the dawn of this new year, I might have chosen to wax hopeful about promising social and technological developments boding well for the future. Or I might have taken a light-hearted detour from my usual concerns, and written about something artistic, literary or otherwise creatively engaging. But no, there will be none of that here. Because this leopard has accepted his spots, and so instead I will be sharing some sobering and morally outrageous tidbits from a 250-page court filing. I really do think grad school broke my brain. Normal people don’t read court filings. Not even all lawyers do (avoid those ones).
The filing in question was submitted to the federal district court in Puerto Rico near the end of November 2022. Entitled “Municipalities of Puerto Rico vs Exxon Mobil et al.”, it is a class action complaint filed by 16 Puerto Rican municipalities on behalf of all municipalities on the island (these being the “class” represented), against the largest investor-owned energy companies (and their collaborators) conducting business in the territory. These defendants include Exxon Mobil, Shell, Chevron, BP, Peabody Energy, and many others besides, along with the network of media, public relations and think-tank enterprises which these energy companies employed for their anthropogenic global warming (AGW) denial campaigns. Puerto Rico is particularly vulnerable to climate change, as a small island territory in the path of “Hurricane Alley”, and surrounded by waters that are experiencing faster-than-average warming. This vulnerability is cited throughout the complaint, characterizing the territory as an “eggshell plaintiff”, analogous to someone with an eggshell-thin skull who suffers great harm from a blow to the head. The defendant may not have known that the victim had such a thin skull, but they ought to have known that hitting people on the head was likely to cause harm, and must suffer the bad luck of being fully liable for the extraordinarily bad consequences. Of course, in the case of the fossil fuel industry and Puerto Rico, the industry’s own data told them that Puerto Rico had the climate-vulnerability equivalent of an eggshell skull. But this is an industry that historically has had no qualms about bashing literal skulls to advance its interests, so figurative skull-bashing ought not to elicit surprise. Read more »



Flor Garduno. Basket of Light, Sumpango, Guatemala. 1989.


In 1965, John McPhee wrote an article for The New Yorker titled “

Watching the Oathkeepers cry during the federal court trials under the charge of sedition, I considered the fate of seditious Loyalists during the Revolutionary War whom they most closely resemble in the topsy-turvy world of contemporary politics. The Revolutionary War was a civil war, combatants were united with a common language and heritage that made each side virtually indistinguishable. Even before hostilities were underway, spies were everywhere, and treason inevitable. Defining treason is the first step in delineating one country from another, and indeed, the five-member “Committee on Spies’ ‘ was organized before the Declaration of Independence was written.
In 2022, I worked harder than before to keep my students’ tables free of smartphones. That this is a matter for negotiation at all, is because on the surface, the devices do so many things, and students often make a reasonable, possibly-good-faith case for using it for a specific purpose. I forgot my calculator; can I use my phone? No, thank you for asking, but you won’t be needing a calculator; just start with this exercise here, and don’t forget to simplify your fractions. Can I listen to music while I work? Yeah, uhm, no, I happen to be a big believer in collaborative work, I guess. Can I check my solutions online please? Ah, very good; but instead, use this printout that I bring to every one of your classes these days. I’m done, can I quickly look up my French homework? That’s a tough one, but no; it’s seven minutes to the bell anyway and I prepared a small Kahoot quiz on today’s topic. (So everyone please get your phones out.)
Lita Albuquerque. Southern Cross, 2014, from Stellar Axis: Antarctica, Ross Ice Shelf, Antarctica, 2006.
A tree in the vicinity of Rumi’s tomb has me transfixed. It isn’t the tree, actually, it is the force of attraction between tree-branch and sun-ray that seems to lift the tree off the ground and swirl it in sunshine, casting filigreed shadows on the concrete tiles across the courtyard. The tree’s heavenward reach is so magnificent that not only does it seem to clasp the sun but it spreads a tranquil yet powerful energy far beyond itself. It is easy to forget that the tree is small. I consider this my first meeting with Shams.