Here's a quick response to similar comments posted on my blog:

Consumers and society at large have certainly benefited from the use of 
fossil fuels, no question about that. But in terms of direct benefits from 
unearthing and selling the stuff, a case can be made that the fossil fuel 
industry is the big winner. The industry also constitutes a bounded group 
of readily identifiable actors, which is important when figuring out who 
will pay in practice.

I agree that SRM and oil spill liability are not the same thing--a legal 
chain tying fossil fuel companies to SRM damages would be longer and more 
tenuous than a chain connecting an oil company to an oil spill. But even in 
the latter case it's not so straightforward: tanker owners are the 
immediately responsible parties under international law and bear primary 
liability for spills (the IOPC Funds form a second tier).

I also assume that governments, not companies, will run any SRM deployment.

Josh

On Friday, February 14, 2014 4:51:19 AM UTC-5, andrewjlockley wrote:
>
>
> http://scienceblogs.com/stoat/2014/02/13/who-should-pay-for-solar-geoengineering-liability/
>
> A question raised by the normally sensible Geoengineering Politics. They 
> come to an odd conclusion:any damages caused by SRM [Solar Radiation 
> Management, I believe - W] would essentially be the negative side effects 
> of a response measure intended to remediate harms caused by excessive 
> fossil fuel use, and fossil fuel companies have been the primary direct 
> beneficiaries of this activity, it stands to reason that they should be the 
> ones to pay for its cleanupand offer an analogy:This is precisely how the 
> international oil spill liability regime works–the International Oil 
> Pollution Compensation (IOPC) Funds, financed exclusively by oil companies, 
> have paid out more than $700 million in compensation since 1978Now there is 
> a problem with this analogy, or rather two. The first and most obvious is 
> that oil spills are caused directly by the oil companies, and dealing with 
> them is a cost of their operation (or they could tighten up their 
> procedures and spill less, which would also cost, but differently). You 
> could argue that paying for SRM is analogous to paying for oil spills, but 
> paying for getting it wrong is stretching things a bit. If some (company, 
> or govt) puts up mirror-satellites to reduce incoming solar, and 
> accidentally fries Australia, is that really the fault of those who put the 
> CO2 in the atmosphere? This is perhaps part of the fun that things like 
> geoengineering will inevitably lead to. After all, GW will have benefits as 
> well as costs, so sorting out whether those who would have benefited are 
> allowed to sue those who prevented that benefit would be fun.The second 
> problem is that spilling fuel is a consequence of extracting or 
> transporting oil, but not a necessary consequence. Thus its reasonable to 
> expect the companies to minimise it, and to fine (or otherwise force them 
> to pay up to clear up the mess) if they do spill. Whereas emitting CO2 
> (most fossil fuel is inevitably going to get burned at some point in its 
> use cycle) is essentially a necessary consequence of extracting and selling 
> fuels.I’m also dubious about the assertion that in regard to excessive 
> fossil fuel use, … fossil fuel companies have been the primary direct 
> beneficiaries of this activity. As I said before, I think the primary 
> beneficiary has been the consumer of the fossil fuels, not the companies.
>

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