CULVER CITY
TUESDAY, AUGUST 24
10:30 A.M.

The Vanutu litigation team had taken over an old warehouse south of Culver City. It was an industrial area, with potholes in the streets. There was nothing to see from the curb: just a plain brick wall, and a door with the street number in battered metal numerals. Evans pushed the buzzer and was admitted to a small walled-off reception area. He could hear the low murmur of voices from the other side of the wall, but he could see nothing at all.

Two armed guards stood on either side of the far door, leading into the warehouse itself. A receptionist sat at a small desk. She gave him an unfriendly look.

“And you are?”

“Peter Evans, Hassle and Black.”

“To see?”

“Mr. Balder.”

“You have an appointment?”

“No.”

The receptionist looked disbelieving. “I will buzz his assistant.”

“Thank you.”

The receptionist talked on the phone in a low voice. He heard her mention the name of the law firm. Evans looked at the two guards. They were from a private security firm. They stared back at him, their faces blank, unsmiling.

The receptionist hung up and said, “Ms. Haynes will be out in a moment.” She nodded to the guards.

One of them came over and said to Evans, “Just a formality, sir. May I see some identification?”

Evans gave him his driver’s license.

“Do you have any cameras or recording equipment on your person?”

“No,” Evans said.

“Any disks, drives, flash cards, or other computer equipment?”

“No.”

“Are you armed, sir?”

“No.”

“Would you mind raising your arms for a moment?” When Evans gave him a strange look, the guard said, “Just think of it like airport security,” and he patted him down. But he was also clearly feeling for wires. He ran his fingers over the collar of Evans’s shirt, felt the stitching in his jacket, ran his finger around his waistband, and then asked him to take off his shoes. Finally he passed an electronic wand over him.

“You guys are serious,” Evans said.

“Yes we are. Thank you, sir.”

The guard stepped away, resuming his place at the wall. There was no place to sit, so Evans just stood there and waited. It was probably two minutes before the door opened. An attractive but tough-looking woman in her late twenties, with short dark hair and blue eyes, wearing jeans and a white shirt, said, “Mr. Evans? I’m Jennifer Haynes.” Her handshake was firm. “I work with John Balder. Come this way.”

They went inside.

 

They were in a narrow corridor, with a locked door at the far end. Evans realized it was a security lock—two doors to get inside.

“What was that all about?” he said, indicating the guards.

“We’ve had a little trouble.”

“What kind of trouble?”

“People want to know what’s going on here.”

“Uh-huh…”

“We’ve learned to be careful.”

She held her card against the door, and it buzzed open.

They entered an old warehouse—a vast, high-ceilinged space, separated into large rooms by glass partitions. Immediately to his left, behind glass, Evans saw a room filled with computer terminals, each manned by a young person with a stack of documents beside their keyboard. In big lettering on the glass it said, “data-raw.”

To his right, there was a matching conference room labeled “satellites/radiosonde.” Evans saw four people inside that room, busily discussing huge blowups of a graph on the wall, jagged lines on a grid.

Farther along there was another room marked “general circulation models (gcms).” Here the walls were plastered with large maps of the world, graphical representations in many colors.

“Wow,” Evans said. “Big operation.”

“Big lawsuit,” Jennifer Haynes replied. “These are all our issue teams. They’re mostly graduate students in climate science, not attorneys. Each team is researching a different issue for us.” She pointed around the warehouse. “The first group does raw data, meaning processed data from the Goddard Institute for Space Studies at Columbia University, in New York, from the USHCN at Oak Ridge, Tennessee, and from Hadley Center in East Anglia, England. Those are the major sources of temperature data from around the world.”

“I see,” Evans said.

“Then the group over there works on satellite data. Orbiting satellites have recorded temperatures of the upper atmosphere since 1979, so there is more than a twenty-year record. We’re trying to figure out what to do about it.”

“What to do about it?”

“The satellite data’s a problem,” she said.

“Why?”

As though she hadn’t heard him, she pointed to the next room. “The team there is doing comparative analyses of GCMs—meaning the computer-generated climate models—from the 1970s to the present. As you know, these models are immensely complex, manipulating a million variables or more at once. They are by far the most complex computer models ever created by man. We’re dealing with American, British, and German models, primarily.”

“I see…” Evans was starting to feel overwhelmed.

“And the team down there is doing sea-level issues. Around the corner is paleoclimate. Those’re proxy studies, of course. And the final team is dealing with solar irradiance and aerosols. Then we have an off-site team at UCLA that is doing atmospheric feedback mechanisms, primarily focusing on cloud cover as it varies with temperature change. And that’s about all of it.” She paused, seeing the confusion on Evans’s face. “I’m sorry. Since you work with George Morton, I assumed you were familiar with all this stuff.”

“Who said I work with George Morton?”

She smiled. “We know our job, Mr. Evans.”

They passed a final glass-walled room that had no label. It was filled with charts and huge photographs, and three-dimensional models of the earth set inside plastic cubes. “What’s this?” he said.

“Our AV team. They prepare visuals for the jury. Some of the data is extremely complex, and we’re trying to find the simplest and most forceful way to present it.”

They walked on. Evans said, “Is it really that complicated?”

“That’s correct,” she said. “The island nation of Vanutu is actually four coral atolls in the southern Pacific, which have a maximum elevation of twenty feet above sea level. The eight thousand inhabitants of those islands are at risk of being flooded out by rising sea levels caused by global warming.”

“Yes,” Evans said. “I understand that. But why do you have so many people working on the science?”

She looked at him oddly. “Because we’re trying to win the case.”

“Yes…”

“And it’s not an easy case to win.”

“What do you mean?” Evans said. “This is global warming. Everybody knows that global warming is—”

A voice boomed from the other end of the warehouse. “Is what?

A bald, bespectacled man came toward them. He had an ungainly gait, and looked like his nickname: the Bald Eagle. As always, John Balder was dressed all in blue: a blue suit, a blue shirt, and a blue tie. His manner was intense, his eyes narrowed as he looked at Evans. In spite of himself, Evans was intimidated to meet the famous litigator.

Evans extended his hand. “Peter Evans, Hassle and Black.”

“And you work with George Morton?”

“Yes sir, I do.”

“We are indebted to Mr. Morton’s generosity. We strive to be worthy of his support.”

“I’ll tell him that, sir.”

“I’m sure you will. You were speaking of global warming, Mr. Evans. Is it a subject that interests you?”

“Yes, sir, it does. And every concerned citizen of the planet.”

“I certainly agree. But tell me. What is global warming, as you understand it?”

Evans tried to conceal his surprise. He hadn’t expected to be quizzed. “Why do you ask?”

“We ask everybody who comes here. We’re trying to get a feel for the general state of knowledge. What’s global warming?”

“Global warming is the heating up of the earth from burning fossil fuels.”

“Actually, that is not correct.”

“It’s not?”

“Not even close. Perhaps you’d try again.”

Evans paused. It was obvious he was being interrogated by a fussy and precise legal mind. He knew the type only too well, from law school. He thought for a moment, choosing his words carefully. “Global warming is, uh, the heating up of the surface of the earth from the excess of carbon dioxide in the atmosphere that is produced by burning fossil fuels.”

“Again, not correct.”

“Why not?”

“Several reasons. At a minimum, I count four errors in the statement you just made.”

“I don’t understand,” Evans said. “My statement—that’s what global warming is.”

“In fact, it is not.” Balder’s tone was crisp, authoritative. “Global warming is the theory—”

“—hardly a theory, anymore—”

“No, it is a theory,” Balder said. “Believe me, I wish it were otherwise. But in fact, global warming is the theory that increased levels of carbon dioxide and certain other gases are causing an increase in the average temperature of the earth’s atmosphere because of the so-called ‘greenhouse effect.’”

“Well, okay,” Evans said. “That’s a more exact definition, but…”

“Mr. Evans, you yourself believe in global warming, I take it?”

“Of course.”

“Believe in it strongly?”

“Sure. Everybody does.”

“When you have a strongly held belief, don’t you think it’s important to express that belief accurately?”

Evans was starting to sweat. He really felt like he was back in law school. “Well, sir, I guess…not really, in this case. Because when you refer to global warming, everybody knows what you are talking about.”

“Do they? I suspect that even you don’t know what you are talking about.”

Evans felt a burst of hot anger. Before he could check himself, he had blurted, “Look, just because I may not be expressing the fine details of the science—”

“I’m not concerned about details, Mr. Evans. I’m concerned about the core of your strongly held beliefs. I suspect you have no basis for those beliefs.”

“With all due respect, that’s ridiculous.” He caught his breath. “Sir.”

“You mean you do have such a basis?”

“Of course I do.”

Balder looked at him thoughtfully. He seemed pleased with himself. “In that case, you can be a great help to this lawsuit. Would you mind giving us an hour of your time?”

“Uh…I guess so.”

“Would you mind if we videotaped you?”

“No, but…why?”

Balder turned to Jennifer Haynes, who said, “We’re trying to establish a baseline for what a well-informed person such as yourself knows about global warming. To help us refine our jury presentation.”

“Sort of a mock jury of one?”

“Exactly. We’ve interviewed several people already.”

“Okay,” Evans said. “I guess I could schedule that at some point.”

Now is a good time,” Balder said. He turned to Jennifer. “Get your team together in room four.”

“Of course I’d like to help,” Evans said, “but I came here to get an overview—”

“Because you’ve heard there are problems with the lawsuit? There aren’t. But there are significant challenges,” Balder said. He glanced at his watch. “I’m about to go into a meeting,” he said. “You spend some time with Ms. Haynes, and when you’re done, we’ll talk about the litigation as I see it. Is that all right with you?”

There was nothing Evans could do but agree.