FAQ

Q. Why send a letter to the AttorneyS General? What will it do?

Most U.S. states have a “quo warranto” procedure, derived from the common law, that traditionally lets a third party petition a state Attorney General to investigate where a public official is getting his or her authority to do a certain act, or whether a corporation is acting in the public interest. Some states, like California, have codified the quo warranto procedure by statute. Cal. Corp. Code § 1801; Cal. Civ. Proc. Code § 803.

We will be sending the #climateletter to each U.S. State Attorney pursuant to these quo warranto mechanisms, either citing to the common law or to the operative statute.

Our theory of change is that the Attorneys General, particularly if they are united, can compel dramatic and overnight change in the United States. They have the resources and the authority to take on the Big Polluters.

Q. What happens if the AttorneyS General don’t do anything?

In most states, if an Attorney General refuses to take action, that refusal can be reviewed under an abuse of discretion standard by a state court, either by statute or through a common law writ of mandamus.

Q. Has anyone ever tried this before?

In the 1990s, there were several different attempts by citizen’s groups and attorneys to have state Attorneys General investigate corporate conduct, and to pursue the possibility of revoking corporate charters or restricting corporate conduct under these quo warranto procedures.

Maybe one of the most well known was the effort by Robert Benson to have the California State Attorney General revoke the corporate charter of Unocal. In that instance, the Attorney General refused to take action. While no further legal action was taken by Benson’s group, it proved that the procedure worked.

Q. Why is just atonement inc. the right group to do this?

Just Atonement Inc.’s founder, Inder Comar, has practiced both corporate and human rights law for more than a decade. He knows the ins and outs of corporate law, and he believes strongly that the corporate form must evolve and change so that it acts symbiotically with society and with natural systems. He believes in the human rights framework and has litigated human rights cases for most of his career.

Q. Is there a “plaintiff” who submits the #climateletter?

There is no plaintiff who submits the letter. The nature of a quo warranto proceeding is that any third party can bring the action. If the Attorney General agrees that action should be taken, the Attorney General takes over. If the Attorney General declines to take action, Just Atonement Inc. could file a writ of mandamus in a state court against the Attorney General to force the Attorney General to take action against the Big Polluters.

The purpose of the #climateletter is to have the Attorneys General take action, not Just Atonement Inc., or any member of the Steering Committee. At no time does the letter trigger any proceedings directly against the Big Polluters, without the oversight and protection of the Attorneys General.

Q. what is involved in joining the steering committee?

Joining the Steering Committee is designed to empower international attorneys and other experts who wish to meet other aligned professionals, provide input into the #climateletter, and participate in a larger movement related to the climate breakdown.