Climate Science: The Legal Double Standard

Climate scientist Tim Ball is being sued by climate scientist Michael Mann for alleged defamatory remarks…

Prof Claims Climate-Denier Defamed Him


VANCOUVER, B.C. (CN) – A Pennsylvania State University professor claims climate-change denier Timothy Ball defamed him in an interview published by the Frontier Centre for Public Policy, a Winnipeg-based think tank.

Michael Mann, a professor in Penn State’s meteorology department and director of the university’s Earth Systems Science Center, claims that Ball defamed him when he said that Mann “should be in the State Pen, not Penn State,” for his alleged role in the so-called climate gate email tussle.



Maybe Dr. Ball ought to sue the author of the article for calling him a “climate-change denier.” Tim Ball is not a “climate-change denier;” he is a climate scientist who disagrees with the so-called scientific consensus regarding anthropogenic global warming. The phrase “climate-change denier” is a pejorative designed to harm the reputation of the target.

Well… Just a few years ago, NASA’s top climate “scientist”, James Hansen called for the imprisonment of people like me – oil industry scientists who disagree with him…

Put oil firm chiefs on trial, says leading climate change scientist

Ed Pilkington in New York
The Guardian, Monday 23 June 2008

James Hansen, one of the world’s leading climate scientists, will today call for the chief executives of large fossil fuel companies to be put on trial for high crimes against humanity and nature, accusing them of actively spreading doubt about global warming in the same way that tobacco companies blurred the links between smoking and cancer.



If Mann prevails in his suit, maybe I should sue Hansen…

And maybe Dr. Pat Michaels should sue Mann…


Science Journals Must Be Unpolluted by Politics

In his Dec. 18 op-ed “How to Manufacture a Climate Consensus,” Patrick J. Michaels of the Cato Institute falsely claims that work by him (and other fossil-fuel-funded climate change contrarians) has been unfairly blocked by me and others from appearing in mainstream science journals because the peer review process is supposedly biased against climate science deniers.


Michael E. Mann
Professor, Meteorology Department
Penn State University
Director, Penn State Earth System Science Center
University Park, Pa.

Editor’s note: Several weeks ago, we invited Mr. Mann to write a feature explaining his email exchanges that were revealed as part of the University of East Anglia Climatic Research Unit’s document disclosure. He declined.


Dr. Michaels is not a “climate science denier;” he is a climate scientist who disagrees with the so-called scientific consensus regarding anthropogenic global warming. The phrase “climate science denier” is a pejorative designed to harm the reputation of the target.

When the sort of methods employed by Dr. Mann in the construction of his “hockey stick,” like “Mike’s Nature Trick,” are used in the mining and oil & gas industries, people get sued, get investigated by the SEC and sometimes go to prison.

It’s outrageous enough that academic and gov’t scientists can legally engage in activities that would be called fraud in the private sector… But it is totally unacceptable when those academic and gov’t scientists call for legal action against private sector scientists who try to alert the public about the essentially fraudulent activity.

Read more here…

Top Climate Skeptic Seeks Help in Double-barrel Courtroom Shootout

By John O. Sullivan

Esteemed climate scientist, Tim Ball faces two costly courtroom libel battles. Here he reveals his concerns and appeals for help with his legal fees.

Dr. Tim Ball is widely recognized as one of Canada’s first qualified climate scientists and has long been one of the most prominent skeptics taking a stand on corruption and unethical practices. Two exponents of the global warming scare Ball has targeted, professors Michael Mann and Andrew Weaver, are now suing him for libel.

Many suspect the David Suzuki Foundation is funding Vancouver libel specialist, Roger D. McConchie who is representing both Weaver and Mann against Ball. Suzuki is reported as wanting skeptics like Ball “put in prison.”



Contributions to Dr. Ball’s legal defense can be made through his website… LINK

In the interest of full disclosure, I was approached my John O’Sullivan, on behalf of Dr. Ball, back in December, about participating in their next book project.


6 Responses to “Climate Science: The Legal Double Standard”

  1. Pascvaks Says:

    There’s no suing in science! There’s no suing in science!

    ..and for what’s it’s worth –

    There’s no defamation either!

  2. Kelly Manning Says:

    Eight year Geography Prof Tim Ball seems to be a slow learner.

    Ball does not seem to have benefited from his own epic fail attempt to sue Dr. Dan Johnson and 4 Calgary Herald editors several years ago.
    That should have taught him that in a libel suit the party with facts on it’s side wins, and the side that made things up loses. Ball made up claims about his university career and had to run away when Dan Johnson and the Calgary Herald produced documentation showing that Ball’s career was much less impressive than had been claimed.

    Odd that Ball’s debacle trying to sue for Accurate, Factual comments about Ball left Ball with a false impression he could libel Weaver and Mann and never be held accountable.

    Roger D. McConchie (and David A. Potts) literally wrote the book on “Canadian Libel and Slander Actions”

    McConchie law corporation prepared the statement of defense for Dr. Dan Johnson when 8-year Geography professor Tim Ball sued Dr. Johnson and four Calgary Herald editors for $325,000, alleging defamation.

    McConchie also represents Dr. Andrew Weaver.

    The responses from McConchie, and from the Calgary Herald’s advocates, were so effective, and so devastating, that former Geography Professor Ball gave up

    • David Middleton Says:

      His PhD thesis was on historical climatology, a discipline of physical geography. A PhD is generally granted by a college, school or department for the successful completion and defense of a thesis. Ball’s thesis was on climatology. It was granted by the geography department for his thesis in climatology. He has a climatology PhD. He was a climatology instructor/professor in the geography dept. at U of W from 1971 to 1996… Irrespective of the fact that he didn’t obtain his PhD until 1983.

      Two of my six Earth Science professors did not have PhD’s. They are both currently listed as professors emiritus by SCSU. One was a geology professor and one was the marine science professor; both taught in the Earth Science department.

      Variations of the “for 32 years I was a Professor of Climatology at the University of Winnipeg” appear all over the place. Sometimes it’s 28, sometimes it’s 32. Ball’s CV lists 25 years as an instructor/professor at the University of Winnipeg. However, he has remained an active climate researcher, writer and lecturer since his retirement from the University of Winnipeg in 1996. Dr. Ball has more than 40 years of experience as an active climatologist. Ball says that many of the bio’s listing longer tenure were not written by him. The claims of 28 or 32 years as a professor don’t appear on any of his websites. He certainly should have made a better effort to correct the various inconsistencies.

      I’ve had to correct people’s descriptions of my qualifications on more than one occasion. Summarizing one’s CV into a single phrase or sentence can easily leave one open to nit-picking. If my bio tag line said “David Middleton has a BS in geology and has been a geologist/geophysicist engaged in oil & gas exploration for 35 years,” someone could easily say that I was padding my CV or lying – Although it would be an accurate one-sentence summary of my CV. My diploma simply says Bachelor of Science Cum Laude. It was granted by the Earth Science department. My transcripts reflect an Earth Science concentration in Geology. For professional and academic purposes, I have a BS in Geology. Even though I have been advised to list my degree as such on my CV, I choose to list it as BS, Earth Science (Geology Concentration) because I don’t want to tempt nitpickers.

      One of the reasons Ball dropped his lawsuit against the Calgary Herald and Dan Johnson was the Herald’s decision to partially retract Johnson’s attack on Ball…

      On Sunday, April 2006, The Herald published a letter from Dan Johnson, a professor in environmental science at the University of Lethbridge. Johnson was responding to an article of April 19, 2006, written by Dr. Timothy Ball. In his letter, Johnson criticized Ball’s lack of research regarding climate and said he rarely published while teaching at the University of Winnipeg.

      According to Ball’s curriculum vitae, he has conducted research on climate and has published 51 papers – 32 directly related to climate and atmosphere. The Herald wishes to clarify that information.

      Frankly, I think Dr. Ball was unwise in filing that suit against Johnson and the Herald. It provides people like you with plenty of straw from which to build strawmen.

      However, in the private sector… “Mike’s Nature Trick” would be considered fraud… It might not get you sent to the “the State Pen” rather than “Penn State”… But it would get you fired.

      • Rev Says:

        “One of the reasons Ball dropped his lawsuit against the Calgary Herald and Dan Johnson was the Herald’s decision to partially retract Johnson’s attack on Ball…”

        Wrong. It is all public record, which I easily found with google and archives. Ball demanded a letter of retraction from the Herald. The Herald capitulated and published the retraction (probably slandering the original letter writer). Ball sued the Herald ANYWAY. The University of Lethbride was released from the lawsuit for unknown reasons. Ball dropped the suit against the Herald months later, only after they matched the defense of the letter author and attacked Ball. Some time later, the case was dropped against the letter author.

  3. Kelly Manning Says:

    Ball was only a Geography Prof for 8 years. His only work in climatology was in Historical Climatology, analyzing journals kept by Hudson Bay Company traders and factors. Ball does not have a degree or background in Atmospheric Physics or any Physical Science.

    Thermometers were uncommon when the HBC Ship Nonsuch sailed into Hudson Bay in the late 1600s, but the records show a record of First Snow days, Snow Off days, river, lake and ocean freeze up and spring break up that shows how much colder and longer Arctic winters used to be.

    Like many other individuals, enterprises and governments the HBC tried to find a sea route through the arctic ice for centuries, without success until the early 1900s. HBC has lost ships to the Ice, even in the last century.

    Samuel Clemens (Mark Twain) even wrote a story about the folly of attempts to find a “Northwest Passage” in the 1800s. Now we have the Chief USA Navy Oceanographer Admiral David Titley appearing in Uniform, identifying himself by name, rank and assignment, and discussing USA Navy plans for bulk transports sailing directly over the North Pole for 3 months every year, and the USA Navy planning for 1 to 2 meter rise in Sea Level affecting Navy shore installations, shipyards, and coastal oil refineries in this century.

    The “Nature Trick” consisted of adding another line, of measured temperatures, to the charts, to show that tree ring data does not correlate with actual measured temperatures in the same regions in recent years.

    How deceitful! -)

    By the way, have you heard that measured temperature data since 1995 now gives a 95% confidence level for Global Warming?

    Last year it was at the 93% Confidence level for data since 1995. More years, more warmth, more confidence that Global Warming is a real, measured, fact.

    2010 tied 2005 for being the warmest year on record.

    The most difficult hurdle “critics” have is that despite year to year variations the average keeps increasing.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: