"I have no doubt that we will win this case," Balder said. "No doubt whatsoever. But I don't want my people thinking that way! I want them worried as hell. I want my team running scared before any trial. And especially this one. We are bringing this suit against the EPA, and in anticipation of that, the agency has retained outside counsel in the person of Barry Beckman."
"Whew," Evans said. "Big guns."
Barry Beckman was the most famous litigator of his generation. A professor at Stanford Law School at twenty-eight, he left the university in his early thirties to go into private practice. He had already represented Microsoft, Toyota, Phillips, and a host of other multinationals. Beckman had an incredibly agile mind, a charming manner, a quick sense of humor, and a photographic memory. Everyone knew that when he argued before the Supreme Court (as he had done three times already) he cited document page numbers as he answered the Justices' questions. "Your honor, I believe you will find that in footnote 17 on the bottom of page 237." Like that.
"Barry has his faults," Balder said. "He has so much information at his fingertips that he can easily slip into irrelevance. He likes to hear himself talk. His arguments drift. I have beaten him once. And lost to him, once. But one thing is sure: We can expect an extremely well-prepared opposition."
"Isn't it a little unusual to hire an attorney before you've even filed?"
"It's a tactic," Balder said. "The current administration doesn't want to defend this lawsuit. They believe they will win, but they don't want the negative publicity that will accompany their brief against global warming. So they hope to intimidate us into dropping the case. And of course we never would. Especially now that we are fully funded, thanks to Mr. Morton."
"That's good," Evans said.
"At the same time, the challenges are significant. Barry will argue that there is insufficient evidence for global warming. He will argue that the supporting science is weak. He will argue that the predictions from ten and fifteen years ago have already been shown to be wrong. And he will argue that even leading proponents of global warming have publicly expressed doubts about whether it can be predicted, whether it is a serious problemand indeed, whether it's occurring at all."
"Leading proponents have said that?"
Balder sighed. "They have. In journals."
"I've never read anything of that sort."
"The statements exist. Barry will dig them out." He shook his head. "Some experts have expressed different views at different times. Some have said rising carbon dioxide isn't a big problem; now they say it is. So far, we don't have a single expert witness that can't be turned. Or made to look very foolish on cross."
Evans nodded sympathetically. He was familiar with this circumstance. One of the first things you learned in law school was that the law was not about truth. It was about dispute resolution. In the course of resolving a dispute, the truth might or might not emerge. Often it did not. Prosecutors might know a criminal was guilty, and still be unable to convict him. It happened all the time.
"That's why," Balder said, "this case is going to hinge on the sea-level records in the Pacific. We are collecting all available data records now."
"Why does the case hinge on that?"
"Because I believe," Balder said, "that this is a case we should bait and switch. The case is about global warming, but that's not where the emotional impact is for a jury. Juries aren't comfortable reading graphs. And all this talk about tenths of a degree Celsius goes right over their heads. It's technical detail; it's the quibbles of experts; and it's incredibly boring for normal people.
"No, the jury will see this as a case about helpless, victimized, impoverished people being flooded out of their ancestral homelands. A case about the terror of sea levels rising precipitouslyand inexplicably with no conceivable cause unless you accept that something extraordinary and unprecedented has affected the entire world in recent years. Something that is causing the sea levels to rise and to threaten the lives of innocent men, women, and children."
"And that something is global warming."
Balder nodded. "The jury will have to draw their own conclusions. If we can show them a convincing record of rising sea levels, we will be on very strong ground. When juries see that damage has been done, they are inclined to blame somebody."
"Okay." Evans saw where Balder was going. "So the sea-level data is important."
"Yes, but it needs to be solid, irrefutable."
"Is that so hard to obtain?"
Balder cocked an eyebrow. "Mr. Evans, do you know anything about the study of sea levels?"
"No. I just know that sea levels are rising around the world."
"Unfortunately, that claim is in considerable dispute."
"You're joking."
"It is well known," Balder said, "that I have no sense of humor."
"But sea level can't be disputed," Evans said. "It's too simple. You put a mark on a dock at high tide, measure it year after year, watch it go up amp;I mean, how difficult can it be?"
Balder sighed. "You think sea level is simple? Trust me, it's not. Have you ever heard of the geoid? No? The geoid is the equipotential surface of the earth's gravitational field that approximates the mean sea surface. That help you?"
Evans shook his head.
"Well, it is a core concept in the measurement of sea levels." Balder flipped through the stack of papers in front of him. "How about glacio-hydro-isostatic modeling? Eustatic and tectonic effects on shoreline dynamics? Holocene sedimentary sequences? Intertidal foraminifera distributions? Carbon analysis of coastal paleoenvironments? Aminostratigraphy? No? Not ringing a bell? Let me assure you, sea level is a fiercely debated specialty." He tossed the last of the papers aside. "That's what I'm working through now. But the disputes within the field give added importance to finding an unimpeachable set of data."
"And you are obtaining this data?"
"Waiting for them to arrive, yes. The Australians have several sets. The French have at least one in Moorea and perhaps another in Papeete. There is a set that was funded by the V. Allen Willy Foundation, but it may be of too short a duration. And other sets as well. We will have to see."
The intercom buzzed. The assistant said, "Mr. Balder, it's Mr. Drake on the line, from NERF."
"All right." Balder turned to Evans, extended a hand. "Nice talking with you, Mr. Evans. Again, our thanks to George. Tell him any time he wants to have a look around, he can drop by. We are always hard at work here. Good luck to you. Close the door on your way out."
Balder turned away, picking up the phone. Evans heard him say, "Well, Nick, what the fuck is going on at NERF? Are you going to fix this for me, or not?"
Evans closed the door.
He walked out of Balder's office with a sense of nagging unease. Balder was one of the most persuasive men on the planet. He had known Evans was there on behalf of George Morton. He knew Morton was on the verge of making a huge contribution to the lawsuit. Balder should have been totally upbeat, radiating confidence. And he had, indeed, begun that way.
I have no doubt we will win this lawsuit.
But then, Evans had heard:
The challenges are significant.
I do not have a single expert witness who can't be turned.
This is a case we should bait and switch.
This case will hinge on sea-level records.
Sea level is a fiercely debated specialty.
We will have to see.
It certainly wasn't a conversation calculated to raise Evans's level of confidence. Neither, for that matter, was the video session he'd had with Jennifer Haynes, discussing the scientific problems the lawsuit would face.
But then, as he considered it, he decided that these expressions of doubt were actually a sign of confidence on the part of the legal team. Evans was an attorney himself; he had come to learn the issues surrounding the trial, and they had been forthright with him. It was a case they would win, even though it would not be easy, because of the complexity of the data and the short attention span of the jury.
So: would he recommend that Morton continue?
Of course he would.
Jennifer was waiting for him outside Balder's office. She said, "They're ready for you back in the conference room."
Evans said, "I'm really sorry, I can't. My schedule amp;"