The Environmental Journal of Southern Appalachia

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Excerpt from 1966 Mining Congress JournalThis is an excerpt from a 1966 article in Mining Congress Journal indicating mining interests were already aware of the potential for climate change due to carbon dioxide emissions.

Circuit Court ruling: Private emails on public servers don’t always equal public records

KNOXVILLE — A Knox County judge ruled in a lawsuit that spun off from the “Coal Knew, Too” scandal that emails sent or received by a University of Tennessee professor aren’t public records.

Circuit Court Judge William T. Ailor turned aside a bid made by Knoxville-based writer Kathleen Marquardt to review the emails of Chris Cherry, a professor with UT’s Department of Civil and Environmental Engineering, according to court records. 

Marquardt filed the Public Records lawsuit four years ago, but the case didn’t actually make it into a courtroom until a pair of hearings held earlier this year. 

According to Judge Ailor’s opinion, the bare fact that Cherry and freelance reporter Élan Young (who was also employed by UT at the time and currently writes for Hellbender Press) exchanged emails using their UT accounts “does not raise the emails themselves to the level of being public records.” 

The origins of the lawsuit date back to 2019, when Cherry rescued some old coal industry trade journals that a colleague was about to toss in a dumpster after cleaning out an office.

In one of the discarded issues of the Mining Congress Journal was an article from 1966 that contained a statement from the then-president of a coal mining organization explaining that fossil fuel use was causing an increase in atmospheric carbon dioxide that would cause vast changes in the Earth’s climate through global warming. 

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Coal industry acknowledged its contribution to climate change in 1966

KNOXVILLE — It began innocently enough.

A little over four years ago, an old trade journal was rescued en route to a dumpster by a professor from the University of Tennessee’s Department of Civil and Environmental Engineering.

Professor Chris Cherry had no reason to suspect the journal contained a powerhouse revelation — the coal industry had been aware since 1966 that burning fossil fuels would eventually trigger cataclysmic global warming and had subsequently engaged in a decades-long coverup to protect corporate profits.

Cherry’s surprise discovery soon became international news thanks to a story written by a fellow UT employee, Élan Young, that was picked up by Huffpost. (Young is a regular contributor to Hellbender Press).

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