New climate paper calls for charging big US oil firms with homicide
Oil companies have come under increasing legal scrutiny and face allegations of defrauding investors, racketeering, and a wave of other lawsuits. But a new paper argues there’s another way to hold big oil accountable for climate damage: trying companies for homicide.
The striking and seemingly radical legal theory is laid out in a paper accepted for publication in the Harvard Environmental Law Review. In it, the authors argue fossil fuel companies “have not simply been lying to the public, they have been killing members of the public at an accelerating rate, and prosecutors should bring that crime to the public’s attention”.
https://www.theguardian.com/environ...-spring-tucson-arizona-climate-crisis-drought
“What’s on their ledger in terms of harm, there’s nothing like it in human history,” said David Arkush, the director of the climate program at consumer advocacy group Public Citizen and one of the paper’s authors.
The paper is rooted in part in the growing body of evidence fossil fuel companies knew of the harm their products caused and misled the public about them.
Attorneys general and cities have used that information to sue oil companies for financial damages caused by rising seas, wildfires and heat. But the new paper argues that oil companies’ climate research and continued fight to delay climate regulations amount to a “culpable mental state” that has inflicted harm on people, including death.
“Once you start using those terms, you come to realize that’s criminal law,” said Donald Braman, a law professor at George Washington University and Arkush’s co-author. “Culpable mental state causing harm is criminal conduct, and if they kill anybody, that’s homicide.”
Braman argued that pursuing homicide charges would have a greater impact on fossil fuel companies than the cases currently wending their way through court in part because the penalties would be steeper. Rather than paying a fine, homicide charges could open up an array of other outcomes that could materially alter how companies operate.