Sunday, August 24, 2025
  • Privacy Policy
  • Contact
  • Terms & Conditions
Environmental Magazine
Advertisement
  • Home
  • News
  • Climate Change
  • Energy
  • Recycling
  • Air
  • Fossil Fuels
  • Water
No Result
View All Result
Environmental Magazine
  • Home
  • News
  • Climate Change
  • Energy
  • Recycling
  • Air
  • Fossil Fuels
  • Water
No Result
View All Result
Environmental Magazine
No Result
View All Result
Home Fossil Fuels

Should Big Oil Be Tried for Homicide?

April 4, 2024
in Fossil Fuels
A A

Years ago, the law professor Donald Braman was listening to a description of the revelations that were emerging about fossil fuel companies’ detailed, long-held knowledge of the grievous risks their products posed to the global climate. David Arkush, the climate director at the advocacy group Public Citizen, was recounting these facts to Braman and noting the increasingly deadly impacts of extreme, climate-driven weather.

“This sounds like something that could be subject to a homicide charge,” Braman recently recalled telling Arkush.

Now, Arkush and Braman, an associate professor at George Washington University Law School, have been hosting a series of panels at prominent law schools, including Harvard and Yale, to promote the idea that fossil fuel companies should be charged with this most grievous of crimes.

We’re hiring!

Please take a look at the new openings in our newsroom.

See jobs

Their case, which they first detailed last year in a law review article, rests on the same set of facts and arguments that have propelled dozens of civil lawsuits filed by cities and states against oil companies. Those cases argue that oil companies knew decades ago about the threat their products posed to the global climate, but that rather than try to avoid those dangers, the companies launched campaigns to cast doubt on climate science and to lobby against policies that would reduce fossil fuel consumption.

“If you engage in conduct that is a substantial contributor to someone’s death, and you do it with a culpable mental state, that’s homicide,” Braman said. Criminal charges, he added, would bring a graver tone than the civil cases and would better capture the companies’ conduct. “We’re talking about the idea that these corporations had a deep and detailed understanding of what they were doing, they really tried to hide that from the world as best as they could, and they were very effective at driving doubt and delay into the market, into our democracy, so that our transition is now really dangerously close to events that are just as they predicted, globally catastrophic.”

At an event at New York University Law School last month, Arkush and Braman said oil companies could be charged with everything short of first-degree, or premeditated, murder. In addition to homicide or manslaughter, they pointed to a range of crimes that prosecutors could apply, including reckless endangerment, racketeering and anti-competitive practices.

David Arkush (left), the climate director at the advocacy group Public Citizen, Donald Bramanan, an associate professor at George Washington University Law School
David Arkush (left), the climate director at the advocacy group Public Citizen, Donald Braman, an associate professor at George Washington University Law School

As radical as it might sound, Arkush and Braman say the law is clear. Extreme heat waves, wildfires and storms have killed thousands of people in recent years, and a developing field of science has begun attributing specific numbers of those deaths to human-driven climate change.

Meanwhile, researchers have attributed certain percentages of climate pollution to specific companies, based on their historical production of fossil fuels. According to the Carbon Majors database, now maintained by the United Kingdom-based nonprofit InfluenceMap, 72 percent of global fossil fuel and cement emissions can be traced to 122 producers. The top five investor-owned companies—Chevron, ExxonMobil, BP, Shell, and ConocoPhillips—are responsible for 11 percent of historical carbon dioxide emissions from 1854 through 2022. 

And because of internal documents and public studies unearthed by advocates, lawyers and journalists at Inside Climate News and other organizations, it has become clear that major oil companies had detailed knowledge of the risks their products posed decades before they began campaigning against global climate pacts and national policies.

“We think that increasingly, as these climate harms escalate, and as evidence about what the fossil fuel companies knew and combined and conspired to suppress,” Braman said, “that more and more jurisdictions will be thinking, ‘Wow, this seems like criminal conduct.’”

A criminal charge would not be entirely unprecedented. TotalEnergies, the French multinational oil company, is facing a criminal complaint for “climaticide action” that advocacy groups filed with a prosecutor’s office in that country. But prosecutors would surely face an enormous, well-financed response by fossil fuel producers.

Scott Lauermann, a spokesperson for the American Petroleum Institute, said in a statement that “the record of the past two decades demonstrates that the industry has achieved its goal of providing affordable, reliable American energy to U.S. consumers while substantially reducing emissions and our environmental footprint. Any suggestion to the contrary is false.”

Many legal theorists will surely be skeptical, too. John Coffee, Jr., a professor at Columbia Law School and expert in corporate law, said in an email that “I do not believe that a criminal prosecution on homicide charges against the major oil companies is appropriate or can be sustained.”

The industry could argue that there is insufficient evidence linking the conduct of specific companies to specific levels of warming or harms in different jurisdictions, as the American Petroleum Institute has in the past. They could argue that they were engaged in legal conduct, selling a product that consumers around the world were demanding.

Ultimately, Braman said, it would be up to jurors to decide. And as Arkush and Braman have begun speaking with prosecutors, they say they’ve been surprised at how quickly their idea seems to have gained support. The objections or skepticism they hear, they said, are generally not based on the legal arguments but on the practical and political difficulty of bringing charges against companies that are still some of the most profitable and powerful in the world.

This story is funded by readers like you.

Our nonprofit newsroom provides award-winning climate coverage free of charge and advertising. We rely on donations from readers like you to keep going. Please donate now to support our work.

Donate Now

The goal is not to punish individuals or seek retribution, Braman said. They don’t envision a prosecution putting anyone behind bars. Instead, they argue that criminal prosecutions can result in meaningful changes that could be more difficult to achieve with civil lawsuits. They pointed to a proposed settlement with Purdue Pharma that would put constraints on the company and direct future revenue to funding programs to address addiction.

“Imagine years in the future a successful prosecution of Big Oil resulting in companies’ corporate charters being re-written to require them to focus on hastening the clean energy transition and compensating people for past harms,” Arkush said at the New York University panel.

A conviction or settlement, he argued, could result in a structured wind-down of a given company’s investment in and production of fossil fuels, while directing the profits of any ongoing production to promote renewable energy instead.

“This is some of the most harmful conduct in human history, and it’s criminal, and it is conduct that is not normally recognized as criminal,” Arkush told a room of about 20 students. “I think it is important that it be recognized that way. I think it’s important that we be thinking about these actors as criminal wrongdoers, and I think that could have enormous effects on our ability to achieve climate solutions.”

Nicholas Kusnetz

Reporter, New York City

Nicholas Kusnetz is a reporter for Inside Climate News. Before joining ICN, he worked at the Center for Public Integrity and ProPublica. His work has won numerous awards, including from the Society of Environmental Journalists, the American Association for the Advancement of Science and the Society of American Business Editors and Writers, and has appeared in more than a dozen publications, including The Washington Post, Businessweek, The Nation, Fast Company and The New York Times.

ShareTweetSharePinSendShare

Related Articles

Fossil Fuels

Great Lakes Microplastics Research Could Inform National and Global Policy

August 23, 2025
Fossil Fuels

There’s a ‘Lake’ of Oil Under LA’s Soon-to-Close Refinery. Who’s Going to Clean It Up?

August 22, 2025
Fossil Fuels

Pennsylvania Lured Shell to the State With a $1.65 Billion Tax Break. Now the Company Wants to Sell Its Plant

August 22, 2025
Fossil Fuels

Commenters Decry Proposed Repeal of Endangerment Finding in First Day of Public Hearings

August 21, 2025
Fossil Fuels

15 Children in Wisconsin File the Latest Youth Lawsuit Citing Climate Dangers

August 20, 2025
Fossil Fuels

Massachusetts Seeks to End Ratepayer-Funded Subsidy for New Natural Gas Connections

August 15, 2025

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recommended

Texas Energy Companies Are Betting Hydrogen Can Become a Cleaner Fuel for Transportation

April 2, 2024

Webinar intended to raise awareness of green skills gap

April 15, 2024

Don't miss it

Activism

The Woman Holding Chinese Mining Giants Accountable

August 24, 2025
Activism

Citing Environmental Concerns, Judge Orders Alligator Alcatraz to Wind Down Operations

August 22, 2025
Activism

Colombia’s President Called Out an Alabama Company’s Coal Exports to Israel. Now Alabamians Are Protesting

August 22, 2025
Energy

The Researcher Who Wrote the Book on How Solar Got Cheap Is Back to Assess the Current Moment

August 21, 2025
Activism

Alabama Town’s Residents Seek Preemptive Strike Against Massive Data Center Project

August 20, 2025
Energy

A Geothermal Network in Colorado Could Help A Rural Town Diversify Its Economy

August 20, 2025
Environmental Magazine

Environmental Magazine, Latest News, Opinions, Analysis Environmental Magazine. Follow us for more news about Enviroment and climate change from all around the world.

Learn more

Sections

  • Activism
  • Air
  • Climate Change
  • Energy
  • Fossil Fuels
  • News
  • Uncategorized
  • Water

Topics

Activism Air Climate Change Energy Fossil Fuels News Uncategorized Water

Recent News

The Woman Holding Chinese Mining Giants Accountable

August 24, 2025

Great Lakes Microplastics Research Could Inform National and Global Policy

August 23, 2025

© 2023 Environmental Magazine. All rights reserved.

No Result
View All Result
  • Home
  • News
  • Climate Change
  • Energy
  • Recycling
  • Air
  • Fossil Fuels
  • Water

© 2023 Environmental Magazine. All rights reserved.

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.