CSI: Climateville

In March 2023, E&E News, a Politico outlet, published a fascinating article suggesting that oil companies might soon face not only civil lawsuits. It suggested they might face criminal charges — for climate homicide.

At the time, I missed the article. Of course I would, there was so much happening elsewhere and that article didn’t really get the amplification typical of pretty much anything with the word “climate” in it. I guess it’s because the paper, on which the article was based, wasn’t officially published yet. Well, it is now and it is accusing the oil industry of “lethal conduct”.

The authors of the paper are the head of Public Citizen’s climate programme because of course Public Citizen has a climate programme, and a criminal law professor from George Washington University. The idea is quite simple as you might expect from the wording. They suggest that criminal charges can be brought against the oil industry for deaths that have occurred allegedly due to climate change.

“Criminal law is how we say what is right and wrong in our society,” David Arkush of Public Citizen told The Guardian last month as the news of the paper started making the rounds. “I think it’s important that some of the most damaging conduct in human history be squarely recognized and pursued as criminal.”

I’m sure most of us would wholeheartedly agree. I’m also sure most of us would ask some questions such as “So what happened to all those crooked bankers responsible for the 2008 crisis?” or “How about putting certain politicians on trial for, you know, policies that have resulted in deaths?” I’m thinking poverty. I’m thinking drug abuse.

Clearly, my thinking is wrong. The money is in suing oil companies for homicide. Because, the argument goes, they knew their business causes climate change and chose to conceal this from the public, the authors of that paper claim. They also claim that “prosecution for homicide may be the most effective legal remedy available in cases like this”, that is, cases against Big Oil.