If Trump can be convicted, so can Big Oil
Welcome back to HEATED—Emily here. A big reason I created this newsletter was to give people who climate change a trusted news source that not only communicates the issues, but what to do about them. Because of that, I try to keep most of our articles free for everyone to read (Not everyone can afford to pay for news). But that also means I need a small handful of people to choose to pay, even though they can get most of the work for free. The more people choose to pay, the less content I have to paywall. The less content I have to paywall, the more people have access to systemic solutions-focused climate journalism. If Trump can be convicted, so can Big OilProgressive prosecutors should be taking a more aggressive stance against fossil fuel companies, advocates argue.
Climate change is killing people. As time goes on, it’s going to kill a lot more.
The fossil fuel industry should be criminally charged with mass homicide for these deaths, according to a new and novel legal theory. Published by the Harvard Environmental Law Review last year, the argument goes that oil giants knew their products would have lethal consequences, yet actively thwarted efforts to protect people through misinformation and policy delay. “Prosecutors regularly bring homicide charges against individuals and corporations whose reckless or negligent acts or omissions cause unintentional deaths,” wrote George Washington University law professor Donald Braman and Public Citizen climate director David Arkush. In their paper, Braman and Arkush urged state attorneys general across the country to pursue criminal charges against oil companies in addition to the multitude of civil cases already pending. They said that criminal prosecution—whether it be for homicide or criminal negligence—could be a more powerful and effective tool for spurring change than civil litigation, because a conviction or settlement could result in mandated changes to how fossil fuel companies operate. (They are “not trying to advocate for locking lots of people up,” they said). And, in a virtual panel I attended on the topic last week, Public Citizen’s senior policy counsel Aaron Regunberg argued that Donald Trump’s recent felony fraud conviction at the hands of a New York jury should provide yet another piece of inspiration for prosecutors looking to protect citizens from climate harms. “We saw last week in Manhattan that there can be something very powerful about the mechanism of a jury trial,” Regunberg said. While civil climate liability cases against Big Oil are important, Regunberg said, Trump’s conviction showed the potential of bringing criminal claims directly before juries, where politically-appointed judges are less likely to influence outcomes. “There are so many systems in this country that operate to shield the wealthy and powerful from accountability for the awful things they do, whether it’s individuals like Trump, or massive corporations like Exxon Mobil,” he said. “But in the criminal law, there’s a huge amount of deference to the jury. And that can be a way to cut through all that bullshit, and have regular people make a decision about what, according to their common sense, seems fair and just.” Trump’s case also “moved a lot faster compared to civil litigation that we’ve seen,” Regunburg said. “That’s advantageous to a fast-moving crisis” like climate change. A criminal conviction against Big Oil would also more effectively communicate the gravity and deadliness of the climate crisis to the public than a civil judgement, Regunberg argued. Think about it: Trump already had two civil judgments against him at the time of his fraud trial. But they simply didn’t hold as much weight in public discourse as the criminal conviction. That’s likely because Trump now has the dreaded label: “convicted felon.” It’s a label that has disproportionately been used to punish poor people, people of color, and people with mental health or substance abuse issues, Regunberg noted. So if progressive prosecutors want to actually transform the criminal justice system to protect regular people from harm, Regunberg argued, they would seek to turn that label against “corporate actors whose criminal recklessness is doing harm at an almost unimaginable scale”—and they would start with Big Oil. One criminal climate case against Big Oil has already been filed since the Harvard Environmental Law Review paper was published. Last month, in France, eight people harmed by extreme weather and three NGOs sued the CEO and directors of the French oil company TotalEnergies “for deliberately endangering the lives of others, involuntary manslaughter, neglecting to address a disaster, and damaging biodiversity,” the Guardian reported. “Such crimes, if proven, are punishable by imprisonment and fines.” And while there are currently no U.S. prosecutors pursuing homicide charges against fossil fuel companies, cities in New Jersey and Puerto Rico have launched criminal conspiracy cases against oil companies for hiding the long-term risks of burning fossil fuels. The authors of the Harvard Environmental Law Review paper, Arkush and Braman, have also embarked on a road trip this spring to bolster support for their theory among the legal community. And progressive prosecutors are reportedly listening. The biggest thing that could sway local district attorneys and state attorneys general, however, is public pressure, and engagement with state and local-level politics, said the panelists at last week’s virtual event. Further reading:
Catch of the day: Reader Michael is a solar developer in Dallas, Texas. But he says he can’t do his planet-saving work without his trusty climate sidekick, Blanca. Thanks Blanca for helping reduce our dependence on fossil fuels! You are a VERY cool dog. Want to see your furry (or non-furry!) friend in HEATED? It might take a little while, but we WILL get to yours eventually! Just send a picture and some words to catchoftheday@heated.world. You're currently a free subscriber to HEATED. For the full experience, upgrade your subscription. |
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U.N. chief calls for global fossil fuel ad ban
Wednesday, June 5, 2024
The New York Times, one of the biggest purveyors of fossil fuel ads, did not respond to our request for comment. ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏
What is a “leftist climate scientist” president, exactly?
Tuesday, June 4, 2024
Mexico's first female president is not a Green New Deal-supporting radical—not by a long shot. ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏
Are your internet habits killing the planet?
Monday, June 3, 2024
The internet is quickly becoming a major contributor to climate change. Here's how to understand the problem—and what can be done to fix it. ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏
Democrats ask DOJ to investigate Big Oil
Wednesday, May 22, 2024
Here's what to know, and why it's important. ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏
The chopped steak eaters
Tuesday, May 21, 2024
The people who profit from climate destruction have names and faces. Last month, they all ate chopped steak. ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏ ͏
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