The smoke from record-breaking wildfires turned the sky hazy orange, forcing parents to keep children indoors. Aaron Regunberg, director of Public Citizen’s Climate Accountability Project, argues that such climate disasters are not just tragedies but crimes that can be prosecuted under existing laws.
Existing Laws Cover Big Oil’s Conduct
Regunberg asserts that laws such as reckless endangerment, causing or risking catastrophe, and involuntary manslaughter already describe big oil’s actions. He notes that companies like ExxonMobil, Chevron, Shell, and BP knew decades ago that their products would cause catastrophic climate harms, yet they engaged in deceptive campaigns to delay action.
Studies show that pollution from these companies made some heatwaves at least 10,000 times more likely. The Fourth of July heatwave would have been “virtually impossible” without climate change, according to a study cited by Regunberg.
Reckless Endangerment and Catastrophe Laws
Most states have reckless endangerment laws that criminalize conduct creating a substantial risk of injury. Regunberg argues that big oil’s knowledge of the danger and continued pollution fits this definition. Some states, like Pennsylvania and New Jersey, also have laws against risking catastrophe. He cites a case where pier operators were charged for covering up a collapse risk, analogizing it to big oil’s cover-up of climate risks.
“After having been made specifically aware of the imminent danger … [they] took affirmative measures to keep that knowledge to themselves,” the Pennsylvania supreme court wrote in that case. Regunberg says swapping “pier” for “climate change” makes the ruling apply perfectly.
Involuntary Manslaughter and Victims
Involuntary manslaughter laws cover recklessly causing death. A recent analysis found extreme heat from climate change may have caused over 20,000 deaths in Europe last month. A Washington state court recently allowed a wrongful death lawsuit against fossil fuel companies for a climate-induced heatwave death to proceed. Regunberg urges prosecutors to bring similar charges.
“Climate victims deserve justice now, and the officials responsible for pursuing that justice have all the laws they need to begin prosecuting big oil today,” Regunberg writes. “So next time you hear a climate disaster described as a crime, remember that this isn’t just rhetoric. These really are crimes. It’s time we treated them that way.”
