As smoke from record-breaking wildfires and deadly heatwaves grip the US, Aaron Regunberg argues that existing criminal laws are sufficient to prosecute big oil for their role in climate disasters. He points to studies showing that extreme weather events are not natural disasters but are caused by the climate crisis, with pollution from companies like ExxonMobil, Chevron, Shell and BP making heatwaves at least 10,000 times more likely.
Big Oil's Foreknowledge and Deception
Regunberg notes that decades ago, these companies predicted their fossil fuels would cause 'globally catastrophic' climate harms, including 'more violent weather' and 'suffering and death due to thermal extremes.' Despite this knowledge, they ran fraudulent campaigns of climate denial and deception. This has led to calls for 'Nuremberg trials for Big Oil,' as one climate advocacy group posted, echoing a growing sentiment.
Existing Laws Can Apply
While the scale of harm is vast—with estimates of over one billion preventable deaths this century—Regunberg argues no special tribunals are needed. Many US states already have criminal laws that describe big oil's conduct: reckless endangerment, causing or risking catastrophe, and involuntary manslaughter. Reckless endangerment criminalizes knowing conduct that creates substantial risk of injury, which fits big oil's actions perfectly.
In Pennsylvania and New Jersey, laws against risking catastrophe have been used to prosecute actors who lied about dangers. Regunberg cites a case where a pier operator was charged after covering up structural warnings; the state supreme court ruled that taking affirmative measures to hide knowledge exposed others to risk. 'Swap out the word “pier” for “climate change” and that ruling applies perfectly to big oil,' he writes.
Involuntary Manslaughter and Recent Cases
Involuntary manslaughter—recklessly causing or contributing to death—is also applicable. A recent analysis found extreme heat from climate change may have caused over 20,000 deaths in Europe last month alone. In Washington state, a court allowed a wrongful death lawsuit against fossil fuel companies for a mother's death in a climate-induced heatwave to proceed toward trial. Regunberg urges prosecutors to charge big oil for climate disasters that are killing more people than traditional homicides.
'Next time you hear a climate disaster described as a crime, remember that this isn’t just rhetoric,' he concludes. 'These really are crimes. It’s time we treated them that way.'
