Taking Big Oil to court for ‘climate homicide’ isn’t as far-fetched as it sounds

A groundbreaking legal theory suggests that oil companies could face charges of homicide in the United States, excluding first-degree murder. The concept of “climate homicide” is gaining traction in law schools and prosecutor’s offices nationwide. A recent paper published in the Harvard Environmental Law Review argues that fossil fuel companies have knowingly contributed to the deaths of individuals through their actions. This could potentially be classified as homicide, as they acted with a culpable mental state. The idea has sparked discussions among policymakers and legal experts, moving some from initial skepticism to acknowledgment of its validity. Oil companies have long been aware of the deadly consequences of their actions, including catastrophic climate change, but have continued to prioritize profits over public safety. The potential scope of the lethality caused by climate change is vast and could surpass other homicide cases in the U.S. If successful, lawsuits against oil companies for “climate homicide” could hold them accountable and compel them to reform their practices. Public Citizen is at the forefront of promoting this legal strategy, organizing discussions at top law schools and exploring potential mock trials. The concept has garnered support from legal experts and former prosecutors, who see it as a necessary step to address the climate crisis. While the idea of suing oil companies for homicide is relatively new, recent scientific advancements linking climate change to corporate emissions have laid the groundwork for such legal action. Overcoming challenges such as the inclusion of attribution science and prosecutorial reluctance will be key to advancing this legal strategy. In the face of mounting climate disasters, holding oil companies accountable for their actions through criminal law charges may be a crucial step in addressing the climate crisis.