Thursday, March 21, 2024

BIG OIL: CAN IT BE CONVICTED OF HOMICIDE?

By Roger Armbrust

The world’s major oil and gas company executives met in Houston this week at their annual Cera conference, loudly putting their mouths where their money is.

As the British daily newspaper The Guardian reported:

The bosses of the world’s leading oil and gas companies have poured scorn on efforts to move away from fossil fuels, complaining that a “visibly failing” transition to clean energy was being pushed forward at an “unrealistic pace”.

The translation: Big Oil has been investing more heavily over the past year in mega-merging, exploration, production, and lobbying in direct conflict with global efforts to fight destructive climate change. Their statements at Cera this week simply mirror their actions to basically scorch the earth for profit.



Here’s just one example:

At Cera, Amin Nasser, chief executive at Saudi Aramco – the world’s biggest of Big Oil -- told the gathering, to applause, “We should abandon the fantasy of phasing out oil and gas, and instead invest in them adequately.”

“Adequately,” of course, is a loaded adverb to an industry that has made $281 billion in profits just since Russia’s invasion of Ukraine. An industry that is predicting a growing global hunger for oil and gas, and encouraging it.

Charges of Homicide?

Meanwhile, away from the Big Oil voices, environmental advocates are measuring the possibilities of U.S. civil and now criminal prosecutions to make the industry legally pay for its words and actions.

They were, believe it or not, encouraged last year in a ruling by the conservative-majority U.S. Supreme Court.

In April 2023 the high court ruled in favor of anti-oil plaintiffs, allowing them to sue at the state level, where oil companies feel odds favor the public over industry.

So, it’s no coincidence that also last year, Public Citizen, a consumer-advocacy nonprofit, introduced a new legal theory: fossil fuel companies could and should be tried for homicide for causing climate-related deaths.

The nonprofit’s cause is gaining support in progressive legal circles.

One reason is that science has taken vocal stances critical of oil companies. One example: In October 2022, The Lancet medical publication issued an annual report from over 100 contributors. In it, doctors placed blame on the fossil fuels industry for the world’s most dire health problems.

The opinions coming from the Supreme Court and the medical community have widened the eyes of progressives wanting to criminally sue the oil companies, and prosecutors who might take the criminal cases.

“We’ve been really excited to see the curiosity, interest and support these ideas have garnered from members of the legal community, including from both former and current federal, state and local prosecutors,” Aaron Regunberg, senior policy counsel with Public Citizen’s climate program, told The Guardian this week.

Prosecution vs. Conviction

However, a prosecution does not necessarily a conviction make. Oil companies have the cash to hire top defense attorneys, and the legal system itself can be costly and full of delays that can frustrate less cash-flush plaintiffs in civil suits, and even prosecutors in criminal cases.

Most, but not all, U.S. states require a prosecutor to take a case before a grand jury to decide if it should go to criminal trial. So a prosecutor has those two legal obstacles to get a conviction.

Also, a criminal conviction for homicide logically can be harder to prove, considering the variables of climate change. You can have witnesses who see a murderer pull a gun and shoot a victim. But how do witnesses convince a jury that the victims of hurricanes were murdered by oil companies? That can be very tricky, when talented defense attorneys confuse the issue with their own scientific data and witnesses.

Too, if a prosecutor did struggle past all that and get a conviction, you can be sure the appeal process would immediately click in. Eventually it might even make it all the way to the Supreme Court. And while conservative justices might allow environmentalists to sue at the state level, getting those judges to stay a murder conviction on climate-change crime seems a tough call.

Also, in this oligarchy of America where money means power, it seems an equally tough call to get a sitting prosecutor to take on Big Oil, if he or she has future political ambitions. The decider, of course, to every politician – including elected prosecutors – is in the polls. If voters show a lawsuit against Big Oil can help get you elected, then go for it. If not…well…

But if environmentalists can find an ambitious prosecutor who truly cares about the public, and who can garner a highly knowledgeable team to take on big corporate lawyers, then two things might happen:

First, fossil fuel giants would have to turn over records they’d rather keep secret, especially in a sensational criminal trial. That could help environmentalists win in the court of public opinion, even if the court of law sides with Big Oil.

Second, that public knowledge and hopefully outrage, in turn, might lead to election of environmentally concerned legislators who could take on Big Oil.

But if you want a change that great in America’s oligarchy, you’ll need to get organized, get educated to the environmental issues, and get active in finding and electing those caring candidates.

 

Major Oil Companies Make Moves in Megamerger Frenzy | OilPrice.com

U.S. oil & gas lobbying spend by party 2024 | Statista

Oil and gas industry spent $124.4 million on federal lobbying amid record profits in 2022 • OpenSecrets

World’s top fossil-fuel bosses deride efforts to move away from oil and gas | Fossil fuels | The Guardian

At CERAWeek, dueling visions on climate change on oil's home turf (axios.com)

World’s largest oil companies have made $281bn profit since invasion of Ukraine | Commodities | The Guardian

Big Oil Strikes Out At Supreme Court | OilPrice.com

Doctors decry 'record profits' for fossil fuel companies as climate change weighs on global health (nbcnews.com)

Fossil fuel firms could be tried in US for homicide over climate-related deaths, experts say | Law (US) | The Guardian

DOJ reaches multimillion-dollar settlements against oil and gas companies it says were failing to control harmful leaks | CNN Politics

You can find much more global environmental news in my new World Energy Gazette on Facebook.

You’ll find my views on world water supply and other vital global issues in my book:

The Vital Realities for 2020 and Beyond: Writings on Water Wars, Nuclear Devastation, Endless War, Economic Revolution, and Surveillance Versus Freedom - Kindle edition by Armbrust, Roger. Politics & Social Sciences Kindle eBooks @ Amazon.com.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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