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Opinion

Climate Murder? Media Picks Up Novel Legal Theory Suggesting Big Oil Is Homicidal

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From the Daily Caller News Foundation

By Nick Pope

 

A new narrative is making its way through major media outlets about major oil corporations: climate change that they purportedly caused is taking lives, and they could be held liable for homicide.

In recent weeks, numerous outlets have run stories or opinion pieces promoting or otherwise examining the novel legal theory, which is the subject of a new paper published by the Harvard Environmental Law Review, according to a Tuesday E&E News report detailing the architects’ efforts to market their idea to prosecutors. The Boston GlobeThe GuardianNewsweekInside Climate News and other outlets have all recently published pieces promoting the idea that leading oil companies could or should be charged with murder for their role in climate change, which the theory’s architects claim has caused thousands of deaths in the U.S.

David Arkush, who runs Public Citizen’s climate program, and Donald Braman, a professor at George Washington University’s law school, articulated the theory in a March paper. Public Citizen is a left-of-center organization founded by failed Green Party presidential candidate Ralph Nader that, among other things, pressures American International Group (AIG) to stop providing insurance coverage for fossil fuel companies, according to its website and Influence Watch.

“Activists and journalists have called executives of major oil companies ‘mass murderers,’ lamenting that ‘millions of human beings will die so that they can have private planes and huge mansions,’ and a growing chorus of communities devastated by [fossil fuel companies’] lethal conduct have begun to demand accountability,” the authors state in their paper. “But as of this writing, no prosecutor in any jurisdiction has charged [fossil fuel companies] with any form of homicide over climate-related deaths. They should.”

The paper also suggests that the American Petroleum Institute (API), a leading trade association for the oil and gas industry, was involved in the industry’s purported attempts to obscure the effects of emissions.

“The record of the past two decades demonstrates that the industry has achieved its goal of providing affordable, reliable American energy to U.S. consumers while substantially reducing emissions and our environmental footprint,” a spokesperson for API told the Daily Caller News Foundation. “Any suggestion to the contrary is false.”

The two authors contend that energy corporations were aware of the warming that emissions from their products and operations would cause for decades, and that those companies decided to mislead the public and obscure what effects those emissions may have. A similar narrative lies at the heart of climate lawsuits that have been filed against energy companies in numerous jurisdictions across the U.S. in recent years.

Arkush wrote a Wednesday piece for Newsweek laying out his theory and referencing these climate lawsuits, opining that the fossil fuel industry’s purported “crimes may be among the, if not the, most consequential in human history.” The Boston Globe ran a similar opinion piece authored by Arkush and another official for Public Citizen on March 17.

The Guardian ran its own piece about the climate homicide theory on March 21, using the headline “Fossil fuel firms could be tried in US for homicide over climate-related deaths, experts say.” Clean Technica, a site that promotes green energy, ran a March 16 piece on the new legal theory with the headline “Climate Criminals — Prosecuting Big Oil For Environmental Crimes.”

Inside Climate News published an April 4 story on the subject, using the headline “Should Big Oil Be Tried for Homicide?” and including excerpts from interviews with the two architects of the climate homicide theory. The pair suggested that the aim is not to punish individuals or seek vengeance, but instead achieve results that would prompt companies to shift their investments away from fossil fuels, according to Inside Climate News’ story.

However, Inside Climate News did quote legal experts who expressed skepticism about the theory’s merits.

“I do not believe that a criminal prosecution on homicide charges against the major oil companies is appropriate or can be sustained,” John Coffee Jr., a professor at Columbia Law School who specializes in corporate law, told the outlet.

Nick Pope is a contributor at The Daily Caller.

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Business

Global trade reorder begins in Trump deal with United Kingdom

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From The Center Square

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Seeking to reorder global trade with America at the center, President Donald Trump announced the framework of a trade deal with the United Kingdom on Thursday.

Prime Minister Keir Starmer, since 2024 leader of a nation that maintains a special relationship with the U.S. including a more even trade balance than with other countries, spoke with the president by phone during an Oval Office meeting Thursday morning.

“This is turning out to be a great deal for both countries,” Trump said.

The 78-year-old second-term Republican president said the deal would improve market access for U.S. products in the United Kingdom, and improve the relationship between the two countries. Trump said it was the first of many deals from his trade team.

The 62-year-old leader of the Labour Party said the deal would create new jobs in both nations.

“We can finishing ironing out some of the details, but there’s a fantastic platform here,” Starmer said, calling the deal “historic.”

Commerce Secretary Howard Lutnick said the U.S. has balanced trade with the United Kingdom. Lutnick said it would add $5 billion in market access to the U.S. Lutnick said the United Kingdom would get a 10% tariff on 100,000 automobile imports to the U.S., lower than the 25% tariff on foreign autos for other nations.

Lutnick said the lower tariff would protect jobs in the UK.

On social media, Trump wrote, “Today is an incredible day for America as we deliver our first Fair, Open, and Reciprocal Trade Deal – Something our past Presidents never cared about. Together with our strong Ally, the United Kingdom, we have reached the first, historic Trade Deal since Liberation Day. As part of this Deal, America will raise $6 BILLION DOLLARS in External Revenue from 10% Tariffs, $5 BILLION DOLLARS in new Export Opportunities for our Great Ranchers, Farmers, and Producers, and enhance the National Security of both the U.S. and the UK through the creation of an Aluminum and Steel Trading Zone, and a secure Pharmaceutical Supply Chain. This Deal shows that if you respect America, and bring serious proposals to the table, America is OPEN FOR BUSINESS. Many more to come — STAY TUNED!”

Trump announced a slate of higher tariffs on foreign nations on April 2, which he dubbed “Liberation Day” for American trade. On April 9, Trump paused those higher rates for 90 days to give his trade team time to make deals with other countries.

When Trump temporarily suspended the higher tariffs on April 9, he kept a 10% baseline tariff in place along with a 25% import duty on foreign autos and auto parts. He also kept 25% tariffs on foreign steel and aluminum.

Trump also imposed 145% tariffs on China, which retaliated with 125% tariffs on U.S. goods. Those tariffs remain in place, although the two nations are set to begin talks this weekend.

Economists, businesses and many publicly-traded companies have warned that tariffs could raise prices on a wide range of consumer products.

Trump has said he wants to use tariffs to restore manufacturing jobs lost to lower-wage countries in decades past, shift the tax burden away from American families, and pay down the national debt.

A tariff is a tax on imported goods. The importer pays the tax and can either absorb the loss or pass the cost on to consumers through higher prices

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Alberta

Alberta’s move to ‘activity-based funding’ will improve health care despite naysayer claims

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From the Fraser Institute

By Nadeem Esmail

After the Smith government recently announced its shift to a new approach for funding hospitals, known as “activity-based funding” (ABF), defenders of the status quo in Alberta were quick to argue ABF will not improve health care in the province. Their claims are simply incorrect. In reality, based on the experiences of other better-performing universal health-care systems, ABF will help reduce wait times for Alberta patients and provide better value-for-money for taxpayers.

First, it’s important to understand Alberta is not breaking new ground with this approach. Other developed countries shifted to the ABF model starting in the early 1990s.

Indeed, after years of paying their hospitals a lump-sum annual budget for surgical care (like Alberta currently), other countries with universal health care recognized this form of payment encouraged hospitals to deliver fewer services by turning each patient into a cost to be minimized. The shift to ABF, which compensates hospitals for the actual services they provide, flips the script—hospitals in these countries now see patients as a source of revenue.

In fact, in many universal health-care countries, these reforms began so long ago that some are now on their second or even third generation of ABF, incorporating further innovations to encourage an even greater focus on quality.

For example, in Sweden in the early 1990s, counties that embraced ABF enjoyed a potential cost savings of 13 per cent over non-reforming counties that stuck with budgets. In Stockholm, one study measured an 11 per cent increase in hospital activity overall alongside a 1 per cent decrease in costs following the introduction of ABF. Moreover, according to the study, ABF did not reduce access for older patients or patients with more complex conditions. In England, the shift to ABF in the early to mid-2000s helped increase hospital activity and reduce the cost of care per patient, also without negatively affecting quality of care.

Multi-national studies on the shift to ABF have repeatedly shown increases in the volume of care provided, reduced costs per admission, and (perhaps most importantly for Albertans) shorter wait times. Studies have also shown ABF may lead to improved quality and access to advanced medical technology for patients.

Clearly, the naysayers who claim that ABF is some sort of new or untested reform, or that Albertans are heading down an unknown path with unmanageable and unexpected risks, are at the very least uninformed.

And what of those theoretical drawbacks?

Some critics claim that ABF may encourage faster discharges of patients to reduce costs. But they fail to note this theoretical drawback also exists under the current system where discharging higher-cost patients earlier can reduce the drain on hospital budgets. And crucially, other countries have implemented policies to prevent these types of theoretical drawbacks under ABF, which can inform Alberta’s approach from the start.

Critics also argue that competition between private clinics, or even between clinics and hospitals, is somehow a bad thing. But all of the developed world’s top performing universal health-care systems, with the best outcomes and shortest wait times, include a blend of both public and private care. No one has done it with the naysayers’ fixation on government provision.

And finally, some critics claim that, under ABF, private clinics will simply focus on less-complex procedures for less-complex patients to achieve greater profit, leaving public hospitals to perform more complex and thus costly surgeries. But in fact, private clinics alleviate pressure on the public system, allowing hospitals to dedicate their sophisticated resources to complex cases. To be sure, the government must ensure that complex procedures—no matter where they are performed—must always receive appropriate levels of funding and similarly that less-complex procedures are also appropriately funded. But again, the vast and lengthy experience with ABF in other universal health-care countries can help inform Alberta’s approach, which could then serve as an example for other provinces.

Alberta’s health-care system simply does not deliver for patients, with its painfully long wait times and poor access to physicians and services—despite its massive price tag. With its planned shift to activity-based funding, the province has embarked on a path to better health care, despite any false claims from the naysayers. Now it’s crucial for the Smith government to learn from the experiences of others and get this critical reform right.

Nadeem Esmail

Senior Fellow, Fraser Institute
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