Charging Big Oil with Climate Homicide - Preliminary Prosecution Memo for July 2023 Heat Wave

Published by Public Citizen, 2024

Indiana Legal Studies Research Paper Forthcoming

51 Pages Posted: 26 Jul 2024

See all articles by Aaron Regunberg

Aaron Regunberg

Public Citizen

Cindy J. Cho

Indiana University Maurer School of Law

David Arkush

Public Citizen

Donald Braman

George Washington University - Law School; Justice Innovation Lab

Date Written: June 26, 2024

Abstract

This preliminary “prosecution memorandum” draws from publicly available material to assess potential criminal charges that local or state prosecutors could bring against major fossil fuel companies for lives lost in a climate disaster. To ground this assessment in real-world analysis, it focuses on one specific factual scenario: the lethal heat wave that struck the American Southwest in July 2023, causing hundreds of deaths in Maricopa County.

Though this memo asks a particular question — how officials in Maricopa County could pursue reckless manslaughter or second degree murder prosecutions for deaths caused by the July 2023 wave — its analysis is relevant in most jurisdictions where prosecutors might seek justice for climate victims. Some jurisdictions define homicide or their causation requirements slightly differently, but the charges discussed and reasoning employed in this memorandum could be investigated in practically any jurisdiction that has experienced climate-related deaths. Indeed, the authors hope this public memo can serve as a starting point for any prosecutor who wants to build a case to protect their constituents from the lethal climate disasters that are threatening public safety in communities across the country.

Keywords: climate, accountability, fossil fuels, big oil, homicide, prosecution, extreme heat

Suggested Citation

Regunberg, Aaron and Cho, Cindy and Arkush, David and Braman, Donald, Charging Big Oil with Climate Homicide - Preliminary Prosecution Memo for July 2023 Heat Wave (June 26, 2024). Published by Public Citizen, 2024, Indiana Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=4877510 or http://dx.doi.org/10.2139/ssrn.4877510

Aaron Regunberg

Public Citizen ( email )

215 Pennsylvania Ave. Se
Washington, DC 20002
United States

Cindy Cho (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

David Arkush

Public Citizen ( email )

215 Pennsylvania Ave. Se
Washington, DC 20002
United States

Donald Braman

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
2025034132 (Phone)

Justice Innovation Lab ( email )

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