New Report: Big Oil, Fossil Fuel CEOs, Could Face Prosecution for Reckless Endangerment

October 17, 2024

New Report: Big Oil, Fossil Fuel CEOs, Could Face Prosecution for Reckless Endangerment

Elected leaders across New York City share support for prosecuting Big Oil for recklessly endangering their constituents

NEW YORK - Major fossil fuel companies and their executives could face prosecution for reckless endangerment under New York law, according to a new memojointly published today by the consumer advocacy organization Public Citizen and Fair and Just Prosecution, a network for prosecutors pursuing evidenced-based solutions to enhance public safety.

The 50-page reportdetails admissible evidence, possible charges, and legal issues pertaining to a prosecution against Big Oil firms and CEOs under New York's reckless endangerment statute for their role in causing climate-related extreme weather events. New York has experienced many such disasters, including Hurricane Ida (which damaged tens of thousands of buildings in New York City and killedover a dozen New Yorkers in 2021), Hurricane Sandy, Tropical Storm Isaias, Tropical Storm Ernesto, and other dangerous climate threats, such as the lethal heat waves that are killinghundreds of New Yorkers every year.

The prosecution memoanalyzes case law related to New York's reckless endangerment statute-which criminalizes reckless conduct that creates a substantial risk of serious injury or death-detailing how New York courts have held in the past that conduct like Big Oil's can constitute reckless endangerment under state law. It lays out the case that a small number of fossil fuel companies and their CEOs have 1) generated a substantial portion of all the greenhouse gas emissions that have caused the planet to heat up; and 2) deceived the public about the dangers of their fossil fuel productsto block or delay market or policy responses that could have prevented or ameliorated climate disasters. And it provides an overview of the publicly available evidence that these corporations acted recklessly, based, for example, on their internal reports that the continued use of their fossil fuel products would"submerge New York";cause more "violent weather," and "more deluges" of such severity that "[c]ivilization could prove a fragile thing"; lead to "flooding on much of the U.S. East Coast"; create "globally catastrophic" climate harms; and cause "suffering and death due to thermal extremes."

"Big Oil's conduct was not just immoral. It was criminal," said Aaron Regunberg, senior policy counsel with Public Citizen's Climate Program. "Reckless endangerment occurs when someone engages in reckless conduct that risks injuring or killing another person. That's exactly what these companies and their CEOs have done by knowingly creating the climate crisis that is causing extreme-and extremely dangerous-weather events. They've violated New York law. Prosecutors should act accordingly."

"We need to reframe how we think about public safety," said Amy Fettig, co-executive director of Fair and Just Prosecution. "We are spending millions of dollars and using violent force to target minor crimes like fare evasion, while Big Oil corporations and their billionaire CEOs continue to accelerate a climate crisis that is actively putting residents in real, concrete danger."

"Hurricane Sandy destroyed my home," said Rachel Rivera, a member of New York Communities for Change."My family deserves justice. That disaster didn't just happen-it was done to us by oil and gas companies. They made trillions of dollars, while we lost so much. If I committed a crime like that against a corporation, you can bet I'd get prosecuted. So why shouldn't they be held accountable? Isn't that why we have a criminal justice system?"

New York State Senate Judiciary Committee Chairman Brad Hoylman-Sigal expressed support for the proposal from Public Citizen and Fair and Just Prosecution, as did numerous other elected officials from across New York City.

"The findings in this memo are clear-fossil fuel companies have knowingly put New Yorkers' lives at risk," said Brooklyn Borough President Antonio Reynoso. "By willfully ignoring and concealing the greenhouse gas emissions associated with their products, these corporations have contributed to a dramatic uptick in extreme weather events, which hit Brooklyn's most vulnerable populations the hardest. This is more than an environmental issue, it is a matter of public safety and equity across our borough, and those responsible for perpetuating the climate crisis in the pursuit of profit should be held accountable."

"It is clear that the actions of Big Oil, major fossil fuel companies, and their executives have endangered generations of Americans," said New York State Senator Kristen Gonzalez. "Big Oil must be held accountable for their actions, and justice must be won for those who've suffered the devastating impacts of climate-related disasters. From Greenpoint-the site of the largest underground oil spill in the country-to Asthma Alley in Astoria, our district is united in this demand for justice. Our futures depend on it, and our communities deserve it."

"We rarely include corporate crimes in our 'tough on crime' rhetoric and public safety strategies, but that's the crime truly threatening our communities," said New York State Assembly Member Emily Gallagher. "Because of Big Oil, so-called 'one-in-1,000 year' storms are becoming regular occurrences, and these dangers are only getting worse. These companies are endangering my constituents, and I believe New York prosecutors should act accordingly."

"Big Oil's endless pursuit of profits has come at the cost of our climate and communities." said New York City Council Member Sandy Nurse."For decades, fossil fuel companies have ignored the environmental implications of their products, provoking deadly storms and climate disasters. It's time to redefine public safety and hold the corporations responsible for these injustices accountable. Protecting the future sustainability of our city means that we can't allow companies to put short-term gains over our long-term well being."

"As the climate crisis escalates, extreme weather events are wreaking havoc on residents of New York and frontline communities like Uptown and beyond," said New York City Council Member Carmen De La Rosa."I stand united with those facing these harsh realities and applaud Public Citizen for their relentless efforts to hold Big Oil and the fossil fuel industry accountable for their reckless endangerment of our health and environment."

In addition to excitement from New York elected officials, the proposed legal strategy was also applauded by climate law thought leaders. "Big Oil's tireless campaign of climate deception has pushed the planet to the breaking point," said Durwood Zaelke, president of the Institute for Governance & Sustainable Development. "Big Oil's behavior is immoral, and it's high time to recognize it's also illegal, starting with criminal prosecutions for reckless endangerment, a crime that aptly describes the actions of Big Oil CEOs."

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