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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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Gov’t memo admits Canadians are shifting to independent news due to distrust of media, not Russian ‘bots’

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From LifeSiteNews

By Anthony Murdoch

The explosive growth of Canadians shifting to alternative non-legacy media to obtain their news is not due to Russian “bots,” as some in the government and left-wing media claim, but reflects people’s distrust of entrenched media outlets, at least one government agency admitted.

A memo titled Foreign Interference And Right Wing Politics: The Canadian Context from Canada’s Department of Foreign Affairs said that the growth of so-called “alternative and far right ‘news sources’” is not due to Russian bots but is likely due to Canadians’ suspicion of “traditional outlets.”

Analysts put to rest claims made by some far-left media outlets that bots are somehow to blame for the rise of independent news media sites in Canada popular today, which include the Post Millennial, Rebel News, True NorthLifeSiteNews, as well as a host of others.

According to foreign interference monitors at the Rapid Response Mechanism office, or RRM Canada, run by the department, “they tried and failed to corroborate allegations that conservative media in Canada were stoked by offshore agents,” according to Blacklock’s Reporter.

“RRM Canada observed no indication of false amplification and assesses the increased popularity of these sources is very likely both organic and domestic in nature,” read the memo.

The memo stated that the while the nature of the content is “domestic, the move away from traditional news sources may indicate a decrease in trust among traditional outlets among right leaning Canadians.”

“No such increased popularity has been observed among alternative or far left media outlets,” noted the memo.

The memo noted that sites such as the Rebel News Network had a larger social media footprint than established outlets such as the National Post or the Globe & Mail.

When looking to find claims that foreign agents were behind the rise of alternative media, the RRM analysts found no evidence that this is the case.

“While these stories are not necessarily inaccurate, Rapid Response Mechanism Canada notes foreign interference and covert influence campaigns exploit narratives from across the political spectrum.”

The memo of note was filed with counsel for Canada’s ongoing Commission on Foreign Interference.

Overall, the memo contradicted claims made by the cabinet of Prime Minister Justin Trudeau that Russian agents were the ones increasing messaging critical of the government.

In 2020, Canada’s then-Public Safety Minister and now-Finance Minister Dominic LeBlanc quipped to reporters that “Trolls and bots are dispatched to stoke anxiety and in some cases inflame debate around sensitive issues,” saying, “Their main goal is chaos.”

“We have seen how hostile state and non-state actors use information technologies to manufacture reality,” he claimed, adding, “Fake news not only masquerades as the truth, it masquerades as legitimate political debate.”

Canadian figures who are critical of the Trudeau government have been accused of being bankrolled by Russia. As reported by LifeSiteNews, Dr. Jordan Peterson recently demanded an apology from Trudeau after the Canadian prime minister accused him of being funded by Russian state media.

As reported by LifeSiteNews, Trudeau claimed U.S. media personality Tucker Carlson and Peterson are being funded by the state media outlet Russia Today. He also blamed Russia for “amplifying the chaos” surrounding the 2022 Freedom Convoy protests.

Trudeau made the claim last Wednesday under oath during testimony at the Foreign Interference Commission after he was asked about Russia’s alleged role in the Freedom Convoy.

The Foreign Interference Commission was convened to “examine and assess the interference by China, Russia, and other foreign states or non-state actors, including any potential impacts, to confirm the integrity of, and any impacts on, the 43rd and 44th general elections (2019 and 2021 elections) at the national and electoral district levels.”

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Canada’s chief actuary fails to estimate Alberta’s share of CPP assets

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From the Fraser Institute

By Tegan Hill

Each Albertan would save up to $2,850 in 2027—the first year of the hypothetical Alberta plan—while retaining the same benefits as the CPP. Meanwhile, the basic CPP contribution rate for the rest of Canada would increase to 10.36 per cent.

Despite a new report from Canada’s chief actuary about Alberta’s potential plan to leave the Canada Pension Plan (CPP) and start its own separate provincial pension plan, Albertans still don’t have an official estimate from Ottawa about Alberta’s share of CPP assets.

The actuary analyzed how the division of assets might be calculated, but did not provide specific numbers.

Yet according to a report commissioned by the Smith government and released last year, Alberta’s share of CPP assets totalled an estimated $334 billion—more than half the value of total CPP assets. Based on that number, if Alberta left the CPP, Albertans would pay a contribution rate of 5.91 per cent for a new CPP-like provincial program (a significant reduction from the current 9.9 per cent CPP rate deducted from their paycheques). As a result, each Albertan would save up to $2,850 in 2027—the first year of the hypothetical Alberta plan—while retaining the same benefits as the CPP. Meanwhile, the basic CPP contribution rate for the rest of Canada would increase to 10.36 per cent.

Why would Albertans pay less under a provincial plan?

Because Alberta has a comparatively younger population (i.e. more workers vs. retirees), higher average incomes and higher levels of employment (i.e. higher level of premiums paid into the fund). As such, Albertans collectively pay significantly more into the CPP than retirees in Alberta receive in benefits. Simply put, under a provincial plan, Albertans would pay less and receive the same benefits.

Some critics, however, dispute the estimated share of Alberta’s CPP assets (again, $334 billion—more than half the value of total CPP assets) in the Smith government’s report, and claim the estimate understates the report’s contribution rate for a new Alberta pension plan and overestimates the new CPP rate without Alberta.

Which takes us back to the new report from Canada’s chief actuary, which was supposed to provide its own estimate of Alberta’s share of the assets. Unfortunately, it did not.

But there are other rate estimates out there, based on various assumptions. According to a 2019 analysis published by the Fraser Institute, the contribution rate for a new separate CPP-like program in Alberta could be as low as 5.85 per cent, while AIMCo’s 2019 estimate was 7.21 per cent (and possibly as low as 6.85 per cent). And University of Calgary economist Trevor Tombe has pegged Alberta’s hypothetical rate at 8.2 per cent.

While the actuary in Ottawa failed to provide any numbers, one thing’s for certain—according to the available estimates, Albertans would pay a lower contribution rate in a separate provincial pension plan while CPP contributions for the rest of Canada (excluding Quebec) would likely increase.

Tegan Hill

Director, Alberta Policy, Fraser Institute
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