So at this point it is well-known that major contributors to climate change, most notably Exxon, knew about climate change back in the 1970s, and were aware of the consequences. Instead of moving away from oil and gas, they doubled down, spending massive amounts of money on disinformation campaigns akin to those of tobacco companies a decade earlier. The Scientific American has the information here.
To what degree can or should Exxon (and the Koch brothers, and similar institutions which knew that they were exacerbating the climate crisis but decided to lie about it instead) be held responsible for their role in the climate crisis?
I am not a lawyer, so I cannot really speak to the “can” element of this, but in terms of “should”… Nathan J. Robinson has written about this at length in Current Affairs:
Let’s be clear about what that means: On the most basic libertarian theory of property rights, companies whose activities cause harm should legally owe compensation for that harm. Currently, there is a lot of discussion about whether the government should adopt “carbon taxes” that aim to ensure that carbon emissions are priced correctly. Up until now, carbon emissions have been a giant “externality”—a cost imposed that isn’t accounted for in market prices. (As my colleague Rob Larson has written, this market failure is a significant indictment of capitalism’s ability to find prices that accurately reflect value.) But if those who claim to respect property rights actually took property rights seriously, carbon taxes shouldn’t even be a policy “choice.” Charging companies that emit climate-destroying gases for that destruction is not optional. Not to do it would be to admit that we do not actually care about property rights, we just care about protecting the property of particular favored parties. (Namely corporations.) You shouldn’t even need to pass a tax, because greenhouse gas emitters should be sued out of existence.
So far, United States courts have not been particularly sympathetic to the case that carbon polluters owe damages for their damage. The Supreme Court has rejected attempts to sue the operators of fossil-fuel-fired power plants on the grounds that greenhouse gas emission is to be regulated by the EPA. Last year, a federal judge in San Francisco issued a fascinating opinion dismissing a claim against major fossil fuel companies like Chevron, Exxon, and Shell. The judge said that while “all parties agree that fossil fuels have led to global warming and ocean rise… the issue is a legal one—whether these producers of fossil fuels should pay for anticipated harm that will eventually flow from a rise in sea level.” (Given, of course, that these producers knew full well that these harms would result and launched massive decades-long campaigns to obscure the truth.) Because of my sincere commitment to basic property rights, I find it peculiar that this should even be a question: Given that we know Action X causes Property Damage Y, should those who knowingly take Action X have to pay for Property Damage Y? Of course they should. How could the issue possibly be resolved differently? If all parties agree that the harm is being caused by the companies, then the companies need to pay for the harm, period.
Personally, I think that this is a slam-dunk case for companies like Exxon and Koch Industries to be held responsible for the damage they knew their products would cause to the environment. Furthermore, given the sheer breadth of the harm in this case, I think that it is entirely reasonable to hold individuals and/or broad swathes of the leadership at such companies personally criminally responsible for their actions, perhaps under a “crimes against humanity” suit.
I’m sure there’s also an interesting debate to be had over whether such the countries that host such companies (predominately rich, western companies) owe reparations for the harm caused to the countries most negatively effected by climate change (predominately poor, equatorial countries).