[danieka]

Yes, from my European perspective this does seem weird. Sanctions must be ruled by the principle of legality which also prohibits retroactive punishment. So it's not possible to retroactively make something criminal. This principle ought to extend to tax law. I don't understand why they wouldn't just tax future emissions. They would still achieve the same result without being tied up in the courts.

Even if the actions were not illegal they clearly caused damage, and there is ample evidence the companies in question were aware that their action were causing damage. That seems like grounds for a civil action against the companies. If the federal government want compensation for damages caused maybe it should sue the companies in court? Is that even possible?