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New federal law may actually inject more facts into ‘climate’ debate

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From the Fraser Institute

By Kenneth P. Green

A new federal law—Bill C-59, which received royal assent last month—has Canada’s oil and gas industry and the premiers of oil and gas provinces up in arms.

Specifically, in legalese, it allows government or outside litigants to review a “representation to the public in the form of a statement, warranty or guarantee of a product’s benefits for protecting the environment or mitigating the environmental and ecological effects of climate change that is not based on an adequate and proper test, the proof of which lies on the person making the representation.”

These “reviews” would be conducted by government courts where claimants would have to prove the truthfulness of what they were saying.

Opponents of the law argue that it constitutes a gag order on Canada’s oil and gas sector, to prevent them from marketing their products, services and technologies in a positive way. And indeed, the legislation would gag a lot oil and gas sector talk, because all claims about climate change are highly uncertain. The law would impose severe penalties on those who can’t prove themselves innocent of misrepresentation, including fines up to $15,000,000.

Industry and political objections aside, however, a good argument can be made that government does have a legitimate interest in deterring businesses from engaging in fraudulent practices or false advertising.

For example, while warming is certainly real (1.1 degrees Celsius since 1850), the human contribution to this warming is unclear. Potentially harmful changes to the climate radiating from that increased warming are highly unclear, and the ultimate impacts on human health stemming from climate change are almost completely unknown and unknowable, depending, as they would, on unpredictable economic, technologic and social factors.

Thus, any claims about a technology such as “carbon capture and storage” reducing the risks of climate change almost certainly can’t be proven truthful in a rigorous cause-and-effect way before a courtroom standard of truth in advertising.

Similarly, technologies and practices that reduce the carbon intensity of oil and gas production, often portrayed as mitigating climate risk, cannot be shown to do so in a direct provable cause-and-effect way, because climate risks themselves are multi-factorial and still speculative, and the impacts of relatively small emission reductions remain unquantifiable.

With this new federal law, the Trudeau government seemingly wants to prevent the oil and gas sector from defending its products, operations, technologies and services on the grounds that some of their actions have already, and will in future, mitigate climate risk. The oil and gas industry and its supporters say this will render the industry unable to defend itself from onerous regulations and government actions meant to drive them out of business.

Of course, a fair argument can be made that businesses in the oil and gas sector should not make claims about climate change mitigation that they can’t back up in court, and that they should be subject to the same scrutiny as any other business. And due to this new law, they will likely appear in court someday to defend themselves against the government’s long-stated belief that the industry should be shut down.

However, to the extent the new law is limited to particularly unprovable claims regarding certain technologies, this may not be an entirely bad thing. It may actually force Canada’s climate policy discussions to be grounded more in fact than fancy.

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Energy

Activists using the courts in attempt to hijack energy policy

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2016 image provided by Misti Leon, left, sits with her mom, Juliana Leon. Misti Leon is suing several oil and gas companies in one of the first wrongful-death claims in the U.S. seeking to hold the fossil fuel industry accountable for its role in the changing climate.

 

From the Daily Caller News Foundation

By Jason Isaac

They twist yesterday’s weather into tomorrow’s crisis, peddle apocalyptic forecasts that fizzle, and swap “global warming” for “climate change” whenever the narrative demands. They sound the alarm on a so-called climate emergency — again and again.

Now, the Left has plunged to a new low: weaponizing the courts with a lawsuit in Washington State that marks a brazen, desperate escalation. This isn’t just legal maneuvering—it’s the exploitation of personal tragedy in service of an unpopular anti-energy climate crusade.

Consider the case at the center of a new legal circus: Juliana Leon, 65, tragically died of hyperthermia during a 100-mile drive in a car with broken air conditioning, as a brutal heat wave pushed temperatures to 108 degrees Fahrenheit.

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The lawsuit leaps from this heartbreaking event to a sweeping claim: that a single hot day is the direct result of global warming.

The lawsuit preposterously links a very specific hot weather event to theorized global warming. Buckle up—their logic is about to take a wild ride.

Some activist scientists have further speculated that what may be a gradual long-term trend of slight warming thought to be both cyclical and natural, might be possibly exacerbated by the release of greenhouse gases. Some of these releases are the result of volcanic activity while some comes from human activities, including the burning of oil, natural gas and coal.

Grabbing onto that last, unproven thread, the plaintiffs have zeroed in on a handful of energy giants—BP, Chevron, Conoco, Exxon, Phillips 66, Shell, and the Olympic Pipe Company—accusing them of causing Leon’s death. Apparently, these few companies are to blame for the entire planet’s climate, while other oil giants, coal companies, and the billions of consumers who actually use these fuels get a free pass.

Meanwhile, “climate journalists” in the legacy media have ignored key details that will surely surface in court. Leon made her journey in a car with no air conditioning, despite forecasts warning of dangerous heat. She was returning from a doctor’s visit, having just been cleared to eat solid food after recent bariatric surgery.

But let’s be clear: this lawsuit isn’t about truth, justice, or even common sense. It’s lawfare, plain and simple.

Environmental extremists are using the courts to hijack national energy policy, aiming to force through a radical agenda they could never pass in Congress. A courtroom win would mean higher energy prices for everyone, the potential bankruptcy of energy companies, or their takeover by the so-called green industrial complex. For the trial lawyers, these cases are gold mines, with contingency fees that could reach hundreds of millions.

This particular lawsuit was reportedly pitched to Leon’s daughter by the left-leaning Center for Climate Integrity, a group bankrolled by billionaire British national Christopher Hohn through his Children’s Investment Fund Foundation and by the Rockefeller Foundation. It’s yet another meritless claim in the endless list of climate lawsuits that are increasingly being tossed out of courts across the country.

Earlier this year, a Pennsylvania judge threw out a climate nuisance suit against oil producers brought by Bucks County, citing lack of jurisdiction. In New York, Supreme Court Justice Anar Patel dismissed a massive climate lawsuit by New York City, pointing out the city couldn’t claim both public awareness and deception by oil companies in the same breath.

But the Washington State case goes even further, threatening to set a dangerous precedent: if it moves forward, energy companies could face limitless liability for any weather-related injury. Worse, it would give unwarranted credibility to the idea — floated by a leftwing activist before the U.S. Senate — that energy executives could be prosecuted for homicide, a notion that Republican Texas Sen. Ted Cruz rightly called “moonbeam, wacky theory.”

The courts must keep rejecting these absurd lawfare stunts. More importantly, America’s energy policy should be set by Congress—elected and accountable—not by a single judge in a municipal courtroom.

Jason Isaac is the founder and CEO of the American Energy Institute. He previously served four terms in the Texas House of Representatives.

 

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Alberta

Temporary Alberta grid limit unlikely to dampen data centre investment, analyst says

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From the Canadian Energy Centre

By Cody Ciona

‘Alberta has never seen this level and volume of load connection requests’

Billions of investment in new data centres is still expected in Alberta despite the province’s electric system operator placing a temporary limit on new large-load grid connections, said Carson Kearl, lead data centre analyst for Enverus Intelligence Research.

Kearl cited NVIDIA CEO Jensen Huang’s estimate from earlier this year that building a one-gigawatt data centre costs between US$60 billion and US$80 billion.

That implies the Alberta Electric System Operator (AESO)’s 1.2 gigawatt temporary limit would still allow for up to C$130 billion of investment.

“It’s got the potential to be extremely impactful to the Alberta power sector and economy,” Kearl said.

Importantly, data centre operators can potentially get around the temporary limit by ‘bringing their own power’ rather than drawing electricity from the existing grid.

In Alberta’s deregulated electricity market – the only one in Canada – large energy consumers like data centres can build the power supply they need by entering project agreements directly with electricity producers.

According to the AESO, there are 30 proposed data centre projects across the province.

The total requested power load for these projects is more than 16 gigawatts, roughly four gigawatts more than Alberta’s demand record in January 2024 during a severe cold snap.

For comparison, Edmonton’s load is around 1.4 gigawatts, the AESO said.

“Alberta has never seen this level and volume of load connection requests,” CEO Aaron Engen said in a statement.

“Because connecting all large loads seeking access would impair grid reliability, we established a limit that preserves system integrity while enabling timely data centre development in Alberta.”

As data centre projects come to the province, so do jobs and other economic benefits.

“You have all of the construction staff associated; electricians, engineers, plumbers, and HVAC people for all the cooling tech that are continuously working on a multi-year time horizon. In the construction phase there’s a lot of spend, and that is just generally good for the ecosystem,” said Kearl.

Investment in local power infrastructure also has long-term job implications for maintenance and upgrades, he said.

“Alberta is a really exciting place when it comes to building data centers,” said Beacon AI CEO Josh Schertzer on a recent ARC Energy Ideas podcast.

“It has really great access to natural gas, it does have some excess grid capacity that can be used in the short term, it’s got a great workforce, and it’s very business-friendly.”

The unaltered reproduction of this content is free of charge with attribution to the Canadian Energy Centre.

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