Energy
Activists using the courts in attempt to hijack energy policy

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 theĀ Daily Caller News Foundation
By Jason Isaac
They twist yesterdayās weather into tomorrowās crisis, peddle apocalyptic forecasts that fizzle, and swap āglobal warmingā for āclimate changeā whenever the narrative demands. They sound the alarm on a so-called climate emergency ā 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 isnāt just legal maneuveringāitās 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 upātheir 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 giantsāBP, Chevron, Conoco, Exxon, Phillips 66, Shell, and the Olympic Pipe Companyāaccusing them of causing Leonās death. Apparently, these few companies are to blame for the entire planetās climate, while other oil giants, coal companies, and the billions of consumers who actually use these fuels get a free pass.
Meanwhile, āclimate journalistsā 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 doctorās visit, having just been cleared to eat solid food after recent bariatric surgery.
But letās be clear: this lawsuit isnāt about truth, justice, or even common sense. Itās 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 wasĀ reportedlyĀ pitched to Leonās daughter by the left-leaningĀ Center for Climate Integrity, a group bankrolled by billionaire British nationalĀ Christopher HohnĀ through hisĀ Childrenās Investment Fund FoundationĀ and by theĀ Rockefeller Foundation. Itās 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 judgeĀ threw outĀ a climate nuisance suit against oil producers brought by Bucks County, citing lack of jurisdiction. In New York, Supreme Court Justice Anar PatelĀ dismissedĀ a massive climate lawsuit by New York City, pointing out the city couldnāt 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 ā floated by a leftwing activist before the U.S. Senate ā that energy executives could be prosecuted for homicide, a notion that Republican Texas Sen. Ted Cruz rightly called āmoonbeam, wacky theory.ā
The courts must keep rejecting these absurd lawfare stunts. More importantly, Americaās energy policy should be set by Congressāelected and accountableānot 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.
Alberta
Enbridge CEO says āthereās a good reasonā for Alberta to champion new oil pipeline

Enbridge CEO Greg Ebel. The companyās extensive pipeline network transports about 30 per cent of the oil produced in North America and nearly 20 per cent of the natural gas consumed in the United States. Photo courtesy Enbridge
From the Canadian Energy Centre
B.C. tanker ban an example of federal rules that have to change
The CEO of North Americaās largest pipeline operator says Albertaās move toĀ championĀ a new oil pipeline to B.C.ās north coast makes sense.
āThereās a good reason the Alberta government has become proponent of a pipeline to the north coast of B.C.,ā Enbridge CEO Greg Ebel told the Empire Club of Canada in Toronto the day after Albertaās announcement.
āThe previous [federal] governmentās tanker ban effectively makes that export pipeline illegal. No company would build a pipeline to nowhere.ā
Itās a big lost opportunity. With short shipping times to Asia, where oil demand is growing, ports on B.C.ās north coast offer a strong business case for Canadian exports. But only if tankers are allowed.
A new pipeline couldĀ generate economic benefitsĀ across Canada and, under Albertaās plan, drive economic reconciliation with Indigenous communities.
Ebel said the tanker ban is an example of how policies have to change to allow Canada to maximize its economic potential.
Repealing the legislation is at the top of the list of needed changes Ebel and 94 other energy CEOs sent in aĀ letterĀ to Prime Minister Mark Carney in mid-September.
The federal governmentās commitment to the tanker ban under former Prime Minister Justin Trudeau was aĀ key factorĀ in the cancellation of Enbridgeās Northern Gateway pipeline.
That project was originally targeted to go into service around 2016, with capacity to ship 525,000 barrels per day of Canadian oil to Asia.
āWe have tried to build nation-building pipelines, and we have the scars to prove it. Five hundred million scars, to be quite honest,ā Ebel said, referencing investment the company and its shareholders made advancing the project.
āThose are pensioners and retail investors and employees that took on that risk, and it was difficult,ā he said.
For an industry proponent to step up to lead a new Canadian oil export pipeline, it would likely require āoverwhelming government support and regulatory overhaul,ā BMO Capital Markets said earlier this year.
Energy companies want to build in Canada, Ebel said.
āThe energy sector is ready to invest, ready to partner, partner with Indigenous nations and deliver for the country,ā he said.
āNone of us is calling for weaker environmental oversight. Instead, we are urging government to adopt smarter, clearer, faster processes so that we can attract investment, take risks and build for tomorrow.ā
This is the time for Canadians āto remind ourselves we should be the best at this,ā Ebel said.
āWe should lead the way and show the world how itās done: wisely, responsibly, efficiently and effectively.ā
With input from a technical advisory group that includes pipeline leaders and Indigenous relations experts, Alberta will undertake pre-feasibility work to identify the pipelineās potential route and size, estimate costs, and begin early Indigenous engagement and partnership efforts.
The province aims to submit an application to the Federal Major Projects Office by spring 2026.
Alberta
The Technical Pitfalls and Political Perils of āDecarbonizedā Oil

ByĀ Ron Wallace
The term ādecarbonized oilā is popping up more and more in discussions of Canadaās energy politics. The concept refers to capturing and storing carbon dioxide (COā) generated during oil production and processing, thereby reducing greenhouse gas emissions, in order to support the continued strength of Canadaās oil and natural sector, the nationās number-one export earner and crucial to the economies of Alberta and Saskatchewan. Projects like the Weyburn Carbon Capture, Utilization and Sequestration Project in Saskatchewan have demonstrated the ideaās technical feasibility by sequestering 1.7 million tonnes of COā annually while producing incremental oil.
The key question now is whether this type of process can be dramatically scaled up ā by anywhere from six to over 20 times ā to facilitate what Alberta Premier Danielle Smith has termed a āgrand bargainā: using carbon capture and storage (CCS) to gain a greenlight from the federal government for a new oil export line to the West Coast, enabling Alberta to continue growing oil production and generating jobs while advancing Ottawaās climate goals. Prime Minister Mark Carney may be prone to hedging and ambiguity, but he has now made it clear that any such pipeline will indeed be contingent on Alberta proving it can ādecarbonizeā its oil
production.
The Pathways Alliance, a group of six producers representing 95% of Canadaās oil sands production, has designed a $16.5 billion CCS network to capture and store COā from up to 20 facilities, aiming for 11 million tonnes per year in Phase 1 and a breathtaking 40 million tonnes in Phase 2. Pathways is intended to help build consensus in favour of a new oil export pipeline that could enable up to 25% growth in Albertaās oil production ā generating possibly $20 billion per year in export revenues.
While credible critics, including the Institute for Energy Economics and Financial Analysis (IEEFA) and energy economist Jennifer Considine, highlight the high costs, uncertain revenues and poor returns from several other attempts at large-scale CCS, Albertaās UCP government appears to view it as the way out of its current impasse with Ottawa. It believes the profits generated from exports of Albertaās decarbonized oil could themselves help finance the CCS facilities required for the āgrand bargainā to be sealed.
Smith has been keeping up the political pressure, recently announcing that Alberta will fund and lead the effort to submit a formal pipeline application to the Carney governmentās new Major Projects Office. Major obstacles remain, but none is more serious than Carney maintaining predecessor Justin Trudeauās suite of anti-energy policies, particularly the draft oil and natural gas emissions cap, as part of his governmentās intention to meet net-zero targets by 2050 (although Carney has recently indicated some flexibility in this view). Smith argues that this is effectively an āunconstitutionalā production cap that threatens Albertaās economic future, vowing to challenge it legally if Carney doesnāt shelve it.
Smithās government at the same time is pursuing a more conciliatory tactic, offering to help advance federal climate objectives through CCS in order to speed up pipeline approvals under Carneyās Bill C-5. In this track, there is a question as to whether Alberta may be walking into an economic and technological trap that it will regret.
That is because the āgrand bargainā would create two different classes of oil in Canada, operating under different sets of regulations and resulting in different cost structures. Western Canadaās crude oil producers would shoulder costly and technically challenging decarbonization requirements ā plus the threat of federal veto over any new oil projects that werenāt similarly ādecarbonizedā. Canadian-produced oil would enter international export markets at a significant if not ruinous competitive disadvantage, risking not only profitability but market share. Eastern Canadaās oil refiners, meanwhile, would remain free to import fully ācarbonizedā
oil at the lowest prices they could get from countries with significantly looser environmental standards.
TheĀ Alberta oil sandsĀ currently generate 58% of Canadaās total oil output.Ā Data from December 2023 shows Alberta producing a record 4.53 million barrels per day as major oil export pipelines including Trans Mountain, Keystone and the Enbridge Mainline operated at near capacity. The same year,Ā Eastern Canada imported on average about 490,000 barrels per day by pipeline and sea from the United States (72.4%), Nigeria (12.9%) and Saudi Arabia (10.7%). Since 1988, imports by marine terminals along the St. Lawrence River have exceeded $228āÆbillion, while imports by New Brunswickās Irving Oil Ltd. refinery totalled $136āÆbillionĀ from 1988 to 2020.
The economic viability of large-scale CCS projects remains completely unproven; indeed, attempts to date in other jurisdictions have performed poorly. Attempting to ādecarbonizeā Albertaās oil, then, makes little economic sense; it appears to be based more on the Carney governmentās ideological objectives set to achieve global climate objectives.
The question thus becomes why Alberta is agreeing to a policy that could trap its taxpayers in a hugely expensive and unfair system that could imperil consideration of any new pipelines for Canadian oil exports, especially when private capital already largely remains on the sidelines.
Not only Albertans but Canadians generally need to carefully reconsider any āgrand bargainā that hinges on ādecarbonizationā of western Canadian oil, because doing so threatens the economic viability of Alberta oil production and associated export pipelines ā without meaningfully reducing global CO 2 emissions. And if industry proves unable to raise the vast capital required to construct the CCS projects, while lacking the cash flow to cover the steep ongoing costs needed to operate them, then where is the money to come from? At a time when Canadaās fiscal trajectory is so worrisome, the shortfall had better not be made up through public subsidies.
Even worse than the yawning fiscal risks, such an approach risks splitting the country into two economic zones: a West burdened by costly decarbonization requirements making Albertaās oil some of the worldās least profitable to produce, and an East benefiting as before from cheaper imported oil. This is hardly conducive to national unity. It is time for Alberta to reconsider the āgrand bargainā.
The original, full-length version of this article was recently published in C2C Journal.
Ron Wallace is a former Member of the National Energy Board.
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