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Climate Change Movement Goes To Court — Will Judges Ban Fossil Fuels?

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6 minute read

From the Daily Caller News Foundation

By STEPHEN MOORE

 

Things are not going well at all for the global warming crusaders. Despite hundreds of billions of tax dollars spent on green energy over the past decade, the world and America used more fossil fuels than ever before in history last year.

The electric vehicle movement is stalled out, solar and wind power are both still fringe forms of energy, and the green candidates got crushed in recent elections in Europe because voters are sick of the higher prices associated with green policies.

So, having struck out with consumers, businesses and at the ballot box, the greens now are moving on to the courts. The climate-change industrial complex has now joined forces with trial lawyers to advance their war on fossil fuels.

One of the more absurd lawsuits happened in Hawaii.

There, a group of 13 teenagers — honest, I’m not making this up — sued Hawaii’s government over its use of fossil fuels. Environmental law firms Our Children’s Trust and Earthjustice claim that Hawaii’s natural resources are imperiled by CO2 emissions. Even if that were true, shouldn’t they be suing China?

The settlement will require the state to eliminate fossil fuels from its transportation system by 2045, and also formally recognizes the right to file future lawsuits against other parties.

Democratic Gov. Josh Green even stood next to the young plaintiffs as he read a statement claiming, “This settlement informs how we as a state can best move forward to achieve life-sustaining goals.”

There is so much that is wrong about this decision. How did a bunch of teenagers possibly have standing to sue? What possible harm have they suffered from fossil fuels?

The irony is that this island paradise in the Pacific — whose primary industry is tourism — is going to collapse without fossil fuels. With no jets and cruise ships allowed, will tourists and business travelers have to arrive by sailboat?

But this new technique of using lawsuits to advance the anti-fossil fuels movement has spread to other states. Last August, a judge ruled that GOP-dominated Montana violated its constitution when it approved fossil fuel projects without taking climate change into account.

After recent flooding in Vermont, green activists sued the state for not abolishing fossil fuels.

Massachusetts is suing Exxon Mobil for adverse weather conditions.

There are now 32 cases filed by state attorneys general, cities, counties and tribal nations against companies including Exxon Mobil, BP and Shell. The lawsuits claim that the industry tried to undermine scientific consensus about the crisis.

Here’s what’s so frightening about these sham lawsuits from trial lawyers who hope to turn oil companies into cash cows similar to the tobacco lawsuits 20 years ago: The end game of lawsuits against states and oil and gas companies for using or producing energy because of alleged damage to the environment could bring about abolition of fossil fuels through the back door of the nation’s courthouses.

But what none of these judges or litigators take into account is the catastrophic economic effects of not using fossil fuels. As an example, the Left wants to abolish air conditioning, which requires electricity, which mostly comes from fossil fuels. But air conditioning saves tens of thousands of lives a year. What about the millions of jobs that would be wiped out with no fossil fuels? How many thousands of Americans would die in hospitals, or assisted living centers, or day care centers, or schools if the lights go out with no fossil fuel power plants?

Fossil fuels have saved millions more lives over the last century than they take. They make Americans much richer and safer and happier and healthier and more mobile. Meanwhile, there is no evidence backing up the absurd claim by teenagers that if Hawaii stopped using fossil fuels, the state’s weather conditions would improve.

Will judges take that into consideration when they try to rob Exxon and coal companies of their profits for the sin of making life on earth much better?

Stephen Moore is a visiting fellow at the Heritage Foundation and a senior economic advisor to Donald Trump. His latest book is: “Govzilla: How the Relentless Growth of Government Is Devouring Our Economy.”

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.

(Featured Image Media Credit: Screen Capture/Supreme Court of the United States)

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US Supreme Court Has Chance To End Climate Lawfare

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From the Daily Caller News Foundation

By David Blackmon

All eyes will be on the Supreme Court later this week when the justices conference on Friday to decide whether to grant a petition for writ of certiorari on a high-stakes climate lawsuit out of Colorado. The case is a part of the long-running lawfare campaign seeking to extract billions of dollars in jury awards from oil companies on claims of nebulous damages caused by carbon emissions.

In Suncor Energy (U.S.A.) Inc., et al. v. County Commissioners of Boulder County, major American energy companies are asking the Supreme Court to decide whether federal law precludes state law nuisance claims targeting interstate and global emissions. This comes as the City and County of Boulder, Colo. sued a long list of energy companies under Colorado state nuisance law for alleged impacts from global climate change.

The Colorado Supreme Court allowed a lower state trial court decision to go through, improbably finding that federal law did not preempt state law claims. The central question hangs on whether the federal Clean Air Act (CAA) preempts state common law public nuisance claims related to the regulation of carbon emissions. In this case, as in at least 10 other cases that have been decided in favor of the defendant companies, the CAA clearly does preempt Colorado law. It seems inevitable that the Supreme Court, if it grants the cert petition, would make the same ruling.

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Such a finding by the Supreme Court would reinforce a 2021 ruling by the Second Circuit Appeals Court that also upheld this longstanding principle of federal law. In City of New York v. Chevron Corp. (2021), the Second Circuit ruled that municipalities may not use state tort law to hold multinational companies liable for climate damages, since global warming is a uniquely international concern that touches upon issues of federalism and foreign policy. Consequently, the court called for the explicit application of federal common law, with the CAA granting the Environmental Protection Agency – not federal courts – the authority to regulate domestic greenhouse gas emissions. This Supreme Court, with its 6-3 conservative majority, should weigh in here and find in the same way.

Boulder-associated attorneys have become increasingly open to acknowledging the judicial lawfare inherent in their case, as they try to supplant federal regulatory jurisdiction with litigation meant to force higher energy prices rise for consumers. David Bookbinder, an environmental lawyer associated with the Boulder legal team, said the quiet part out loud in a recent Federalist Society webinar titled “Can State Courts Set Global Climate Policy. “Tort liability is an indirect carbon tax,” Bookbinder stated plainly. “You sue an oil company, an oil company is liable. The oil company then passes that liability on to the people who are buying its products … The people who buy those products are now going to be paying for the cost imposed by those products.”

Oh.

While Bookbinder recently distanced himself from the case, no notice of withdrawal had appeared in the court’s records as of this writing. Bookbinder also writes that “Gas prices and climate change policy have become political footballs because neither party in Congress has had the courage to stand up to the oil and gas lobby. Both sides fear the spin machine, so consumers get stuck paying the bill.”

Let’s be honest: The “spin machine” works in all directions. Make no mistake about it, consumers are already getting stuck paying the bill related to this long running lawfare campaign even though the defendants have repeatedly been found not to be liable in case after case. The many millions of dollars in needless legal costs sustained by the dozens of defendants named in these cases ultimately get passed to consumers via higher energy costs. This isn’t some evil conspiracy by the oil companies: It is Business Management 101.

Because the climate alarm lobby hasn’t been able to force its long-sought national carbon tax through the legislative process, sympathetic activists and plaintiff firms now pursue this backdoor effort in the nation’s courts. But their problem is that the law on this is crystal clear, and it is long past time for the Supreme Court to step in and put a stop to this serial abuse of the system.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

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Alberta

The case for expanding Canada’s energy exports

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From the Canadian Energy Centre

By Deborah Jaremko

For Canada, the path to a stronger economy — and stronger global influence — runs through energy.

That’s the view of David Detomasi, a professor at the Smith School of Business at Queen’s University.

Detomasi, author of Profits and Power: Navigating the Politics and Geopolitics of Oil, argues that there is a moral case for developing Canada’s energy, both for Canadians and the world.

David Detomasi. Photo courtesy Smith School of Business, Queen’s University

CEC: What does being an energy superpower mean to you?

DD: It means Canada is strong enough to affect the system as a whole by its choices.

There is something really valuable about Canada’s — and Alberta’s — way of producing carbon energy that goes beyond just the monetary rewards.

CEC: You talk about the moral case for developing Canada’s energy. What do you mean? 

DD: I think the default assumption in public rhetoric is that the environmental movement is the only voice speaking for the moral betterment of the world. That needs to be challenged.

That public rhetoric is that the act of cultivating a powerful, effective economic engine is somehow wrong or bad, and that efforts to create wealth are somehow morally tainted.

I think that’s dead wrong. Economic growth is morally good, and we should foster it.

Economic growth generates money, and you can’t do anything you want to do in social expenditures without that engine.

Economic growth is critical to doing all the other things we want to do as Canadians, like having a publicly funded health care system or providing transfer payments to less well-off provinces.

Over the last 10 years, many people in Canada came to equate moral leadership with getting off of oil and gas as quickly as possible. I think that is a mistake, and far too narrow.

Instead, I think moral leadership means you play that game, you play it well, and you do it in our interest, in the Canadian way.

We need a solid base of economic prosperity in this country first, and then we can help others.

CEC: Why is it important to expand Canada’s energy trade?

DD: Canada is, and has always been, a trading nation, because we’ve got a lot of geography and not that many people.

If we don’t trade what we have with the outside world, we aren’t going to be able to develop economically, because we don’t have the internal size and capacity.

Historically, most of that trade has been with the United States. Geography and history mean it will always be our primary trade partner.

But the United States clearly can be an unreliable partner. Free and open trade matters more to Canada than it does to the U.S. Indeed, a big chunk of the American people is skeptical of participating in a global trading system.

As the United States perhaps withdraws from the international trading and investment system, there’s room for Canada to reinforce it in places where we can use our resource advantages to build new, stronger relationships.

One of these is Europe, which still imports a lot of gas. We can also build positive relationships with the enormous emerging markets of China and India, both of whom want and will need enormous supplies of energy for many decades.

I would like to be able to offer partners the alternative option of buying Canadian energy so that they are less reliant on, say, Iranian or Russian energy.

Canada can also maybe eventually help the two billion people in the world currently without energy access.

CEC: What benefits could Canadians gain by becoming an energy superpower? 

DD: The first and primary responsibility of our federal government is to look after Canada. At the end of the day, the goal is to improve Canada’s welfare and enhance its sovereignty.

More carbon energy development helps Canada. We have massive debt, an investment crisis and productivity problems that we’ve been talking about forever. Economic and job growth are weak.

Solving these will require profitable and productive industries. We don’t have so many economic strengths in this country that we can voluntarily ignore or constrain one of our biggest industries.

The economic benefits pay for things that make you stronger as a country.

They make you more resilient on the social welfare front and make increasing defence expenditures, which we sorely need, more affordable. It allows us to manage the debt that we’re running up, and supports deals for Canada’s Indigenous peoples.

CEC: Are there specific projects that you advocate for to make Canada an energy superpower?

DD: Canada’s energy needs egress, and getting it out to places other than the United States. That means more transport and port facilities to Canada’s coasts.

We also need domestic energy transport networks. People don’t know this, but a big chunk of Ontario’s oil supply runs through Michigan, posing a latent security risk to Ontario’s energy security.

We need to change the perception that pipelines are evil. There’s a spiderweb of them across the globe, and more are being built.

Building pipelines here, with Canadian technology and know-how, builds our competitiveness and enhances our sovereignty.

Economic growth enhances sovereignty and provides the resources to do other things. We should applaud and encourage it, and the carbon energy sector can lead the way.

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