Daily Caller
US Supreme Court Has Chance To End Climate Lawfare
From the Daily Caller News Foundation
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.
Daily Caller
Trump Orders Review Of Why U.S. Childhood Vaccination Schedule Has More Shots Than Peer Countries
From the Daily Caller News Foundation
By Emily Kopp
President Donald Trump will direct his top health officials to conduct a systematic review of the childhood vaccinations schedule by reviewing those of other high-income countries and update domestic recommendations if the schedules abroad appear superior, according to a memorandum obtained by the Daily Caller News Foundation.
“In January 2025, the United States recommended vaccinating all children for 18 diseases, including COVID-19, making our country a high outlier in the number of vaccinations recommended for all children,” the memo will state. “Study is warranted to ensure that Americans are receiving the best, scientifically-supported medical advice in the world.”
Trump directs the secretary of the Health and Human Services (HHS) and the director of the Centers for Disease Control and Prevention to adopt best practices from other countries if deemed more medically sound. The memo cites the contrast between the U.S., which recommends vaccination for 18 diseases, and Denmark, which recommends vaccinations for 10 diseases; Japan, which recommends vaccinations for 14 diseases; and Germany, which recommends vaccinations for 15 diseases.
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HHS Secretary Robert F. Kennedy Jr. has long been a critic of the U.S. childhood vaccination schedule.
The Trump Administration ended the blanket recommendation for all children to get annual COVID-19 vaccine boosters in perpetuity. Food and Drug Administration (FDA) Commissioner Marty Makary and Chief Medical Officer Vinay Prasad announced in May that the agency would not approve new COVID booster shots for children and healthy non-elderly adults without clinical trials demonstrating the benefit. On Friday, Prasad told his staff at the Center for Biologics Evaluation and Research that a review by career staff traced the deaths of 10 children to the COVID vaccine, announced new changes to vaccine regulation, and asked for “introspection.”
Trump’s memo follows a two-day meeting of vaccine advisors to the Centers for Disease Control and Prevention in which the committee adopted changes to U.S. policy on Hepatitis B vaccination that bring the country’s policy in alignment with 24 peer nations.
Total vaccines in January 2025 before the change in COVID policy. Credit: ACIP
The meeting included a presentation by FDA Center for Drug Evaluation and Research Director Tracy Beth Høeg showing the discordance between the childhood vaccination schedule in the U.S. and those of other developed nations.
“Why are we so different from other developed nations, and is it ethically and scientifically justified?” Høeg asked. “We owe our children science-based recommendations here in the United States.”
From the Daily Caller News Foundation
During the latest marathon cabinet meeting on Dec. 2, Energy Secretary Chris Wright made news when he told President Donald Trump that “The biggest determinant of the price of energy is politicians, political leaders, and polices — that’s what drives energy prices.”
He’s right about that, and it is why the back-and-forth struggle over federal energy and climate policy plays such a key role in America’s economy and society. Just 10 months into this second Trump presidency, the administration’s policies are already having a profound impact, both at home and abroad.
While the rapid expansion of AI datacenters over the past year is currently being blamed by many for driving up electric costs, power bills were skyrocketing long before that big tech boom began, driven in large part by the policies of the Obama and Biden administration designed to regulate and subsidize an energy transition into reality. As I’ve pointed out here in the past, driving up the costs of all forms of energy to encourage conservation is a central objective of the climate alarm-driven transition, and that part of the green agenda has been highly effective.
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President Trump, Wright, and other key appointees like Interior Secretary Doug Burgum and EPA Administrator Lee Zeldin have moved aggressively throughout 2025 to repeal much of that onerous regulatory agenda. The GOP congressional majorities succeeded in phasing out Biden’s costly green energy subsidies as part of the One Big Beautiful Bill Act, which Trump signed into law on July 4. As the federal regulatory structure eases and subsidy costs diminish, it is reasonable to expect a gradual easing of electricity and other energy prices.
This year’s fading out of public fear over climate change and its attendant fright narrative spells bad news for the climate alarm movement. The resulting cracks in the green facade have manifested rapidly in recent weeks.
Climate-focused conflict groups that rely on public fears to drive donations have fallen on hard times. According to a report in the New York Times, the Sierra Club has lost 60 percent of the membership it reported in 2019 and the group’s management team has fallen into infighting over elements of the group’s agenda. Greenpeace is struggling just to stay afloat after losing a huge court judgment for defaming pipeline company Energy Transfer during its efforts to stop the building of the Dakota Access Pipeline.
350.org, an advocacy group founded by Bill McKibben, shut down its U.S. operations in November amid funding woes that had forced planned 25 percent budget cuts for 2025 and 2026. Employees at EDF voted to form their own union after the group went through several rounds of budget cuts and layoffs in recent months.
The fading of climate fears in turn caused the ESG management and investing fad to also fall out of favor, leading to a flood of companies backtracking on green investments and climate commitments. The Net Zero Banking Alliance disbanded after most of America’s big banks – Goldman Sachs, J.P. Morgan Chase, Citigroup, Wells Fargo and others – chose to drop out of its membership.
The EV industry is also struggling. As the Trump White House moves to repeal Biden-era auto mileage requirements, Ford Motor Company is preparing to shut down production of its vaunted F-150 Lightning electric pickup, and Stellantis cancelled plans to roll out a full-size EV truck of its own. Overall EV sales in the U.S. collapsed in October and November following the repeal of the $7,500 per car IRA subsidy effective Sept 30.
The administration’s policy actions have already ended any new leasing for costly and unneeded offshore wind projects in federal waters and have forced the suspension or abandonment of several projects that were already moving ahead. Capital has continued to flow into the solar industry, but even that industry’s ability to expand seems likely to fade once the federal subsidies are fully repealed at the end of 2027.
Truly, public policy matters where energy is concerned. It drives corporate strategies, capital investments, resource development and movement, and ultimately influences the cost of energy in all its forms and products. The speed at which Trump and his key appointees have driven this principle home since Jan. 20 has been truly stunning.
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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