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
Billionaire Michael Dell and his wife, Susan, announced Monday that they will give 25 million American children a $250 deposit as an initial boost to President Donald Trump’s new investment program for children.
The Dells’ pledge totals $6.25 billion and will be routed through the Treasury Department. The goal, they say, is to extend access to the federal Invest America program — referred to as “Trump accounts” — established by the One Big Beautiful Bill Act, signed into law by the president in July.
The federal program guarantees a $1,000 federally funded account for every child born from 2025 through 2028, but the Dells’ money will instead cover children 10 years old and younger in ZIP codes where the median household income is under $150,000, according to Bloomberg.
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“What inspired us most was the chance to expand this opportunity to even more children,” the Dells wrote in the press release. “We believe this effort will expand opportunity, strengthen communities, and help more children take ownership of their future.” (RELATED: Trump Media Company To Create Investment Funds With Only ‘America First’ Companies)
Dell, founder and CEO of Dell Technologies with a net worth of about $148 billion, has been one of the most visible corporate leaders championing the Trump accounts. In June, he joined Goldman Sachs CEO David Solomon, Uber CEO Dara Khosrowshahi, and others at a White House roundtable promoting the initiative.
In addition to the new $6.25 billion pledge, Dell Technologies committed to matching the government’s $1,000 contribution for the children of its employees. Other companies, such as Charter Communications, Uber, and Goldman Sachs, have said they are willing to match the government’s contributions when the accounts launch.
“This is not just about what one couple or one foundation or one company can do,” the couple wrote. “It is about what becomes possible when families, employers, philanthropists, and communities all join together to create something transformative.”
Starting July 4, 2026, parents will be able to open one of the accounts and contribute up to $5,000 a year. Employers can put in $2,500 annually without it counting as taxable income.
The money must be invested in low-cost, diversified index funds, and withdrawals are restricted until the child turns 18, when the funds can be used for college, a home down payment, or starting a business. Investment gains inside the account grow tax-free, and taxes are owed only when the money is eventually withdrawn.
The accounts will “afford a generation of children the chance to experience the miracle of compounded growth and set them on a course for prosperity from the very beginning,” according to the Trump administration.
The broader effort was originally spearheaded in 2023 by venture capitalist Brad Gerstner, who launched the nonprofit behind the Invest America concept.
“Starting 2026 & forevermore, every child will directly share in the upside of America! Huge gratitude to Michael & Susan for showing us all what is possible when we come together!” Gerstner wrote on X.
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