Things are just not going well for the leftwing activist groups, billionaire-funded NGOs and trial lawyer firms who have recruited a growing number of state and local government entities to sue U.S. oil and gas companies involving specious claims for damages caused by climate change. In recent months, the lawfare campaign, coordinated mainly from the offices of one San Francisco-based firm, has suffered a series of adverse judicial decisions in what appears to be a rising consensus in the nation’s courts.
Just two weeks after suffering a major setback in a decision involving Anne Arundel County, Maryland, the pushers and funders of this lawfare campaign were tossed out in a case targeting ExxonMobil, Chevron and additional defendants in New Jersey. There, Superior Court Judge Douglas H. Hurd dismissed the Garden State’s lawsuit with prejudice based on the same federal primacy arguments which prevailed in recent decisions in New York City and Baltimore, as well as in the Anne Arundel case.
In seeking damages, New Jersey adopted similar tactics adopted in the other cases that make up this lawfare campaign, claiming they’ve been harmed by “climate change” impacts allegedly caused by the emissions by oil companies, but attempting to couch the damages as violations of state laws unrelated to air pollution. But Hurd was having none of it.
“Despite the artful pleading by the Plaintiffs in this case,” the judge says in his decision, “this court finds that Plaintiffs’ complaint, even under the most indulgent reading, is entirely about addressing the injuries of global climate change and seeking damages for such alleged injuries.”
The problem for the states, cities and counties who have signed up for this lawfare campaign in the hopes of grabbing some big bucks from Big Oil is that their arguments inevitably amount to a local effort to de facto regulate air quality, an area of regulation in which the federal government has always asserted its primacy. There’s a very good reason for this: If every city, county and state in America were allowed to regulate air quality, the economy would soon grind to a halt as it becomes impossible to do business in this country.
Like the judges in the other cases decided thus far, Hurd conceded to that reality in dismissing the New Jersey case, saying, “As Defendants state in their moving brief, ‘the federal system does not permit a State to apply its laws to claims seeking redress for injuries allegedly caused by interstate or worldwide emissions,’” adding, “In conclusion, only federal law can govern Plaintiffs’ interstate and international emissions claims because ‘the basic scheme of the Constitution so demands.’”
The decision in the New Jersey case no doubt comes as a real disappointment for the billionaire-funded foundations and NGOs who spent years pushing for the state attorney general’s office to bring a case. In 2023,Energy Policy Advocates obtained emails detailing tactics employed by the Rockefeller-funded Center for Climate Integrity (CCI) to convince various cities and counties in the state to sign onto the lawfare campaign.
Those emails revealed close coordination between CCI and New Jersey officials, even to the extent of CCI funding an “Accountability University” to educate lawfare participants about the best tactics and talking points to deploy in their big money grab efforts.
CCI even offered to “ghost write” opinion pieces for public officials and “serve as an extra set of hands,” adding, “…there are absolutely no legal obligations. Since we are a 501 c3, there is no pledge or legal sign on’ required. Rather, we view ourselves as an extra set of hands to help public officials…”
So, what’s the point of all this, you might ask? Well, the point is that when you see one of these lawsuits brought by a city, county or state government, just know that none of this is happening organically. Also know that this big money grab costs these companies millions to defend themselves, and we all end up paying for it at the gas pump and in our home utility bills. Maybe it’s time we all demand these billionaires and trial lawyers find more productive ways to spend their time and money.
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.
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.
Editor’s note: This piece has been updated to reflect that Energy Policy Advocates obtained the emails detailing tactics employed by the Center for Climate Integrity.
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