EXCLUSIVE: Climate Law Firm Bankrolls Democrat AGs Before Midterm Elections, Raises Pay To Play Questions

A prominent climate plaintiff law firm, Sher Edling, donated to the Democratic Attorneys General Association (DAGA) before the midterm elections.

Sher Edling made a $25,000 donation to DAGA on Sept. 15th, according to IRS records obtained by the Daily Caller News Foundation. Given Sher Edling’s financial stake in being awarded contracts related to climate litigation, the recent donation raises concern over a potential conflict of interest between newly elected Democratic AGs and Sher Edling.

Sher Edling has a history of being awarded contracts by Democratic attorneys general to sue oil companies on behalf of the state. Furthermore, Sher Edling operates via contingency fees, meaning the company takes a percentage of money from successful lawsuits.

Sher Edling tried to have Baltimore County file a lawsuit against oil and gas companies with such a contingency fee agreement, The Baltimore Sun reported in 2022. If the potential lawsuit was successful, Sher Edling would have received 25% of the first $100 million in settlement damages, plus 15% of the next $50 million, and an additional 7.5% of any amount above $150 million.

Neither Sher Edling nor DAGA replied to the DCNF’s request for comment.

Sher Edling has also been accused of attempting to influence judges presiding over climate litigation cases. Partner Vic Sher of Sher Edling was subpoenaed by the House Judiciary Committee in April for his company’s ties to the Environmental Law Institute (ELI) and its Climate Judiciary Project (CJP).

“Evidence has emerged that raises questions about whether ELI, CJP, or one of its affiliates have coordinated with your law firm, Sher Edlin LLP, on climate-related litigation, lectures for judges, or other activities aimed at predisposing judges to side with plaintiffs in climate-related cases,” the subpoena stated.

“Mr. Michael Burger, is Of Counsel at your law firm, while also serving as the Executive Director of the Sabin Center for Climate Change Law, an organization that has been involved with the CJP since it hosted its inaugural seminar in June 2019. The Sabin Center says it partners with ELI to ‘leverage [its] expertise to support climate solutions’,” the subpoena stated.

Burger ghostwrote material used by the CJP to educate justices on climate change, the subpoena alleges.