From fuel emissions standards to gasoline-powered vehicle bans to sweeping climate disclosure rules, states like California are constantly testing the extent to which state laws can shape national climate policy. But for nearly a decade, activists and left-leaning lawmakers have simultaneously pursued a backdoor strategy of using state courts, rather than state or federal legislatures, to sue oil and gas companies, shutting down production and achieving their goal of shutting down America’s energy supply.
A flurry of low-profile lawsuits against energy companies over electric vehicle mandates and offshore wind subsidies have flown under the radar, but that may be about to change: A win in just one of these cases could send shockwaves through Americans in the form of higher gasoline and home energy prices.
None have won so far, and the only lawsuit that has gone to court has completely failed, but billionaire-funded environmental activist groups continue to recruit new plaintiffs. To thwart the proliferation of plaintiffs and minimize potential harm to consumers, the Supreme Court has an opportunity this term to reject the dangerous theory that individual oil and gas companies can be held responsible for producing the products that fuel the modern world.
A group of Republican state attorneys general have taken action, giving the U.S. Supreme Court another chance to put an end to this madness. In the case of Alabama v. California, 19 Republican attorneys general have Lawsuit filed The Supreme Court ruled for five Democratic-led states that the partisan, activist-backed loafer campaign was an unconstitutional attempt to use state tort law to regulate lawful out-of-state conduct and impose national climate policy through liability.
The case of Alabama v. California is also putting pressure on the Supreme Court to consider it. Another petition– Sunoco LP v. City and County of Honolulu – is asking the judge to evaluate the climate lawsuit on its merits. Previously pointed outHonolulu’s petition argues that individual states should not be permitted to use their state tort laws to sue for damages allegedly resulting from interstate emissions — a matter essentially confined to federal law — and, as a result, Honolulu’s lawsuit should have been dismissed.
It is 2and The U.S. Circuit Court of Appeals in 2021 Fired In a climate change lawsuit brought by New York City against oil and gas companies, Judge Richard Sullivan wrote at the time: “Global warming is a uniquely international issue that implicates issues of federalism and foreign policy and thus requires the application of federal common law, rather than state law.”
It is long past time for the Supreme Court to step in and put an end to these billionaire-funded climate lawsuits. Allowing these lawsuits to continue would likely hinder both affordable energy and climate progress. The time and money spent by companies fighting these lawsuits, and the exorbitant damages demanded by plaintiffs (which also go into the coffers of wealthy litigation lawyers), are resources that companies could be directing toward solutions that reduce emissions in line with domestic and international climate goals.
We live in today’s economy, not a net-zero economy, and energy companies need immediate assurance that continuing to develop conventional oil and gas projects will not be viewed as a liability in the United States.
As the Republican attorneys general pointed out in their lawsuit, many states rely on revenues from energy production to fund schools, parks, and other vital social services. And that’s just the icing on the cake: Hydrocarbons heat our homes, power our cars, ensure a reliable electric grid, and enable all forms of manufacturing and industry.
Geopolitical challenges only make America’s role in global energy markets more important. As Russia’s aggression in Ukraine continues to undermine European energy security and Middle East conflicts threaten supply chains, America must prioritize energy policies that work for both our allies and taxpayers, rather than caving to activists.
The Supreme Court must stop this climate law war, or energy companies will face increased uncertainty about future project plans and billions of dollars will flee overseas, with American consumers and businesses paying the price in either case.
David Blackmon is a Texas-based energy writer and consultant who worked in the oil and gas industry for 40 years and specializes in public policy and communications.
The views and opinions expressed in this commentary are those of the author and do not necessarily reflect the official position of the Daily Caller News Foundation.
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