Oil majors target judges as climate suits multiply

Oil companies and their allies are trying out a new legal defense tactic: Blame the judge. The claims — which include accusations that judges are biased — come as a flood of lawsuits against the fossil fuel industry heads to trial, writes Lesley Clark. From Hoboken, N.J., to Honolulu, dozens of cities, counties and states want to hold the industry accountable in cases accusing them of misleading the public about the dangers of burning fossil fuels and contributing to global warming. The lawsuits have a ways to go, but could force oil companies to pony up hundreds of billions of dollars for harming the public — much like tobacco and opioid manufacturers before them. Supreme Court letdown: Oil industry attorneys argue that the lawsuits are a distraction that will do little to address climate change. But the Supreme Court rejected their bid earlier this year to squash climate lawsuits on procedural grounds. So the fossil fuel industry has shifted its attention to judges. In Rhode Island, for example, oil companies say the judge hearing their case created the “appearance of bias” by citing two news stories about climate change that had not been entered into the record. In Hawaii, a conservative group is casting doubt on the objectivity of a judge because he’s involved in an organization that provides legal education on climate science, among other topics. Winning tactic? Questioning state judges’ objectivity doesn’t appear to be making much headway for the industry so far. In Rhode Island, Superior Court Judge William Carnes Jr. indicated that he will not grant the industry’s request to reverse his decision to allow the state to investigate oil industry operations. And in the Hawaii case, the accusations of bias (and accompanying media campaign) made by the conservative group Energy Policy Advocates have not entered trial deliberations. The group takes issue with state Supreme Court Chief Justice Mark Recktenwald’s involvement with the Environmental Law Institute, a Washington-based nonprofit that runs legal seminars. But the institute’s board includes oil and gas industry representatives, undercutting the argument that it is stacked in favor of the plaintiffs. And when Recktenwald invited both parties in the lawsuit to raise concerns about his plans to speak at a seminar organized by the institute, neither side objected. It’s Monday — thank you for tuning in to POLITICO’s Power Switch. I’m your host, Arianna Skibell. Power Switch is brought to you by the journalists behind E&E News and POLITICO Energy. Send your tips, comments, questions to Today in POLITICO Energy’s podcast: James Bikales breaks down why the United Auto Workers union is threatening to strike over the country’s transition to electric vehicles. Speaking of climate lawsuits… The youth prevailed — A Montana judge ruled today that the state is violating its residents’ right to a clean environment, delivering a major victory to the 16 kids, teens and young adults behind the first U.S. youth-led climate trial, writes Lesley Clark. Judge Kathy Seeley of the 1st District Court ruled that state lawmakers flouted Montanans’ constitutional right to a “clean and healthful environment” when they passed a law barring agencies from considering the climate effects of fossil fuel projects. The case is being watched nationwide as a bellwether for litigants who want to hold governments and fossil fuel companies accountable for climate change. The verdict — which the state vowed to appeal to the Montana Supreme Court — could serve as a model for similar youth-led lawsuits in other states. Power Centers California is going big California is planning to develop offshore wind at a depth and scale never before attempted in the world, writes Wes Venteicher. A new offshore wind proposal, driven by the Biden and Newsom administrations’ efforts to dramatically increase clean energy, would erect dozens of massive turbines with blades as long as a football field in an area of the Pacific Ocean nearly 10 times the size of Manhattan. Need attention? Throw a party President Joe Biden is organizing a big party to celebrate the first anniversary of his climate law, write Robin Bravender and Kelsey Brugger. The party is part of a broader campaign to raise public awareness about the $369 billion measure — known as the Inflation Reduction Act — after recent polling revealed the public knows very little about it. The climate law has split rural conservatives Despite being little known, the law is causing quite a commotion in rural communities, write Josh Siegel, Kelsey Tamborrino and Jessie Blaeser. Some rural conservatives are welcoming their slice of federal incentives meant to spur clean energy technology and related jobs. Others see the Inflation Reduction Act as a vehicle for boosting Chinese businesses and the reach of their government. In Other News Wildfires: Hawaii’s governor has ordered a comprehensive review as Maui’s fires become the deadliest in modern U.S. history. It’s spreading: Wildfire risks are rising across U.S., from Hawaii to Oregon to Texas. Inside the GOP: Republican attacks on climate science are becoming more aggressive and “personal,” Vox writes. Subscriber Zone A showcase of some of our best subscriber content. The solar industry’s biggest trade group is hailing an “unprecedented” wave of plans to make panels and components in the U.S., but some analysts are skeptical. California Gov. Gavin Newsom (D) is sidestepping Washington by inking climate pacts with China and Australia, cementing the state’s role as a climate policy power broker. Activists are condemning a recent Forest Service report to Congress, saying one of its conclusions supports a policy that would worsen climate change. That’s it for today, folks! Thanks for reading. Follow Us