The hidden influences shaping climate litigation in state courts

Published October 12, 2024 9:26am ET



In my previous writing on Sunoco v. Honolulu, I warned about the dangers of state courts overstepping their bounds in climate change litigation, threatening the delicate balance of federalism. Today, we must confront an even more insidious threat to our judicial system: the strategic influencing of judges on climate issues, potentially compromising the integrity and impartiality of our courts.

The Environmental Law Institute’s Climate Judiciary Project presents itself as an educational initiative for judges. However, its laser focus on climate change litigation raises alarming questions about the boundaries between judicial education and advocacy. This isn’t about judges learning the basics of environmental law or an unbiased view on climatology; it’s about preparing them for a specific type of lawsuit that should, by all rights, be, as a policy question, the purview of legislatures and executive agencies.

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