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Left-Wing Climate Group Is Stealthily Prepping US Judges For Climate Change Cases

by Thomas Catenacci
January 02, 2024, 12:45 PM
in News and Opinion
Reading Time: 5 mins read
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appeals courtA little-known judicial advocacy organization funded by left-wing nonprofits is quietly training judges nationwide on preparing for cases related to climate change, according to a Fox News Digital review.

The Washington, D.C.-based Environmental Law Institute (ELI) created the Climate Judiciary Project (CJP) in 2018, establishing a first-of-its-kind resource to provide “reliable, up-to-date information” about climate change litigation, according to the group. [emphasis, links added]

The project’s reach has extended to various state and federal courts, including powerful appellate courts, and comes as various cities and states pursue high-profile litigation against the oil industry.

“As the body of climate litigation grows, judges must consider complex scientific and legal questions, many of which are developing rapidly,” CJP states on its website.

“To address these issues, the Climate Judiciary Project of the Environmental Law Institute is collaborating with leading national judicial education institutions to meet judges’ need for basic familiarity with climate science methods and concepts.”

“We are developing and disseminating a climate science and law curriculum and are conducting seminars and educational programs, in collaboration with leading climate scientists and legal experts,” it adds.

“The goal of our project is to provide neutral, objective information to the judiciary about the science of climate change as it is understood by the expert scientific community and relevant to current and future litigation.”

Since it was founded more than five years ago, the project has crafted 13 curriculum modules and hosted 42 events while more than 1,700 judges have participated in its activities.

Multiple judges serve as advisers at CJP, potentially having an impact on its curriculum and modules.

For example, Ronald Robie, an associate justice for the Third District of the California Courts of Appeal, Judge Michael Simon of the U.S. District Court for the District of Oregon, and David Tatel, the recently retired former senior judge on the U.S. Court of Appeals for the District of Columbia Circuit have all acted as advisers for the project.

A review of an Environmental Law Institute policy brief summarizing past events indicates that CJP has reached judges from across the 1st, 2nd, 3rd, 4th, and 5th federal circuits, some of which are based in New York City, Boston, and Puerto Rico.

The group further boasts that it hosted a plenary session with approximately 100 judges in attendance at the annual mid-winter meeting of the Ninth Federal Circuit in 2019.

“Spurred by government actions and court decisions — and accompanied by a drumbeat of growing impacts — a rule of law of climate change is emerging,” the brief states. “ELI’s Climate Judiciary Project is preparing the bench to understand the science and ensure justice in the new legal environment.”

In 2022, the Environmental Law Institute said it led 80 events, ranging from conferences, policy forums, and boot camps on topics that included climate change, the Clean Air Act, the Clean Water Act, decarbonization, the Endangered Species Act, energy law, environmental criminal enforcement, environmental justice and ESG (environmental, social and corporate governance).

CJP’s various curricula indicate that the group’s courses and seminars blame climate change on fossil fuel production and use.

According to the documents, if carbon emissions continue at their current rate, the global average temperature will rise to as much as 4.8 degrees Celsius above preindustrial levels by 2100, far surpassing the 1.5 degrees Celsius target set by the United Nations.

“The only factor that can clearly explain the rising temperatures of the two centuries is the increasing level of atmospheric greenhouse gases, modulated by land cover change and increases in atmospheric aerosols (pollutants) from human activities,” one of the modules states.

“Climate change poses economic and financial risks, which emerge from impacts on infrastructure and the built environment and consequences for markets and other instruments that manage and are affected by such risks,” another adds.

“Economic and financial impacts and damages from climate change are already occurring, and the potential costs and losses in the future are substantial, increasing non-linearly with the amount of global warming that occurs.”

Another module is dedicated to discussing “climate justice,” which states that low-income communities have historically been exposed to more environmental harms like “elevated exposure to heat, flooding, vehicular traffic, hazardous materials and pollutants, decaying civic infrastructure, poverty, and crime.”

Overall, according to its most recent tax filings, the Environmental Law Institute reported a total of $8.6 million in revenue — the vast majority of which came from outside funding sources and program revenue — and $14.6 million in total assets last year.

In recent years, the group has raised millions of dollars from left-wing nonprofits like the William and Flora Hewlett Foundation, Robert Wood Johnson Foundation, Oak Foundation, Pew Charitable Trusts, Alfred P. Sloan Foundation, and the Walton Family Foundation. …snip…

The Environmental Law Institute, meanwhile, boasts numerous connections to Sher Edling, an eco law firm representing several jurisdictions including Minnesota, New Jersey, New York City, and San Francisco in climate nuisance cases against oil corporations in which plaintiffs argue that the fossil fuel industry has spearheaded a decades-long campaign of deception about global warming risks.

Sher Edling — founded in 2017 specifically to represent “states, cities, public agencies, and businesses in high-impact, high-value environmental cases,” according to its website — has also received funding from left-wing groups like the MacArthur Foundation and William and Flora Hewlett Foundation, which have both funded ELI.

“A grant to the Environmental Law Institute will support the Climate Judiciary Project, which was launched in 2019,” the MacArthur Foundation explains as the rationale for a $500,000 contribution to the ELI in 2020.

“The goal of the project is to increase judges’ understanding of the objective facts of climate science as it is understood by the expert scientific community, and how the lack of information would result in serious consequences for human and natural systems,” it continues. “This will lead to better-informed decisions and ultimately build a body of law supporting climate action.”

In addition to sharing some funding streams, the Environmental Law Institute and Sher Edling have also hired some of the same personnel.

Read the full post at Fox News

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Comments 5

  1. Drewski says:
    1 year ago

    Good.
    Judges need to become educated on the existential theat oc global warming/climate change.

    BTW, I look forward to this rag of a website to publish an article on 2023 being the hottest year in the instrumental record (by a LOT).

    • Sober JurisPrudence says:
      1 year ago

      What is it that your side hates about be required to
      present proof of your specious claims?
      I mean actual proof that your side has never presented even once
      while repeating ad nauseam that the debate is over.
      When there really never was a debate.

  2. Sonnyhill says:
    1 year ago

    Where will it stop? All life is part of the carbon cycle. I will be an “emitter” until I die.

  3. Russell Johnson says:
    1 year ago

    This article was rushed into print too quickly, missing a number of errors. Part of the corrections are now available:
    “As we attempt to overwhelm the courts with climate litigation, judges must be reprogrammed with false complex scientific and legal positions, many of which are pulled from our lying asses”

    “To address these issues, the Climate Misanthrope Project and make as much money as possible Misanthropic Law Institute is conspiring with leading national judicial re-programming institutions to mislead judges by providing rapid immersion into intense propaganda proselytizing them into the false religion of Climate Change.

    “We are developing and disseminating climate science and law propaganda and are conducting indoctrination seminars and re-educational programs, in collaboration with bought and paid for pseudo-scientists known to exaggerate and promote climate catastrophe.

    “The goal of our project is to provide biased, subjective information to the judiciary about the religion of climate change as it is understood by the sanctified priesthood and certified acolytes. As the judiciary’s indoctrination gains converts we confidently expect to excessively punish all fossil fuel providers with excessive monetary awards of which we will profit magnificently. We must be prepared to defend and re-litigate re-radiation and force the judiciary to force legitimacy of climate forcing factors……

  4. Spurwing Plover says:
    1 year ago

    They can already hear the sound KAH-CHING KAH-CHING KAH-CHING and the big $$$$$$$$$$ flashing in their eyes

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