DAVID BLACKMON: New Jersey Strikes Back Against Billionaire-Funded Legal Battles

By David Blackmon |

Recent developments indicate that leftwing activist groups and trial lawyer firms are facing significant challenges in their efforts to sue U.S. oil and gas companies over climate change claims. This coordinated legal campaign, largely spearheaded by a firm based in San Francisco, has experienced a string of unfavorable outcomes in courts nationwide. A consensus appears to be forming among judges regarding the legitimacy of these claims.

Just weeks after a setback in Anne Arundel County, Maryland, another blow was dealt in New Jersey, where Superior Court Judge Douglas H. Hurd dismissed a lawsuit aimed at ExxonMobil, Chevron, and others. The judge’s ruling was based on a legal principle embraced in earlier decisions in cities like New York and Baltimore, reinforcing federal authority in environmental regulation.

New Jersey’s legal strategy mirrored approaches seen in other jurisdictions, alleging climate-related damages while framing claims as violations of state laws unrelated to air quality. Judge Hurd, however, was clear in his dismissal, stating that the plaintiffs’ real intent was to seek damages for global climate change injuries, which fall under federal jurisdiction.

The implications of these rulings are significant. The lawfare approach taken by various municipalities assumes they can independently regulate air quality, a domain universally governed by federal law. Hurd emphasized that allowing local governance in air quality would disrupt business operations nationwide, a sentiment echoed by judges in other recent cases.

The New Jersey ruling likely disappoints organizations that have advocated for such lawsuits. Correspondence obtained by Energy Policy Advocates revealed tactics employed by the Rockefeller-funded Center for Climate Integrity (CCI) aimed at encouraging local governments to join this legal campaign. This included funding initiatives like an “Accountability University” to train officials in litigation strategies.

CCI’s involvement also extended to drafting opinion pieces for public officials, demonstrating a level of orchestration behind these lawsuits that belies their organic appearance. This raises questions about the motivations driving these legal actions.

Ultimately, these high-stakes lawsuits burden oil companies with substantial legal costs, which are often reflected in higher consumer prices. It’s time for a broader conversation about the responsible allocation of resources among influential organizations and their impact on consumers.

David Blackmon is an energy writer and consultant with 40 years of experience in the oil and gas sector, focusing on public policy and communications.