{"id":328566,"date":"2024-05-13T14:46:46","date_gmt":"2024-05-13T12:46:46","guid":{"rendered":"https:\/\/climatescience.press\/?p=328566"},"modified":"2024-05-13T14:46:49","modified_gmt":"2024-05-13T12:46:49","slug":"even-stupider-than-the-stupidest-litigation-in-the-country","status":"publish","type":"post","link":"https:\/\/climatescience.press\/?p=328566","title":{"rendered":"Even Stupider Than The Stupidest Litigation In The Country"},"content":{"rendered":"\n
\"\"<\/figure>\n\n\n\n

<\/p>\n\n\n\n

From Manhattan Contrarian<\/a><\/p>\n\n\n\n

From Francis Menton<\/a><\/p>\n\n\n\n

I have had several posts on a collection of related cases that I have called \u201cThe Stupidest Litigations In The Country.\u201d These are cases where climate hysterics have sued oil and gas producing companies, or the federal government, or both, seeking various extreme punishments ranging from massive damages up to and including an order to end all production of fossil fuels. The asserted grounds vary somewhat from case to case, but a central theme is a claimed constitutional right to a \u201cclean and healthy environment.\u201d<\/p>\n\n\n\n

My last update on these cases was a post on April 9.<\/a> A main subject there was the lawsuit of Juliana v. United States<\/em>, which is one of the cases where the federal government is the defendant and the goal is to require it to force an end to the production of fossil fuels. The occasion for the post was that, nine years into the litigation, the federal defendant had just launched its third<\/em> effort to get the Ninth Circuit Court of Appeals to end the case on the ground of \u201cnon-justiciability\u201d \u2014 that is, to get the court to rule that such an issue of society-wide energy policy is not a proper subject to be decided by a court. Instead, the Department of Justice was arguing, this sort of question must be left to the political branches of government, that is, legislatures and executives. (On May 1, a three-judge panel of the Ninth Circuit in fact ordered that the Juliana<\/em> case be dismissed<\/a>. We\u2019ll see if that sticks. The plaintiffs still have a few litigation options left, including seeking \u201cen banc\u201d review from the full Ninth Circuit, and seeking review from the Supreme Court.)<\/p>\n\n\n\n

Meanwhile, be careful what you wish for. If the decision to blame energy-producing companies for everything wrong with the environment is to be left to the political branches, what\u2019s to stop those political branches from jumping into this act?<\/p>\n\n\n\n

In the last few days, the legislature in the state of Vermont has done just that. NBC News has the story on May 7, with the headline \u201cVermont passes bill to charge fossil fuel companies for damage from climate change.\u201d<\/a><\/p>\n\n\n\n

It looks like little Vermont (population about 650,000) is going to step up to save the planet where all the big players like the federal government and California have failed. The idea here is that the state will force the fossil fuel producers to pay damages to compensate for any losses attributable to \u201cclimate change.\u201d If you believe that all extreme weather is the fault of \u201cclimate change\u201d (and it appears that they do believe that), then this could add up to some enormous sums. From NBC:<\/p>\n\n\n\n

Vermont lawmakers passed a bill this week that is designed to make big fossil fuel companies pay for damage from weather disasters fueled by climate change.<\/em><\/p>\n\n\n\n

Here is a link<\/a> to the state legislature\u2019s website for the text of the bill. As of now, the bill appears to have passed both houses of the legislature, and is awaiting the signature of the Governor. The Governor \u2014 Phil Scott, a Republican \u2014 may well balk. However, the bill passed with very few dissenting votes, so even if Scott vetoes it, there are likely to be plenty of votes of override.<\/p>\n\n\n\n

My comment is that this legislation is even stupider than the stupidest litigations. It\u2019s so stupid that even California hasn\u2019t tried it.<\/p>\n\n\n\n

Here is NBC\u2019s summary of how the new law will work:<\/p>\n\n\n\n

Vermont\u2019s bill, referred to as its Climate Superfund Act, would . . . mandate that big oil companies and others with high emissions pay for damage caused by global warming. The amounts owed would be determined based on calculations of the degree to which climate change contributed to extreme weather in Vermont, and how much money those weather disasters cost the state. From there, companies\u2019 shares of the total would depend on how many metric tons of carbon dioxide each released into the atmosphere from 1995 to 2024.<\/em><\/p>\n\n\n\n

So what exactly is the game plan? I don\u2019t think that they have thought this one through, to put it mildly. Isn\u2019t every citizen of Vermont a user of fossil fuels? How about the state itself? Exxon may have produced a bunch of gasoline by pumping crude oil and refining it down in Texas, but the state of Vermont is the one that made all those emissions by running a fleet of cars and trucks and heating all its buildings. Is the state prepared to restrict at all the use of fossil fuels in its territory, or is it just going to pretend that nobody but the fuel producers has any role in making emissions?<\/p>\n\n\n\n

I can\u2019t wait to see how the litigation back-and-forth plays out. Many possibilities suggest themselves. One likelihood is that the producers could raise prices to their Vermont distributors to recoup whatever extra costs Vermont imposes on them, thus effectively passing any damage claims right back to the Vermont consumers. Or potentially the oil companies could join into the litigation as third-party defendants all the citizens of Vermont and the state itself. That would be fun.<\/p>\n\n\n\n

There is likely to be a huge issue of Vermont getting jurisdiction over all or even a few of the fossil fuel producers. Everybody can name about five gigantic oil companies, and most people have the impression that those five companies are responsible for most emissions. But in fact there are hundreds of companies that produce oil, natural gas and coal, and far and away most emissions come from fuels both produced and consumed outside the U.S. Most production of fossil fuels occurs in places like China, Russia, Saudi Arabia and India. Even as to U.S. producers that sell products in Vermont, I believe that under recent Supreme Court law (Daimler v. Bauman<\/em>), Vermont does not have the ability to force producers to respond to claims in Vermont courts unless the company is either incorporated in Vermont or has its headquarters in Vermont. That\u2019s probably none of them. Will Vermont launch dozens of claims around the country, most in states (Texas, Oklahoma, Louisiana, etc.) that are friendly to fossil fuel producers?<\/p>\n\n\n\n

At the Pirate\u2019s Cove<\/a>, the Pirate has this comment:<\/p>\n\n\n\n

What happens if the fossil fuels companies decide to leave? How does the government itself operate without fossil fuels? How do many heat their homes? Get to work? Operate their boats? Do visitors want to deal with high costs, or, just go elsewhere? How do truck bring goods in if there are no gas stations? How do planes get fuels?<\/em><\/p>\n\n\n\n

Well, the companies can\u2019t get together and all agree to leave. That would be a violation of the antitrust laws. But they can go to the legislature and dare it to ban them all from selling anything in the state. That\u2019s what I would propose they do.<\/p>\n\n\n\n

Somehow, the Vermont legislature cannot see how ridiculous it looks blaming fossil fuel producers for carbon emissions when in fact all of the people of Vermont, as well as the state itself, are the ones buying and burning the fuels. Why don\u2019t they just stop if it\u2019s such a bad thing?<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

I have had several posts on a collection of related cases that I have called \u201cThe Stupidest Litigations In The Country.\u201d These are cases where climate hysterics have sued oil and gas producing companies, or the federal government, or both, seeking various extreme punishments ranging from massive damages up to and including an order to end all production of fossil fuels. The asserted grounds vary somewhat from case to case, but a central theme is a claimed constitutional right to a \u201cclean and healthy environment.\u201d<\/p>\n","protected":false},"author":121246920,"featured_media":328569,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","_crdt_document":"","advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[1],"tags":[691818056,691820398,691818076,691818154],"class_list":{"0":"post-328566","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","6":"hentry","7":"category-uncategorized","8":"tag-climate-change","9":"tag-climate-lawsuit","10":"tag-co2","11":"tag-net-zero","13":"fallback-thumbnail"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/05\/0GettyImages-1177566076-scaled-e1681411892710.jpg?fit=2310%2C992&ssl=1","jetpack_likes_enabled":true,"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/paxLW1-1nts","jetpack-related-posts":[{"id":400647,"url":"https:\/\/climatescience.press\/?p=400647","url_meta":{"origin":328566,"position":0},"title":"“Stupidest Litigation” Update","author":"uwe.roland.gross","date":"09\/07\/2025","format":false,"excerpt":"Suppose you had decided that the most important issue facing our planet was saving it from the possibility that some trace gas in the atmosphere, currently constituting about 0.04% of the air, might increase to 0.05%, or maybe even (oh no!) to 0.06%. What\u2019s your strategy?","rel":"","context":"In \"Big Tobacco 2.0\"","block_context":{"text":"Big Tobacco 2.0","link":"https:\/\/climatescience.press\/?tag=big-tobacco-2-0"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/09\/AQNa2jaLunUspz4plPCTCV_dbvsjyUiiJT-143Bp5CvER8FrjkJ7ZDFzpGguGKgQP4tbsh45bVbmI-kAXeSkBI4KhChr3kUF7YVoxKf0Pzw4dWZjiTCYFIx6SRJOH4KZ3wnsxtyhlMPHsoJpLHnfTKxcUTarTA.jpeg?fit=1200%2C1200&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/09\/AQNa2jaLunUspz4plPCTCV_dbvsjyUiiJT-143Bp5CvER8FrjkJ7ZDFzpGguGKgQP4tbsh45bVbmI-kAXeSkBI4KhChr3kUF7YVoxKf0Pzw4dWZjiTCYFIx6SRJOH4KZ3wnsxtyhlMPHsoJpLHnfTKxcUTarTA.jpeg?fit=1200%2C1200&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/09\/AQNa2jaLunUspz4plPCTCV_dbvsjyUiiJT-143Bp5CvER8FrjkJ7ZDFzpGguGKgQP4tbsh45bVbmI-kAXeSkBI4KhChr3kUF7YVoxKf0Pzw4dWZjiTCYFIx6SRJOH4KZ3wnsxtyhlMPHsoJpLHnfTKxcUTarTA.jpeg?fit=1200%2C1200&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/09\/AQNa2jaLunUspz4plPCTCV_dbvsjyUiiJT-143Bp5CvER8FrjkJ7ZDFzpGguGKgQP4tbsh45bVbmI-kAXeSkBI4KhChr3kUF7YVoxKf0Pzw4dWZjiTCYFIx6SRJOH4KZ3wnsxtyhlMPHsoJpLHnfTKxcUTarTA.jpeg?fit=1200%2C1200&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/09\/AQNa2jaLunUspz4plPCTCV_dbvsjyUiiJT-143Bp5CvER8FrjkJ7ZDFzpGguGKgQP4tbsh45bVbmI-kAXeSkBI4KhChr3kUF7YVoxKf0Pzw4dWZjiTCYFIx6SRJOH4KZ3wnsxtyhlMPHsoJpLHnfTKxcUTarTA.jpeg?fit=1200%2C1200&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":419257,"url":"https:\/\/climatescience.press\/?p=419257","url_meta":{"origin":328566,"position":1},"title":"Climate activists v. the U.S. energy industry: Cases to watch in 2026","author":"uwe.roland.gross","date":"12\/31\/2025","format":false,"excerpt":"Anti-oil and gas advocates across the country have pursued litigation in recent years attempting to force the fossil fuel industry to pay for decades of financial damages the advocates claim were caused by climate change.","rel":"","context":"In \"\u201cwoke lawfare\u201d\"","block_context":{"text":"\u201cwoke lawfare\u201d","link":"https:\/\/climatescience.press\/?tag=woke-lawfare"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/12\/AQMEEFUnPf8HA0ymfhJf8CdrreRio04ZlHgEJ-agr4JsFSgS-Bq5VFJNWkIa2bocCBvnzRP4-3XNefuEn-ydJbLlNaSuZLx8z2G8S0qWKoe8APXcAgYHIpWfFjuZxBVDvuiysvduRVNcwc-ZTwL2OuXy2wkG.jpeg?fit=1200%2C1200&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/12\/AQMEEFUnPf8HA0ymfhJf8CdrreRio04ZlHgEJ-agr4JsFSgS-Bq5VFJNWkIa2bocCBvnzRP4-3XNefuEn-ydJbLlNaSuZLx8z2G8S0qWKoe8APXcAgYHIpWfFjuZxBVDvuiysvduRVNcwc-ZTwL2OuXy2wkG.jpeg?fit=1200%2C1200&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/12\/AQMEEFUnPf8HA0ymfhJf8CdrreRio04ZlHgEJ-agr4JsFSgS-Bq5VFJNWkIa2bocCBvnzRP4-3XNefuEn-ydJbLlNaSuZLx8z2G8S0qWKoe8APXcAgYHIpWfFjuZxBVDvuiysvduRVNcwc-ZTwL2OuXy2wkG.jpeg?fit=1200%2C1200&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/12\/AQMEEFUnPf8HA0ymfhJf8CdrreRio04ZlHgEJ-agr4JsFSgS-Bq5VFJNWkIa2bocCBvnzRP4-3XNefuEn-ydJbLlNaSuZLx8z2G8S0qWKoe8APXcAgYHIpWfFjuZxBVDvuiysvduRVNcwc-ZTwL2OuXy2wkG.jpeg?fit=1200%2C1200&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/12\/AQMEEFUnPf8HA0ymfhJf8CdrreRio04ZlHgEJ-agr4JsFSgS-Bq5VFJNWkIa2bocCBvnzRP4-3XNefuEn-ydJbLlNaSuZLx8z2G8S0qWKoe8APXcAgYHIpWfFjuZxBVDvuiysvduRVNcwc-ZTwL2OuXy2wkG.jpeg?fit=1200%2C1200&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":432871,"url":"https:\/\/climatescience.press\/?p=432871","url_meta":{"origin":328566,"position":2},"title":"SCOTUS to Hear Colorado Climate Case, What\u2019s at\u00a0Stake","author":"uwe.roland.gross","date":"03\/21\/2026","format":false,"excerpt":"On February 23, 2026, the U.S. Supreme Court agreed to hear arguments in the City and County of Boulder\u2019s climate lawsuit against two major energy companies. This offers the first real opportunity to rein in the nationally-coordinated climate litigation campaign that has sought to force policy outcomes through the courts\u2026","rel":"","context":"In \"Carbon Tax\"","block_context":{"text":"Carbon Tax","link":"https:\/\/climatescience.press\/?tag=carbon-tax"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/03\/0-A-Turning-Point-for-Litigation-Campaig-SCOTUS-Takes-Up-Boulder-Climate-Lawsuit.jpg?fit=784%2C1168&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/03\/0-A-Turning-Point-for-Litigation-Campaig-SCOTUS-Takes-Up-Boulder-Climate-Lawsuit.jpg?fit=784%2C1168&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/03\/0-A-Turning-Point-for-Litigation-Campaig-SCOTUS-Takes-Up-Boulder-Climate-Lawsuit.jpg?fit=784%2C1168&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/03\/0-A-Turning-Point-for-Litigation-Campaig-SCOTUS-Takes-Up-Boulder-Climate-Lawsuit.jpg?fit=784%2C1168&ssl=1&resize=700%2C400 2x"},"classes":[]},{"id":420433,"url":"https:\/\/climatescience.press\/?p=420433","url_meta":{"origin":328566,"position":3},"title":"Why the Boulder climate case is so dangerous and SCOTUS must step in","author":"uwe.roland.gross","date":"01\/08\/2026","format":false,"excerpt":"The phrase \"Fossil Fuels Are Not Going Away: Why the Boulder Climate Case Is So Dangerous and SCOTUS Must Step In\" is the title of a January 2026 article published on RealClearEnergy. 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China can produce all the solar panels and raw materials for wind turbines and EV batteries it wishes,\u2026","rel":"","context":"In \"\u201cClimate Superfund\u201d laws\"","block_context":{"text":"\u201cClimate Superfund\u201d laws","link":"https:\/\/climatescience.press\/?tag=climate-superfund-laws"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/04\/0Lawsuit-gavel-dollars-chained.jpg?fit=1200%2C800&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/04\/0Lawsuit-gavel-dollars-chained.jpg?fit=1200%2C800&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/04\/0Lawsuit-gavel-dollars-chained.jpg?fit=1200%2C800&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/04\/0Lawsuit-gavel-dollars-chained.jpg?fit=1200%2C800&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2026\/04\/0Lawsuit-gavel-dollars-chained.jpg?fit=1200%2C800&ssl=1&resize=1050%2C600 3x"},"classes":[]}],"_links":{"self":[{"href":"https:\/\/climatescience.press\/index.php?rest_route=\/wp\/v2\/posts\/328566","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/climatescience.press\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/climatescience.press\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/climatescience.press\/index.php?rest_route=\/wp\/v2\/users\/121246920"}],"replies":[{"embeddable":true,"href":"https:\/\/climatescience.press\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=328566"}],"version-history":[{"count":4,"href":"https:\/\/climatescience.press\/index.php?rest_route=\/wp\/v2\/posts\/328566\/revisions"}],"predecessor-version":[{"id":328571,"href":"https:\/\/climatescience.press\/index.php?rest_route=\/wp\/v2\/posts\/328566\/revisions\/328571"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/climatescience.press\/index.php?rest_route=\/wp\/v2\/media\/328569"}],"wp:attachment":[{"href":"https:\/\/climatescience.press\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=328566"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/climatescience.press\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=328566"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/climatescience.press\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=328566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}