SW Kansas News

The House Judiciary Committee has initiated an investigation into the Climate Judiciary Project (CJP), a part of the Environmental Law Institute (ELI), for allegedly attempting to influence judges in climate-related cases. The committee's inquiry, announced on Friday, questions whether CJP's educational efforts aim to sway federal and state judges towards plaintiffs in lawsuits against fossil fuel companies.

According to a letter from the committee dated August 29, addressed to ELI President Jordan Diamond, there are concerns that CJP's activities may predispose judges in favor of plaintiffs alleging harm from fossil-fuel products. Public records show that some judges involved in significant climate cases have connections with ELI. For instance, Hawaii Supreme Court Chief Justice Mark Recktenwald was involved in Honolulu’s lawsuit against oil companies after previously engaging with ELI through teaching and presentations. Similarly, U.S. District Court Judge Ann Aiken participated in an ELI event while overseeing a youth-led case against the federal government concerning fossil fuels.

The committee is particularly interested in the CJP's online forum, which operated from September 2022 to May 2024 and allowed direct communication between CJP leaders and judges. This forum was recently taken offline.

In response to these allegations, ELI said that their educational programs are evidence-based and factual, aiming to inform judges about climate science without influencing legal outcomes. They emphasized that CJP does not engage in litigation or advise judges on case rulings.

However, the committee expressed concerns about potential coordination between ELI or CJP and third parties seeking favorable judgments in climate cases. It highlighted that experts at these events might not be as neutral as claimed by the organization.

The committee is requesting documentation related to external funding, expenses for participating judges, training materials since 2019, and lists of presenters and participating judges at ELI events.

Republican Texas Senator Ted Cruz described CJP's actions as "judicial capture" during a June hearing. Additionally, twenty-three Republican state attorneys general have urged EPA Administrator Lee Zeldin to halt any ongoing grants to ELI.

The judiciary committee warns that successful climate lawsuits could significantly impact U.S. energy producers by increasing energy costs for Americans and potentially affecting national security due to reliance on foreign oil producers.

Information from this article can be found here.