In recent years, there has been a surge in lawsuits targeting fuel and food companies for their alleged contribution to global warming. These lawsuits, known as lawfare, aim to hold these companies accountable for their role in climate change without having to go through the traditional legislative process. Critics argue that if these lawsuits succeed, it could result in an enormous wealth transfer, with consumers ultimately paying higher prices for fuel and food to fund settlements.
Leading the legal campaign is San Francisco-based law firm Sher Edling, which represents cities, counties, and states in holding fossil fuel industry defendants accountable for their deception about the science of climate change. This law firm is being funded by a network of activist charity funds, led by Arabella Advisors, a progressive advisory firm. This funding has allowed Sher Edling to play a significant role in these lawsuits.
While most of the attention has been on energy companies, there has been a recent development in targeting food companies as well. In February, New York Attorney General Letitia James sued JBS USA Food Company for its misleading claims about its environmental impact. This move follows numerous municipal lawsuits against fossil fuel companies, similar to the state lawsuits against tobacco companies that resulted in billions of dollars in fines.
The goal of these climate lawsuits is not just to hold companies accountable but also to find one judge in one state who will allow these cases to go to trial. Once this happens, the litigants have more power as they can request documents and construct a narrative about what the industry knew about climate change.
One key factor that favors the litigants is the general acceptance by courts that global warming is occurring and caused by human activity. Oil companies have attempted to defend themselves by appealing to federal judges, arguing that the issue should be decided according to federal law rather than in local jurisdictions. However, the Supreme Court declined to hear an appeal, allowing the municipal suits to proceed.
Alongside the rise of lawfare, there has been an increasing influence of charity groups and tax-exempt donations in American politics. The New Venture Fund, managed by Arabella Advisors, has donated millions of dollars to Sher Edling attorneys. This highlights the involvement of progressive donors in funding these lawsuits and influencing policy.
If these lawsuits are successful, prices for fuel and food would increase, adding to the inflation that has already impacted many Americans. It is crucial to consider the broader implications of these lawsuits on society as a whole and the constituents of the governments that are filing them.
In response to criticism, attorneys for Sher Edling have stated that the lawsuits are not about eradicating fossil fuels or bankrupting companies, but rather compensating communities for specific corporate misconduct. However, the potential consequences of these lawsuits extend beyond individual compensation and could have far-reaching effects on the entire food and energy industries.
Overall, the rise of lawfare in targeting food and energy companies for their alleged contribution to global warming is an ongoing issue that could have significant implications for consumers and the economy. It remains to be seen how these lawsuits will play out and what impact they will have on national policy regarding essential products like food and fuel.
