House Judiciary Committee Investigates Environmental Activists
On Friday, the House Judiciary Committee initiated an investigation into a group of environmental activists accused of causing bias among judges in climate-related cases.
The Climate Justice Project (CJP), which is part of the Environmental Law Institute (ELI), aims to educate nearly 2,000 judges on climate change impacts. In a letter dated August 29 to President Eli Jordan Diamond, the committee expressed concerns that CJP’s mission appears to foster bias against defendants in cases involving fossil fuel products.
The report indicated that several judges involved in significant climate-related cases are affiliated with ELI. For instance, Hawaii Supreme Court Chief Justice Mark Recktenwald, who previously taught a course for ELI, also oversaw a case in Honolulu where damages were sought from oil companies linked to climate change issues.
U.S. District Judge Anne Aiken, who managed a case brought by young plaintiffs claiming rights violations due to fossil fuel promotion, also participated in events regarding climate activism. Earlier this year, the Supreme Court chose not to revive a nearly decade-long litigation stemming from this case.
CJP operated an online forum from September 2022 to May 2024 that allowed its leaders to interface directly with judges, but public access to this forum was recently restricted.
Neither ELI nor CJP responded to requests for comments on the situation.
The committee’s letter raised concerns about potential conflicts between ELI/CJP and their influence on judicial decisions in climate cases. It claimed that the experts involved in these initiatives are not as neutral as they profess to be, suggesting ties to organizations advocating for radical decarbonization.
Since 2018, over 2,000 judges have participated in CJP events, according to the group’s website. However, the identities of the judges involved and the funding sources have not been disclosed, leading the committee to question the integrity of the judicial process in these cases.
The committee has since requested various documents and communications concerning external funding since 2019, as well as records of costs and training materials for participating judges. They are also looking for information on ELI events and the judges involved in those sessions.
Republican Texas Senator Ted Cruz labeled CJP as “judicial capture,” voicing concerns that the courts should not serve as a platform for political agendas. In a recent letter, he urged the Environmental Protection Agency to withdraw grants to ELI.
The letter from the Judiciary Committee cautioned that if plaintiffs in climate lawsuits succeed, the repercussions could significantly raise energy costs for Americans and the U.S. military. It warned that such outcomes could harm the energy industry, leaving Americans vulnerable to foreign oil fluctuations and raising national security concerns.
