Climate justice group has deep ties to judges, experts involved in litigation amid claims of impartiality
FIRST ON FOX: A controversial judicial advocacy organization funded by left-wing nonprofits continues to work with judges and experts involved in climate change litigation despite publicly downplaying the extent of those connections.
"CJP doesn’t participate in litigation, support or coordinate with any parties in litigation, or advise judges on how they should rule in any case," the Environmental Law Institute Climate Judiciary Project President Jordan Diamond wrote in a recent letter to The Wall Street Journal in response to criticism of the project.
The Washington, D.C.-based Environmental Law Institute (ELI) created the Climate Judiciary Project (CJP) in 2018, establishing a first-of-its-kind resource to provide "reliable, up-to-date information" about climate change litigation, according to the group. The project's reach has extended to various state and federal courts, including powerful appellate courts, and comes as various cities and states pursue high-profile litigation against the oil industry.
A Fox News Digital review shows that several CJP expert lawyers and judges have close ties to the curriculum and are deeply involved in climate litigation.
Princeton University professor Michael Oppenheimer contributed to the CJP curriculum and presented "Evidence of Change: Judging Climate Litigation" with CJP’s Sandra Nichols Thiam at the 2022 Ninth Circuit Judicial Conference July 20, 2022.
Oppenheimer has a long history of filing climate-related amicus briefs from 2019-2022 in litigation across several states.
Robin Kundis Craig, a professor at the University of Utah's Law School, wrote a module for CJP in 2022 and has also filed several amicus briefs showing she is active in court cases.
One example occurred in 2023, when Craig is listed on an order granting legal scholars' request to file amicus, which was signed by Justice Mark Recktenwald, who, Fox News Digital previously reported, quietly disclosed last year that he presented for an April course in collaboration with the Environmental Law Institute Climate Judiciary Project.
Recktenwald co-presented at a December 2022 National Judicial College webinar sponsored by CJP, "Hurricanes in a Changing Climate and Related Litigation." In 2023, he co-presented with Professor Robert DeConto at a National Judicial College seminar, "Rising Seas and Litigation: What Judges Need to Know about Warming-Driven Sea-Level Rise."
In October 2023, Recktenwald’s Hawaii Supreme Court denied an appeal from oil companies to toss a Honolulu climate misinformation suit.
Craig also filed an amicus in Hawaii state court in July 2022, where an order was signed by Judge Jeffrey Crabtree allowing the brief to be filed. Crabtree is a member of the National Judicial College Curriculum Development Committee, which creates curricula for "Environmental Law Essential for the Judiciary."
"Don’t underestimate the importance of the role of state court judges in environmental law," the curriculum's website states.
Ann Carlson, who joined the Biden administration in 2021, served on ELI's board of directors for years while also "providing pro bono consulting" for Sher Edling, an eco law firm representing a number of jurisdictions, on litigation against oil companies, financial disclosures showed. Sher Edling counsel Michael Burger has also participated in multiple ELI events, and former Sher Edling lawyer Meredith Wilensky was previously an ELI Public Interest Law Fellow.
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Burger is the executive director of the Sabin Center for Climate Change Law and an ELI presenter who has filed amicus briefs in support of plaintiffs in climate cases across the United States.
UCLA’s Emmett Institute on Climate Change and the Environment hosted a talk in October 2017 with Sher Edling’s Vic Sher, "Suing Over Climate Change Damages: The First Wave of Climate Lawsuits." Ann Carlson was the moderator for that discussion.
John Dernbach, listed as an expert on CJP’s website, filed an amicus brief in 2019 as part of a brief of legal scholars in support of plaintiffs in City of Oakland v BP.
"Judges attending Climate Judiciary Project events are advised that they are walking into a left-wing lobbying shop," American Energy Institute President Jason Isaac told Fox News Digital. "Under the guise of ‘judicial education,’ CJP uses activist academics to give a pro-plaintiff sneak peek at climate change lawsuits. This kind of politicking underlines that the climate change lawsuits themselves are a left-wing attack on our quality of life.
"The Supreme Court will have an opportunity early next year to hear a case asking whether blue states and far-left mayors like Brandon Johnson can sue energy providers for climate change. Let us hope the court takes the case and ends Green New Deal lawfare."
Fox News Digital previously reported that since it was founded more than five years ago, the project has crafted 13 curriculum modules and hosted 42 events, and more than 1,700 judges have participated in its activities. And multiple judges serve as advisers at CJP, potentially having an impact on its curriculum and modules.
"So-called ‘climate change lawsuits,' lawsuits claiming that private companies should be monetarily liable for damage to public infrastructure allegedly caused by climate change, have exploded in the past five years," GOP Sen. Ted Cruz wrote in a letter to Environmental Law Institute earlier this year.
"In tandem with this unprecedented litigation, the Environmental Law Institute (ELI) launched a ‘first-of-its-kind effort’ to provide judges with ‘education on climate science, the impacts of climate change, and the ways climate science is arising in the law.’ It appears that ELI’s goal in providing this ‘education,’ however, may be to influence judges to side with plaintiffs in climate change cases."
The letter went on to label Carlson as "one of the program’s architects" and requested "information to allow the Committee to evaluate the efforts of both Ms. Carlson and ELI to influence the federal judiciary in its adjudication of climate litigation."
Cruz alleged that "ELI intends to accomplish via the courts what it cannot get enacted into law: a radical environmental agenda."
"To help judges reach those ‘appropriate’ decisions, the Project developed the ‘Climate Science and Law for Judges Curriculum’ (the Curriculum). While ELI claims the Project is ‘neutral' and ‘objective,’ the Curriculum reads like a playbook for judges to find in favor of plaintiffs in artificial climate change cases against traditional energy companies: it includes courses that ‘show how climate science is built on long-established scientific disciplines' and 'explore the human-caused component of [global] warming,’ such as the ‘causal connections between emissions’ and ‘changes in the climate.’"
An American Energy Institute report earlier this year alleges CJP "hides its partnership with the plaintiffs because they know these ties create judicial ethics problems."
AEI says Sandra Nichols Thiam, an ELI vice president and director of judicial education, acknowledged as much in a 2023 press statement, saying, "If we even appeared biased or if there was a whiff of bias, we wouldn’t be able to do what we’re doing."
"Taken together, it appears CJP made the thinnest possible disclosures to create the appearance of rectitude," AEI states. "But their admissions confirm that CJP exists to facilitate informal, ex parte contacts between judges and climate activists under the guise of judicial education. And secrecy remains essential to their operation, whose goal, as Thiam has said, is to develop ‘a body of law that supports climate action.'"
AEI, a group self-described as "dedicated to promoting policies that ensure America’s energy security and economic prosperity," says CJP’s work is "an attack on the rule of law."
"In America, the powerful aren’t allowed to coax and manipulate judges before their cases are heard," the report states.
In a statement to Fox News Digital, an ELI spokesperson said, "CJP doesn’t participate in litigation, support or coordinate with any parties in litigation, or advise judges on how they should rule in any case. Our courses provide judges with access to evidence-based information about climate science and trends in the law.
"Of course, experts in the field are welcome to provide their expertise to CJP programs while separately and independently providing that same expertise in another setting that is unrelated to the CJP program. It is routine and encouraged for judges to participate in continuing education that exposes them to expertise in a wide variety of disciplines."
Fox News Digital’s Thomas Catenacci contributed to this report