Chicago City Wire

The House Judiciary Committee has initiated an investigation into the Climate Judiciary Project (CJP), a program of the Environmental Law Institute (ELI). The probe focuses on allegations that CJP is attempting to influence judges in climate-related cases. According to the committee, CJP's educational efforts may aim to sway federal and state judges in favor of plaintiffs in lawsuits against fossil fuel companies.

In a letter dated August 29, addressed to ELI President Jordan Diamond, the committee expressed concerns about potential bias. Public records show that some judges involved in significant climate cases have collaborated with ELI. For instance, Hawaii Supreme Court Chief Justice Mark Recktenwald, who oversaw Honolulu's lawsuit against oil companies, has previously engaged with ELI through teaching and presentations. Similarly, U.S. District Court Judge Ann Aiken participated in an ELI event while presiding over a youth-led case against the federal government concerning fossil fuels.

CJP also managed an online forum from September 2022 to May 2024 for direct communication with judges. However, this public link was recently removed as reported by Fox News.

ELI defended its activities in a statement, asserting that "any attempt to suggest that the Climate Judiciary Project’s judicial educational activities are improper is entirely without merit." They emphasized that CJP provides factual information about climate science and legal issues without engaging in litigation or advising judges on case rulings.

The committee's letter raised questions about possible coordination between ELI or CJP and third parties interested in securing favorable judgments in climate cases. It noted that experts at these events might not be neutral despite claims otherwise.

Since 2018, over 2,000 judges have attended CJP events. However, details about participating judges and funding sources remain undisclosed. The committee seeks documents related to external funding, expenses for participating judges, training materials since 2019, and lists of presenters and participants at ELI events.

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

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

Information from this article can be found here.