Opinion: The high costs of climate 'justice' through lawfare

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Opinion: The high costs of climate 'justice' through lawfare
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The anti\u002Denergy left has weaponized U.S. consumer protection laws to punish oil and gas companies, writes Michel Kelly\u002DGagnon. Read more.

across the U.S. have filed lawsuits against energy industry companies over a variety of alleged infractions relating to climate change. Defendants include usual suspects like Exxon Mobil, Chevron, and BP, but also the American Petroleum Institute, a trade association that represents oil companies.Sign up to receive the daily top stories from the Financial Post, a division of Postmedia Network Inc.

In this case, the plaintiffs’ theory seems to be that energy companies had secret knowledge about the nexus between fossil fuels and climate change that they knowingly and maliciously hid from the public. The companies, for their part, sensibly point out that they have no special monopoly on climate science — quite the contrary! Furthermore, they point out that they sell their products within the confines of extensive and ever-tightening regulations set by various levels of government.

Almost none of these cases has yet reached trial, and the one that did was — correctly, in my view — dismissed. But given the importance of the issues at stake and the political incentives involved I don’t expect the plaintiffs to quit any time soon, especially since the structure of the court system in the United States gives them a potentially decisive advantage. In particular, U.S.

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