The House Judiciary Committee has initiated an investigation into the Climate Judiciary Project (CJP), a part of the Environmental Law Institute (ELI), over concerns that it may be attempting to influence judges in climate-related cases. The committee expressed its concerns in a letter dated August 29 to ELI President Jordan Diamond, stating that CJP’s educational efforts could be aimed at biasing judges towards plaintiffs in lawsuits against fossil fuel companies.
Public records reveal that some judges involved in significant climate cases have connections with ELI. For instance, Hawaii Supreme Court Chief Justice Mark Recktenwald, who presided over Honolulu’s lawsuit against oil companies, has previously been involved with ELI events. Similarly, U.S. District Court Judge Ann Aiken participated in an ELI event while overseeing a case related to fossil fuels.
CJP operated an online forum from September 2022 to May 2024 for direct communication with judges, but this link is no longer publicly accessible. In response to the allegations, ELI said that CJP’s activities are “evidence-based and factual,” emphasizing that they do not engage in litigation or advise judges on rulings.
The committee’s letter raises questions about potential coordination between ELI or CJP and parties interested in favorable judgments in climate cases. It also notes that the identities of participating judges and funding sources remain undisclosed.
Republican Texas Senator Ted Cruz described CJP as engaging in “judicial capture” during a June hearing. Additionally, twenty-three Republican state attorneys general have urged the Environmental Protection Agency Administrator Lee Zeldin to halt any grants to ELI.
The judiciary committee warns that successful climate lawsuits could significantly impact U.S. energy producers and national security by increasing energy prices and making the country more dependent on foreign oil producers.
Information from this article can be found here.
