Things are just not going well for the leftwing activist groups, billionaire-funded NGOs and trial lawyer firms who have recruited a growing number of state and local government entities to sue U.S. oil and gas companies involving specious claims for damages caused by climate change. In recent months, the lawfare campaign, coordinated mainly from the offices of one San Francisco-based firm, has suffered a series of adverse judicial decisions in what appears to be a rising consensus in the nation’s courts.
Just two weeks after suffering a major setback in a decision involving Anne Arundel County, Maryland, the pushers and funders of this lawfare campaign were tossed out in a case targeting ExxonMobil, Chevron and additional defendants in New Jersey. There, Superior Court Judge Douglas H. Hurd dismissed the Garden State’s lawsuit with prejudice based on the same federal primacy arguments which prevailed in recent decisions in New York City and Baltimore, as well as in the Anne Arundel case.
In seeking damages, New Jersey adopted similar tactics adopted in the other cases that make up this lawfare campaign, claiming they’ve been harmed by “climate change” impacts allegedly caused by the emissions by oil companies, but attempting to couch the damages as violations of state laws unrelated to air pollution. But Hurd was having none of it.
“Despite the artful pleading by the Plaintiffs in this case,” the judge says in his decision, “this court finds that Plaintiffs’ complaint, even under the most indulgent reading, is entirely about addressing the injuries of global climate change and seeking damages for such alleged injuries.”
The problem for the states, cities and counties who have signed up for this lawfare campaign in the hopes of grabbing some big bucks from Big Oil is that their arguments inevitably amount to a local effort to de facto regulate air quality, an area of regulation in which the federal government has always asserted its primacy. There’s a very good reason for this: If every city, county and state in America were allowed to regulate air quality, the economy would soon grind to a halt as it becomes impossible to do business in this country.
Like the judges in the other cases decided thus far, Hurd conceded to that reality in dismissing the New Jersey case, saying, “As Defendants state in their moving brief, ‘the federal system does not permit a State to apply its laws to claims seeking redress for injuries allegedly caused by interstate or worldwide emissions,’” adding, “In conclusion, only federal law can govern Plaintiffs’ interstate and international emissions claims because ‘the basic scheme of the Constitution so demands.’”
The decision in the New Jersey case no doubt comes as a real disappointment for the billionaire-funded foundations and NGOs who spent years pushing for the state attorney general’s office to bring a case. In 2023, Energy Policy Advocates obtained emails detailing tactics employed by the Rockefeller-funded Center for Climate Integrity (CCI) to convince various cities and counties in the state to sign onto the lawfare campaign.
Those emails revealed close coordination between CCI and New Jersey officials, even to the extent of CCI funding an “Accountability University” to educate lawfare participants about the best tactics and talking points to deploy in their big money grab efforts.
CCI even offered to “ghost write” opinion pieces for public officials and “serve as an extra set of hands,” adding, “…there are absolutely no legal obligations. Since we are a 501 c3, there is no pledge or legal sign on’ required. Rather, we view ourselves as an extra set of hands to help public officials…”
So, what’s the point of all this, you might ask? Well, the point is that when you see one of these lawsuits brought by a city, county or state government, just know that none of this is happening organically. Also know that this big money grab costs these companies millions to defend themselves, and we all end up paying for it at the gas pump and in our home utility bills. Maybe it’s time we all demand these billionaires and trial lawyers find more productive ways to spend their time and money.
David Blackmon is a contributor to The Daily Caller News Foundation, an energy writer, and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.
President Trump’s historic victory in the November election gave him a clear mandate from the American people. And so far, he hasn’t wasted any time getting to work. In his first month back in office, Trump signed 45 Executive Orders (EO) in an effort to put America first and undo much of the damage created by the Biden administration. And that’s especially true with his executive actions to unleash American energy.
Ending the Net Zero Climate Cult Fantasy
For four years under President Biden, the American people were forced to endure an administration that was hellbent on pursuing a net zero agenda. Across the country, they pushed these radical and costly climate action plans to fundamentally transform and restrict the energy options available to consumers. Along with this came calls from the Left to ban gas stoves, gas cars, gas-powered lawn equipment, and hundreds of other draconian ideas to limit the freedom of the American people.
If the high cost of these plans wasn’t enough, they have also proven to be unreliable. States and countries that have committed to energy sources like solar and wind as part of this net zero fantasy have experienced rolling blackouts, continually demand that their customers use less, and eventually have to make haste to open reliable sources of generation they had closed down. Isn’t that right, California?
But Trump’s Executive Order 14154 unleashes fossil fuel production and use in America while unwinding much of the damage caused by the Biden administration…
During his campaign and since taking office, President Donald Trump often repeated his desire to bring back the same “drill, baby, drill” oil and gas agenda that characterized his first term in office.
But that term began 8 long years ago and much has changed in the domestic oil business since then. Current market realities are likely to mitigate the industry’s response to Trump’s easing of the Biden administration’s efforts to restrict its activities.
Trump’s second term begins as the upstream segment of the industry has enjoyed three years of strong profitability and overall production growth by employing a strategy of capital discipline, technology deployment and the capture of economies of scale in the nation’s big shale play areas. Companies like, say, ExxonMobil and Oxy and their peers are unlikely to respond to the easing of government regulations by discarding these strategies that have brought such financial success in favor of moving into a new drilling boom.
This bias in favor of maintenance of the status quo is especially likely given that the big shale plays in the Permian Basin, Eagle Ford Shale, Bakken Shale, Haynesville and the Marcellus/Utica region have all advanced into the long-term development phases of the natural life cycle typical of every oil and gas resource play over the past 175 years. Absent the discovery of major new shale or other types of oil-or-natural gas-bearing formations, a new drilling boom seems quite unlikely under any circumstances.
One market factor that could result in a somewhat higher active rig count would be a sudden rise in crude oil prices, if it appears likely to last for a long period of time. Companies like Exxon, Chevron, Oxy and Diamondback Energy certainly have the capability to quickly activate a significant number of additional rigs to take advantage of long-term higher prices.
But crude prices are set on a global market, and that market has appeared over-supplied in recent months with little reason to believe the supply/demand equation will change significantly in the near future. Indeed, the OPEC+ cartel has been forced to postpone planned production increases several times over the past 12 months as an over-supplied market has caused prices to hover well below the group’s target price.
But it is wrong to think the domestic oil industry will not respond in any way to Trump’s efforts to remove Biden’s artificial roadblocks to energy progress. Trump’s efforts to speed up permitting for energy projects of all kinds are likely to result in a significant build-out of much-needed new natural gas pipeline capacity, natural gas power generation plants and new LNG export terminals and supporting infrastructure.
Instead of another four years of “drill, baby, drill,” the Trump efforts to speed energy development seem certain to result in four years of a “build, baby, build” boom.
Indeed, the industry is already responding in a big way in the LNG export sector of the business. During Trump’s first week in office, LNG exporter Venture Global launched what is the largest energy IPO by value in U.S. history, going public with a total market cap of $65 billion.
With five separate export projects currently in various stages of development, all in South Louisiana, Venture Global plans to become a major player in one of America’s major growth industries in the coming years. Trump’s Day 1 reversal of Biden’s senseless permitting pause on LNG infrastructure is likely to kick off a number of additional LNG projects by other operators.
The Trump effect took hold even before he took office when the Alaska Gasline Development Corporation entered into an exclusive agreement in early January with developer Glenfarne to advance the $44 billion Alaska LNG project. The aim is to start to deliver gas in 2031, with LNG exports following shortly thereafter.
America’s oil and gas industry has demonstrated it can consistently grow overall production to new records even with a falling rig count in recent years. Now it must grow its related infrastructure to account for the rising production.
That’s why Trump’s “drill, baby, drill” mantra is likely to transform into “build, baby, build” in the months and years to come.
David Blackmon is a contributor to The Daily Caller News Foundation, an energy writer, and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.
The 2025 Free Enterprise Report from the Common Sense Institute Arizona (CSI) was released Monday and ranked the state of Arizona amongst the states in education as well as the new indexes of economic performance and economic momentum.
According to Katie Ratlief, Executive Director of CSI Arizona, “Arizona continues to lead the way in key areas like tax policy, state budgeting, and educational choice, proving the impact of data-driven, common-sense policies.”
“However,” she added, “challenges in housing, public safety, and homelessness are beginning to slow our momentum. While Arizona remains a top destination for growth, addressing critical issues like crime and the housing crisis will be essential to sustaining our competitiveness. Fortunately, the policies that fueled much of Arizona’s success are still in place, and with a renewed focus on data-driven solutions to address issues like crime and housing, Arizona can solidify its position as one of the most competitive states in the nation for years to come.”
The report details Arizona’s positioning in the emerging recovery of 2025, particularly highlighting the success of the state and its persistent momentum. In an overall measure, the state ranked 27th in “free enterprise competitiveness,” with CSI emphasizing advances in taxes, state budgeting, energy and education, but noting the heavy limitations imposed by housing shortages and rising costs.
In education, Arizona ranked second in the nation in share of students enrolled in school choice options, seemingly ratifying the state’s first-in-the-nation universal Empowerment Savings Account (ESA) program which now provides financial support to over 83,000 families.
Arizona is leading the charge in school choice. Arizona ranks 2nd in school choice enrollment and 1st in education spending efficiency, according to CSI's 2025 Free Enterprise Report. While there's still room to improve graduation rates and test scores, the future of education in… pic.twitter.com/JNK1pbEOwC
— Common Sense Institute Arizona (@CSInstituteAZ) January 13, 2025
The report noted, “Arizona today has the most open K-12 educational market in the country, and hosts a diverse network of District, Charter, and private school options. Since the pandemic, its home- and microschool space has expanded rapidly. Today, about a third of Arizona’s K-12 students are not enrolled in the traditional District school system.”
The report also highlighted Arizona’s Energy situation, noting in a post to X, “Arizona remains a top 20 state for energy competitiveness, boasting one of the most reliable electricity grids in the nation.”
Arizona remains a top 20 state for energy competitiveness, boasting one of the most reliable electricity grids in the nation. Learn more about the state's energy competitiveness in CSI's 2025 Free Enterprise Report.
— Common Sense Institute Arizona (@CSInstituteAZ) January 14, 2025
CSI explains, “Thanks to maintaining the nation’s largest nuclear power plant and the moderate and deliberate pace of adoption of wind and solar energy sources (supplemented by robust investment in natural gas), the state’s electrical grid remains reliable and affordable.”
Finally, Arizona’s advantageous tax system was highlighted with the 2.5% flat income tax and property tax instant depreciation of business investments cited in particular for contributing to an extremely competitive tax and regulatory system. Arizona ranked 7th in the nation on the Taxes & Fees Competitiveness Index.
The report observed, “Arizona has significantly reduced its tax burden in recent years, most notably by adopting a 2.5% flat personal income tax rate. This reform cut the top marginal tax rate from 4.5% to 2.5%, simplifying the tax code and making Arizona one of the most competitive states for income taxation.”
Looking to the future, CSI pointed to the steps Arizona legislators have taken to insulate the state against capricious tax hikes, explaining “this tax structure is well protected. Rules requiring supermajorities for statewide tax increases by the State Legislature were extended in 2022 to initiatives and referendums that would have voters approve the tax increases.” The report continues, “Arizona’s competitive ranking for its tax structure is not only unlikely to get worse but may improve (even if further reform is more incremental) due simply to the relative erosion of the position of other states that lack these structural protections.”
The nation may see the benefits of hydropower expansion in Arizona, depending on President Joe Biden’s approval of an Arizona congressman’s bill.
That bill, HR 1607 from Congressman David Schweikert, transfers National Forest System land near the Salt River in Arizona to the Bureau of Reclamation for the purpose of additional hydropower generation within the Salt River Federal Reclamation Project.
In remarks before the House last year, Schweikert explained that pumped storage hydroelectricity supplements energy resources in the state.
“It’s environmentally sound, it actually allows us to take care of something that is somewhat unique for us in the desert southwest, and that is the solar power we produce,” said Schweikert.
Pumped storage hydroelectricity pumps water from a lower reservoir to an upper reservoir during low energy demand. During high energy demand, the upper reservoir releases downhill into the lower reservoir through hydropower turbines to generate around 10-12 hours of reliable energy.
In a press release, Schweikert said the legislation proved Arizona’s standing as a state leading on energy production and efficiency.
“Once again, Arizona has proven to lead the charge to deliver innovation and make life more efficient for Arizonans at a time when our state’s economy and population continue to explode,” said Schweikert. “The near unanimous support for this legislation proves that America is ready to embrace long-term energy storage technologies to expand the supply of affordable and reliable energy for our communities.”
Schweikert thanked his Democratic colleague, Congressman Greg Stanton, for his assistance in getting the bill passed with bipartisan support.
“I’m incredibly thankful for my friend and colleague, Rep. Stanton, who’s been crucial to this process of embracing innovation, and I’m looking forward to seeing this technology benefit Arizona,” said Schweikert in the press release.
Stanton contributed a statement to Schweikert’s press release, adding that the pumped storage hydroelectric expansion couldn’t come at a better time.
“Not only do pumped storage projects provide greater flexibility and improve reliability in our energy grid, but they also cut utility costs for Arizona families and businesses,” said Stanton. “This critical legislation passed the House with an overwhelming majority last year, and today it’s on its way to becoming law.”
It was a bipartisan coalition of elected leaders that ensured the passage of Schweikert’s bill. Both the House Natural Resources Committee and the Senate Committee on Energy and Natural Resources passed the legislation unanimously.
Schweikert introduced the bill last March. The House passed the bill last November, where it awaited Senate review for over a year. The Senate approved the bill on Tuesday. Arizona Senators Mark Kelly (D) and Kyrsten Sinema (I) introduced companion legislation in March, SB 739, which has advanced to Biden’s desk.
Kelly said in the press release that the expansion would not only strengthen the state’s energy grid but result in lower energy costs for Arizonans.
“Expanding pumped-storage hydropower in Arizona will strengthen our energy grid and lower energy costs for families,” said Kelly. “This is about using technology to make our energy more reliable and affordable.”
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