The House Judiciary Committee has initiated an investigation into the Climate Judiciary Project (CJP), a part of the Environmental Law Institute (ELI), over allegations that it seeks to influence judges in climate-related cases. The committee expressed concerns that CJP’s educational programs for judges might be aimed at biasing them in favor of plaintiffs in lawsuits against fossil fuel companies.
In a letter dated August 29, addressed to ELI President Jordan Diamond, the committee noted that “CJP’s efforts appear to have the underlying goal of predisposing federal and state judges in favor of plaintiffs alleging injuries from the manufacturing, marketing, or sale of fossil-fuel products.” The committee’s concerns were fueled by reports that some judges involved in significant climate cases had associations with ELI. For instance, Hawaii Supreme Court Chief Justice Mark Recktenwald was involved in Honolulu’s lawsuit against oil companies while having previously engaged with ELI activities.
Similarly, U.S. District Court Judge Ann Aiken participated in an ELI event before overseeing a case where youths claimed the federal government violated their rights by promoting fossil fuel use. This case concluded when the Supreme Court declined to revive it earlier this year.
CJP also ran an online forum for communication between its leaders and judges from September 2022 until May 2024, but Fox News reported that the public link has since been removed.
In response to these allegations, ELI said 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 through established judicial education programs and does not engage in litigation or advise judges on rulings.
The committee’s letter raised additional questions about potential coordination between ELI or CJP and third parties interested in favorable judgments against defendants in climate cases. It criticized the lack of transparency regarding participating judges’ identities and funding sources for CJP events. The committee is seeking documents related to external funding, expenses for participating judges, training materials since 2019, and lists of presenters and invited judges.
Republican Texas Senator Ted Cruz described 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 and national security by increasing energy prices and making America more dependent on foreign oil producers.
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