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Topic
Constitutionalism
Published on
Oct 1, 2025
Contributors
John Yoo
Photo by Nopparuj Lamaikul on Unsplash

The Supreme Court Must Freeze the Climate Extortion of Our Energy Industry

Contributors
John Yoo
John Yoo
Senior Research Fellow
John Yoo
Summary
Environmental cases could reaffirm federal authority over climate policy.

Summary
Environmental cases could reaffirm federal authority over climate policy.

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A judicial consensus is forming against climate lawfare, but the U.S. Supreme Court must still end environmental extortion of American energy. In two landmark cases, the court will soon have the opportunity to reassert the federal government’s authority over questions of national energy and environmental policy.

Environmental groups believe that energy use increases global temperatures, causes sea levels to rise and creates more destructive weather. Their campaign to curtail energy has taken many forms — including asking the Environmental Protection Agency (EPA) to block pipelines and the Interior Department to deny oil and gas leases — but it met a roadblock with the 2024 election and the Trump administration’s subsequent blizzard of executive orders lifting overregulation.  

Rather than pursue their interests in Congress or before the electorate, environmental extremists have now allied with bankrupt cities and trial lawyers to use the courts to shake down the energy industry. Blue cities and states have filed tort suits in state courts to extract money for allegedly causing weather-related costs in their jurisdictions.

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