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FIRST ON FOX: Sen. Ted Cruz, R-Texas, is probing the Washington, D.C.-based Environmental Law Institute (ELI) over its efforts to supply first-of-its-kind, climate-related training to federal judges nationwide.
Cruz on Friday despatched a letter to ELI President Jordan Diamond, demanding details about the group’s Climate Judiciary Project (CJP) and its work with former senior Biden administration official Ann Carlson. In the letter, he famous Carlson’s involvement within the improvement of the CJP and that the group shares funding streams with a regulation agency pursuing high-profile climate litigation on behalf of states and cities nationwide.
“Although ELI claims that it gives ‘neutral, objective information to the judiciary about the science of climate change,’ [CJP] is meant to be a direct complement to the wave of climate change litigation initiated by the Carlson-connected law firm Sher Edling,” wrote Cruz, who serves as rating member of the Senate Commerce Committee. “Indeed, ELI knows the impact this litigation could have on the fossil fuel industry.”
“The Project’s funding and ties to plaintiffs in climate change cases further belie ELI’s claim of neutrality,” he continued.
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While Carlson — who served within the Biden administration between early 2021 and January, crafting rules concentrating on gas-powered automobiles on the National Highway Traffic Safety Administration — served on the group’s board of advisers, ELI established the CJP in 2018 to offer “neutral, objective information” about climate change litigation and making a curriculum particularly designed for federal judges, in response to their web site.
Overall, because it was based greater than 5 years in the past, the venture has crafted 13 curriculum modules and hosted 42 occasions, whereas greater than 1,700 judges have participated in its actions, Fox News Digital beforehand reported. And a number of judges function advisers at CJP, doubtlessly having an affect on its curriculum and modules.
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For instance, Ronald Robie, an affiliate justice for the Third District of the California Courts of Appeal; Judge Michael Simon of the U.S. District Court for the District of Oregon; and David Tatel, the not too long ago retired former senior decide on the U.S. Court of Appeals for the District of Columbia Circuit, have all acted as advisers for the venture.
A evaluate of an ELI coverage transient summarizing previous occasions signifies CJP has reached judges from throughout the first, 2nd, third, 4th and fifth federal circuits, a few of that are primarily based in New York City, Boston and Puerto Rico. The group additional boasts that it hosted a plenary session with roughly 100 judges in attendance on the annual mid-winter assembly of the Ninth Federal Circuit in 2019.
“More specifically, ELI states that ‘climate change litigation’ can ‘control, order, or influence the behavior of others in relation to climate governance,’” Cruz’s letter acknowledged. “Therefore, the ‘highest goal’ of ELI’s Project is ‘to help the judiciary as [it] build[s] a body of law that appropriately addresses climate change’ through climate change litigation. In other words, ELI intends to accomplish via the courts what it cannot get enacted into law: a radical environmental agenda.”
“While ELI claims the Project is ‘neutral’ and ‘objective,’ the Curriculum reads like a playbook for judges to find in favor of plaintiffs in artificial climate change cases against traditional energy companies,” Cruz continued.
The Texas Republican additional famous CJP programs “show how climate science is built on long-established scientific disciplines” and “explore the human-caused component of [global] warming,” such because the “causal connections between emissions” and “changes in the climate.”
He additionally highlighted how CJP and Sher Edling — the California-based regulation agency pursuing climate litigation towards main oil firms on behalf of states and cities together with Rhode Island, New Jersey, Delaware, Minnesota, New York City, San Francisco, Baltimore, Chicago and Washington, D.C. — have shared among the identical employees.
While serving on ELI’s board of administrators, Carlson additionally offered professional bono consulting for Sher Edling on litigation towards oil firms, monetary disclosures confirmed. Sher Edling counsel Michael Burger has additionally participated in a number of ELI occasions, and former Sher Edling lawyer Meredith Wilensky was beforehand an ELI Public Interest Law Fellow.
And Sher Edling has obtained funding from left-wing teams just like the MacArthur Foundation and the William and Flora Hewlett Foundation, which have each funded ELI.
In a press release to Fox News Digital, the ELI stated it’s reviewing Cruz’s letter, however reiterated that the group is nonpartisan and solely seeks to supply “unbiased, objective information” to judges.
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“The Environmental Law Institute is an internationally recognized non-partisan research, publishing, and education organization that has been operating for over 50 years,” ELI spokesperson Nick Collins advised Fox News Digital in a press release.
“The Climate Judiciary Project provides unbiased, objective information to judges about climate science and the law,” Collins stated. “We are currently reviewing Senator Cruz’s letter and will determine the appropriate response.”
Fox News Digital has reached out to Carlson and Sher Edling for touch upon Cruz’s letter.
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