Using litigation to achieve policy ends has become a tried and true tactic in political and advocacy fights. However, in recent years, climate activists have used the courts as a weapon to attack large energy companies — essentially leveraging the legal system as a proxy to win a war of public opinion. Nowhere is this form of “lawfare” more pronounced than in the raft of climate litigation facing energy producers. //

The counties, cities, and states filing climate lawsuits are not only attempting to pin down fossil fuel producers for alleged harms but also to leverage America’s state and district courts to diminish their standing in the court of public opinion. Leveraging of the judicial system in the name of politics not only threatens the rule of law, but also jeopardizes whether oil and gas will be available when America and its allies need them. //

Energy production provides tangible benefits to all Americans. First, hydrocarbons are central to powering our economy and creating essential products. In fact, the U.S. Department of Energy notes that Americans use at least 6,000 everyday products manufactured with petrochemicals. //

Second, homegrown fossil fuels ensure America’s energy security and reduce our dependence on less reliable and often untrustworthy foreign countries and companies along with their dirtier product and insecure supply chains. Third, and importantly, energy producers are often the ones paving the way for low- and zero-carbon energy solutions through innovating next-generation technology. Climate lawsuits undermine all these goals. //

The ironies here show the goal of these lawsuits is bringing litigation to change behavior, not to uphold the rule of law. In reality, plaintiffs do not have to win in court to succeed. By casting energy producers as villains, they advance the dubious narrative that the companies producing the energy the American economy requires are blocking a low-carbon future. As one journalist explained, climate lawsuits are useful tools for special interests because of the “effect the suits could have even before they’re decided in court.” Such suits do not have to prove any actual wrongdoing or legal violations, as long as the “lawfare” they wage degrades the reputation of energy producers.