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Energy

Climate Change Movement Goes To Court — Will Judges Ban Fossil Fuels?

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6 minute read

From the Daily Caller News Foundation

By STEPHEN MOORE

 

Things are not going well at all for the global warming crusaders. Despite hundreds of billions of tax dollars spent on green energy over the past decade, the world and America used more fossil fuels than ever before in history last year.

The electric vehicle movement is stalled out, solar and wind power are both still fringe forms of energy, and the green candidates got crushed in recent elections in Europe because voters are sick of the higher prices associated with green policies.

So, having struck out with consumers, businesses and at the ballot box, the greens now are moving on to the courts. The climate-change industrial complex has now joined forces with trial lawyers to advance their war on fossil fuels.

One of the more absurd lawsuits happened in Hawaii.

There, a group of 13 teenagers — honest, I’m not making this up — sued Hawaii’s government over its use of fossil fuels. Environmental law firms Our Children’s Trust and Earthjustice claim that Hawaii’s natural resources are imperiled by CO2 emissions. Even if that were true, shouldn’t they be suing China?

The settlement will require the state to eliminate fossil fuels from its transportation system by 2045, and also formally recognizes the right to file future lawsuits against other parties.

Democratic Gov. Josh Green even stood next to the young plaintiffs as he read a statement claiming, “This settlement informs how we as a state can best move forward to achieve life-sustaining goals.”

There is so much that is wrong about this decision. How did a bunch of teenagers possibly have standing to sue? What possible harm have they suffered from fossil fuels?

The irony is that this island paradise in the Pacific — whose primary industry is tourism — is going to collapse without fossil fuels. With no jets and cruise ships allowed, will tourists and business travelers have to arrive by sailboat?

But this new technique of using lawsuits to advance the anti-fossil fuels movement has spread to other states. Last August, a judge ruled that GOP-dominated Montana violated its constitution when it approved fossil fuel projects without taking climate change into account.

After recent flooding in Vermont, green activists sued the state for not abolishing fossil fuels.

Massachusetts is suing Exxon Mobil for adverse weather conditions.

There are now 32 cases filed by state attorneys general, cities, counties and tribal nations against companies including Exxon Mobil, BP and Shell. The lawsuits claim that the industry tried to undermine scientific consensus about the crisis.

Here’s what’s so frightening about these sham lawsuits from trial lawyers who hope to turn oil companies into cash cows similar to the tobacco lawsuits 20 years ago: The end game of lawsuits against states and oil and gas companies for using or producing energy because of alleged damage to the environment could bring about abolition of fossil fuels through the back door of the nation’s courthouses.

But what none of these judges or litigators take into account is the catastrophic economic effects of not using fossil fuels. As an example, the Left wants to abolish air conditioning, which requires electricity, which mostly comes from fossil fuels. But air conditioning saves tens of thousands of lives a year. What about the millions of jobs that would be wiped out with no fossil fuels? How many thousands of Americans would die in hospitals, or assisted living centers, or day care centers, or schools if the lights go out with no fossil fuel power plants?

Fossil fuels have saved millions more lives over the last century than they take. They make Americans much richer and safer and happier and healthier and more mobile. Meanwhile, there is no evidence backing up the absurd claim by teenagers that if Hawaii stopped using fossil fuels, the state’s weather conditions would improve.

Will judges take that into consideration when they try to rob Exxon and coal companies of their profits for the sin of making life on earth much better?

Stephen Moore is a visiting fellow at the Heritage Foundation and a senior economic advisor to Donald Trump. His latest book is: “Govzilla: How the Relentless Growth of Government Is Devouring Our Economy.”

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.

(Featured Image Media Credit: Screen Capture/Supreme Court of the United States)

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Automotive

It’s Time To Abandon Reckless EV Mandates

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From Canadians for Affordable Energy

Dan McTeague

Written By Dan McTeague

Already, billions of tax dollars have been handed out in subsidies to companies that have no accountability to the Canadian taxpayer. This experiment in societal re-engineering will disproportionately harm Canadian workers and families, especially those who live in rural communities.

And it will surely fail

Canada is not nearly ready for the wholesale adoption of electric vehicles (EVs).

That was the message of the letter I sent to every member of Parliament recently, urging them to drop the “Electric Vehicle Availability Standard” introduced by the Trudeau government late last year. That’s the policy that mandates that all new vehicles sold in Canada must be electric by 2035. There is no way, considering the economic, technological and infrastructural realities of our country — and our world — where this is possible.

Stubbornly attempting to achieve this goal would do serious damage to our economy, leaving Canadian taxpayers on the hook for generations to come. Already, billions of tax dollars have been handed out in subsidies to companies that have no accountability to the Canadian taxpayer. This experiment in societal re-engineering will disproportionately harm Canadian workers and families, especially those who live in rural communities.

And it will surely fail. In my letter I highlight a few of the central reasons why staying the course on EV mandates by 2035 is extremely reckless. Right off the bat, the technology is simply not there for electric vehicles to be a reliable source of transportation in Canada’s climate. The batteries cannot hold their charge in frigid temperatures. Forcing Canadians to rely on vehicles that can’t handle our winters is irresponsible and dangerous.

Electric vehicles’ cost is another issue. Right now, the EV market relies heavily on government subsidies. These subsidies can’t last forever. But without them EVs are prohibitively expensive. Even with them, the costs of maintaining an EV are high. Replacing a damaged battery, for example, can cost upwards of $20,000. Mandating that people buy vehicles they can’t afford to either purchase in the first place or maintain if they do buy them is political malpractice.

A fact long ignored by decision-makers in Ottawa is that our electrical grid isn’t ready for the excess demand that would come with widespread EV adoption. These mandates, paired with the government’s goal of fully decarbonizing the grid by 2035, put us on a collision course with the reality of unreliable power. A grid powered, not by reliable fossil fuels, but by spotty wind and solar energy would be further burdened with millions of cars relying exclusively on electricity.

Beyond the electricity itself, the EV mandates will require additional transmission and distribution capacity. But there are no signs any plan is in place to expand our transmission capacity to meet the 2035 target.

The sheer number of new charging stations required by wholesale adoption of EVs will strain our distribution networks. Natural Resources Canada projections show that Canada will need between 442,000 and 469,000 public charging ports by 2035. At the moment, we have roughly 28,000. And that doesn’t include the private charging stations people will need to install at home. Closing that gap in such a tight time frame is almost certainly impossible.

All of those considerations aside, at a fundamental level the government’s push for electric vehicles encroaches on the operation of the free market, all in the name of emissions reductions. The Canadian economy is founded on the market principle that the consumer drives the economy (no pun intended). Thousands of times over, it has been shown that if there is enough demand for a product, supply soon follows. In the case of EVs, however, the federal government is operating under the assumption that if you somehow create a supply, that will inspire a demand.

This hasn’t worked in any of the countries where it’s been attempted, which is why nations around the world have started to tap the brakes on EV mandates. Decision-makers in Ottawa need to follow suit and abandon these reckless and costly mandates. Let the market decide when EVs are ready for prime time. In other words, let Canadians decide.

Dan McTeague is President of Canadians for Affordable Energy

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Economy

Ottawa’s Regulatory Assault on the Extraction Sector and Its Impact on Investment

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From the Fraser Institute

By Kenneth P. Green

Business investment is a foundational requirement for a prosperous economy. It provides the resources to establish new companies, expand existing ones, and invest in new factories, machinery, and technologies. Business investment in Canada has declined markedly for over a decade. It is a major reason why Canadian living standards are stagnating in absolute terms and declining relative to many peer countries, particularly the United States.1

One factor behind declining business investment is the heavy regulatory burden imposed by the current federal government on the extraction sector, which includes: mining, quarrying, and oil and gas. Since 1990, this sector averaged 17.3 percent of total non-residential business investment, and reached as high as 28.7 percent of the total in 2013.2

The federal government has been particularly critical of the oil and gas sector. As an example of such sentiment, in a 2017 speech Prime Minister Trudeau said it would take time to “phase out” the oil sands, indicating the long-term goal of the federal government to eliminate the fossil fuel industry (Muzyka, 2017). The prime minister’s comments were followed by a number of new regulations that directly or indirectly targeted the oil and gas sector:

• In 2019, Bill C-69 amended and introduced federal acts to overhaul the governmental review process for approving major infrastructure projects (Parliament of Canada, 2018). The changes were heavily criticized for prolonging the already lengthy approval process, increasing uncertainty, and further politicizing the process (Green, 2019).

• In 2019, Bill C-48 changed regulations for vessels transporting oil to and from ports on British Columbia’s northern coast, effectively banning such shipments and thus limiting the ability of Canadian firms to export (Parliament of Canada, 2019).

• Indications from the federal government that a mandatory hard cap on GHG emissions would eventually be introduced for the oil and gas sector. In 2023, such a cap was introduced (Kane and Orland, 2023), excluding other GHG emitting sectors of the economy (Watson, 2022).

• In early 2023, the government announced new fuel regulations, which will further increase the cost of fuels beyond the carbon tax (ECCC, 2023).

• In late 2023, with limited consultation with industry or the provinces, the Trudeau government announced major new regulations for methane emissions in the oil and gas sector, which will almost inevitably raise costs and curtail production (Tasker, 2016).

The growing regulatory burden has a number of implications that impede or even prohibit oil and gas investment, by increasing costs and uncertainty, making it less attractive to invest in Canada. Both a 2022 survey of mining companies and a 2023 survey of petroleum companies identified the same three risks as inhibiting investment in Canadian provinces—uncertainty over disputed land claims, protected areas, and environmental regulations.3

It is also important to recognize that the Trudeau government introduced a carbon tax in 2016, which conceptually should replace regulations related to greenhouse gas (GHG) emissions such as those listed previously rather than be an additional policy lever used to manage GHG emissions.4

The regulations discussed above, as well as direct decisions by the federal government had tangible effects on the oil and gas sector:

• In late 2016, the Northern Gateway pipeline running from northern Alberta to Kitimat, British Columbia was cancelled by the Trudeau government, further limiting the ability of firms in Alberta to get their products to export markets (Tasker, 2016).

• In 2017, TransCanada Corp. cancelled its $15.7 billion Energy East pipeline, which would have transported oil from Alberta to Saint John, New Brunswick. The project was cancelled in large measure due to changes in national policy regarding the approval of large infrastructure projects (Canadian Press, 2017).

• While the Trans Mountain pipeline from Edmonton to Burnaby, BC was approved, Kinder Morgan exited the project in 2018 due to uncertainties and questions about the economics of the project, forcing the Trudeau government to take the ownership. The cost of the project has since increased by more than four times the original estimate to $30.9 billion (Globe and Mail Editorial Board, 2023).

• In 2019, US-based Devon Energy announced plans to exit Canada’s oilsands to pursue more profitable opportunities in the United States (Healing, 2019).

• In 2020, Teck Resources abandoned its $20 billion Frontier oilsands mine in Alberta because of increasing regulatory uncertainty (Connolly, 2020).

• In 2020, Warren Buffett’s Berkshire Hathaway decided not to invest $4 billion in Saguenay LNG, a liquified natural gas plant and pipeline, due to political and regulatory risks (CBC News, 2020).

The divestitures above are not an exhaustive list. Other companies including Norwegian Equinor (formerly Statoil), France’s TotalEnergies SE (formerly Total SA), US-based Murphy Oil, and ConocoPhillips have all reduced their investments in Canada’s oil and gas sector.

The government’s mounting regulations and hostilities towards the oil and gas sector did not go unnoticed outside of Canada. A 2018 article in The Economist listed the many failures to develop pipeline infrastructure in Canada to bring much-demanded oil and gas to market. Indeed, the piece called it a “three-ring circus” that risked “alienating foreign investors who are already pulling back from Canada” (Economist, 2018).

It is first important to acknowledge the overall decline in business investment in Canada since 2014. Overall, total non-residential business investment (inflation-adjusted) declined by 7.3 percent between 2014 and 2022.5, 6

The decline in business investment in the extractive sector (mining, quarrying, and oil and gas) is even more pronounced. Since 2014, business investment excluding residential structures and adjusted for inflation has declined from $101.9 billion to $49.7 billion in 2022, a reduction of 51.2 percent (figure 1).7


A similar decline in business investment of 52.1 percent is observed for conventional oil and gas, falling from $46.6 billion in 2014 to $22.3 billion in 2022 (inflation-adjusted) (figure 1). In percentage terms the decline in non-conventional oil extraction was even larger at 71.2 percent, falling from $37.3 billion in 2014 to $10.7 billion in 2022.8

Simply put, the declines in the extraction sector are larger than the total decline in overall non-residential business
investment between 2014 and 2022, indicating the magnitude of the overall effect of the decline in business investment in this sector.

The importance of business investment to the health of an economy and the rising living standards of citizens cannot be overstated. One of the major challenges facing Canadian prosperity are regulatory barriers, particularly in the oil and gas sector.

In that light, much of the regulatory burden added over the last eight years to the oil and gas sector should simply be eliminated. In some ways this is already being forced on the federal government through court decisions. For instance, in October of 2023, the Supreme Court of Canada ruled that parts of Bill C-69 were unconstitutional as they infringed on areas of exclusive provincial jurisdiction, requiring revisions to the Act (Dryden, 2023).

A careful and clear analysis is needed of the costs and benefits of the regulatory measures imposed on the oil and gas sector, including Bill C-48, the recent methane regulations, and the emissions cap. Based on this analysis, the regulatory measures should be adjusted to help improve the ability of Canada’s energy sector to attract and retain investment.

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