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Opinion

The dangerous slippery slope of activist-driven climate lawsuits

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4 minute read

From the Frontier Centre for Public Policy

By Joseph Quesnel 

Canadians should be concerned climate activists are pushing climate change litigation – or climate change tort cases – at the U.S. state and local levels.

We should all be prepared if this bizarre new legal trend introduced by climate change alarmists comes to Canada.

Canadians have noticed most extreme climate change-inspired ideas – like banning natural gas furnaces – originate from liberal parts of the United States and eventually find their way northwards to our provincial legislatures or city halls.

Lawyers – supported by climate change alarmist organizations – are inventing new legal theories to allow state governments to sue energy companies for alleged contributions to global climate change. Lawyers even attempt to link oil companies to specific extreme weather events.

American observers became alarmed when the Hawaii Supreme Court upheld a lower court ruling in that state allowing oil companies to be sued in state courts for their alleged contribution to climate change.  U.S. Legal critics were concerned how this climate change litigation could turn state courts into regulators of global climate change. They argued this was improper given that inter-state and foreign energy policy and commerce is federally regulated.

Canadian judges will have to deal with similar federalism/jurisdictional issues if these nuisance lawsuits come to our courts. Green activists on both sides of the border are determined to handicap the energy sector through the courts and lower levels of government.

Lawyers are basing their legal theories on unjustified certitude regarding climate change.  The United Nations Intergovernmental Panel on Climate Change (IPCC) – the most prominent so-called “authority” on climate science – actually presents a nuanced and cautious view of this topic. Politicians and journalists often blame specific weather patterns or events on climate change with little evidence.

Canadian author Joanne Marcotte, in her book Inconvenient Doubts: Climate Change Apocalypse: Really? reminds us that so-called experts miss three key points about IPCC reports: 1) They include varying degrees of confidence and probabilities, rarely mentioned by the media; 2) Some statements refer to specific regions but are often generalized globally; and 3) An extreme weather event becomes a disaster only if a region cannot respond effectively.

Lawyers pushing these anti-oil lawsuits are really saying courts can determine with certitude these oil companies are causing climate change or they can be blamed for specific weather events.

Activists are pushing their anti-energy agenda in the courts because they are losing the war of ideas in democratically elected legislatures. Canadian voters are rejecting these unnecessary and costly green policies because they are being economically crushed by spurious and environmentally pointless carbon taxes that unnecessarily inflate all basics including food and gasoline prices . Activists realize this and want unelected and unaware judges to become arbiters on an incredibly complex and nuanced issue like global climate change.

Drivers should be wary because once courts allow provinces to attack oil companies they may come after them.  Activists know transportation is the second biggest contributor to carbon emissions after the energy sector.

Canadian litigants raised climate change at the Supreme Court of Canada when several provincial premiers challenged the constitutionality of the carbon tax – a clever way to bypass democratic legislatures and impose their anti-energy policies on courts and lower levels of government.

Canadian consumers should be able to choose energy sources best for them.  We should not allow activists to use courts – as they have in the United States – to impoverish everybody through by imposing extreme and unscientific anti-energy climate policies through the backdoor.

Joseph Quesnel is a Senior Research Fellow with the Frontier Centre for Public Policy.

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Automotive

Michigan could be a winner as companies pull back from EVs

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From The Center Square

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Federal deregulation and tax credit cuts are reshaping the auto industry, as Ford Motor Co. and General Motors Co. scale back electric vehicle production and redirect billions into hybrids and traditional gas-powered cars.

Yet, the Michigan automotive industry could see increased investments from those same companies as they reallocate that funding.

While both Ford and GM previously announced ambitious targets to expand electric vehicle fleets over the next decade, they are now cutting back on electric vehicle production.

That comes in response to federal deregulation of gas-powered vehicles, tax credit cuts, and the prospect of slowing consumer demand.

In August, Ford stated it was canceling plans to build a new electric three-row SUV. Instead, it is turning its focus to hybrid vehicles, including a massive $5 billon investment into a new “affordable” hybrid truck.

GM announced similar plans earlier this month. It will be cutting back electric vehicle production at Kansas and Tennessee plants, anticipating a decline in demand once federal tax credits end Sept. 30.

This all could have a real impact on the electric vehicle industry across the nation and experts are already anticipating that.

A new forecast by Ernst & Young Global Limited now predicts a five-year delay in electric vehicles making up 50% of the new car marketshare. While previous forecasts predicted America would reach that mark by 2034, the new forecast pushed that back to 2039.

“The U.S. faces policy uncertainty, high costs, and infrastructure gaps,” said Constantin M. Gall, the company’s global aerospace defense and mobility leader.

Clean energy advocacy groups are decrying this move away from electric vehicle initiatives, largely blaming the Trump administration.

“The transition to electric vehicles now faces significant roadblocks,” said Ecology Center in an April report. “The Trump administration has rolled back key policies supporting clean transportation.”

It also pointed to a nationwide deregulation of the gas-powered vehicle industry for allowing those to remain “dominant” over electric vehicles.

“These actions prioritize fossil fuels over clean energy, threatening progress toward a sustainable transportation future,” the report stated.

While bad news for electric vehicle supporters, the Michigan automotive industry could be a winner as companies re-shift focus back to gas-powered and hybrid vehicles.

With billions of dollars previously allocated to federal pollution fines and electric vehicle costs now available for investment, GM now plans to increase production at a Detroit-area plant by 2027.

The Michigan-based company also recently announced plans to invest billions into another Michigan plant in Lake Orion Township.

For similar reasons, Ford’s CEO Jim Farley told analysts that the company anticipates monetary savings “has the potential to unlock a multibillion-dollar opportunity over the next two years.”

While Gov. Gretchen Whitmer has long been a proponent for the electric vehicle industry, she did recently emphasize her support for all Michigan-based manufacturing, no matter the type.

“We don’t care what you drive – gas, diesel, hybrid, or electric – as long as it’s made in Michigan,” she said following the GM Orion announcement. “Together, let’s keep bringing manufacturing home, growing the middle class, and making more stuff in Michigan.”

Elyse Apel is a reporter for The Center Square covering Colorado and Michigan. A graduate of Hillsdale College, Elyse’s writing has been published in a wide variety of national publications from the Washington Examiner to The American Spectator and The Daily Wire.

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Business

Deportations causing delays in US construction industry

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From The Center Square

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The Trump administration’s immigration policies are leading to worker shortages and delayed projects across the construction industry, according to a new report.

A survey conducted in July and August by the Associated Contractors of America and the National Center for Construction Education and Research found more than one in four respondents said their firms were affected by increased immigration enforcement in the past six months.

Respondents said increased immigration enforcement is making it more difficult for firms to recruit workers. Ten percent of firms reported using the H-2B visa program, which is used for recruiting nonagricultural foreign workers, to recruit salaried and hourly workers.

Congress set the cap for H-2B visa allowances at 66,000 in fiscal year 2026. The program offers temporary work for the first and second halves of the year to foreign employees.

Jordan Fischetti, an immigration policy fellow with Americans for Prosperity, said government allowances for visa programs do not meet the demand of the current workforce.

“Immigration for a long time has been centrally planned, so there’s just not a very strong appetite for letting the market do its work,” Fischetti said.

The report found 83% of firms with craft worker openings reported that positions are hard to fill or harder to fill than one year ago. Eighty-four percent of firms with openings for salaried workers also reported it was hard or harder to fill positions than one year ago.

Five percent of respondents reported their jobsites or work sites were visited by immigration agents and 10% said workers did not report or quit due to rumored immigration enforcement allegations.

Contractors in Georgia, Virginia, Alabama, Nebraska and South Carolina were more likely to be impacted by immigration enforcement, according to the report.

The report found worker shortages were the most commonly listed reason for project delays. Two-thirds of firms reported at least one project in the last six months was postponed, canceled or scaled back. The survey took into account more than 1,300 individuals across various contracting and construction firms.

Michele Waslin, assistant director of the University of Minnesota’s immigration history research center, said the construction and agricultural industries have been deeply affected by the Trump administration’s immigration policies.

“Some businesses really do have a labor shortage, and they’re unable to hire American workers, and they want to hire foreign workers and it’s not that easy to do in many cases,” Waslin said.

A separate poll commissioned by The Center Square found 85% of registered voters think it is either somewhat or very important to create legal pathways for construction workers to live and work in the United States.

The poll, conducted by RMG Research in conjunction with Neapolitan News Service, surveyed 1,000 registered voters in August and found vast agreement across partisan lines, age and race in its support for legal pathways in construction.

Fischetti said both employers and the American public have expressed interest in allowing more flexibility in the immigration system and he wants to see Congress modernize in response.

“We really need to work on providing pathways,” Fischetti said. “I don’t just mean pathways to legalization, pathways to certainty.”

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