Event With Links to Oil Industry Teaches Judges “Healthy Skepticism” of Climate Science

For many months, conservative lawmakers and political operatives have been targeting the scientists and lawyers behind the Climate Judiciary Project, a program meant to educate the courts about climate science, alleging that their effort constitutes a conspiracy to influence federal judges and persuade them to rule against the oil industry. Now, just as congressional investigators are escalating a formal inquiry into the project, a separate program closely aligned with the fossil fuel industry and free-market conservatives is hosting a symposium for 150 judges in Nashville, Tennessee. The program, run by the Antonin Scalia Law School at George Mason University, also aims to educate judges, but in a way that prioritizes American business interests and questions climate science. The dueling efforts come as a number of significant lawsuits seeking to hold fossil fuel companies accountable for climate damages are making their way through the courts and as oil-industry-aligned attacks on climate policies, and the legal arguments supporting them, have been sharply increasing. ProPublica reported in April that political operatives connected to the conservative activist Leonard Leo were coordinating an effort across 11 states to pass laws shielding fossil fuel companies from liability for climate harm. In the past three weeks, similar liability waiver bills have been introduced federally in both the House and the Senate. Last week the Florida attorney general’s office launched an investigation into alleged judicial influence by the organization that oversees the Climate Judiciary Project, the Environmental Law Institute, a nonpartisan legal scholarship group funded until recently by the Environmental Protection Agency. These developments come on the heels of a campaign last winter to get the Federal Judicial Center, the publishing body for the federal court system, to retract a roughly 90-page chapter devoted to climate science from the latest volume of its technical manual for judges. Twenty-two Republican attorneys general wrote to Rep. Jim Jordan of Ohio, the Republican chair of the House Judiciary Committee, demanding that the committee investigate the center’s publication of material about how to weigh scientific evidence about climate and the weather because the chapter’s authors appeared to be biased. In their letter, they noted the authors work for Columbia University’s Sabin Center for Climate Change Law and alleged the chapter was influenced by Michael Burger, the executive director of the center who works closely with the law firm Sher Edling, which represents several climate plaintiffs. The Republican attorneys general also noted that some staff at the Sabin Center work with the Environmental Law Institute and the Climate Judiciary Project. Although the chapter had been peer reviewed and approved by the Federal Judicial Center, as well as by the National Academies of Sciences, Engineering and Medicine, the center retracted the climate chapter in February. On April 28, Jordan went a step further, issuing letters accusing Burger, the Environmental Law Institute and Sher Edling of bias, conspiracy and collusion. Jordan demanded that the three parties produce private communications, receipts and records of funding sources, and that the recipients sit for interviews before the committee. The Sabin Center, Jordan wrote, is “producing materials to be used to bias federal judges about novel climate-related legal theories” and coordinating to bring climate-related litigation to court. The activity raises questions about “the integrity and independence of the judicial process” and “ex parte contact with courts,” Jordan wrote, referring to the improper conduct of contacting a judge without opposing counsel present to argue issues related to a pending case. Neither Sher Edling, the Sabin Center nor Burger responded to a request for comment. A representative for the Environmental Law Institute stated in an email that the Climate Judiciary Project “does not participate in litigation, coordinate with any parties related to any litigation, or advise judges on how they should rule on any issue or in any case. The goal of CJP is to provide judges with the tools they need to understand climate science and how it arises in the law.” Jordan’s office replied to a request for comment by reasserting the statements in the letters it sent, and it did not respond to a detailed list of questions. Amid the allegations of impropriety and conflicts of interest though, the program at George Mason University has scarcely been noticed. The George Mason conference, called the “Judicial Symposium on Scientific Methodology, Expert Testimony, and the Judicial Role,” opened the day after Jordan sent out his letters and will continue through Saturday, May 2. It is run by the university’s Law and Economics Center, which oversees a project called the Judicial Education Program. The center is funded in part by ExxonMobil, which is a defendant in several of the climate lawsuits. ExxonMobil did not respond to a request for comment. The conference includes speakers who have filed amicus briefs — filings by people who aren’t part of the case but have a strong interest in its outcome — in favor of the oil industry in several of those cases, as well as at least one lawyer who has represented fossil fuel companies in court. The reading assignments prepared for the judges include a Substack post by a notable climate contrarian accusing the authors of the retracted climate chapter in the federal court’s reference manual of including material by Burger and hiding his authorship. They also include a law journal argument that a key tenet of climate science used to identify the cause of disasters should be inadmissible in their courtrooms. One session, titled “Debates on the trustworthiness of tools to evaluate science in the courtroom,” focuses entirely on the federal courts’ reference manual. In an emailed response to ProPublica, Donald Kochan, the executive director of George Mason’s Law and Economics Center, which organized the event, presented the symposium as a robust and objective discussion. The program’s advisory board, he wrote, is a politically and jurisprudentially diverse group including “some of the most progressive jurists in the country, including on climate issues.” Kochan, who did not respond to a list of specific questions, added that lectures are by leading academics on science and law and that he invited the authors of the judicial reference manual to speak but they declined, as did several others who he suggested would have represented more centrist viewpoints on the climate issue. The conference is one of dozens of meetings, retreats and “intimate weeklong gatherings” that are regularly hosted by the Law and Economics Center as part of an initiative to instill free-market values and greater knowledge of the economic consequences of policy in judicial decision-making. In 2016 the law school renamed itself after the former Supreme Court Justice Antonin Scalia and the center expanded with $30 million in gifts, adding faculty and scholarships and launching additional “colloquia.” The center today runs several parallel initiatives under the umbrella of the Judicial Education Program, each aimed at gathering judges together and educating them. The symposium on science and evidence is one of these events. According to an internal fundraising document from 2020 obtained by ProPublica, the gatherings are often luxurious all-expenses-paid affairs, created to foster lasting relationships and opportunities to network with judges. The document included a solicitation for more than $930,000 sent by the center to the Charles Koch Foundation, a libertarian organization that provides grants to universities and scholars. At the time of the proposal, more than 5,000 judges representing all 50 states had attended at least one of the organization’s programs, the document stated. The goal of the sy…