Activist-driven litigation threatens to undermine American energy independence while bolstering China’s dominance in green technologies.

By Probe International

Climate litigation in the U.S. is not just a legal battle; it poses a grave national security threat.

The U.S. Supreme Court is poised to decide whether to take on Suncor Energy v. Boulder, a case that starkly illustrates the alarming manipulation of the legal system to impose radical climate policy.

In a shocking move, Boulder City, Colorado, along with Boulder County and San Miguel County, have launched a lawsuit against Suncor Energy (and ExxonMobil) for allegedly concealing the dangers of fossil fuels and contributing to climate change. These lawsuits assert that the energy companies’ alleged contributions to climate change have created a “public nuisance” in their communities, demanding billions in damages to supposedly address future climate costs. [See: Climate Litigation Hands China a Strategic Victory While Harming America]

Part of a wave of public-nuisance lawsuits, orchestrated by progressive activists across the country, these moves represent not just an attack on U.S. energy production; it is a strategic gift to China, the world’s leader in solar panel and rare earth mineral production. The coordinated “flood the zone” strategy aims to drown energy producers in litigation rather than engage in legitimate policymaking, effectively undermining the very foundation of U.S. energy independence and handing a strategic victory to China and Chinese-controlled green technologies.

The core issue at hand is whether federal law, such as the Clean Air Act, bars state courts from adjudicating these cases. Suncor and ExxonMobil contend that it constitutes an indirect regulation of interstate and international emissions, while Boulder maintains that the focus is on state-level damages. [See: U.S. Supreme Court Considers Whether to Take up ‘Climate’ Case Against Oil Company]

Following the Colorado Supreme Court’s decision to allow the case to move forward in state court, Suncor and Exxon Mobil have petitioned the U.S. Supreme Court to take up the matter, with a ruling anticipated soon.

The outcome of this case could have significant repercussions for numerous similar climate lawsuits against fossil fuel companies nationwide, as both supporters and opponents are submitting amicus briefs (friend-of-the-court) to weigh in on the issue.

Alarmingly, companies linked to the Chinese military have been found selling energy-grid components with vulnerabilities that could allow Beijing to disrupt U.S. power systems. If the Supreme Court does not intervene in cases like Suncor Energy v. Boulder, the U.S. risks losing control over its energy policy to judges and trial lawyers, enabling adversaries to exploit the legal system and deepen America’s dependence on an authoritarian regime that is seeking to weaken Western nations. A strategy that also implicates environmental NGOs.

Highlighting concerns over foreign influence in American environmental advocacy, on Dec. 16, twenty-six U.S. Republican state attorneys general demanded a Justice Department investigation into whether the Energy Foundation China (EFC) and the Center for Climate Integrity (CCI) failed to register as foreign agents, citing “substantial evidence” that these groups are acting as unregistered agents of the Chinese Communist Party to undermine U.S. energy independence and promote China’s geopolitical interests. [See: Republicans Accuse Climate Groups of Doing China’s ‘Dirty Work’ in the U.S.]

The letter accuses EFC of being supervised by Chinese authorities and claims both organizations are covertly influencing U.S. policy while masquerading as independent nonprofits, raising alarms about their substantial political activities and financial ties to China amid escalating tensions between the U.S. and Beijing.

Longtime China monitor, Patricia Adams of Probe International, argues that Beijing has effectively co-opted Western environmental groups through a mix of incentives and pressures. She explains that these NGOs can only operate in China if they conform to the party line, while funding from organizations like Energy Foundation China, which channels money from American billionaires, further influences their behavior. As a result, she says Western environmentalists have become unwitting advocates for President Xi, praising China’s climate ambitions while downplaying its extensive coal expansion and failure to honor international agreements. Adams asserts that while the world recognizes China’s abuses, Western greens remain silent, effectively serving as “useful idiots” for the regime. [See: The Red and the Green: China’s Useful Idiots]

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