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Jacob Posik is director of legislative affairs at Maine Policy Institute, a nonprofit organization located in Portland that works to expand individual liberty and economic freedom in Maine.
Last November, Maine Attorney General Aaron Frey filed a lawsuit accusing major oil and gas companies of misleading the public about climate change. In doing so, he joined a well-funded campaign aimed at ushering out fossil fuels faster than our markets can accommodate.
With Maine households relying on heating oil and propane for home heating more than any other state in the country, his action raises a troubling question: Why is Frey investing taxpayer dollars into a legal campaign with little chance of success and a high price tag for Mainers?
That’s a question state lawmakers are now asking, and rightfully so. Rep. William Tuell, R-East Machias, has introduced two bills ( LD 635 and LD 1008) in recent weeks directing Frey to immediately drop his “big oil” lawsuit and to prevent this kind of lawfare in the future by requiring legislative approval before civil lawsuits are filed on the state’s behalf.
These bills aim to protect Maine’s economic prosperity and ensure state resources are used for practical reasons, not political stunts. My colleague Harris Van Pate recently submitted testimony on behalf of Maine Policy Institute stating that the attorney general’s lawsuit would enrich trial lawyers at the expense of taxpayers and it would likely fail to promote meaningful environmental reforms.
If the state is serious about addressing climate change, I believe it should focus on real solutions, such as investing in infrastructure and leveraging free market solutions to embrace lower-carbon technologies, not expensive courtroom battles with uncertain outcomes.
But here’s the real kicker: Frey’s lawsuit could actually make life harder for Mainers. Legal fees and court costs aside, a win for the state could mean increased energy costs for everyday consumers and businesses alike.
Higher energy costs are the opposite of what Mainers need. As the Maine Policy Institute outlined in our recent report “The Staggering Costs of New England’s Green Energy Policies,” Maine already suffers incredibly high electricity prices. Instead of investing in efficient energy production to lower costs, the lawsuit targets oil and gas companies, the very industry that keeps the state warm and fuels its economy.
I believe a lawsuit that punishes the energy sector is, in effect, a direct attack on the economic well-being of all Maine households.
Notably, history has not been kind to climate lawsuits like the one Frey is pursuing. Similar cases brought in Maryland, New Jersey, and New York have recently been dismissed due to their flimsy legal standing. Even in Hawaii, where one case did proceed, litigation has dragged on for years with no end in sight. These lawsuits are costly, ineffective and fail to provide the environmental or economic benefits their proponents claim.
The Maine Legislature is not alone in efforts recognizing the dangers of such litigation. The Maryland House of Delegates has also recently pursued efforts to protect their state’s residents from costly climate litigation. A group of legislators, led by Delegate Jason Buckel, R–Allegany, introduced HB903, which prohibits the state or a local government from seeking damages for the effects of climate change.
In the midst of state attorneys general pursuing costly lawsuits like Frey’s, I think Maine needs more lawmakers like Rep. Tuell willing to take a stand against these litigation games. With more advocacy against these frivolous lawsuits, elected officials can get back to their job of pursuing meaningful economic and environmental reforms that actually benefit the people of our state.