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The Surprising Red State Repeating California’s Mistakes

In the heart of America’s energy belt, Louisiana—a staunchly red state known for its deep ties to the oil and gas industry—is shockingly emulating the progressive playbook of California. Recent lawsuits targeting fossil fuel companies for alleged contributions to climate change are not only threatening the state’s economic backbone but also poised to inflate energy costs for everyday consumers. This move, driven largely by ambitious trial lawyers, mirrors California’s costly legal crusades, which have saddled residents with billions in added expenses without delivering tangible environmental benefits.

As these cases proliferate, from New York to other hotspots, the question looms: What can we do about trial lawyers who pile on costs to energy bills while offering no real gains for consumers or the planet?

As a consumer, are you upset that you are getting to pay for the trial lawyers that may have been funded by USAID? As our current adminstration is rolling out global Energy Dominance, and they have committed to doubling our LNG exports over the next 5 years to help meet the EU’s natural gas needs, we need to help curb the lawfare. Energy Dominance cannot occur with California’s energy policies or unfounded lawfare against oil companies.

Are you Paying High Taxes in New Jersey, New York, or California?

Louisiana’s Legal U-Turn: A Red State Gone Rogue?

Louisiana, a powerhouse in U.S. energy production, has long benefited from its oil and gas sector, which employs thousands and fuels the national economy. Yet, in a baffling twist, the state is now pursuing litigation against major energy companies, accusing them of exacerbating coastal erosion and climate impacts through their operations. According to a recent opinion piece in The Washington Post, this strategy risks “derailing America’s energy progress” by increasing costs that will inevitably trickle down to consumers.

The article highlights how trial lawyers are at the forefront, pushing these suits in a bid for massive payouts, much like in California, where similar actions have become a staple of environmental activism.

What makes Louisiana’s approach so surprising? As a conservative stronghold, the state has historically resisted the kind of regulatory overreach seen on the West Coast. But with parishes filing lawsuits seeking billions in damages for alleged climate harms, it’s clear that the allure of litigation windfalls is crossing party lines. Critics argue this isn’t about justice—it’s about enriching lawyers at the expense of affordable energy. If successful, these cases could force energy firms to hike prices, mirroring the fallout in blue states where consumers bear the brunt.

The California Cautionary Tale: Billions in Costs, Zero Wins for ConsumersCalifornia has been ground zero for climate lawsuits, with cities and counties suing oil giants like ExxonMobil and Chevron for deception and damages related to global warming. The results? Skyrocketing energy bills that hit low-income households hardest, with little to show in terms of reduced emissions or environmental repair.

Take the ongoing push for “climate superfund” fees, which aim to make fossil fuel companies foot the bill for wildfires and other disasters. As noted in analyses, these costs—potentially in the billions—are simply passed on to consumers through higher gas and utility prices.

One report estimates that judgments from such litigation could add upward pressure on energy costs, acting as an indirect tax on everyday drivers and homeowners.

California’s electricity rates are already among the nation’s highest, partly due to these policies; a recent commentary points out that the state’s reliance on expensive renewables and litigation-driven regulations has driven up bills by emphasizing intermittent sources like wind and solar.

In 2023 alone, climate-related legal battles and associated policies contributed to an estimated $3 billion in “Climate Credits” returns to consumers—but this is essentially recycled money from ratepayers, not a net gain.

Worse, bills like those opening up areas to more drilling while imposing fees have been criticized for deregulating in ways that could cost consumers and the environment alike.

The net effect: Californians pay 50-80% more for electricity than the national average, with trial lawyers pocketing fees while emissions reductions lag behind promises.

New York’s Superfund Saga: Shifting Burdens or Just More Bills?

New York isn’t far behind, having recently enacted the Climate Change Superfund Act in December 2024, which requires major greenhouse gas emitters to pay into a fund for climate adaptation. Proponents claim it shifts costs from taxpayers to polluters, but skeptics see it as another energy tax in disguise. In 2023, New Yorkers footed $2.2 billion for climate-related repairs and projects—a burden now potentially passed upstream to energy companies, who will likely raise rates to recoup.

High-profile cases, like New York City’s lawsuit against ExxonMobil under consumer protection laws (dismissed in 2024 but emblematic of the trend), have already racked up legal fees in the millions.

An analysis warns that ignoring consumer costs in pursuit of climate goals is leading to higher utility bills across the Northeast.

The state’s energy tax measures, including demands for $75 billion in cost recovery from a federal case, are projected to increase nationwide energy prices as costs cascade through supply chains.

Trial lawyers, often billing at $3 million per case on average, stand to gain handsomely, while consumers see no direct benefits—just inflated bills.

Broader Battlefield: Major Cases Piling On Consumer Pain

This isn’t isolated to a few states. Nationwide, climate lawsuits are surging, with over 38% seeking compensation for damages and 16% targeting misleading advertising by fossil fuel firms.

Cases like Shoalwater Bay Indian Tribe v. ExxonMobil and others demand billions for alleged deception, but as one expert notes, these suits function as a “tax on consumers” by driving up energy prices to disincentivize fossil fuels.

In aggregate, these legal actions could cost companies—and thus consumers—trillions over time, with adaptation funds in states like Vermont and Maryland following New York’s model.

A wave of municipal suits, from Honolulu to Baltimore, seeks to shift financial burdens from taxpayers to Big Oil, but history shows these costs rarely stay contained—they flow directly to pump prices and power bills.

Trial Lawyers: The Hidden Cost Drivers with No Upside

At the core of this issue are trial lawyers, who file these suits on contingency, chasing multi-billion-dollar settlements where they claim 20-40% in fees. While they argue for accountability, the reality is added litigation expenses get baked into energy prices, benefiting attorneys without reducing emissions or aiding consumers. In California and New York, these lawyers have turned climate activism into a lucrative industry, but the environmental wins are dubious—emissions continue globally, while local costs soar.

What Can We Do? Reining in the Litigation Machine

So, how do we curb this trend of trial lawyers inflating energy costs without benefits? Here are actionable steps:Push for Tort Reform: Advocate for federal and state laws capping contingency fees in environmental suits and requiring losers to pay legal costs, deterring frivolous claims.

Legislative Oversight: Support bills that mandate cost-benefit analyses for climate lawsuits, ensuring any action proves direct consumer or environmental gains before proceeding.
Public Awareness Campaigns: Energy advocates and consumer groups should highlight how these suits act as hidden taxes, mobilizing voters to pressure lawmakers.
Industry Accountability with Balance: Encourage voluntary corporate investments in clean tech, bypassing courts to achieve real progress without price hikes.
Judicial Scrutiny: Back judges who dismiss baseless suits, as seen in New York’s Exxon case, to set precedents against lawyer-driven overreach.

By addressing the root—unchecked trial lawyers—we can protect affordable energy and focus on innovative solutions that actually combat climate challenges.

“California’s energy policies have driven it to a total energy crisis looming on the near-term horizon, and the trial lawyers are at the heart of that crisis. Throw on a Governor that wants to be President of the United States and will burn down his state to get there, and you have a recipe for a roadblock to Energy Dominance. ” – Stu Turley

In conclusion, Louisiana’s flirtation with California’s lawsuit model is a wake-up call for red states everywhere. If we don’t act, consumers nationwide will pay the price for a system that enriches lawyers while delivering empty promises. It’s time to prioritize practical energy policies over courtroom theatrics.

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