The judge who dismissed the lawsuit is a Biden-appointed judge.
A U.S. judge on Sept. 22 dismissed an antitrust lawsuit in which Michigan accused four major oil companies of colluding to forestall competition in renewable energy, including electric vehicles, a decision in line with prior rulings in similar cases.
U.S. District Judge Jane Beckering in Grand Rapids rejected the lawsuit filed in January by Michigan Attorney General Dana Nessel, a Democrat, against BP BP.L, Chevron CVX.N, Exxon XOM.N, Shell SHEL.L and the American Petroleum Institute.
The judge said antitrust laws protect against none of the injuries for which Michigan sought a remedy, except for energy overcharges.
U.S. District Judge Jane Beckering tossed Michigan Democratic Attorney General Dana Nessel’s federal antitrust lawsuit holding that the state did not have antitrust standing. Biden nominated Beckering to the Western District of Michigan in 2021.
Nessel brought the suit in January, claiming the companies operated as a cartel that blocked renewable-energy rivals and protected their hold on Michigan’s transportation and primary energy markets.
Beckering’s ruling quoted an earlier federal appellate opinion cautioning that it would be entirely speculative and beyond the competence of a judicial proceeding to create in hindsight a technological universe that never came into existence. The judge essentially held that most of the alleged injuries fell outside federal antitrust law.
Not only have several similar lawsuits been thrown out, while others are still pending, the timing of this ruling couldn’t be more appropriate.
The Michigan dismissal comes less than two weeks before the Supreme Court hears Suncor Energy v. County Commissioners of Boulder County on Oct. 5, a lawsuit that could be a major blow to climate-related lawfare.
That Colorado case asks whether federal law preempts state-law claims for damages from interstate and international greenhouse-gas emissions. Boulder County, the city of Boulder, and San Miguel County sued Suncor and ExxonMobil in 2018, alleging the companies promoted fossil fuels while hiding climate risks. The companies deny the claims and argue states cannot use tort law to regulate global emissions.
Advocates, states, and industry groups have filed briefs as the Court considers the divide between state tort law and federal authority over interstate emissions.
Climate plaintiffs will use any vehicle they can—tort, fraud, wrongful death, or criminal charges—to push their agenda. When the justices decide Suncor, they should slam the door on climate lawfare and leave the activists behind it no way to force it open again.
