A New Legal Battle Unfolds in the Climate Crisis
A version of this article, co-written with Michael Dorsey, was originally published in The Hill on August 24, 2025.
President Trump’s recent executive order takes aim at states’ abilities to file climate-related lawsuits against oil companies, posing a threat to holding polluters accountable. This move comes at a time when the impacts of climate change, such as rising seas, wildfires, and record-breaking heat, are undeniable.
Ironically, a new development in the climate fight may arise from unexpected sources—Republican attorneys general who have traditionally downplayed the reality of climate change. In a surprising turn of events, Republican AGs, led by Texas’s Ken Paxton, have filed a lawsuit against major asset managers like BlackRock, State Street, and Vanguard, alleging antitrust violations related to their ESG investment practices.
While these lawsuits initially aimed to discourage climate-conscious investing, they may inadvertently shed light on the inner workings of the coal industry. By accusing asset managers of colluding with coal companies to restrict production, the lawsuits could expose a wealth of information through the discovery process, revealing the industry’s efforts to obstruct the energy transition and fund climate disinformation.
Despite the political motivations behind these lawsuits, the potential for increased transparency into the fossil fuel industry’s tactics is significant. This exposure could fuel public pressure and future legal accountability, challenging the status quo that has perpetuated reliance on polluting energy sources.
While the attacks on ESG principles are regressive and politically motivated, they may inadvertently contribute to a greater understanding of the fossil fuel industry’s tactics. Amidst the challenges posed by climate rollbacks, there is a glimmer of hope that unexpected legal battles could lead to greater accountability for polluters.
President Trump’s attempts to shield polluters from liability through executive orders may be countered by legal actions within his own party, ultimately revealing the truth behind industry interference in addressing climate change. As the fight for the planet unfolds in legislatures and courtrooms, these legal battles could serve as a turning point in the push for environmental accountability.
This piece was co-written with Michael Dorsey, PhD, a member of the Club of Rome and a former board member for the Sierra Club.
