Free Beacon Climate Judiciary Project Files
The Patriots Foundation and collaborating non-profit organizations have obtained documents in response to public records requests related to the Climate Judiciary Project and are making them public here.
“It is an emerging field, and whether judges are ‘believers’ or ‘deniers’ about global warming/ climate science (or somewhere in between), this litigation isn’t just coming, it has arrived.”
2022.10.22 Sudderth Email
“NJC has a responsibility to the funding entities that are sponsoring and subsidizing your attendance.”
2022.02.11 Fisher Email
“We are two peas in a pod, then. I fully participated in everything NJC offered, but our state is a fossil-fuel producing state and much of the content is not sought after at this point.”
2024.04.03 Sudderth Email
“JLCS judges discussing how to use specific phrases when presenting on active climate cases to avoid violating ethical rules.”
2022.11.13 CliSciLeaders Email
“A few minor learnings that I would pass along: Even in solidly blue-state Delaware, I heard from some dissenting voices. With 70 judges attending, a 19% rate of Doubtful/Dismissive would mean about 13 folks. I would guess maybe half that, but still not zero.” … “We really have a lot of work to do.”
2022.10.13 CliSciLeaders Email
“While climate science was not mentioned explicitly, the opinion discussed climate impacts. Namely, that plaintiffs’ alleged harms stem from a tenfold increase in nuisance flooding events that result in business closures and damage to property (see pg. 6). These flooding events are a clear signal of climate change.”
2022.10.07 CliSciLeaders Email
“I would be interested [in attending a ‘reunion’]… What would you think about us also bringing some colleagues? It would make the gathering bigger but also help in recruiting allies.”
2022.09.27 Travis Email
“Second, a news flash: This morning, the U.N. General Assembly voted 161 For/0 Against/with 8 Abstentions to recognize a human right to a clean, healthy, and sustainable environment. The United States, FYI, voted in favor. General Assembly resolutions are not legally binding, of course, but this one is at least indicative of a broad international consensus that environmental conditions can profoundly affect the ability of people everywhere to enjoy their pre-existing fundamental human rights and live with dignity.”
2022.07.28 Fisher Email
“Finally, I can say Hawai’i is ahead of the curve and a legal leader in this area. Our constitution provides for: ‘the right to a clean and healthful environment, as defined by Laws relating to environmental quality.’ Haw. Const. art. XI, §g. The Hawai’i Supreme Court has ruled that there is a property right to a clean and healthful environment thereby implicating our due process clause.” … “Confidently raise discussion of climate science and the related litigation among colleagues, regardless of their perspective on the issues.”
2022.07.28 Cahill Email
“I share Dr. Santer’s perspective that one cause for optimism in the face of darkness is seeing young folks getting into the fight on the side of light.”
2022.03.23 Cunningham Email
Roster for JLCS Cohort 1 conference
2022.03.14-17 Judicial Leaders in Climate Science
“The Reluctant Judge (Model the Way – Case)”: “Judge Meyer observed that climate change is indeed a serious problem but that the judiciary is constrained in deciding cases on the basis of existing law --including statutes, precedents, and procedural rules -- and so has very limited scope to address the problem. Judge Smith affirmed to the group that she understands these limitations, but, in thinking about the range of possible remedies and the scientific facts about the seriousness of climate change, is not persuaded that judges are quite so constrained or that such constraints should hold as much sway as Judge Meyer seems to be suggesting… [Later,] [e]ven Judge Meyer showed interest in learning about how courts in other jurisdictions were able to overcome the constraints that he had been worried about… What do you recommend Judge Smith should do to prepare the court for climate litigation?”
2022.01.27 ELI-NJC Leadership for Judges
Letter sent by Judge Arrieta to New Mexico Supreme Court Justices asking them to support “creation and merger of a Climate Science/ Water Court Division”; “Training for the State’s Judges and law students” in climate issues; and “Creating legislative buy-in and funding.”
CJ Bacon lttr (Climate Science) 10.6.22
Speaker release for Judge Arrieta’s participation as a presenter in a seminar titled “Judging in Changing Climate: Lessons from Water Courts.”
Government Speaker Release
Template for Judge Arrieta’s JLCS “action plan.”
11 - Action-Plan-Template-Jud Ldrshp Clim Sci-Tait rev
Notes from Judge Arrieta about how the law can “adapt[] to changes in climate.” “Findings of civil or criminal liability often spurs socially adaptive behavior.”
5 - Climate Lit – types of cases filed
Judge Round: “Unfortunately, my sense of the landscape here [in Missouri] is antipathy at best so nothing [related to climate change judicial education] is looming on the horizon.”
Email from Jarryd Page to Judge Round
Email chain about Judge Durkin’s “action plan” and presentation to Vermont judiciary
Email Tue 3.28.2023 501 PM Re_ Action Plan
“What we need is judicial legal adaptation using climate science.” “Findings of civil and criminal liability often spur socially adaptive behavior.” “The best thing would be to have a constitutional amendment that recognizes climate change and climate science.” “The judiciary needs to acknowledge that it needs to include climate science . . .”
Manuel Arrieta – Climate Litigation The Future Is Now
“These notes were prepared for Judge Thomas S. Durkin by the Climate Judiciary Project for a presentation to Vermont judges on March 31, 2023.” “Attribition Science”: “Detection and attribution research is used to establish a causal link between a defendant’s contributions to climate change and injuries to the public or plaintiffs.”
Climate Science Overview (VT)
“Attribution Science -> Legal Causation … Source attribution: the relative contribution of a given source, such as one fossil fuel company, in increasing global climate change.”
ELI Webinar June 24, 2022
“This module is designed to introduce specialized procedural techniques that have been used in climate cases. While many of the techniques could be helpful in a variety of cases, this module will be most useful for judges hearing climate change-related tort litigation.” (3) “Handling Challenges to the Existence of Climate Change or Humans’ Role in Causing It” (8) “Case Management Issues” (8) “Judges deciding these cases may want to borrow some of the techniques developed for mass tort and toxic tort litigation” “Applying Climate Change Science in the Different Kinds of Climate Change Lawsuits” (18) “Causation, Relative Risk, Probabilistic Evidence, and Attribution Science” (19) “One can easily imagine a case like the Hurricane Katrina property owners case, for example, turning into a battle where the plaintiffs argue that the defendant oil companies are responsible for climate change or the strength of a particular hurricane, while defendants argue that the plaintiff coastal landowners failed to put their houses on stilts or otherwise properly adapt to increasing hurricane risk. In such circumstances, the relevant state’s choice between contributory and comparative negligence could prove dispositive” (20)
Robin Kundis Craig – Procedural Techniques
“Plaintiffs have brought over 1,500 climate-related lawsuits worldwide, and the number of claims filed continues to increase. Without effective non-judicial mechanisms providing compensation for climate-related loss and damage, plaintiffs have filed lawsuits seeking financial remedies from high-emitting corporations for losses suffered due to climate change. Robust scientific evidence is critical to the success of such claims” (651) “The existing literature suggests that there are real challenges to satisfying causation tests in climate-related litigation. In our view, at least some of these challenges can be addressed by better exploiting scientific developments, particularly in the field of climate change attribution. It is therefore crucial that plaintiffs have access to this science, and that this evidence is brought to the attention of courts.” (654) “Establishing a defendant’s contribution to plaintiffs’ losses has presented a key challenge in cases in which causal claims have been adjudicated. However, current scientific methodologies enable quantifying individual emitters’ marginal contributions to extreme weather events and slow-onset changes.” (654)
Rupert Stuart Smith – Filling the Evidentiary Gaps
“Courts can act a powerful accelerant to flame the adaptation revolutions…” (2) “A finding of criminal or civil liability can spur laggards in adaptive behavior to move more quickly.” (2) “Attribution science could support a determination that a corporation … breached their duty of care to avoid foreseeable harm.” (5)
“Jump-starting the fight against climate change: The Courts” by Alice C. Hill
“CJP has been the subject of interest from some politicians and segments of the media.” Regarding Fox News report on leaked messages: “we do not have any concerns about the substance of the messages,” but “they are able to identity you [JLCS judges] as a member of the group… if you would like to see the messages you sent, I am happy to send them to you.”
July 28, 2025 Email from Jared Mummert (ELI) to JLCS Listserv
Mass ELI donation appreciation email received by Judge Linda Warner
Judge Warner Donation to ELI
“I saw that you haven't accepted the group listserv invitation yet, so I wanted to reach out in case you have any questions about it. While joining is, of course, optional, it is a great way to stay in touch with your 17 JLCS colleagues who have already joined and have been sharing information through the group. If you would like to be re invited to the group, please let me know and we can resend the information.”
10.7.22 Roth Email to Judge Warner
“I saw that you accepted the invitation, welcome to the group listserv! Many of your colleagues from the Judicial Leaders in Climate Science program have been sending updates on their action planning, so I'm glad you'll be able to participate in those conversations. On that note, we're planning to send out a document with a description of everyone's action plans in January. We want to make sure to include a summary of your plan in the update. At Woods Hole, you mentioned you were interested in getting someone from OSU to speak to a group of judges. Is this still something you're interested in doing? We'd be more than happy to talk through any ideas or share resources if that would be useful.” “Here are a few examples that your colleagues have shared with us: • Judge Toro and Judge Huergo are working together to organize an in-person judicial session on climate science in June; • Judge Montalbano has proposed 3 sessions for the Sept. judicial conference in a letter to his Chief Justice; and • Judge Knight is working with us to develop a 2-part series on climate science, impacts, and litigation trends in Maryland (Spring webinar, followed by a daylong session in September).”
12.21.22 Roth Email to Judge Warner
Judge Valencia reflects on JLCS’s programming, and describes how she picked a “local expert” for a presentation she prepared: at first, she wanted to bring in an “older professor from a more conservative region of the state,” but “began coordinating with NJC and ELI,” who convinced her to use a “professor at the University of Utah (which is considered a more liberal college than Utah State), [and who] appears very young.”
2024.09.23-Follow up from Woods Hole-6
CJP presentation given to Oregon judiciary
10.18.23 “Climate Litigation in Oregon” Presentation
“I’m questioning whether we’d want the separate slide about the Multnomah County case (slide 11); it may be enough that it gets mentioned on slide 8….”
9.5.23 Austin Email to Duncan
Memo on Oregon climate cases shared with CJP co-presenters by Justice Duncan.
Memo_-_Climate_Litigation_in_State_Court_9-13-2023_RAD (1)
“Attached here are two of our curriculum modules, Overview of Climate Litigation and Procedural Techniques. I'm also attaching a one-page advertisement for the CJP website and our other curriculum modules. We would be very grateful if you could also include this one-pager with the materials.”
9.19.23 Doherty Email to Duncan
Advertisement shared with Oregon judges describing CJP as offering “objective, neutral seminars, courses, and education programs for the judiciary.”
CJP One-Pager
“Wishing you the best with your program today! We are excited to hear all about it. As a part of that debrief, we track the judges we interact with and especially gather any feedback from the programs we’re involved in. Specifically, we look for a headcount, an attendance list, and any evaluations (which I am sure you’ll be eager for, as well). Once you have these, please pass over as much information as you are comfortable sharing.”
10.18.23 Mummert Email to Duncan
“[The presentation to the Oregon judiciary] helpfully pointed [attendees] to resources (including the CJP’s educational modules)… There were 242 judges registered to attend [out of 393 in the state]… I’ve asked the conference organizers for an attendance list and will send it along if they provide it.”
10.20.23 Duncan Email to ELI
“This most recent iteration of the [National Climate Assessment] report contains good news and bad news. The bad news is that the impacts of climate change are being felt throughout all regions of the United States, and these impacts are expected to worsen with every fraction of a degree of additional warming . . . The good news is that the report also notes that it isn’t too late for us to act.”
11.15.23 Doherty Email to CliSciLeaders
Presentation given to Oregon judiciary, discussing “major emitters” and climate cases.
10.18.23 Climate Litigation in Oregon ENR Presentation
“My term as a sitting judge comes to an end this weekend. However, in part because I will have more time to devote to the task than others might, I hope, and intend, to stay involved in the efforts of this group going forward.”
12.28.22 Cunningham Email to Judges
“[I]t sounded like some of the attendees [of the Oregon judicial conference] were letting you know about other conferences or opportunities… keep CJP posted” because “I’m sure that CJP would love to know about those for purposes of tracking their outreach,” since climate issues are “in some of our state courts already.” “ELI may follow up on the contacts I made with Judge Tookey on the Court of Appeals and Judge Manicke on the Tax Court. If we can provide anything to help any of you with your ongoing work, just let me know.”
10.20.23 Thank You Emails
“The [Oregon judicial] conference organizers would like to know if you'd be okay with the presentation being recorded. I had told them that we didn't want it recorded, but they are following up because the sessions are usually (but not always) recorded. They've proposed recording the presentation, but not the Q and A, so people can speak more freely (which is one of the things we wanted to make sure the attendees could do).”
9.29.23 Recording Email
“While one judge suggested establishing a learning management system where sessions could be recorded and materials available, another offered a word of caution about those who want to try and disqualify a judge trying to use judicial education to do so.”
Jan 24 Reunion Call Notes_For Judges
CJP Advisory Committee agenda item: “Attacks on CJP/positive narratives,” and link to Guardian article “with respect to the narratives around CJP.”
Jarryd Page Email (6_2_2025)
CJP Advisory Committee agenda items: “Attacks on CJP/positive narratives,” and “2000 judges reached – what’s next?”
Mummert Email to CJP Curriculum Advisory Committee (6_5_24)
Forwards email with database “to help environmental NGOs and public-interest lawyers address questions of fact that commonly arise in legal challenges against new fossil fuel projects.” Database funded by “Climate Litigation Network.”
Ebi Email to Hanle (11_6_2023)
“Therefore, at least two fundamental questions must be explored, perhaps in a courtroom: ‘How much risk (likelihood times unavoidable damage) is intolerable?’ and ‘How can anybody be assured that any accepted temperature target (e.g., 1.5 or 2.0 degrees Celsius) or atmospheric concentration threshold (e.g., 350 parts per million) or personally articulated intent will continue to be sustained when both the likelihood and consequences of a breach are changing and therefore unknown?’”
Climate Science for Judges: Risks and Costs of Climate Change (Jan. 2023)
“To find out if we are really making a difference—and how we can advance change more proactively—we have engaged the evaluation firm, Mathematica.” “We have been immensely encouraged by the reception of our work in the judicial and scientific communities. In developing relationships with both, we are bridging a critical gap in the preparation of judges to hear climate-related cases. Such support breathes life into the highest goal of the project—to help the judiciary build a body of law that appropriately addresses climate change.”
Climate Judiciary Project Progress Report (Oct. 2022)
“21 states and Puerto Rico decided to participate, and we were very pleased that all but one of our target states (where cases were being brought) opted in.” “The program develops both their leadership skills and their knowledge of climate science, and it then explicitly charges them to become ambassadors to their judicial colleagues in the states.” “We believe it is vital that these judges have a working knowledge of health impacts of climate change.”
Paul Hanle email to Ebi (6/28/2022)
“Excellent to hear of the progress you have been making. I would be honored to join the discussion for a day, if that is an option. I am working with climate scientists in the UK on detection and attribution who are also engaged in court cases on attribution of extreme events to climate change.”
Kristie Ebi Response to Hanle (6/27/2022)
“Ultimately, the impact of the lessons we offer will be in the full range of judicial decisions, grounded in facts and evidence, and their impact on the market environment for clean-energy development. Our purpose is not to influence individual decisions but rather to give judges the tools and context they need to make informed judgments illuminated by the scientific content. The best short-term measures of success we have found in CJP are the number and depth of lessons delivered to judges, the number and jurisdictions of judges participating, and judges’ evaluation of the usefulness of the information, especially as manifested in requests for further support and resources to continue their education activities.”
ELI/CJP: Expanding to Support the Clean Energy Transition
Map of JLCS participant jurisdictions
Judicial Leaders in Climate Science Cohort Map
Honorarium from ELI to CJP Curriculum Committee member.
$2,000 Honorarium to Kristie Ebi from ELI (8/19/2022)
“CCI is a non-profit that provides support to those seeking to hold fossil fuel companies accountable…”
CCI email to Ebi (4/28/2023)
“The work you are doing is of vital importance to the future of humanity and the planet, and so we are extremely grateful that you would allow us to share it with this influential audience”
Email from Hanle to Ebi (9/22/22)
“You might recall that the topic of detection and attribution was of high interest to both JLCS cohorts. To keep judges abreast of the latest science in this fast-moving field, we published a brief supplemental paper to our existing module, which describes recent developments in attribution science and how the science is informing litigation and state legislative action.”
Email from John Doherty (ELI) to JLCS (3/6/25)
“Because it is a pending case, we cannot comment on the pending issues (Code of Jud. Conduct 21-210, ‘a judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of the matter pending ...’ Please Read!) or its merits. While the Rule applies more to the intent to effect, or prohibit advisory opinions, we still need to be careful.” “I do think it would be worthwhile to provide you specific feedback about how we put the program together, how to present to an audience of judges without running afoul of ethical restrictions (giving advisory opinions, commenting on pending cases, etc) or political minefields by presenting factual, officially recorded information that for the most part should be common knowledge.”
Judge Bryant (NM) and Manuel Arrieta (NM) (6/4/24)
Judge Arrieta: “I do think it would be worthwhile to provide you specific feedback about how we put the program together, how to present to an audience of judges without running afoul of ethical restrictions (giving advisory opinions, commenting on pending cases, etc) or political minefields by presenting factual, officially recorded information that for the most part should be common knowledge. In summary, the presentation turned out better than we anticipated. We hope to do it again next year with a little more coordination.”
7.19.25 Email from Page to Judge Arrieta
“I look forward to continuing to our effort to address the application of the rule of law to issues of climate change.”
Email from Michael Wilson (HI) to Paul Hanle (1/21/20)
Call invitation for climate activists and plaintiff affiliates
Email from Denise Antolini to CCI et al. (4/29/2019)
“Over the last several years, the number of lawsuits related to effects of climate change has grown … for decisions to be rationally based, they will increasingly need to reflect assessment and awareness of a changing climate.”
Email from Fulton and ELI Report 2019 (Fulton)
Judge Wilson: [regarding leaked Judge Randolph statement on CJP]: “I’ve had two people bring it up… as a question about whether judges should be involved… Frankly, it angers me.” Judge Wilson: “Your efforts to provide education become more important with each passing day of growing carbon emissions and acceleration of global warming. Please let me know if there is anything I can do to help. A law review article responding to the notion that judges have no duty to protect the earth from climate change is one possibility, but I leave to your better judgment whether it may polarize rather than help.” Fulton: “We appreciate the effort to go to bat for ELI on this, but think our interests are best served at the moment by standing down. . . We think Judge Randolph is likely an outlier in the judicial community on this and that the reporting thus far has left him looking as such.”
Fulton to Judge Wilson (HI) and Judge Benjamin (Brazil) (8/20/19)
“Will Client Earth be shown as a sponsor? I’m kind of hoping not, given their advocacy profile. There may be some issues for us if we are seen as financing an event that serves as a platform for Client Earth.” “Re ClientEarth, they are not sponsoring the Chinese delegation - Dmitri has been vital to securing the participation of the Chinese judges. At this point, ClientEarth is not listed in the Programme anywhere, but we will acknowledge his help verbally. Is that OK?” “All good to know. I think a verbal acknowledgment of Dimitri and Client Earth would be fine. That’s consistent with my thought of keeping it a bit under the radar. Fingers crossed that we get a better turnout from the [Chief Justices].” “Perhaps use Whats App to ping us for dates/ideas as we plan ahead (Iʻm really try to get off email - haha!).”
2.26.20 Second Global Symposium - ELI & ELP
Moderated by Judge Serge Georges. Shouts out “members of the NJC family” from “red” states. “Not to be a wet blanket, but aren’t we still the #2 emitter?”
2/15/24 Online Training at 5th National Climate Assessment (Video)
E-Binder for JLCS Cohort 1 conference (September 2022)
The NJC E-Binder for “Judicial Leaders in Climate Change” (Sept. 2022)
E-Binder for JLCS Cohort 1 conference (March 2022)
The NJC E-Binder for “Judicial Leaders in Climate Change” (Mar. 2022)
E-Binder for JLCS Cohort 2 conference (2024)
The NJC E-Binder for “Judicial Leaders in Climate Change” (2024)
“These notes were prepared for Judge Thomas S. Durkin by the Climate Judiciary Project for a presentation to Vermont judges on March 31, 2023.” “The state of Vermont has one of the cases in the high-profile city/county/state v. fossil fuel company cases.”
5b. Climate Litigation Notes - Vermont
Slides created by CJP for Judge Durkin to present to the Vermont judiciary
5b. Climate Litigation Slides (CJP) - Vermont
“These notes were prepared for Judge Thomas S. Durkin by the Climate Judiciary Project for a presentation to Vermont judges on March 31, 2023.”
5b. Climate Science – Vermont
“I also wanted to follow up on the listserv invite - unfortunately we cannot add you manually. You need to accept via the invitation we can send. Should we send another invite? (Apologies if we missed something on this earlier.) There have been a few nice exchanges there and it would be good to have you in that loop!”
2022.12.20 Roth “Checking In” Email to Judge Jackson
“Secondly, you might recall that the topic of detection and attribution was of high interest to both JLCS cohorts. To keep judges abreast of the latest science in this fast-moving field, we published a brief supplemental paper to our existing module, which describes recent developments in attribution science and how the science is informing litigation and state legislative action.”
3.6.2025 email from Doherty to JLCS re: CJP Curriculum Updates
Judge Arrieta: “I do think it would be worthwhile to provide you specific feedback about how we put the program together, how to present to an audience of judges without running afoul of ethical restrictions (giving advisory opinions, commenting on pending cases, etc) or political minefields by presenting factual, officially recorded information that for the most part should be common knowledge. In summary, the presentation turned out better than we anticipated. We hope to do it again next year with a little more coordination.”
20250724-Re_ Climate Science Program in New Mexico 1.pdf
Form letter to Chief Justices for JLCS nominations: “To participate in Judicial Leaders in Climate Science, each judge designee must commit to the following activities during the year from March 2022 through March 2023: (1) attending two, in-person conferences (one in Reno, Nevada in March 2022 and the other at a location TBD planned for September 2022); (2) completing course evaluations for these two sessions; (3) participating in occasional online programs on specific climate science topics, discussing case law developments in their respective jurisdictions, as well as sharing updates on state-specific activities; and (4) investing in developing activities to build the capacity of their state judiciary on climate change and climate science to apply the course curriculum.”
CJ New Mexico Invite Leadership Climate (12.9.21)
New CJP program outline
CJP Energy Transition Curriculum Outline (May 2025)
Archived webpage with judicial “CJP Ambassadors”DESCRIPTION
CJP_AmbassadorsPage_Archive)_240519
Agenda items: “Scope – Future research topics and additional modules.” “Range – How to expand its appeal to widest range of judicial philosophies.” “Dissemination – How to put material in the hands and heads of judges who need it.” “Prudence – How to maintain neutrality, avoid pushback, and deal with pushback from partisan critics when it comes.”
Fall 2023 CJP Curriculum Advisory Committee Meeting Agenda
Agenda item: “Attacks on CJP/positive narratives”
Jarryd Page Email (6_2_2025)
List of judges who attended September 2024 Rhode Island Judiciary conferenceDESCRIPTION
RI 2024 Conference Attendence List
“You provided a summary of [Sen. Whitehouse’s] remarks prior to the event (below). Would it be ok to include that summary in the portfolio Judge Montalbano is preparing for the Environmental Law Institute?” “George said it's fine to use the senator's remarks.”
9.23.24 Montalbano ELI Portfolio EmailTITLE
“I'm reaching out because Judge Montalbano has been added to the fall 2024 judicial conference. There are three, 35-minute sessions to fill, addressing (1) science and data (2) specific local climate change issues and (3) climate trends. Do you have any guides or other resources we might use for planning purposes?”
11.10.23 CJP Resource Emails
“Judge Montalbano and I have been working to assemble the panel for the judicial conference and we could use some guidance selecting our final speaker. We have confirmed that Sen. Whitehouse will be speaking. Per his office, his remarks will focus on the intersection of dark money, climate change and the corporate capture of the US Supreme Court.” “To that end, we are considering asking either Michael Oppenheimer (your recommendation) or Nathan Vinhaterio, the Science Director at the URI Coastal Institute… Might you have any input into who might best suit our needs?” … “I would suggest Professor Oppenheimer. We would be pleased to reach out to him if you decide to go that route!”
Feb 2024 ELI, RI, and Oppenheimer Emails
Draft of remarks to Rhode Island judicial conference
Sen Whitehouse Draft Remarks
Rhode Island court staff’s Request for draft of Sen. Whitehouse’s remarks to Rhode Island judicial conference
1.12.24 Emails Between Montalbano and Whitehouse Staff
“The Senator's remarks will focus on the intersection of dark money, climate change and the corporate capture of the U.S. Supreme Court.”
1.16.24 Emails Between Montalbano and Whitehouse Staff
“Sandy and I want to express our gratitude to you for taking the time and effort to present to ELI’s Judicial Leaders in Climate Science in Woods Hole last week. We received many comments from the judges about the quality of the presentations, and especially on your excellent session on climate attribution. Attribution is such an important part of proving the causal chain in a case—thank you for explaining it! We know how busy you are and sincerely appreciate your willingness to give our program priority over the many other demands that are placed on you. The work you are doing is of vital importance to the future of humanity and the planet, and so we are extremely grateful that you would allow us to share it with this influential audience. I know I speak for all of the judges in saying thank you with deepest appreciation.”
9.22.2022 Email from Paul Hanle to Reed
Doherty: “I also wanted to reach out about the last discussion point on your presentation regarding potential ‘conflicts of interest.’ We want to assure you that there is no conflict of interest from a legal perspective, and that this is not likely something that judges will be concerned about. As such, we'd encourage you to focus the discussion on the scientific material as much as possible.” Reed: “I can reframe the Conflict of Interests discussion, it is more a philosophical question of why attribution science isn't more widely used and NOT a COI for judges, lawyers, etc. It was meant to reference that attribution studies ONLY exist if they are funded and that the lack of an attribution analysis of a specific event does not imply a lack of a connection to climate change. Further, there is a conflict of interest in that governments in the developed world fund most of this work and their countries are those responsible for most emissions (and therefore the attribution could be linked to them). I think this is an important point related to event attribution.”
Doherty: “Thank you for your explanation—it does make sense the way that you describe it. I think our concern was that a "conflict of interest" might be confusing to the audience members, who may understand that phrase in a different way. That said, we agree that the point you make about the existence of anthropogenic forcing of events that haven't been formally studied or quantified, particularly in the developing world, is absolutely a valuable one.”
Doherty: “Thank you for your explanation—it does make sense the way that you describe it. I think our concern was that a "conflict of interest" might be confusing to the audience members, who may understand that phrase in a different way. That said, we agree that the point you make about the existence of anthropogenic forcing of events that haven't been formally studied or quantified, particularly in the developing world, is absolutely a valuable one.”
9.9.2022 Doherty and Reed Emails
“I am happy to do this and thanks for sending Ben [Santer]'s presentation, I will certainly use a couple similar slides when possible to make the right connections!”
8.25.2022 Email from Reed to Sarah Roth
Honorarium from ELI to CJP presenter
$2,000 Honorarium from ELI to Reed
“Adam Sobel at Columbia suggested I write you regarding the possibility of your speaking to a distinguished group of judges in September. I am the founder of a program based at the Environmental Law Institute to educate US judges on science and law related to climate change. As I was ending my tenure as President of Climate Central in 2018, the need for such a project became evident, and I started it with the help of several leading scientists, legal scholars, and judges who agreed the time was right. Michael Oppenheimer, Steve Pacala, Chris Field, Michael Gerrard and numerous others continue to be close advisors.” “21 states and Puerto Rico decided to participate, and we were very pleased that all but one of our target states (where cases were being brought) opted in. The program develops both their leadership skills and their knowledge of climate science, and it then explicitly charges them to become ambassadors of climate science to their colleagues in the states… We believe it is vital that the judges have a working knowledge of climate change attribution that may come to bear in cases they and their colleagues will hear, and so we have scheduled a portion of the program for a leading scientist to speak to the topic and lead a discussion of attribution with the judges.”
8.16.2022 Email from Paul Hanle to Reed
“Interesting piece in the Times today on attribution using threshold and demographic analysis. Sounds like it makes a good case for climate justice.”
8.26.2022 Email from Paul Hanle to Reed
Email chain with JLCS judges regarding “Rising Seas and Litigation” webinar featuring Chief Justice Recktenwald and Professor Rob DeConto: Judge Cahill: “Do I have your permission to send this to our judicial ed committee for possible distribution to all judges?” John Doherty: “That would be amazing, and thank you so much for offering to do so! We would absolutely welcome any additional distribution through all of your judicial networks, if at all possible.”
3.29.23 Doherty Email to Cahill et al.
“I am writing at the suggestion of Michael Oppenheimer to introduce a project [CJP] that I believe you will be interested in.” “We enlisted the Federal Judicial Center and the AAAS as partners, and have run a pilot program of five seminars last year that established a proof of concept.”
4.20.2020 Email from Hanle to Ebi
“[H]ow could we improve the framing of the concepts?” “[H]ow can we best push participant’s thinking and understanding while remaining neutral, and without crossing the lines of material appropriate for programs with judges?”
6.17.2020 Thiam CJP Curriculum Launch Email
“During the impacts portion of the program, including Christopher Schwalm's overview and your talk, we will also have small group discussions with groups of judges digging in on specific impacts and litigation they are seeing or are anticipating in their states. Each small group has a scientist or two as a resource person for the session. In addition to your talk, would you also sit in with a small group discussing various kinds of heat impacts?”temp
9.2.2022 Email from Thiam to Ebi
“Questions our Curriculum Seeks to Answer To Help Judges in Climate-Related Cases”: “How do differences in judicial philosophies affect judicial views of how far courts should go in climate cases?” “Can courts rely on scientific information that is not 100% certain or that cannot show causation with absolute certainty?” “What is the role of climate science in establishing standing of plaintiffs?”
9.28.2020 CJP Curriculum Draft
“I hope you are well and able to savor the fruits of your work in this moment of renewed climate action, despite the terrible impacts of climate change that we have seen in the last few weeks. But I write on another topic—to ask your help once again for our Project. We are planning to organize a two day educational program for climate scientists in February of 2023 on how to communicate climate science to judges. The program aims to equip mid-career climate scientists with the teaching approaches and perspective that they need to communicate their research to judicial audiences who stand to benefit from their expertise if they do it well. As you know, climate litigation is rapidly growing in the U.S. The adjudication of climaterelated cases often requires judges, who do not usually have a scientific background, to learn from experts in various climate science disciplines. In order to help the judges be able to weigh scientific evidence and understand its consequences, we are planning this short course to introduce climate scientists to legal norms and best strategies for communicating their work.”
10.5.2022 Email from Hanle to Ebi
“Having had the opportunity to be the first participants of this program, you are uniquely qualified to mentor judges in the second cohort. You may be contacted to participate as a mentor depending upon factors, such as geography, jurisdiction, and more. If contacted, we will invite you to mentor participating judges from your state/territory or region. If you accept our invitation, we will connect you with your mentee(s) and ask that you have at least one conversation with them in 2024. You and your mentee can determine the frequency of future conversations. We will discuss this mentor program in January and welcome your thoughts and questions.”
12.18.23 Mummert to CliSci
“Please feel free to pass any of these modules on to your colleagues!” “These modules are designed and written specifically with judges in mind, so we hope you will explore them, and more importantly that you will find them useful!” “We'll be following up with you individually to see about additional dissemination and educational opportunities surrounding the curriculum.”
Jan. 2023 Jarryd Page CliSciLeaders Emails
Judge Mann: “Are the individual papers, such as the overview of climate litigation, copyrighted and assuming so, what is the process to obtain permission to distribute. I am speaking to the Environmental Bar Association in May and would love to be able to provide this as a handout.” Jarryd Page: “We're delighted to hear that you're interested in sharing the modules… If anybody else plans to share the modules, to the extent you're able to send any details about who you have shared them with, that will be helpful for determining how many folks the curriculum is reaching.”
Feb. 2023 Mann and Page CliSciLeaders Email
John Doherty: “We are so pleased to announce that the Climate Judiciary Project has launched a new resource website for judges, where judges may go to access our curriculum materials, sign up for events, and learn about other scientifically credible sources of climate information… the website is uniquely designed for judges to learn about the various climate topics that might be relevant to them. We'll be sharing this website with our larger judicial and academic networks soon, but we wanted to give you all a ‘sneak peek’ at it first. To obtain full access to all of the resources on the website, we are asking that judges register and select the option to be a ‘Verified Member’ by checking the box when you do… This will enable you to view exclusive items on the website that are intended for judges only, such as registration for our judicial education programs.” Judge Scheele: “Indiana's judiciary held its annual spring conference last month in Indianapolis, which included a morning session (3 hours) on an introduction to climate science and the Hoosier State. Here's a big THANK YOU to Sandy Thiam, Charlie Cunningham, Jarryd Page & John Doherty for making that program happen & be the success it was. We presented in a panel format, consisting of Sandy, Charlie, Purdue University's Dr. Matthew Huber (Professor of Earth, Atmospheric and Planetary science), Indiana Judge James Joven (who presides over an environmental docket) and me. After some brief introductions, Sandy presented on national & regional trends on climate science/law, followed by Dr. Huber's stellar presentation on climate science, our changing climate and its global, regional & local impacts. Charlie & Judge Joven & I chimed in throughout to provide judicial context-but it was Sandy and Dr. Huber who carried the day. Our audience was interested, engaged and readily participated throughout. I believe the topic was well-received and an appetite exists for future climate-related sessions. Sandy & Jarryd & John were invaluable in recruiting Dr. Huber's assistance (as well as other local experts/academics). Special thanks also go to Sandy and Charlie for traveling some distance to get here to educate our IN judges.”
May-June 2023 CliSciLeaders Emails
List of CJP Advisory Committee Members. Excludes Judge Robie.
CJP Advisory Committee Member Bios
CJP data tracking website users, locations, module downloads, and users who are “members of the judiciary” or “Judges & Judge-Adjacent.”
CJP by the Numbers
Attaches program description sent to Chief Justice: “The program is designed especially for judges with experience or interest in climate litigation, in states where climate litigation is likely, as well as for judges more broadly with a role in judicial education.”
1.18.24 Email from Brandt to McCabe
“Here’s the list of participating states and the states that are a priority for us (in bold).”
2.6.24 Email from Brandt to Eurie
“Since December 2023, CJP staff have participated in the planning and/or faculty at 10 events hosted by partner organizations and judicial institutes… More than 200 judges participated in these events, bringing the total number of judges trained by the Project since its inception to more than 2000.” “It was recommended to work through the “doers” at the state judicial institutes and gain support of the Chief Justices (bottom-up approach) rather than NJC starting with the Chief Justice…. In addition to NJC, we are reengaging and seeking other partners, such as the Federal Judicial Center, Berkeley Judicial Institute, and the American Association for the Advancement of Science.” “Criticism of CJP”: “The Committee discussed the attention that CJP has received from Senator Ted Cruz and certain media outlets and others.” “Two suggestions for validation of our approach were the judges we’ve trained and state judicial education institutions who are providing their own (like CA).” “The general sentiment was that the Project is responding appropriately to the pushback and should continue its approach.”
6.12.24 CJP Committee Call Notes
Contains list of Vermont judges who attended Judge Durkin’s presentation.
3.31.2023 Vermont Presentation Email
“As for the substance of the program, these judges are engaged in a year-long course which teaches them both leadership skills and climate science and the goal is that at the end of the program, they will agree with following four statements:” “I see myself as part of, and am excited to engage with, a growing network of judicial leaders in climate science.” “I feel confident that I understand basic climate science, impacts and the law and that I have the ability to apply that knowledge to cases that involve issues of climate science.” “I feel confident that I have the leadership skills to be a resource for and provide guidance to my colleagues on issues of climate science and impacts as well as the related litigation, regardless of their perspective on the issues.” “I am committed to using my knowledge and leadership skills to educate my colleagues about basic climate science, impacts and the law so that they too are able to apply that knowledge to any climate litigation that comes before them.”
July 17 24 Email Mummert to Hulst re goal of CJP program
“The Judiciary is neither a scientific community nor a branch of government that sets or influences climate policy. I therefore declined to create or give a presentation relating to the materials presented in the JLCS program. Giving a presentation about a scientific viewpoint which might become the subject of litigation would, in my opinion, be potentially disqualifying.”
2025-11-28 Cover Letter_Redacted
Attaching the “year-end progress report of the Climate Judiciary Project.”
11.8.2022 Email from Hanle to Ebi
“Hi Don, Thank you again for agreeing to review the attached module for the Climate Judiciary Project.
6.30.2022 Email from Wuebbles to Page
“The Climate Judiciary Project of the Environmental Law Institute provides case relevant science to judges likely to hear cases related to climate change.”
6.16.2020 CJP Curriculum Development Plan
“I am a legal fellow at the Center for Climate Integrity (CCI)… Our work intersects in an interesting way and I would love the opportunity to discuss… CCI is a non-profit that provides support to those seeking to hold fossil fuel companies accountable for the harms they have caused through their historic and ongoing climate deception.”
4.28.2023 Email from Ebi to Spoelman
“We are preparing a communication for your Chiefs to thank them for your participation in the program and to let them know about the next steps… As we discussed during the next steps session, there are a set of next steps for this program. On September 12 - 14, we will be convening for our second in-person seminar in Woods Hole, Massachusetts for three days consolidating our leadership learning but delving more deeply into climate science and specific climate science topics.”
3.24.2022 Email from William Brunson to Keith Fisher and Others
“Among our content offerings is a series of webinars we deliver in partnership with the National Judicial College, the official educational institution for educating state judges.”
12.21.2022 Email from Doherty to DeConto
“The program develops both their leadership skills and their knowledge of climate science, and it then explicitly charges them to become ambassadors to their judicial colleagues in the states.”
6.28.22 Email from Hanle to Ebi
“I would be honored to join the discussion . . . I am working with climate scientists in the UK on detection and attribution who are also engaged in court cases on attribution of extreme events to climate change.”
8.2.22 Email from Ebi to Hanle
Presentation: Leadership and Managing Change
3.14.22 NJC Tait Presentation
“Congratulations on your Chief Justice’s nomination for you to join the Judicial Leaders in Climate Science Program at The National Judicial College!”
2.6.24 Email from Brandt to Ford
Emails between JLCS Cohort 1 judges and CJP staff throughout 2022 and 2023
JLCS Cohort 1 Emails
Agenda for JLCS Cohort 1 Zoom reunion call
6.16.2023 JLCS Online Reunion Agenda
“The National Judicial College (NJC) is pleased to collaborate with the Environmental Law Institute’s Climate Judiciary Project in launching Judicial Leaders in Climate Science to build capacity in state and territorial judiciaries to respond to challenges posed by climate change… The curriculum will focus on judicial leadership skills training integrated with climate science topics and climate-related litigation and jurisprudence.” “In general, by registering for this innovative program… you are agreeing to the following four commitments,” including “discussing case law developments in your respective jurisdictions, as well as sharing updates on state-specific activities and leadership progress.”
2.7.2022 Email from Fisher to Cahill
Schedule for Rhode Island Judiciary 2024 Fall Conference
9.20.2024 RI Schedule
Michael Oppenheimer’s presentation at the Rhode Island Judiciary 2024 Fall Conference
Science and Data on Rising Seas in Rhode Island
Article shared by New Mexico JLCS judge
9.21.2023 NM Water Supply Article
Notes from JLCS judge on federal water law
Federal Jurisdiction in Water Law
Notes from JLCS judge on New Mexico water cases
Climate Change in NM Water Law (1)
Research materials from New Mexico JLCS judge
Climate Change in NM Water Research 3
Additional notes from JLCS judge on New Mexico water cases
Climate Change in NM Water Law (2)
Additional research materials from New Mexico JLCS judge
Climate Change in NM Articles and Statutes
Article by JLCS judge
Shot Off the Saddle: New Mexico Water Law Meets Climate Change
Climate law research materials from JLCS judge
A Different Front Arises: Conservation for Interstate Commerce
Article by Judge Appleby
Utah Water Law Article
Article shared by JLCS participant
Utah Will Soon Have Water Judges Article
Notes from JLCS judge on New Mexico tort and water law
Suits Against the County
Pre-conference materials for 2022 NJC New Mexico water law conference
Dividing the Waters: 2022 Pre-Conference
Conference binder for 2022 NJC New Mexico water law conference
Dividing the Waters: 2022 General Conference_Redacted
“I am pleased to advise you that as the selected participant from the State of New Mexico, I have just completed the Environmental Law Institute’s Climate Judiciary Project which launched the ‘Judicial Leaders in Climate Science’ (JLCS) program to build capacity in state judiciaries to respond to the challenge of climate change. I was designated to this program by then-Chief Justice Michael Vigil in 2021. The program was a year-long curriculum of judicial leadership skills training integrated with climate science topics generally relevant to climate-related cases for a select group of U.S. judges. I was fortunate to be one of the 22 state judges who completed the JLCS program to become certified.” “In order to meet its objective of building capacity in state judiciaries to prepare them for the increasing numbers of state climate cases, JLCS has established a mandate for participants to take on a leadership role to advance the understanding of climate science and related legal issues among their peers in their respective states.”
10.6.2022 Letter to Chief Justice Bacon
“Legal issues touching on climate science which are, or soon will be, on state court dockets.”
New Mexico JLCS Notes
Additional water law research from JLCS judge
Other Innovations in Western Water Law
“Judicial – Legal Adaptation to Climate Science… Findings of civil or criminal liability which often spurs socially adaptive behavior.” “Types of Climate Science Litigation” include “Social Justice.”
Climate Litigation: The Future Is Now NM Presentation
Official group photo of JLCS participants at NJC
JLCS Class Picture
Climate presentation given by JLCS judge in Puerto Rico
3.9.2023 Judge Cardoso Presentation
“Goal: Educate the judiciary on CS and interplay with NM water law; advocate to include CS with water law.”
Judge Manuel Arrieta Action Plan to Educate Judiciary on Climate Science
Judge Manuel Arrieta’s proposed presentation by himself, ELI, and a climate scientist at the 2024 New Mexico Judicial Conclave
Judge Manuel Arrieta Climate Change Presentation Proposal
Snapshot of CJP website listing Judges Manuel Arrieta, Charlie Cunningham, Travis Laster, and Lissette Toro Velez
CJP Judicial Ambassadors List
Proposal for Judge Arrieta Water Law presentation to Water Law Judges
NM Law and Judicial Education Center Training Template for Judge Manuel Arrieta
“They fund CJP to train judges….in climate science and make them agreeable to creative climate litigation tactics.”
2025 Fox News Article About Sen. Cruz condemning CJP's Judicial Capture
Judge Manuel Arrieta agreement to participate in ELI seminar.
2022 Agreement by Judge Manuel Arrieta to Participate in ELI seminar
In September 2022, Judge Arrieta completed the Environmental Law Institute’s Climate Judiciary Project which launch the first ever “Judicial Leaders in Climate Science” (JLCS) program to build capacity in state judiciaries to respond to the challenge of climate change. The program was conducted through the National Center for State Courts.
Judge Manuel Arrieta ELI Biography
Article noting that water judges are selected by chief judges or a judicial council and participate in trainings and courses such as Dividing the Waters offered by the National Judicial College
2022 Law360 Article About Water Judges Being Trained by NJC