OPINION:
New York Attorney General Letitia James has announced a new woke lawfare target: America’s beef producers.
On Feb. 29, Ms. James announced she is suing America’s largest beef producer – JBS USA – for its greenhouse gas emissions and for JBS publicly asserting it cares about the environment. In light of Ms. James’ abuse of power to target persons and businesses she ideologically opposes, it is time for attorneys general in red states to give woke persons and businesses a taste of their own medicine.
While announcing her suit, Ms. James claimed animal agriculture is a significant contributor to global greenhouse gases and that beef production is the most significant contributor to animal agriculture’s emissions. Ms. James also claimed JBS is misleading consumers concerned about climate change by making net-zero pledges she claims JBS is unlikely to meet in 2040.
“When companies falsely advertise their commitment to sustainability, they are misleading consumers and endangering our planet,” said Ms. James.
Apparently, targeting individuals like former President Donald Trump for their conservative beliefs is not enough for Ms. James. Even so, at least Mr. Trump has had some meaningful connection to New York. JBS is based in Colorado, and its only connection to New York is that some people in New York are not vegetarians and like to purchase JBS products.
What goes around comes around, which is why red-state AGs should apply Ms. James’ tactics against some of the left’s favorite people and businesses.
Electric vehicle (EV) manufacturers market EVs for supposed environmental benefits. However, EVs require lithium batteries, which need materials that are mined at horrific environmental expense utilizing child labor in impoverished countries. Also, recent research shows electric vehicles produce more toxic pollution per mile driven than conventional automobiles. By Ms. James’ legal rationale, these are prime targets for red state lawsuits.
Wind and solar companies publicly claim they are good for the environment, but in reality, they are prime fodder for a Ms. James-style lawsuit. Wind turbines and solar panels require lithium, cobalt, and rare earth minerals that inflict massive environmental damage and utilize slave labor. Wind turbines and solar panels also require razing massive amounts of otherwise undeveloped land to produce the same amount of power as conventional energy sources.
Climate activists claim air travel – and especially private jets – are among the worst climate villains. Mark Cuban claims to be an environmental champion as he flies on his private jets – yes, that’s private jets in the plural – and also flies his Dallas Mavericks basketball team on a third private jet.
Matt Damon, Oprah Winfrey, Harrison Ford, and other entertainment divas fly on private jets while misleading their audiences that they care about the environment. Many in their audience are amenable to watching these virtue-signalers because they claim they are committed to protecting the environment. By Ms. James’ logic, those are additional ripe targets for red-state lawsuits.
These are just a few potential targets in a target-rich environment. According to Ms. James’ rationale, each person or business builds an environmentally friendly brand under false advertising that misleads consumers.
When Ms. James announced her suit against JBS, many Democrats and climate activists applauded her woke lawfare tactics. Expect other woke AGs to follow Ms. James’ lead. As ridiculous as the JBS lawsuit is, Ms. James knows she has endless government money and resources to throw into such suits, while the targets of her political lawfare must raise their own money to defend themselves. Moreover, Ms. James knows New York City juries will likely render any verdict she desires, regardless of the facts or the law.
So, what keeps red state attorneys general from applying Ms. James’ rationale and tactics against the left? Until and unless red state AGs step up to the plate and give leftists a taste of their own medicine, this woke lawfare abuse will continue unabated and will likely gain momentum.
It is well past time for red state AGs to give conservative jurors in Florida, Missouri, Arkansas, Texas, Wyoming, Nebraska, and elsewhere a chance to similarly apply lawfare against the political left. The only difference is that red-state lawsuits would be based on actual harm inflicted on consumers, whereas Ms. James’s lawsuits are obviously frivolous.
• James Taylor (JTaylor@heartland.org) is President of The Heartland Institute.
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