Just ahead of the Thanksgiving holiday, Maine Attorney General Aaron Frey showed his appreciation for the industry that supplies about half of his state’s residents with the fuel to warm their houses in winter – a larger share than any other state – and about 41 percent of the state’s electricity generation by filing a climate lawsuit that seeks to pin the blame of global climate change on a handful of American energy companies. The move comes less than a month after an election where the American people overwhelmingly rejected policies that have led to an increase in domestic energy costs. Unsurprisingly, Maine is represented by Sher Edling LLP, a law firm under investigation by Congress over its dark-money funding.
The lawsuit follows a Maine municipality’s rejection of a similar lawsuit proposal. After being pitched by the Rockefeller-backed Center for Climate Integrity (CCI), Democratic Bar Harbor town council members scrapped the idea, correctly observing that that litigation would be “almost like we’re suing ourselves,” and that “the ultimate payers will be the consumer.”
Bar Harbor was smart to take a pass – the politically-motivated Maine Attorney General, not so much. Maine’s lawsuit comes amid a particularly difficult time for supporters of the nationally coordinated climate litigation campaign. For example, the City of Baltimore’s climate lawsuit was rejected this summer, Baltimore County refused to file a suit, Maryland state legislators have expressed strong skepticism of such litigation, and there’s been rising opposition to lawsuits from labor groups.
Maine Lawsuit Has Long Been Targeted by Rockefeller Groups
AG Frey, who is seeking a fourth term from the Maine legislature this year despite a tenure that has been mired in a personnel scandal, has long been the target of an intense lobbying campaign from Rockefeller-backed groups. For years, Frey had resisted this pressure, but with the legislature’s selection of a new Maine AG imminent, his move may largely be perceived as something of a political Hail Mary to appeal to progressive members the legislature who may be eager for a fresh face in the role.
The Bangor Daily News saw straight through Frey’s political play, writing:
“Frey teased his move in a letter to Democratic lawmakers earlier this month in support of his bid to keep his job.”
CCI has long targeted Maine during Frey’s time in office, including a major push in 2020, when the group teamed up with the Union of Concerned Scientists to host a public webinar with local legal and activist leaders, fielded a poll designed to encourage litigation, and sponsored an ad campaign.
Additionally, since 2016, the state’s attorney general’s office has been a member a multistate legal agreement, which included then-California AG Kamala Harris, as part of a plan hatched by the Rockefellers to pursue frivolous climate lawsuits against energy companies.
However, after failing to nudge the AG’s office, CCI shifted its focus in recent years from statewide advocacy to working with towns on Mount Desert Island (MDI), particularly Bar Harbor. In 2024, CCI proposed assisting Bar Harbor and nearby communities in initiating lawsuits against energy companies. However, the Bar Harbor Climate Emergency Task Force dropped the idea in May, citing consumer costs as a primary concern.
Election Results Showed Mainers Fed Up With Inflation and High Energy costs
While the Maine AG may be trying to save his job, this lawsuit may end up doing the exact opposite. Traditionally a Democratic-leaning state, Maine shifted right in this year’s election as voters listed the economy, inflation, and energy prices, as some of their top concerns.
Yet, AG Frey seemingly fails to understand that attacking American energy companies will only exacerbate these issues. If he’s interested in a lesson on the adverse effects of litigation, he should look no further than California, which boasts the highest gas prices in the country and has seen an exodus of revenue and job creators in the state following a series of aggressive policies and litigation.
Sound public policy coupled with a robust energy industry will help keep prices affordable, but frivolous lawsuits will only limit production of the fuels that Mainers need to fill up their car and heat their homes during the state’s notoriously cold winters.
Bottom Line: Mired in controversy, AG Frey is clearly trying to salvage his job by filing a lofty new lawsuit that is bound to generate headlines. However, while this move may generate praise from academics in Cambridge or Los Angeles, the American people have had enough of politicians attacking energy companies for their own gain.
