Enemies of Energy: Earthjustice

Editor’s note: The following is an excerpt from Enemies of Energy, a research report created for the Capital Research Center. The page for the full report is here: Enemies of Energy.

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“Because the Earth needs a good lawyer,” is the official Earthjustice motto. Another brief, and much more revealing, slogan can be created by mashing up subject headings from their “50 Landmark Legal Cases” page: ^[i]

End extraction and burning of fossil fuels.

Power everything with 100% clean energy. [ii]

Earthjustice is the public interest law firm for the American anti-energy movement. Its list of clients runs into the hundreds. Just a few examples of some of the biggest clients include the Sierra Club, Greenpeace, the Natural Resources Defense Council, the Environmental Defense Fund, the World Wildlife Fund and the League of Conservation Voters. [iii]

Earthjustice is registered as a 501(c)(3) tax exempt public interest law firm and was known as the Sierra Club Legal Defense Fund until 1997. (An affiliated advocacy nonprofit, Earthjustice Action, was created in 2018.) Sierra and Earthjustice were always separate NGOs, and today Earthjustice is nearly as influential—some might argue more so, given its unique place as the legal defender of other large anti-energy groups.^[iv]

In the tax filing covering the year ending June 2024, Earthjustice reported revenue of $139.6 million and net assets of $244 million. The NGO has reported at least $100 million annual revenue every year back through 2019. That’s a standard of financial consistency unmatched by many of today’s best funded anti-energy NGOs, such as the League of Conservation Voters and the Rocky Mountain Institute. ^[v]

Hypocrisies

“We are cultivating a zero carbon emissions, pollution-free electricity grid by phasing out fossil-fuel power generation, eliminating barriers to renewable energy, and more,” boasts Earthjustice. But like many of their clients, Earthjustice has also objected to emissions-free energy options that don’t fit its definition of “renewable.” [vi]

One example is nuclear power, which produces no emissions and—unlike weather dependent wind and solar—is abundant, reliable, and limitlessly scalable. Not coincidentally, nuclear reactors have for decades been the largest source of emissions-free energy produced in America.

In 2017 the Public Utilities Commission of Ohio (PUCO) granted electricity firm FirstEnergy permission to collect higher rates and use the proceeds for electricity grid upgrades. The Sierra club objected, claiming the funding was a “bailout” for FirstEnergy’s coal and nuclear power plants. Earthjustice took on the case for Sierra and in June 2019, in a 4-3 vote, the Ohio Supreme Court overturned the PUCO decision. The decision was based on the Court’s belief that the PUCO didn’t include guardrails to ensure that FirstEnergy would spend the money as claimed. The fiercer accusation that this was a “bailout” was made by the Sierra Club and Earthjustice. [vii] [viii]

Not that they’re opposed to bailouts.

As one example, the Biden-administration’s so-called “Inflation Reduction Act” (IRA) was largely a subsidy for wind and solar energy production, electric vehicles and more of the anti-energy movement’s priorities. Before it was partially repealed by the Trump administration, multiple analysts had projected the IRA’s cost to federal taxpayers would hit at least $1.2 trillion (with some projecting trillions more than that). Both the Sierra Club and Earthjustice enthusiastically supported the IRA subsidies, but referred to the loot not as a “bailout,” but instead an “investment.” [ix]

The hypocrisy didn’t deter the victorious Earthjustice lawyer in the PUCO case: [x]

FirstEnergy wants massive corporate welfare and expects hardworking families in Ohio to pay for it. Ohioans want clean energy investments that will create jobs, not bailouts of aging and costly coal and nuclear plants.  Ohio should do more to boost its clean energy supply because it doesn’t create toxic pollution, safety risks, or harm the climate. ^[xi]

Similarly, in December 2024, Ohio Gov. Mike DeWine (R) signed legislation that added nuclear power to the state’s definition of “green” energy. These legal distinctions are created because anti-energy groups want to prioritize the production of wind and solar power systems. So naturally, the Ohio anti-energy groups opposed the competition. A representative of the Ohio Nuclear-Free Network told lawmakers that “there is nothing ‘green’ about nuclear power.” [xii]

A local news report quoted an Earthjustice lawyer sympathetic to this cause:

House Bill 308’s sponsors say the legislation is meant to signal that Ohio is open for business when it comes to nuclear power research and development, but critics warn the language could have broader implications in the future.

“Legislators don’t just put something into the code unless it has meaning and purpose and value,” said Megan Hunter, an attorney with Earthjustice, one of several environmental groups challenging a similar 2022 state law that classified natural gas as a “green” energy source. “Why would you do this if it has no impact or meaning or effect?” ^[xiii]

Save the whales

When an NGO claiming to protect the environment opposes nuclear power, that is always a hint that they are committing other energy hypocrisies. Earthjustice is not an exception.

The noise, increased vessel traffic, and other disturbances required to anchor offshore wind turbines to the ocean floor off the East Coast has coincided with a spike in injuries and fatalities for endangered North Atlantic right whales. Documented cases since 2017 have led the National Oceanic and Atmospheric Administration (NOAA) to declare an “unusual mortality event.” And NOAA estimates the documented harms are only a third of the total injuries and fatalities. [xiv]

Correlation doesn’t necessarily mean causation, and NOAA (i.e.: the federal government) has so far pushed back against claims that offshore wind projects have harmed right whales. But non-governmental researchers and some wildlife advocates have been arguing otherwise. A January 2024 research paper from the Save Right Whales Coalition and sponsored by Environmental Progress claimed a “direct correlation between increased OSW [offshore wind] vessel activity and whale mortality.” [xv]

If the rushed (and taxpayer subsidized) construction of offshore oil and gas platforms had been correlated with the deaths of endangered whales, then it’s easy to imagine Earthjustice and its clients jumping in to conclude the risk of causation was too big to ignore and seeking to shut down energy production.

But it’s not necessary to imagine. Here’s two quotes from Earthjustice’s 2021 annual report: [xvi]

In its search for petroleum, the oil industry acquires authorizations that allow companies to “incidentally” harm whales and other animals when blasting the ocean floor with seismic air guns. Earthjustice and a broad coalition of marine wildlife advocates spent two years in litigation fighting authorizations for air gun surveys in the Atlantic Ocean. Last year, Big Oil surrendered. The industry’s authorizations expired before it could start even a single survey. This was welcome news for ocean-dependent communities and wildlife, notably the critically endangered North Atlantic right whale.

[…]

In December 2020, we won a five-year fight to vacate the Bureau of Ocean Energy Management’s approval of the giant Hilcorp Liberty oil and gas project in the Beaufort Sea. The proposed project was in the heart of polar bear habitat and would have been the first offshore oil drilling development in federal Arctic waters. This court win has not only stopped the Liberty project, but it has also set an important precedent that is helping us defeat other fossil fuels development, including the massive Willow drilling project proposed in the Western Arctic. ^[xvii]

“Save the whales” is an iconic slogan from the early days of what was once the American conservation movement. Selling out the whales for wind turbines demonstrates just how far today’s anti-energy movement has moved from its roots.

PDF hyperlink to full report

Endnotes

[i] “50 Landmark Legal Cases.” Earthjustice. Accessed February 18, 2026. https://earthjustice.org/feature/landmark-cases

[ii] “50 Landmark Legal Cases.” Earthjustice. Accessed February 18, 2026. https://earthjustice.org/feature/landmark-cases

[iii] Our Clients. Earthjustice. Accessed February 18, 2026. https://earthjustice.org/our-work/clients

[iv] About Earthjustice. Earthjustice. Accessed February 18, 2026. https://earthjustice.org/about

[v] Earthjustice. (EIN: 94-1730465). ProPublica Nonprofit Explorer. Accessed February 19, 2026. https://projects.propublica.org/nonprofits/organizations/941730465

[vi] “Our Work.” Earthjustice. Accessed February 18, 2026. https://earthjustice.org/our-work

[vii]  Walton, Robert. “Ohio Supreme Court rejects FirstEnergy’s grid modernization charge.” Utility Drive. June 20, 2019. Accessed February 18, 2026. https://www.utilitydive.com/news/ohio-supreme-court-rejects-firstenergy-grid-modernization-charge-seen-as-co/557209/

[viii] “Ohio Supreme Court Overturns FirstEnergy Customer-Funded Nearly $600 Million Bailout.” Earthjustice. June 19, 2019. Accessed February 18, 2026. https://earthjustice.org/press/2019/ohio-supreme-court-overturns-firstenergy-customer-funded-nearly-600-million-bailout

[ix] Lambermont, Paige. “The true cost of the Inflation Reduction Act.” Competitive Enterprise Institute. March 21, 2025. Accessed February 18, 2026. https://cei.org/blog/the-true-cost-of-the-inflation-reduction-act/

“Harnessing the Power of the Inflation Reduction Act.” Sierra Club. Accessed February 18, 2026. https://www.sierraclub.org/harnessing-power-inflation-reduction-act

“Earthjustice Celebrates Two Year Anniversary of the Inflation Reduction Act.” Earthjustice. August 16, 2024. Accessed February 18, 2026. https://earthjustice.org/press/2024/earthjustice-celebrates-two-year-anniversary-of-the-inflation-reduction-act

[x] “Ohio Supreme Court Overturns FirstEnergy Customer-Funded Nearly $600 Million Bailout.” Earthjustice. June 19, 2019. Accessed February 18, 2026. https://earthjustice.org/press/2019/ohio-supreme-court-overturns-firstenergy-customer-funded-nearly-600-million-bailout

[xi] “Ohio Supreme Court Overturns FirstEnergy Customer-Funded Nearly $600 Million Bailout.” Earthjustice. June 19, 2019. Accessed February 18, 2026. https://earthjustice.org/press/2019/ohio-supreme-court-overturns-firstenergy-customer-funded-nearly-600-million-bailout

[xii] Kowalski, Kathiann M. “A symbolic gesture or Trojan horse? Ohio groups question purpose of ‘green’ nuclear bill.” Ohio Capital Journal. January 2, 2025. Accessed February 18, 2026. https://ohiocapitaljournal.com/2025/01/02/a-symbolic-gesture-or-trojan-horse-ohio-groups-question-purpose-of-green-nuclear-bill/

[xiii] Kowalski, Kathiann M. “A symbolic gesture or Trojan horse? Ohio groups question purpose of ‘green’ nuclear bill.” Ohio Capital Journal. January 2, 2025. Accessed February 18, 2026. https://ohiocapitaljournal.com/2025/01/02/a-symbolic-gesture-or-trojan-horse-ohio-groups-question-purpose-of-green-nuclear-bill/

[xiv] “2017–2026 North Atlantic Right Whale Unusual Mortality Event.” National Oceanic and Atmospheric Administration | Fisheries. Accessed February 19, 2026. https://www.fisheries.noaa.gov/national/marine-life-distress/2017-2026-north-atlantic-right-whale-unusual-mortality-event

[xv] LINOWES, LISA; and ERIC TURNER. “AN INVESTIGATION of LARGE WHALE MORTALITY and OFFSHORE WIND DEVELOPMENT ACTIVITY IN THE U.S. SINCE 2015.” Save Right Whales Coalition | Environmental Progress. January 18, 2024. Accessed February 19, 2026. https://environmentalprogress.org/big-news/2024/1/18/wind-industry-activity-strongly-correlated-with-whale-deaths-new-study-finds

“Frequent Questions—Offshore Wind and Whales.” .” National Oceanic and Atmospheric Administration | Fisheries. Accessed February 19, 2026. https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-life-distress/frequent-questions-offshore-wind-and-whales

[xvi] “50 Years.” Earthjustice 2021 annual report. Accessed February 19, 2026. https://earthjustice.org/wp-content/uploads/earthjustice-annual-report-2021.pdf

[xvii] “50 Years.” Earthjustice 2021 annual report. Accessed February 19, 2026. https://earthjustice.org/wp-content/uploads/earthjustice-annual-report-2021.pdf

Source: https://capitalresearch.org/article/enemies-of-energy-earthjustice/