Who was behind a hacking plot against climate activists?

This photo shows the outside of Westminster Magistrates' Court in London. It's a multistory building with glass doors.

The U.S. has accused an Israeli private investigator of orchestrating a hacking campaign that targeted American climate activists. Extradition hearings for the private investigator, Amit Forlit, were held at Westminster Magistrates’ Court in London. Photo: Alberto Pezzali/AP

By Michael Copley, National Public Radio

A yearslong U.S. Justice Department investigation of a global hacking campaign that targeted prominent American climate activists took a turn in a London court this week amid an allegation that the hacking was ordered by a lobbying firm working for ExxonMobil. Both the lobbying firm and ExxonMobil have denied any awareness of or involvement with alleged hacking.

The hacking was allegedly commissioned by a Washington, D.C., lobbying firm, according to a lawyer representing the U.S. government. The firm, in turn, was allegedly working on behalf of one of the world’s largest oil and gas companies, based in Texas, that wanted to discredit groups and individuals involved in climate litigation, according to the lawyer for the U.S. government. In court documents, the Justice Department does not name either company.

As part of its probe, the U.S. is trying to extradite an Israeli private investigator named Amit Forlit from the United Kingdom for allegedly orchestrating the hacking campaign. A lawyer for Forlit claimed in a court filing that the hacking operation her client is accused of leading “is alleged to have been commissioned by DCI Group, a lobbying firm representing ExxonMobil, one of the world’s largest fossil fuel companies.”

Forlit has previously denied ordering or paying for hacking.

The Justice Department did not immediately respond to a request for comment.

According to a source familiar with the U.S. probe who was not authorized to speak publicly, the U.S. has investigated DCI’s possible role in the hacking. Reuters and The Wall Street Journal previously reported that the U.S. government has investigated DCI.

DCI lobbied for ExxonMobil for about a decade, according to federal lobbying records. NPR has not been able to confirm what, if any, links the Justice Department may have thought DCI had with the hacking campaign. NPR has not found any indications that the Justice Department has investigated ExxonMobil in relation to this case.

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Quick Tips from the Winter New Jersey WasteWise Bulletin

  • Sustainable Jersey’s municipal certification program now includes 83% of the state’s municipalities with 91% of New Jersey’s population living in these communities. www.sustainablejersey.com.
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  • In 2024, more than 150 colleges and universities from 39 states and Canada participated in the Campus Race to Zero Waste program. Rutgers University was the 2024 winner in the Electronic Waste Recycling category for total pounds recycled. For more details, visit https://campusracetozerowaste.org/.

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By Daniel T. McKillop, Scarinci Hollenbeck

On December 26, 2024, New York Governor Kathy Hochul signed into law the “Climate Change Superfund Act,” which seeks “to establish a climate change adaptation cost recovery program that will require companies that have contributed significantly to the buildup of climate change-driving greenhouse gases in the atmosphere to bear a proportionate share of the cost of infrastructure investments and other expenses necessary for comprehensive adaptation to the impacts of climate change in New York state.”  New Jersey has introduced similar legislation known as the “Climate Superfund Act.”

These new environmental laws may be even more significant in the wake of the U.S. Supreme Court’s decision to allow a Hawaii state case seeking billions of dollars from fossil fuel producers to move forward. The Court recently denied certiorari, thereby clearing the way for the case to continue in Hawaii state court and potentially indicating the justices’ intent to allow state-law climate change cases to proceed.

New York’s Climate Change Superfund Act

New York’s Climate Change Superfund Act (Act) is now law. The Act, which is modeled after federal Superfund laws, seeks to transfer the costs of addressing climate change from local governments and taxpayers to fossil fuel companies that have contributed most significantly to the buildup of greenhouse gases. As stated by the New York Legislature,  its intent is to hold “companies that have contributed significantly to the buildup of climate change-driving greenhouse gases in the atmosphere to bear a proportionate share of the cost of infrastructure investments and other expenses necessary for comprehensive adaptation to the impacts of climate change in New York state.”

Under New York’s Climate Change Superfund Act, strict liability is imposed on “responsible parties,” which are defined as those entities, including successors, that the New York State Department of Environmental Conservation (NYSDEC) determines to be responsible for more than one billion tons of greenhouse gas emissions during any part of the period from Jan. 1, 2000, to Dec. 31, 2018. Responsible parties will collectively be required to pay $75 billion ($3 billion annually) spread out over 25 years. Each party’s liability is proportionate to its share of the aggregate covered greenhouse gas emissions.

The NYSDEC is tasked with adopting implementing regulations to carry out the law, including the identification of responsible parties, the procedures for issuing notices of cost recovery demands and collecting payment on those demands, and procedures for identifying projects that would qualify as climate change adaptive infrastructure projects The agency must also adopt a “statewide climate change adaptation master plan for the purpose of guiding the dispersal of funds in a timely, efficient, and equitable manner to all regions of the state.”

New Jersey’s Proposed Climate Superfund Act

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If you like this post, you’ll love our daily environmental newsletter, EnviroPolitics. It’s packed daily with the latest news, commentary, and legislative updates from New Jersey, Pennsylvania, New York, Delaware…and beyond. Please do not take our word for it, try it free for a full month.

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NJ Assembly Environment Committee to meet on Monday, Jan 27

Monday, January 27, 2025 – 01:00 PM

Committee Room 9, 3rd Floor, State House Annex, Trenton, NJ

Chair: Assemblyman James J. Kennedy

Vice Chair: Assemblywoman Shavonda E. Sumter

BillSynopsisSponsor
A4627Allocates $7.5 million annually of constitutionally dedicated CBT revenue for preservation of land in Highlands Region; extends expiration date of special appraisal process for Green Acres and farmland preservation program; provides aid for watershed lands.Collazos-Gill, Alixon /DiMaio, John +7
A4902Directs DEP to select consultant to perform Statewide needs assessment regarding recycling of packaging products; establishes “Statewide Recycling Needs Assessment Advisory Council” in DEP; appropriates $500,000.Spearman, William W./Collazos-Gill, Alixon
A5067Requires appointment of alternate members of Peter J. Barnes III Wildlife Preservation Commission.Karabinchak, Robert J./Stanley, Sterley S.
A5153Makes annual allocation of $500,000 from Clean Communities Program Fund for public outreach concerning single-use plastics reduction program permanent.Haider, Shama A./Reynolds-Jackson, Verlina
S3466Extends expiration date of special appraisal process for Green Acres and farmland preservation program; provides aid for watershed lands.*McKeon, John F./Greenstein, Linda R. +4

If you like this post, you’ll love our daily environmental newsletter, EnviroPolitics. It’s packed daily with the latest news, commentary, and legislative updates from New Jersey, Pennsylvania, New York, Delaware…and beyond. Please do not take our word for it, try it free for a full month.

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K&L Gates law firm assesses Trump’s energy emergency order

US Policy and Regulatory Alert – Date: 22 January 2025

By David J. Raphael, Samuel R. Boden, Matthew H. Leggett, Laurie B. Purpuro, John W. Northington Jr., Cliff L. Rothenstein, Tim L. Peckinpaugh, Andrew H. Tabler, and Varu Chilakamarri

On 20 January 2025, President Trump issued an Executive Order declaring a National Energy Emergency (Order).1 Under the National Emergencies Act,2 the president may declare a national emergency that allows the government to use statutory authorities that are reserved for times of national emergencies. In other words, a national emergency declaration does not suspend or change the law except as permitted by applicable statutory emergency authorities. The relevant statutory emergency authorities are discussed below.

In summary, the Order directs agencies to utilize their statutory emergency powers to speed up development and authorization of energy projects. Notably, however, the Order defines “energy” as: “crude oil, natural gas, lease condensates, natural gas liquids, refined petroleum products, uranium, coal, biofuels, geothermal heat, the kinetic movement of flowing water, and critical minerals.” As such, the Order does not apply to solar, wind, batteries, or other energy sources not contained in the definition of “energy.”

The Order contains six substantive provisions:

Emergency Approvals

The Order directs the heads of executive departments and agencies to identify authorities to facilitate domestic energy production on Federal and other lands, including Federal eminent domain authorities and authorities under the Defense Production Act.3 This provision also directs the Environmental Protection Agency (EPA) to consider issuing emergency fuel waivers to allow the year-round sale of E15 gasoline.4

Expediting the Delivery of Energy Infrastructure

The Order directs agencies to use all relevant lawful emergency and other authorities to: (a) expedite the completion of authorized and appropriate energy projects; (b) facilitate energy production and transportation through the West Coast, Northeast, and Alaska; and (c) report on these activities to the Assistant to the President for Economic Policy.

Emergency Regulations and Nationwide Permits Under the Clean Water Act and Other Statutes Administered by the Army Corps of Engineers

The Order directs the heads of all agencies to identify planned or potential actions to facilitate energy production that may be subject to the Army Corps emergency permitting provisions and use these authorities to facilitate the nation’s energy supply.5 The Order also requires agencies to report on evaluations under this provision and directs the Army Corps and EPA to promptly coordinate with agencies regarding application of Army Corps permitting provisions.

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