litigation Archives - Common Sense with Paul Jacob

The latest attempt to hamper our ability to do things? A series of lawsuits against oil companies for allegedly committing global warming. The plaintiffs want billions and billions to be extracted from these companies for fueling civilization.

Litigation before the Supreme Court, Suncor v. Boulder County, is “one of the most consequential energy cases in decades,” argue Michael Toth and Sarah Harbison in the New York Post.

Boulder County is just one of many seeking to make oil and gas companies fork over massive damages.

To whom? Entities like Boulder County.

The high court’s response will help determine the viability of future such litigation and “whether the United States remains an energy superpower.”

Energy superpower status is not what people trying to drive their cars and heat their homes at a reasonable cost are worried about. If the court accepts the plaintiffs’ reasoning, the sky’s the limit as far as the liability of the energy industry.

And those new sky-high liability costs for gas and oil providers will result in new sky-high costs for you and me.

Looting all of us is fine with lawsuit supporters like David Bookbinder of Environmental Integrity Project. “This is a rather convoluted way to achieve the goals of a carbon tax,” Toth and Harbison claim. “The people who use the products pay for the damage that they cause.”

The Post’s authors urge the Supreme Court to “shut down” this attempt to circumvent the Constitution. And confirm that U.S. energy policy “can’t be dictated by local lawsuits.”

This is Common Sense. I’m Paul Jacob.

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Stark Protectionism

The markets of the ancient world were often sewn up by kings and courts and priesthoods. In Egypt or Assyria or Rome, you had to pay off a guild to practice a trade, at least if yours was a common craft, and even ask permission of the sovereign.

Closed entry was the norm, and it certainly contributed to the age’s forbidding pyramid of wealth (which overshadows present One Percenter concerns): Vast hordes of the very poor and the “just scraping by”; tradesmen; slaves to the landed and wealthy; and then the very few rich and powerful. In Europe, this system opened up, in fits and starts, after the fall of Rome, but the basic idea was retained in the policy of mercantilism, against which Anders Chydenius, Adam Smith, and the exponents of laissez faire argued so persuasively. The social advantages of competition for customers and laborers and capital became widely recognized.

And yet free trade never won full sway anywhere.

Cut to today. Dateline: St. Louis, Missouri.

Michael Munie wanted to go into the moving business, but needed the permission of . . . his competitors.

This, the very opposite of “free enterprise,” is the living embodiment of mercantilist “public-private” collusion, where the state secures existing businesses from “upstart” competitors in what Timothy Sandefur calls “an especially stark example of legislative protectionism.”

So, best wishes to Mr. Munie’s lawsuit, Munie v. Skouby, and the Pacific Legal Foundation, which has helped him bring it. Freedom requires the breaking down of barriers to business entry. Always has. Always will.

This is Common Sense. I’m Paul Jacob.