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FLORIDA RECORD

Friday, April 19, 2024

Attorney general and activism under scrutiny, Florida faces decision in close race

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TALLAHASSEE - Free market thinkers and those who believe in some government intervention are involved in an increasingly sour battle over the issue of climate change.

And one political office now under scrutiny are the attorneys general of the states, including Florida.

The wrangle centers on whether a state should become involved in suits against fossil fuel companies over accusations that they are financially responsible for some of the future costs of climate change.

But those adamantly against these moves counter with the question of how can direct liability, under any law and precedent, be pinned on any particular company. There also is the wider argument over the extent of human's culpability for climate change, and, among some, whether it is happening at all.

Into this charged debate comes Chris Horner, a senior fellow with the free market and libertarian think tank, the Competitive Enterprise Institute.

Horner has been investigating the nexus between private donors, including former New York Mayor Michael Bloomberg, lawyers, and attorneys general offices in various states. And he does not like what he sees.

Donors are introducing plaintiff lawyers to attorneys general offices, which are then briefed on the benefits of launching "state causes of action against major carbon producers," according to a report authored by Horner and published earlier this month.

This is an "obviously mercenary use of law enforcement office," he told the Florida Record. There has been a campaign to release public records relating to the connections since a March 2016 press conference attended by "nearly twenty state AGs, along with 'green investor' and policy activist Al Gore."

The conference was intended "to launch a campaign to use law enforcement offices to assist the climate litigation industry in going after opponents of their political agenda."

"That effort collapsed under the scrutiny of FOIAs and subsequent media attention, but was reconstituted and given a home late last year by Michael Bloomberg," Horner said.

"Since that announcement, I have been pressing OAGs for records detailing how such an obviously mercenary use of law enforcement office came about," he added.

"The report details this, and the adoption and extension of two funding models we discovered in the past year."

Donors, he said, "place privately funded staff in elected offices" and "fund a network of off-books staff, PR firms and report writers at the politicians' disposal, running it through a non-profit."

In Florida, the race to be the next attorney general to succeed term-limited Pam Bondi is close.

In a recent poll, details of which were published last week, Republican Ashley Moody leads Democrat Sean Shaw by 46 percent to 44 percent, with the rest undecided. It was commissioned by Florida Politics, St. Pete Polls, and Empowering Wellness.

Moody has not yet publicly addressed the issue of climate change, but, according to her policy priorities published on the campaign website, said she wants to "work with private sector and business leaders."

On other issues, according to the campaign website, Moody wants to use her office to enforce laws, secure borders, protect against activist judges, and defend the separation of powers, She is "100 percent pro life," and wants to "fiercely protect religious freedom" and, on opioids, "relentlessly pursue ways to fight the battle on all fronts, in all available jurisdictions."

Shaw is more upfront on his disposition on climate change. In an interview earlier this year, he said he was open to suing fossil fuel companies, or other suspected polluters, over the costs of potential sea level rises linked to climate change, according to a report in the Tampa Bay Times.

The question over whether an attorney general will be "activist" or not, on climate or otherwise, is raised.

Shaw said the office of the attorney general "should be Florida's top watchdog." He, according to his policy priorities, wants to work with law enforcement for safer schools and neighborhoods and advocates "zero tolerance for public corruption."

He wants to "go after drug traffickers" but believes in expanding treatment and prevention. Shaw also believes in action against "hate crimes and workplace discrimination."

Moody's campaign funds were drained by a bruising primary battle. As of Aug. 31. the Friends of Ashley Moody committee had a balance of $25,000, according to the Tampa Bay Times.

Shaw had close to half a million in cash in hand. 

According to votesmart.org, a non-partisan organization that tracks campaign cash and position, Moody had raised $3.6 million to Shaw's $1.4 million in the lead up to last month's primary election.

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