Canadian policymakers should quickly rethink our energy and climate policies

In the wee hours of Nov. 6, Donald Trump provided a subtle but clear signal about the direction he will pursue as president regarding climate policies. In his victory speech he gave a nod to Robert F. Kennedy Jr.’s decision to join forces with MAGA saying, “He wants to do some things, and we're gonna let him go to it. I just said, but Bobby, leave the oil to me. We have more liquid gold, oil and gas. We have more liquid gold than any country in the world. More than Saudi Arabia. We have more than Russia. Bobby, stay away from the liquid gold.”

People need to understand that Trump 2.0 is a different entity. He did not build his comeback movement by pandering or watering down his priorities. He reached out and either won people over to his side or sent them packing. A major example of this was Elon Musk, who during the first Trump administration resigned from the White House business advisory council to protest Trump’s withdrawal from the Paris climate treaty. Now Musk is all-in on MAGA and is set to play a lead role in a major downsizing of the administration.

When Trump secured the endorsement of Bobby Kennedy it was based on issues on which they could find agreement, including anti-corruption efforts and addressing the chronic disease burden. But Kennedy had to leave his environmentalism at the door, at least the climate activist part of it.

Trump’s remarks about energy during the campaign were unmistakeable. When he made the quip about wanting to be dictator for a day it was to close the border and “drill drill drill.” When asked how he would reduce the cost of living he said he would rapidly expand energy production with a target of cutting energy costs by at least 50 per cent. And on election night he reiterated: the United States has the oil, the liquid gold, and they’re going to use it.

U.S. climate policy will soon no longer be a thing. The Biden administration chose to focus on extravagant green energy subsidies under the Inflation Reduction Act. They were easy to bring in and will be just as easy for Trump to eliminate, especially the ones targeted at Democrat special interest groups. The incoming Trump administration will not settle simply for stalling on new climate action, it’s more likely to try to dismantle the entire climate bureaucracy.

In 2016 Trump did not understand the Washington bureaucracy and its ability to thwart a president’s plans. He learned many hard lessons merely trying to survive lawfare, resistance and open insubordination. It took three years for him to get a few people installed in senior positions in the climate area who could begin to push back against the vast regulatory machinery. But they simply did not have the time nor the capacity to get anything done.

This time should be different. Trump’s team has spent years developing legal and regulatory strategies to bring full executive authority back to the Oval Office so it can execute on plans quickly and efficiently. His top priority is hydrocarbon development and his team is in no mood for compromise. As to the climate issue, Trump recently remarked “Who the hell cares?”

That’s the reality. Now policymakers in Canada must decide what will be appropriate to ask of Canadians in terms of shouldering the costs of climate policies.

There’s one legal issue that Trump has thus far not addressed but that his administration will need to confront if it wants to drill drill drill. There has been an explosion of climate liability lawsuits in U.S. courts, where states, municipalities and activist groups sue major players in the fossil fuel industry demanding massive financial damages for alleged climate harms. There’s even a new branch of climate science called Extreme Event Attribution, which was explicitly developed to promote flimsy and arbitrary statistical analyses that support climate liability cases. Such cases are also popping up in Canada, including the Mathur case in Ontario, which the appellate court recently brought back from defeat.

Both Canada and the U.S. must act at the legislative level to extinguish climate liability in law. There is no good argument for letting this play out in the courts. The cases are prima facie preposterous: the emitters of carbon dioxide are the fuel users, not the producers, so liability—if it exists—should be attached to consumers. But then we would have an unworkable situation where everyone is liable to everyone, each person equally a victim and a tortfeasor. Climate policy belongs in the legislature not the courts and the “climate liability” movement is simply a massive waste of time and resources. It must be stopped.

Canada was already out of step with the U.S. in its mad pursuit of the federal Emission Reduction Plan. While the carbon tax is top of mind for voters, it’s but a small part of a larger and costlier regulatory onslaught, most recently supplemented by a new emissions cap on the western oil and gas sector. With the U.S. poised to sharply change direction, Canada now needs a complete rethink of our own energy and climate policies.