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New Report Exposes The Hidden Costs of Climate Lawfare

Power The Future, along with economist E.J. Antoni, released a new report, Who Really Pays? The Consumer Cost of Climate Litigation and “Climate Superfund” Legislation in the United States, exposing the massive hidden price tag Americans could pay for nationwide climate lawsuits. The report finds that if every pending lawsuit and proposed law succeeded, the burden on the American energy system could reach $280 billion a year, adding roughly 41 cents to the price of every gallon of gasoline.

As first reported in Fox News,

“The report examined more than 300 pending lawsuits, three state “climate Superfund” laws, 12 state legislative proposals and one federal bill. Its estimate reflects a “full-success scenario” in which all of those measures prevail; it does not predict that they will.

The analysis counted each lawsuit only once and excluded duplicate filings. In fact, Antoni said the estimate may be conservative because some lawsuits do not specify the damages they are seeking, leaving potential court awards open-ended.”

Among the report’s key findings:

  • If every pending lawsuit and superfund law succeeded, the total annual cost to the American energy system could reach $280 billion, as much as $2,111 per household per year, or $21,108 over the next decade.
  • The costs would land directly on consumers: as much as 41 cents more per gallon of gasoline and up to an 8.6% increase in electricity rates.
  • The campaign spans more than 300 distinct legal actions, three enacted state “climate superfund” statutes, a dozen additional state legislative proposals, and one pending federal bill.
  • One proposed federal bill alone would impose a $100 billion-a-year assessment on energy producers. Those costs are virtually certain to be passed on to consumers.
  • Low-income households already spend 9.1% of their income on energy, nearly four times the 2.4% spent by other households, meaning they would be hit hardest by these added costs.
  • The report finds no scenario in which the cost to consumers is zero.

Power The Future is calling on Congress to pass the Stop Climate Shakedowns Act, which would end retroactive climate lawsuits and “climate superfund” laws before they can drive up energy prices on American families.

September 30, 2026