Federal Judiciary Removes Climate Science Chapter from Evidence Manual After GOP Pushback

09 February 2026

The U.S. federal judiciary has withdrawn a climate change chapter from its newly updated Reference Manual on Scientific Evidence, following objections from Republican state attorneys general who argued the section was biased against fossil fuel interests.

The chapter had been included in the fourth edition of the manual, released in December by the Federal Judicial Center (FJC), the judiciary’s research and education arm. The manual serves as a key resource for federal judges assessing complex scientific testimony in court.

The climate section, authored by Columbia Law School scholars Jessica Wentz and Radley Horton, was intended to help judges evaluate expert evidence related to climate science, including issues of causation and attribution that are increasingly central to climate litigation.

In a letter dated January 29, 27 Republican attorneys general led by West Virginia Attorney General JB McCuskey contended that the chapter placed the judiciary “firmly on one side” of disputed scientific and legal questions. They criticized its methodology and argued that the authors’ affiliations and prior work signaled bias toward climate-related lawsuits against oil and gas companies.

In a brief communication on Friday, the FJC confirmed it had decided to remove the chapter. The center declined further comment, and the authors did not respond publicly.

The move comes amid a broader surge in climate litigation, with Democratic-led states and municipalities pursuing cases accusing fossil fuel companies of misleading the public about climate risks. Republican-led states have strongly opposed such lawsuits.

Notably, a foreword to the manual by Supreme Court Justice Elena Kagan still references climate science as one of the emerging areas judges are likely to confront, underscoring the growing legal relevance of the issue despite the chapter’s removal.

The decision highlights intensifying political tensions over how courts engage with climate science, particularly as climate-related cases expand across U.S. jurisdictions.

Judiciary-level climate-science recognition affects how climate-linked liability and disclosure disputes get adjudicated, and it feeds through into insurance and lender pricing well before individual cases resolve. Our sustainability-due-diligence teams help clients evaluate what these developments mean for litigation-risk disclosure.

Subscribe to our monthly newsletter
Talk to the Cognitud team →
Latest News
Dubai Launches Initiative to Redistribute Surplus Food from Weddings and Events
10/27/2026

• 𝘛𝘩𝘦 𝘜𝘈𝘌 𝘍𝘰𝘰𝘥 𝘉𝘢𝘯𝘬 𝘢𝘯𝘥 𝘋𝘶𝘣𝘢𝘪’𝘴 𝘊𝘰𝘮𝘮𝘶𝘯𝘪𝘵𝘺 𝘋𝘦𝘷𝘦𝘭𝘰𝘱𝘮𝘦𝘯𝘵 𝘈𝘶𝘵𝘩𝘰𝘳𝘪𝘵𝘺 (𝘊𝘋𝘈) 𝘩𝘢𝘷𝘦 𝘴𝘪𝘨𝘯𝘦𝘥 𝘢𝘯 𝘢𝘨𝘳𝘦𝘦𝘮𝘦𝘯𝘵 𝘵𝘰 𝘤𝘰𝘭𝘭𝘦𝘤𝘵 𝘢𝘯𝘥 𝘳𝘦𝘥𝘪𝘴𝘵𝘳𝘪𝘣𝘶𝘵𝘦 𝘴𝘶𝘳𝘱𝘭𝘶𝘴 𝘧𝘰𝘰𝘥 𝘧𝘳𝘰𝘮 𝘸𝘦𝘥𝘥𝘪𝘯𝘨𝘴 𝘢𝘯𝘥 𝘦𝘷𝘦𝘯𝘵𝘴. • 𝘛𝘩𝘦 𝘪𝘯𝘪𝘵𝘪𝘢𝘵𝘪𝘷𝘦 𝘸𝘪𝘭𝘭 𝘧𝘰𝘭𝘭𝘰𝘸 𝘢𝘱𝘱𝘳𝘰𝘷𝘦𝘥…

India Explores Battery Storage as Rooftop Solar Expansion Challenges Power Grids
10/26/2026

<ul><li><i>India’s rooftop solar capacity reached 30.7 GW in July 2026, increasing the need for better grid management and flexibility.</i></li><li><i>Kerala and Maharashtra are exploring battery ener…

EIB Group Pledges €30 Billion for Climate Adaptation by 2030
10/23/2026

• 𝘛𝘩𝘦 𝘌𝘐𝘉 𝘎𝘳𝘰𝘶𝘱 𝘱𝘭𝘢𝘯𝘴 𝘵𝘰 𝘱𝘳𝘰𝘷𝘪𝘥𝘦 𝘢𝘵 𝘭𝘦𝘢𝘴𝘵 €30 𝘣𝘪𝘭𝘭𝘪𝘰𝘯 𝘧𝘰𝘳 𝘤𝘭𝘪𝘮𝘢𝘵𝘦 𝘢𝘥𝘢𝘱𝘵𝘢𝘵𝘪𝘰𝘯 𝘣𝘦𝘵𝘸𝘦𝘦𝘯 2026 𝘢𝘯𝘥 2030. • 𝘛𝘩𝘦 𝘯𝘦𝘸 𝘵𝘢𝘳𝘨𝘦𝘵 𝘥𝘰𝘶𝘣𝘭𝘦𝘴 𝘢𝘥𝘢𝘱𝘵𝘢𝘵𝘪𝘰𝘯 𝘧𝘪𝘯𝘢𝘯𝘤𝘪𝘯𝘨 𝘤𝘰𝘮𝘱𝘢𝘳𝘦𝘥 𝘸𝘪𝘵𝘩 𝘵𝘩𝘦 𝘱𝘳𝘦𝘷𝘪𝘰𝘶𝘴 𝘧𝘪𝘷𝘦-𝘺𝘦𝘢𝘳 𝘱𝘦𝘳𝘪𝘰𝘥. • 𝘍𝘶𝘯𝘥𝘪𝘯𝘨…