Wisconsin judge refuses to dismiss lawsuit against Bloomberg-funded assistant AGs with eco-agenda

A Wisconsin judge has given the green light to a lawsuit filed by dairy industry groups against the state’s Justice Department and attorney general, who entered into an agreement with one of New York University School of Law's climate activism projects, which is funded by billionaire Michael Bloomberg’s foundation Bloomberg Philanthropies. 

The program in question provides funding for “special assistant” staffers in state attorneys general offices. The lawsuit argues that since the goal is to further the center’s climate advocacy, the arrangement amounts to the state granting attorney general authorities to a special-interest group. 

Forbes Magazine's "2025 Billionaire List" places Bloomberg as the 14th wealthiest person in the world, with a net worth estimated at $105 billion. His financial news organization, Bloomberg News, also publishes a "Billionaire's Index" of what it calls "a daily ranking of the world's richest people." Mike Bloomberg's name is conspicuously absent from that list.   

Wisconsin Attorney General Josh Kaul, a Democrat who signed the deal with the center in 2021, had filed a motion to dismiss the lawsuit, but Calumet County Circuit Court Judge Carey Reed earlier this month denied the motion. Since taxpayer funds pay the special assistant’s travel expenses, bar dues and court fees, Reed ruled, the plaintiffs have a legally protected interest in challenging the contract with NYU. 

"Plaintiffs appear to be opposed to both how the fellow was acquired and what she will do in her role. These parties clearly have adverse interests. Plaintiffs have a legal interest to contest governmental actions leading to what they believe is an illegal expenditure of taxpayer funds,” the judge wrote. 

"Beyond carbon"

The State Energy & Environmental Impact Center at NYU was founded in 2017 with a $6 million grant from Bloomberg Philanthropies. Michael Bloomberg has spent large amounts of money to advance his climate advocacy. Through his foundation, he provided $1 billion of his own money to “Beyond Carbon,” a program managed by the Sierra Club with the goal of blocking consumers from using energy from coal and natural gas, which would in turn advance the wind and solar industry.

The center, which isn’t named as a party in the lawsuit, was created as a response to the first Trump administration’s efforts to deregulate environmental policies. According to its website, it “supports the work of state attorneys general in defending, enforcing, and promoting strong laws and policies in the areas of climate, environmental justice, environmental protection, and clean energy.” 

Plaintiffs: "Nothing in life is free"

The center’s fellowship program provides “special assistant” staffers in state attorneys general offices. E&E News reported in 2022 that the program funded attorneys in at least 10 states and the District of Columbia. The program paid the $90,000 per year salary of a special assistant attorney general within the Wisconsin attorney general’s office, appearing to offer her services for free. However, the lawsuit against the Wisconsin DOJ argues, “nothing in life is free.” 

The assistant attorney, the lawsuit explains, exercises the same authority exercised by any other assistant attorneys general at the Wisconsin DOJ. The unit in which the special assistant works is involved in litigation, permitting and regulatory enforcement that can result in legal fees and fines against dairy farmers and other industries. 

“Such an arrangement between a special interest group and a Republican Attorney General would be just as outrageous and unlawful. It is not difficult to imagine how a ‘Second Amendment Fellow’ deputized as a SAAG [Special Assistant Attorney General] by the Gun Owners of America would be received. Or an ‘Anti-Abortion Fellow’ empowered to act on behalf of the State while being paid by the National Right to Life. The illegal agreement challenged here is no different in principle,” the lawsuit argues. 

The lawsuit claims the arrangement is illegal and violates the state’s constitution. 

Questions of impartiality 

Reed’s ruling follows a formal probe by the House Oversight Committee into NYU’s State Energy and Environmental Impact Center’s fellowship program. In a July letter to Bethany Davis Noll, executive director of the center, Rep. James Comer, R-Ky., serves on the Oversight Committee and notes that the center’s advisory council includes executives from the “green” energy industry who have an interest in undermining oil and gas companies. 

While Comer doesn’t name them, the council includes Alicia Barton, CEO of Vineyard Offshore, the developer of Vineyard Wind, a massive offshore wind project. After a blade broke off one of the turbines and littered the beaches of Nantucket with sharp and toxic debris last summer, the island’s residents have grown increasingly hostile to the project. The council also includes Virginia Lacy, senior director of philanthropic services for Energy Innovation, which advocates for climate policies including the advancement of the wind and solar industry. 

Comer also points out Bloomberg’s efforts to “shut down every coal-fired plant in the country” as part of his “Beyond Coal” campaign. This, Comer argues, raises questions about whether the center and the fellowship program is as nonpartisan as it claims. He points out that none of the center’s fellows are working for Republican attorneys general offices. 

Comer: "Targeting unfavored industries"

“The State Impact Center’s database strongly indicates that the program prioritizes Democratic policies, such as protecting Biden Administration regulations, attacking Trump Administration executive orders, and targeting unfavored industries such as natural gas and petrochemicals,” Comer stated. 

To assist with the investigation, Comer requested that NYU's Noll provide documents and communications regarding the placement of its fellows in state attorney general's offices, communications between those offices and the center, and communications between the center and Bloomberg Philanthropies. 

Just the News reached out to the State Energy and Environmental Impact Center for comment on the letter, but didn’t receive a response.