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Manufacturers Urge Appeals Court to Dismiss NYC Climate Case

Washington, D.C. — The National Association of Manufacturers filed an amicus brief today in support of manufacturers who have been targeted by New York City in a lawsuit alleging they are responsible for the global challenge of climate change. The case was initially dismissed from federal court in July 2018 and is now on appeal in the U.S. Second Circuit Court of Appeals. Phil Goldberg, Special Counsel for the NAM’s Manufacturers’ Accountability Project and co-author of the amicus brief, issued the following statement:

“The National Association of Manufacturers’ is committed to protecting the environment and to environmental sustainability, and fully supports the ongoing national effort to protect our environment and improve public health through appropriate laws and regulations. The NAM has grave concerns, though, about the attempt here to circumvent products liability law and create category liability for lawful, beneficial energy products that are essential to modern life.

“This lawsuit is part of a new wave of politically-oriented litigation born out of frustration that not enough is being done, particularly in Washington, D.C., on climate change. Under all legal theories, state and federal, it is abundantly clear that there is no viable common law cause of action against private actors for harms caused by global climate change or any weather event associated with climate change. Defendants are engaged in the production and sale of lawful products essential to modern life. New York City must not be allowed to turn the promotion and sale of energy into a liability-inducing event.

“The best way to reduce climate change impacts is for governments to work with America’s manufacturers, including Defendants, on new technologies that reduce emissions and make energy more efficient and environmentally friendly. Innovation, not litigation, has been the proven way America has brought about societal-wide technological advancement. For these reasons, as well as those stated in our brief, the NAM respectfully urges the Court to affirm the Judge Keenan’s decision.”

To view the full amicus brief, click here.


The Manufacturers’ Accountability Project (MAP) will set the record straight and highlight the concerted, coordinated campaign being waged by plaintiffs’ lawyers, public officials, deep-pocketed foundations and other activists who have sought to undermine and weaken manufacturers in the United States. This campaign will pull back the curtain to expose these efforts and to hold key actors accountable in order to protect our members and American manufacturing workers. The MAP is a project of the NAM’s Manufacturers’ Center for Legal Action (MCLA), which serves as the leading voice of manufacturers in the nation’s courts. Visit us at