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MAP Statement on Boulder, Colorado Climate Litigation Oral Arguments: Manufacturers Wrongfully Targeted for Shared Challenges Demanding Shared Solutions

Washington D.C. – Phil Goldberg, Special Counsel for the NAM’s Manufacturers’ Accountability Project, issued the following statement in response to oral arguments at today’s Tenth Circuit of the U.S. Court of Appeals hearing on Boulder, Colorado’s climate litigation case:

The most telling moment from today’s climate litigation hearing in the Tenth Circuit is when the lawyer for Boulder County acknowledged that this lawsuit was about going after the worldwide sales “across the entire enterprises” of energy manufacturers. Trying to regulate worldwide sales of energy through tort liability is not the role of the courts or state law. Selling Coloradans the energy needed to power their homes, businesses and communities is not unlawful. There is no doubt that we need to mitigate global climate change, but scapegoating energy manufacturers and using state tort law for this shared global challenge is baseless and not productive. If Boulder officials really want to do something about climate change, rather than just try to score local political points, they should work with manufacturers on energy innovations. Innovation and collaboration, not litigation, is the only way to make a real difference for Colorado in the fight against global climate change.


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