Washington, D.C. — Phil Goldberg, Special Counsel for the Manufacturers’ Accountability Project, issued the following statement in response to the decision by the U.S. Court of Appeals for the Tenth Circuit to send the climate lawsuit brought by Boulder and counties of Boulder and San Miguel back to state court:
“The Tenth Circuit’s ruling today misses the key point. Boulder’s case may be creatively packaged under state law, but the nature of climate change, this litigation and the remedies they seek are all inherently beyond the scope of any state. Figuring out how to mitigate climate change and its impacts around the country is a major national and international priority that cannot be decided piecemeal by state judges based on a narrow set of politically motivated allegations.
The U.S. Supreme Court already cautioned against climate litigation, which is why this ruling increases the likelihood the Supreme Court will ultimately hear these cases again. It makes no sense to spend years litigating climate cases when it is clear that climate change is global in nature, has many causes and requires broad-based policy solutions that only Congress has the ability to enact.
What’s most concerning here is that the people behind this litigation have repeatedly said their goal in bringing this case is to make energy more expensive for the rest of us, and few families and businesses can afford the bill for this litigation. If Boulder and other communities really want to do something about climate change, they should work with manufacturers on energy innovations that can make a meaningful difference in our ability to source and use energy in ways that are both climate friendly and affordable. This litigation does not provide any of these needed answers.”