Email Icon Twitter Icon Facebook Icon Youtube Icon

MAP’s Statement on the Third Circuit Court of Appeals Ruling with Delaware and Hoboken’s Lawsuits

Washington, D.C. — Phil Goldberg, Special Counsel for the Manufacturers’ Accountability Project, issued the following statement addressing the Third Circuit Court of Appeals ruling in Delaware and Hoboken, New Jersey’s climate lawsuits:

“The Third Circuit, in our opinion, reached the wrong conclusion, but importantly, it called out this litigation for what it is: trying to sue energy producers over the public’s use of fuel for everyday activities, including ‘driving cars, heating homes, [and] fueling machinery.’ As the court said, ‘Delaware and Hoboken try to cast their suits as just about misrepresentations. But their own complaints belie that suggestion.’ These statements from the court underscore why, even though these cases may be creatively packaged under state law, this litigation and the remedies they seek are all beyond the scope of any state. Recent events where our energy security is at risk underscore why we cannot afford to subject federal energy policy to a patchwork of approaches from a multitude of state courts. The U.S. Supreme Court has already cautioned against climate litigation for many of these reasons, and this ruling reinforces the reasons why the Supreme Court is likely to hear these cases again.”