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This Year’s Earth Day Is About Renewing Our Call for Climate Innovations

By Phil Goldberg, special counsel to the Manufacturers’ Accountability Project The theme of Earth Day 2022 is “Invest in Our Planet.” We all – businesses, governments, and citizens – are being called upon to “act boldly,” “innovate broadly” and “implement equitably.” In today’s sensationalized political and media climate, it’s easy to lose sight of the ….
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What the Hearing in Minnesota Revealed About Climate Tort Cases

Last week, the U.S. Court of Appeals for the Eighth Circuit heard oral arguments in Minnesota’s climate lawsuit against energy manufacturers. As several reporters noted, the three judge panel seemed unconvinced by Minnesota’s assertion that its case belongs in state court rather than federal court. Judge Jonathan Kobes observed that the lawsuit “necessarily crosses that ….
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ICYMI: Experts Agree — Lawsuits Against Manufacturers Shouldn’t be Heard at the State Level because Climate is a Global Issue

In January, oral arguments were heard at the U.S. Court of Appeals for the Fourth Circuit over the future court jurisdiction of Baltimore’s lawsuit attempting to make manufacturers pay for infrastructure improvements the city claims are needed to address climate change. The pending issue before the Fourth Circuit is whether state or federal courts are ….
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R Street Institute Hosts Expert Panel on Municipal Climate Litigation

Josiah Neeley, a Senior Fellow with R Street, hosted the Manufacturers’ Accountability Project’s Phil Goldberg, Niskanen Center’s David Bookbinder, and American Action Forum’s Ewelina Czapla, to debate the practicality of municipal climate litigation. In recent years, lawsuits have become the primary tactic of municipalities seeking damages from domestic energy producers. These municipalities contend that energy ….
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ICYMI: New York Daily News Op-Ed by MAP’s Phil Goldberg – “New York City’s Climate Lawsuit Fixation”

New York Daily News recently published an op-ed by Phil Goldberg, special counsel to the Manufacturers’ Accountability Project. Goldberg’s op-ed highlights the problems with New York City’s multiple attempts to sue energy manufacturers for causing climate change. Earlier this year, outgoing Mayor Bill de Blasio announced that after several failed attempts, he was once again ….
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D.C. Council to Vote on Attorney General’s Bid to Remove Protections for Manufacturers

The D.C. Council is being asked to take the extraordinary step today of granting the District immunity from the longstanding recourses and protections afforded to people and businesses that are targeted by the government.  And, they are considering it under the “emergency” powers of the District so as to avoid the checks and balances of the regular ….
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Goldberg Tells Panel: Climate Cases Are An “Improper Use of the Courts”

Last month, MAP’s Special Counsel Phil Goldberg participated in a Law & Economic Center conference focused on public nuisance law and the novel ways trial lawyers are using tort theory to sue manufacturers for a variety of social, economic and environmental issues. It included speakers from all sides of the litigation. Goldberg participated in the ….
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The National Association of Manufacturers Files Amicus Briefs in First & Fourth Circuits

Last month, the National Association of Manufacturers filed amicus briefs in the U.S. Court of Appeals for the First and Fourth Circuits, urging the courts to reverse district courts’ orders remanding climate tort lawsuits from Rhode Island and Baltimore, respectively, to state court. The cases were sent back to the circuit courts in May for new ….
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