Over the past several months, the National Association of Manufacturers has filed amicus briefs in the U.S. Supreme Court, where many of the climate cases are now being appealed on the question of whether climate lawsuits against oil and gas companies should be heard in federal or state court. The Court has not decided whether ….
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The U.S. Supreme Court has asked the U.S. Solicitor General to file a brief expressing the United States’ views as to whether the Court should grant review of Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County. As explained in a recent MAP Legal Backgrounder, the petition asks the Court to decide ….
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On October 27, Pepperdine University’s School of Public Policy assembled a panel of experts to discuss and debate the shortcomings and merits of municipal climate litigation. This event, titled “Municipal Climate Litigation in California: Should the Courts or Policymakers Address Climate-Related Damages and Solutions?” was moderated by Pete Peterson, Dean of the School of Public ….
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Boulder and a few other local governments in Colorado are suing Suncor USA and ExxonMobil in state court, trying to hold the two companies legally liable for causing climate change and make them pay for infrastructure improvements in these localities. This lawsuit is part of a coordinated national litigation campaign, with about two dozen similar ….
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The American Tort Reform Association recently issued a report highlighting one of the more concerning aspects of the climate litigation campaign waged by plaintiffs’ lawyers and public officials against energy manufacturers. Privately funded lawyers are being paid to serve in attorney general offices around the country despite the many ethical issues raised by such arrangements. ….
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In June, the U.S. Court of Appeals for the Third Circuit heard oral arguments in the City of Hoboken and State of Delaware’s climate lawsuits against energy producers. The three-judge panel probed the assertion that the case belongs in state court rather than federal court. The judges asked good questions of both sides, appreciating the ….
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On June 8, OurEnergyPolicy, a non-partisan non-profit organization, assembled a panel of experts to discuss and debate the shortcomings and merits of municipal climate litigation. This event, titled “The Rise of Climate Litigation,” was moderated by Graham Erion of CarbonFree Technology and featured the Manufacturers’ Accountability Project’s Phil Goldberg, former Virginia Congressman Rick Boucher, and ….
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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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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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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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