MAP’s Phil Goldberg Joins Pepperdine University Panel on Climate Litigation

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…

Legal Backgrounder: Why the U.S. Supreme Court Should Take Up Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County

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…

American Tort Reform Association Issues New Report on “Attorneys General for Hire”

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….

Third Circuit Held Hearing on Climate Tort Cases

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…

MAP’s Phil Goldberg Participates in OurEnergyPolicy Panel Debate on Climate Litigation

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…

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…

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…

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…

This Week: Ninth Circuit to Hear Oral Arguments in Hawaii Cases

On Thursday, the U.S. Court of Appeals for the Ninth Circuit will hear oral arguments in the City and County of Honolulu and the County of Maui’s climate tort lawsuits against energy manufacturers. The manufacturers are appealing a district court’s order to remand the cases back to state court. Tomorrow’s arguments come only a few…

Three Things to Consider Ahead of Baltimore’s Oral Arguments

The U.S. Court of Appeals for the Fourth Circuit will hear oral arguments on Tuesday, January 25, in the City of Baltimore’s climate tort lawsuit against energy manufacturers. The issue at hand in Tuesday’s proceedings in Mayor & City Council of Baltimore v. BP plc—whether the case will proceed in federal or state court—is largely…