Following news that Middlesex County hired a plaintiffs law firm and filed a lawsuit against energy companies over global emissions, the New Jersey Civil Justice Institute released the following statement:

Elissa Frank, President of the New Jersey Civil Justice Institute, said, “Why has Middlesex County hired an outside, profit-motivated plaintiffs law firm to file a lawsuit nearly identical to claims that courts have repeatedly dismissed as beyond the reach of state and local law? We've seen this playbook before, and it's on a losing streak. Just last year, a New Jersey judge threw out former Attorney General Matt Platkin’s lawsuit against energy companies, noting that federal and state courts around the country have tossed similar claims because ‘the federal system does not permit a State to apply its laws to claims seeking redress for injuries allegedly caused by interstate or worldwide emissions.’

“This filing comes as the Supreme Court is set to hear oral arguments Monday in Suncor Energy Inc. v. County Commissioners of Boulder County, a case that could determine whether claims like those made in this lawsuit — and dozens filed around the country — are barred by federal law.

“New Jersey should focus on creating a predictable legal system that encourages investment and bolsters job creation, not a safe haven for government-led profiteering litigation. After 150 years in the Garden State, ExxonMobil moved its operations to Texas earlier this year, citing the state's hostile lawsuit environment as a prime reason for leaving. Middlesex County is doubling down on the same type of litigation that has already damaged our reputation as a place to invest, create jobs, and do business."

NJCJI is a nonpartisan, not-for-profit organization supported by many of New Jersey’s largest employers, business associations, and professional organizations. We work to promote a fair, efficient, and predictable civil justice system, which is essential for innovation, economic growth, and job creation.

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