DOJ & Climate-Related Suits NYS Letter
Summary
A group of New York State legislators wrote to the U.S. Attorney General and Solicitor General requesting that the Department of Justice (DOJ) support the adjudication of climate-related state claims in state courts. The letter argues that the DOJ should reject the Trump Administration's previous positions and align with President Biden's executive order to hold polluters accountable. The authors highlight that the fossil fuel industry has consistently attempted to move these cases to federal court, despite multiple Circuit courts rejecting such arguments.
Key insights
- The authors urge the Department of Justice to clarify that it no longer supports the legal positions held during the Trump Administration regarding climate litigation and should instead support the right of plaintiffs to bring climate-related state claims in state courts without improper removal.
- The fossil fuel industry has repeatedly argued that climate-related state claims must be heard in federal court, but this position has been rejected by every Circuit court, including the 1st, 3rd, 4th, 9th, and 10th Circuits.
- The authors argue that the DOJ's silence on this issue contradicts President Biden's January 20, 2021, Executive Order on "Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis," which aims to hold polluters accountable, particularly those harming low-income communities and communities of color.
- The letter asserts that the financial and structural burdens of climate change are currently borne by governments, while the fossil fuel industry continues to earn record profits and avoid accountability.
Cite the original document
- APA
- Center for Climate Integrity (2022). DOJ & Climate-Related Suits NYS Letter. https://climateintegrity.org//uploads/media/NY_Electeds_Letter_to_DOJ.pdf
- Chicago
- Center for Climate Integrity. DOJ & Climate-Related Suits NYS Letter. 2022. https://climateintegrity.org//uploads/media/NY_Electeds_Letter_to_DOJ.pdf.
- Wikipedia
- {{cite press release |author=Center for Climate Integrity |title=DOJ & Climate-Related Suits NYS Letter |date=17 October 2022 |url=https://climateintegrity.org//uploads/media/NY_Electeds_Letter_to_DOJ.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @misc{centerforclimateintegrity2022doj, author = {{Center for Climate Integrity}}, title = {{DOJ \& Climate-Related Suits NYS Letter}}, publisher = {Center for Climate Integrity}, year = {2022}, month = oct, url = {https://climateintegrity.org//uploads/media/NY_Electeds_Letter_to_DOJ.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
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