If New Jersey hopes to accomplish real victories to combat climate change, one thing is clear: It won’t get there by filing pointless lawsuits against New Jersey’s energy producers. That is the choice that the New Jersey Attorney General’s Office chose to resolve the statewide debate on climate change by filing a lawsuit against all in-state fossil fuel energy producers to seek damages for the losses incurred from Superstorm Sandy. However, New Jersey should learn from what just happened in Delaware, where a court there rejected claims filed by the Delaware Attorney General to advance an aggressive “green” energy policy, reminding the state of Delaware that these issues are to be decided on the federal level, not by state-based claims.
The lesson learned from Delaware and other court decisions demonstrate that it is incumbent upon the elected officials in this state to work alongside all interested groups to develop a common sense and cooperative plan to address New Jersey’s energy and environmental needs. It should not be the judiciary’s job to resolve these policy decisions which are steeped in political differences of opinion.
