The American Tort Reform Association (ATRA) has expressed approval for the House Oversight and Government Reform Committee's decision to investigate the State Energy & Environmental Impact Center at New York University School of Law. The investigation will also examine Bloomberg Philanthropies' involvement in placing private attorneys within public offices.
In April, ATRA submitted a letter to members of the House Oversight and Judiciary Committees. The letter urged an examination of the District of Columbia Attorney General’s participation in the State Energy & Environment Impact Center’s program, specifically regarding the hiring of its private attorneys and its practices in awarding contracts to outside counsel.
"We are grateful to Chairman Comer and the members of the committee for taking this bold step to investigate these arrangements that can put at risk government independence and due process rights," said Tiger Joyce, president of ATRA, said in a press release. He added that litigation by state attorneys general offices involved in the Bloomberg program often seems aimed at specific industries to further a political agenda.
The State Energy & Environment Impact Center was established in 2017 with funding from a $5.6 million grant by Michael Bloomberg’s philanthropic organization. It allows private attorneys to act as "Special Assistant Attorneys General" in state offices, including those in Washington D.C., focusing on litigation related to climate change and environmental policy.
"We commend the Committee for recognizing the need for greater transparency and accountability regarding outside involvement in government litigation," Joyce said. He emphasized concerns about public authority being used to advance private agendas of well-funded special interests.
ATRA anticipates ongoing efforts by the Committee to ensure accountability and restore trust in government legal practices.
The issue of government entities hiring private plaintiffs' attorneys has spread from state attorneys general offices to municipal governments. A white paper published earlier this month by the Washington Legal Foundation, and authored by former Nebraska Attorney General Doug Peterson (R), raised broader legal questions about whether cities and counties have the authority to bring lawsuits on behalf of the public—an authority traditionally reserved for state attorneys general. Peterson argued that allowing local governments to pursue public-impact litigation through outside counsel could blur legal lines and create conflicts with state-level legal strategies.
