The American Tort Reform Association (ATRA) has expressed concerns regarding a draft climate report by the U.S. Department of Energy (DOE). In a press release, ATRA warned that the report risks incorporating “junk science” aligned with litigation goals pursued by plaintiff attorneys.
The DOE’s Climate Working Group released the draft report, titled “A Critical Review of Impacts of Greenhouse Gas Emissions on the U.S. Climate,” to gather public feedback. According to the department, the report aims to synthesize existing climate science findings for policymakers. ATRA cautioned that if studies cited in the report are not thoroughly reviewed, there is a risk of relying on research generated by plaintiff attorneys to support ongoing litigation strategies.
Litigation concerning climate change has grown considerably over the past decade. Reuters reports that various states and municipalities have filed lawsuits against major oil and gas companies, often employing novel legal theories such as public nuisance claims related to greenhouse gas emissions. ATRA warned that these lawsuits frequently depend on expert testimony and studies criticized for being advocacy-driven rather than independent, raising concerns about their influence on national climate policy.
Independent researchers have highlighted the dangers of “junk science” in litigation. The National Academies of Sciences notes that flawed or poorly validated research sometimes enters courtrooms through expert witnesses, leading to decisions based on questionable scientific claims. ATRA argued that including similar studies in the DOE’s climate report could embed advocacy-driven science into official government policy and undermine public trust.
The American Tort Reform Association is a national nonprofit organization focused on reforming the civil justice system. According to its website, ATRA seeks to expose and limit lawsuit abuse, promote transparency in litigation, and encourage reliance on sound science in policymaking. The organization publishes influential reports like the annual “Judicial Hellholes” study and advocates before Congress, federal agencies, and the public to advance its mission of fairness and accountability in courts.
