This document came from NY OAG in a first partial production of purported common interest agreements, in response to a FOIL request prompted by this Politico story about the Resistance AGs.
Yes, *that* WEACT. Given all of the revelations that the “Climate Superfund” predecessor plan, “nuisance” (then “failure to warn”) litigation, is really about obtaining a “sustainable funding stream,” and the shared funder driving all of this, it makes one wonder about the intentions of the parties for Climate Superfund loot.
This is of course suspect, as well as tantalizing in what it suggests is going on. Numerous states’ precedent (including NY) has it that what these parties share is not a common legal interest but a common political interest. Even when parties try to paper that over by saying, well, we might want to intervene or file an amicus brief, sharing a desired political outcome is not the same as sharing a legal interest in that outcome. Anyway, it raises more, interesting questions.