Couple (non-lawsuit) responses to people--first, part of why they're revising estimates in the first place is to better match the way people drive. So the comment that 'people don't get the EPA mileage because they speed' is part of the point of changing the estimate. People don't drive the way the test measures mileage, so they change the test to better match reality--which comes out with lower numbers.

On the other hand, people who drive hybrids are probably much more likely to be trying harder to get every last bit of mileage out of their cars, so they are probably more likely to have higher fuel economy relative to the EPA estimates--especially those into their hybrids enough to come to a site like this!

And on the other other hand, even the people here only have an overall mileage average of around 35 mpg for TCHs. It doesn't take many weeks of below-freezing, stormy, slushy weather to seriously drop your per-year FE. The worse the mileage, the more tanks you have to go through for the weeks the worst weather lasts, while the better the mileage, the longer you can go. Same reason my one weekend of errands can screw up my mileage after a week of 20-mile commutes getting 45+mpg.