Delaware’s landmark lawsuit against some of the world’s largest fossil fuel industry companies recently suffered a partial setback. The lawsuit, which accused these companies of deliberately downplaying the risks of climate change, was partially dismissed by a state judge. This ruling was a blow to environmental activists and the state, which had hoped to hold these companies accountable for their role in exacerbating climate change.
The judge’s decision was based on the premise that the federal Clean Air Act preempts the state’s claims seeking damages for out-of-state or global greenhouse emissions. This means that the state cannot pursue damages for pollution that originates outside of its borders, as the responsibility for such transgressions falls under federal jurisdiction according to the Clean Air Act.
However, the judge ruled that claims for damages resulting from air pollution originating within Delaware were not preempted by the Clean Air Act. This allows the state to continue to pursue these claims and potentially hold the accused companies accountable for in-state pollution.
Furthermore, the state was granted permission to pursue a general claim for environmental-based public nuisance and trespass for land that it directly owns. This indicates that the judge recognizes the state’s right to protect its own property from environmental damage.
On the other hand, the judge dismissed claims accusing the defendants of “greenwashing” and making misrepresentations about fossil fuels’ effects on the climate. The judge also dismissed the state’s damages claims against major oil companies such as Chevron, ExxonMobil, Shell, BP, ConocoPhillips, and others.
Adding to the setbacks for the state, claims that the defendants violated the Delaware Consumer Fraud Act by misleading the public on the impacts of fossil fuel use, were barred by a five-year statute of limitations. This essentially means that any alleged fraudulent activity that occurred more than five years prior to the filing of the lawsuit cannot be included in the case.
Initiated in September 2020, Delaware’s lawsuit is among several “climate deception” cases filed across the United States. The lawsuit is represented by California law firm Sher Edling, which has a reputation for taking on high-profile environmental cases. While this latest ruling is a setback, it is clear that the fight against climate deception is far from over. The remaining claims in Delaware’s lawsuit, as well as similar cases across the country, will continue to press for accountability and justice in the face of climate change.
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