DELAWARE - A Delaware judge has rendered a decision that significantly narrows the scope of a lawsuit filed by the state’s attorney general, Kathleen Jennings, against the fossil fuel industry, accusing it of downplaying the risks of climate change.
Attorney General Jennings initiated the lawsuit in 2020, aligning with a California law firm that has previously sued the oil industry on behalf of other state and local governments. While the judge, Mary Johnston, refused to dismiss some claims, she emphasized that the federal Clean Air Act preempts the state’s pursuit of damages for injuries resulting from out-of-state or global greenhouse emissions and interstate pollution.
However, Johnston clarified that the Clean Air Act does not preempt alleged claims and damages resulting from air pollution originating within Delaware.
“Air pollution prevention and control at the source is the primary responsibility of state and local governments,” Johnston asserted.
The judge also ruled that the state can pursue a general claim for environmental-based public nuisance and trespass, specifically for land directly owned by the state. However, this excludes land held “in public trust,” citing a Delaware Supreme Court ruling from the previous year in a lawsuit against Monsanto over environmental damage.
Regarding allegations of “greenwashing” and misrepresentations by the defendants about the effects of fossil fuels on the climate, Johnston mandated their dismissal. She stipulated that the state must provide specific allegations for each individual defendant or be given the opportunity to amend the complaint accordingly.
Additionally, claims made by Jennings’ office under the Delaware Consumer Fraud Act faced a hurdle, as Johnston ruled that they are barred by the passage of time, with the five-year statute of limitations having expired.
“Defendants have provided evidence showing that the general public had knowledge of or had access to information about the disputes regarding the existence of climate change and effects, decades prior to the expiration of the five-year limitations period,” stated the judge.
The ruling deferred a decision on the American Petroleum Institute’s argument that statements it made regarding fossil fuels are protected by the First Amendment. The state contends that API used deceptive campaigns to mislead the public about the hazards of fossil fuel consumption, while API argues that its purpose was to comment on matters of public significance, as it does not produce or sell any fossil fuel.
Mat Marshall, a spokesperson for Jennings, indicated that her office is currently reviewing the ruling and analyzing potential next steps. He expressed gratitude for the court’s denial of efforts by Big Oil defendants to evade accountability, emphasizing the importance of holding them responsible.
Read the full article on the judge's ruling here.