Judge Limits Scope of Delaware’s Climate Change Lawsuit Against Fossil Fuel Industry

In a recent legal development, a Delaware Superior Court judge has significantly narrowed the scope of a lawsuit filed by Attorney General Kathleen Jennings against the fossil fuel industry. The lawsuit, initiated in 2020, aimed to hold the industry accountable for its role in climate change and the consequent air pollution in Delaware. The suit, part of a broader legal trend involving state and local governments suing the oil industry, alleged that the industry downplayed the risks of climate change.

Judge Mary Johnston’s ruling dismissed several claims on the grounds that the federal Clean Air Act preempts the state’s claims for damages resulting from out-of-state or global greenhouse emissions and interstate pollution. However, Johnston upheld the state’s right to pursue claims related to air pollution originating within Delaware, citing the primary responsibility of state and local governments in air pollution control.

Additionally, the judge allowed the state to proceed with a general claim of environmental-based public nuisance and trespass for land directly owned by the state but not for land held in public trust. This decision echoes a previous Delaware Supreme Court ruling in a case against Monsanto over PCBs.

The judge dismissed claims of ’greenwashing’ and misrepresentations by the fossil fuel companies due to a lack of specific allegations for each defendant, though she allowed for the possibility of amending the complaint. Claims under the Delaware Consumer Fraud Act were barred due to the expiration of the statute of limitations, as the public had access to climate change information decades before.

Regarding the First Amendment defense raised by the American Petroleum Institute (API), the judge deferred ruling, noting the complexity of distinguishing between commercial speech and misleading statements. While API viewed the decision positively, highlighting the dismissal of several baseless allegations, Jennings’ office is considering the next steps, grateful for the denial of efforts by some defendants to evade accountability.

The ruling underscores the complex legal interplay between state-level initiatives and federal laws in addressing environmental and climate issues, reflecting the ongoing debate over the responsibilities and accountability of the fossil fuel industry in the context of climate change.